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JeffFanger EHC

           May began with a bang as we attended the Hillcrest Regional Chamber of Commerce's Business Expo on the third and held a reception for exhibitors afterward with JAC Business Communications and American Copier Solutions.

I have to say that the number of people who came through the doors was impressive, and I would definitely recommend attendance next year for anyone who didn't get a chance to go this time around. Many thanks to Angie Pohlman and Karen Schafer of the HRCC for a job superbly done, and on their behalf, visit http://www.hrcc.org/ to learn more about the Chamber.

We are also proud to announce that we will be collaborating with the Small Business Development Center in downtown Cleveland over the next several months to provide new business owners with legal seminars. We are happy to be working with the SBDC and we encourage anyone beginning a new small business to use their available resources.

            There are several changes in Ohio policy to note this month, as described in the articles below. As always, if you have legal questions we encourage you to call us at 440.605.9641 or visit www.FangerLaw.com.

            Thank you for your readership and enjoy this month's newsletter.

 

 

                                                                         Jeffrey J. Fanger 

The State of Our State                           
Recent Changes in Ohio Legislation

SB 117 and GCOAT regulations

 

 

As of March 22, SB 117 became effective and enacted the Uniform Power of Attorney, Involuntary Treatment, and Trustee Duties Act. This Act gives probate courts the power to include petitions for the involuntarily commitment of people who abuse drugs or alcohol, and establishes a procedure for doing so.

 

R.C. 3793.32 gives probate courts the authority to order involuntary treatment for people committing drug and/or alcohol abuse, but "only if all of the following apply:

(1)  The person suffers from alcohol or other drug abuse;

(2)  The person presents an imminent danger or imminent threat of danger to self, family,

or others as a result of alcohol and other drug abuse, or there exists a substantial

likelihood of such a threat in the near future;

(3)  The person can reasonably benefit from treatment."

 

These guidelines should allay any fears that people will be unreasonably or unjustly committed to drug recovery facilities. Any petitioner looking to commit someone involuntarily must also be filing in the interest of that person and be a spouse, relative or guardian of his/hers. The petitioner must include why he feels the other meets the above criteria, a physician certified exam that shows the physician's opinion on treatment and whether or not the other would submit to an exam a deposit to cover half the cost of treatment, and a statement from the petitioner or other guarantor agreeing to pay for all treatment, legal and associated costs if and when the other is committed.

 

GCOAT, the Governor's Cabinet Opiate Action Team announced at the start of Ohio's 2012 Opiate Summit on May 7 that statewide guidelines are being established to control the prescription of Opioids and Other Controlled Substances (OOCS) in emergency medical facilities.

 

            Kasich began GCOAT in the fall of 2011 "to address the continuing epidemic of misuse and abuse and overdose from prescription opioids.  The GCOAT consists of five working groups:

(1) Treatment--includes Medication Assisted Treatment

(2) Professional Education

(3) Public Education

(4) Enforcement

(5) Recovery Supports.

 

            As of 2007, drug overdose surpassed all other causes of injury related deaths in Ohio, continuing until 2010. Prescription drugs were largely responsible for the rise in deaths, with Emergency Departments prescribing 39% of opioids. The OOCS guidelines are not a replacement for clinical judgment, which focuses on providing adequate and appropriate care to patients.   The OOCS guidelines are, however, intended to cut down on those drug prescriptions that are routinely abused by addicts relying on the good intentions of doctors and clinicians.

 

            "The various endorsers of the guidelines also play a significant role in clinical pain management prescribing practices in Ohio.  Those who participated in the development of the guidelines and also endorse them are: Ohio State Medical Association; Ohio Osteopathic Association;  Ohio Chapter American College of Emergency Physicians; Ohio Hospital Association; Ohio Pharmacists Association; Urgent Care College of Physicians; Ohio Bureau of Workers Compensation; Ohio Physician Assistants Association; and Ohio Association of Health Plans."

 

To read Senate Bill 117 in full detail, click here.

 

Other information taken from Healthy Ohio's website, to view click here.

 

GCOAT and OOCS action information taken from the Governor's Communication Department, to view the full release, click here.

 

LegalnewsPicArticle Corner                           

"8 items to include in a volunteer application"

From the Nonprofit Times

Need some volunteers to help out? You first need to create an application for volunteering.

As John L. Lipp explained in his book "The Idiot's Guide to Recruiting and Managing Volunteers," volunteer applications are almost exactly like the ones individuals fill out for a paid job. There are some minor differences, however.

Lipp, who is the president & CEO of San Francisco, Calif.-based Pets Are Wonderful Support (PAWS), shared some of the information included in that organization's applications:

1. Contact information: Standard information about the prospective volunteer, including contact information, their preference for communication, and if it's ok to contact them at work.

 

2. Employment information: This not only helps you understand more about a volunteer's skills and professional network, it's good information for your development 

department to have, too.

 

3. Availability: Asking volunteers to indicate their availability helps to realistically focus their expectations.

 

4. Emergency contact information: Collecting this essential information on the front page of the application makes it easy to find.

 

5. Reasons for volunteering: The applicant's answers to these preliminary questions will be fleshed out in the actual interview. This section also asks about any service requirements (court or school) and criminal convictions.

