STATE OF OHIO
CONTROLLING BOARD
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
OPERATING TRANSFER Controlling Board No.
CLA0100040
Status:  Approved
Meeting Date:  6/14/2021

GENERAL INFORMATION
Agency
Court of Claims


Division/Institution
Court of Claims
Waiver of Competitive Selection  (Revised Code Section 127.16B)
      No Competitive Opportunity
      Agency Released Competitive Opportunity
Agency Released Competitive Opportunity (Revised Code Section 127.162)
Other Statutory Authority/Bill Section:
Operating Transfer Request  (Revised Code Section 127.14)
      Appropriation
      Cash
      Other Statutory Authority/Bill Section:
Fiscal Year(s)
2021
Bill No.
HB 166
Eligible for OBM
Director Approval?
No

TRANSER INFORMATION
FromToFYFund GroupFund CodeAppropriation Line ItemAppropriation Line Item NameTransfer AmountPrev Rel Amount
CEB01 2021 5KM0 911614 CB Emergency Purpose $490,946.77 $4,028,868.24
CLA01 2021 GRF 015402 Wrongful Imprisonment Fund $490,946.77 $4,028,868.24

SIGNATURES
     
Anderson M. Renick 06/14/2021
   
Agency Director or Authorized Agent On The Date Of
   
05/11/2021 W. Fletch Zimpher
   
Date Controlling Board President/OBM Director
   
AGENCY CONTACT
Name:  Jennie B Parks Title:  Director of Operations
Phone:  (614) 387 - 9804 Fax:  (614) 387 - 9836 E-Mail:  jparks@ohiocourtofclaims.gov
REQUIRED EXPLANATION OF REQUEST
  The Court of Claims respectfully requests Controlling Board approval to transfer $488,005.37, plus interest for a total of $490,946.77, from fund 5KM0, ALI 911614 (CB Emergency Purpose) to the Court of Claims of Ohio, GRF, ALI 015402 (Wrongful Imprisonment Fund) in FY21, for payment of preliminary judgment to plaintiff Anthony Lemons for damages resulting from his wrongful imprisonment by the State of Ohio for a total of 6,277 days.  
  R.C. 2743.48(A) defines a wrongfully imprisoned individual as one: (1) who was charged with a felony (2) who was found guilty of a felony (3) who was sentenced to a term of imprisonment in a state correctional institution (4) whose conviction was vacated, or dismissed, or reversed on appeal (5) and where, subsequent to sentencing and/or imprisonment, an error in procedure resulted in the individual's release, or it was determined by a court of common pleas that the offense of which the individual was found guilty either was not committed by the individual or was not committed by any person.

Further, R.C. 2743.48(E) provides that in a civil action in the Court of Claims the complainant may establish that the claimant was a wrongfully imprisoned individual by submitting to the Court of Claims a certified copy of both the judgment entry and the determination of the court of common pleas that the claimant was a wrongfully imprisoned individual.

Finally, R.C. 2743.48(B)(4) states that within sixty days after the date of the entry of the determination by the court of common pleas, the clerk of the court of claims shall forward a preliminary judgment to the president of the controlling board requesting the payment of fifty percent of the amount described in division (E)(2)(b) of this section to the wrongfully imprisoned individual. The board shall take all actions necessary to cause the payment of that amount out of the emergency purposes special purpose account of the board.

The plaintiff has shown that he meets all conditions for wrongful imprisonment and has, in addition, submitted the determination of the court of common pleas of Cuyahoga County to that effect. The plaintiff meets the definition of a wrongfully imprisoned individual.

On May 5, 2021 the Court of Claims granted Plaintiff damages in the amount of $488,002.37, plus interest for a total of $490,946.77. [Pursuant to R.C. 2743.18(B)(1), interest shall be allowed on a judgment rendered against the state in a civil action for each day between the date of entry of the judgment and the date of payment of the judgment or for sixty