 

6. References: Next on the application is a request for people who can vouch for the applicant's skills and experience.

 

 7. Desired positions: This will help guide your interview questions and, based on where they are ultimately placed, determine which additional screening is necessary.

 

8. Waivers: These are used in many organizations and, should you find yourself in court,  might help to limit your liability.

 

 

Article originally posted on the Nonprofit Times website, to read, click here.

 

Candice BradleyCourt Update
Recent Court Decisions of Interest to Nonprofit Organizations 

PNC Bank, N.A. v. Farinacci, 196 Ohio App.3d 677, 2011-Ohio-6072

 

            

On a case decided November 23, 2011, Collen Conway Cooney of the Ohio Court of Appeals affirmed the trial court's decision to hold eight business partners equally responsible for the debt associated with their business line of credit. The partners were held responsible for one-eighth of the total debt, regardless of their percentage of ownership in the business.

            The plaintiff and appellant in this case, PNC Bank, took on the debt from National City Bank and attempted to collect the balance from "a borrower identified as "Sam J. Strano, dba Washington Square Enterprises." PNC's complaint alleged that Michael A. Farinacci and Claire Gruttadauria, the defendants-appellees, were liable for Washington Square's debt as general partners. After this complaint, PNC attempted to also include the "other six general partners of Washington Square as defendants, but the motion was denied."

The difference between joint liability and joint and several liability is crucial to both the trial court's and the court of appeal's decision. Joint liability, which was applied to this case, means that all partners are equal for their share, and only their share, of the debt. Joint and several liability would have meant that each partner was liable for the full amount of the debt and that the creditor could have asked for it from each partner.

            The trial court decided that both Michael and Claire owed $4,190.33, plus interest, holding that "The eight general partners of Washington Square Enterprises are only jointly liable, not jointly and severally liable, for the contract debt to PNC and separate judgments on the breach of contract claims against Farinacci and Gruttadauria in the amount of one-eighth each of the entire debt are appropriate." PNC then appealed this judgment.

            PNC assigned the following three errors to the trial court's decision; that the trial court incorrectly applied R.C. 1775.14 instead of 1776.36, that the trial court erred in denying summary judgment and that the trial court erred in dividing the debt equally to all partners and should have been proportionate to ownership.

            PNC's first assignment of error and, therefore, the subsequent two assignments, are based on related legislation changes. The Ohio General Assembly passed the Ohio Uniform Partnership Act, effective January 1, 2010, which includes R.C. 1776.36 and which, according to PNC, should have been applied. This clause would have found the partners "liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law." The act, however, does not apply to partnerships formed before January 1, 2009, aside from those that fell into an inapplicable, and specific set of guidelines. If Washington Square had elected to be governed by the Uniform Partnership Act, they would have been jointly and severally liable to a third party. Since the eight partners formed Washington Square in 1978 and did not elect to extend their liability to a third party, PNC's claim was invalid and their first assignment of error was overruled.

            PNC's second assignment of error stated that the partners benefitted from unjust enrichment due to their nonpayment of the debt, however, "there was no evidence that the individual partners benefitted in the same amount." PNC claimed that "R.C. 1776.36 attaches liability to all partners for all obligations of the partnership," so there is no real distinction between unjust enrichment and a breach of contract, or the debt collection. However, since as previously stated, R.C. 1776.36 is not applicable here, PNC's second assignment of error was overruled.

            PNC's third assignment of error stated that the trial court should have assigned liability according to the partner's ownership percentage in the company. As the partners were still governed under R.C. 1775.17 when they defaulted on their line of credit, "the allocation of liability for losses...applies only to the rights and duties of the partners to each other and is not relevant to partnership liability toward third parties." Therefore, the third assignment of error was overruled.

 

A Moment of Levity                              
A Little Humor to Brighten your Day
 
Jasonlove day job night job 
 
To see more of these cartoons, visit www.jasonlove.com

Women and Computer Nonprofit Resources
Spotlighting Internet Resources for Nonprofits

                           LINC OHIO

Legal Information for Nonprofit Corporations 

www.lincohio.org 

  

What:  The website is for anyone thinking of starting a nonprofit organization and assistance for existing nonprofits to help them accomplish their goals.  

Mission:  To help support new and existing nonprofit organizations with their legal & management needs.

Services:  Provides over 2,500 Internet resources to help nonprofit organizations to either get started and/or to continue to grow effectively.  

Check It Out:  Resource Center - includes:  advocacy & lobbying, background information & portals, faith-based initiatives, federal and state regulations, grants, IRS and nonprofits, nonprofit leadership, nonprofit & technology, Office of Management and Budget, publications, starting a nonprofit, taxes, three-sector partnerships, U.S. Post Office - nonprofit information, volunteerism.     

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The opinions and views expressed in this newsletter are solely those of the author of the article and/or Fanger & Associates LLC. Articles appearing in this newsletter are intended to provide broad, general information about the law. This newsletter is sent to clients and friends of Fanger & Associates LLC, as well as Ohio businesses and Ohio nonprofit corporations as identified through their registration with the Ohio Secretary of State, including organizations with which Fanger & Associates LLC has no prior contact. Before applying this information to any specific legal problem, readers are urged to seek advice from an attorney. If you have any questions regarding any topic in this publication and you already have a lawyer, please contact your lawyer. If you do not already have counsel, please feel free to contact Fanger & Associates LLC and we will be happy to assist you.
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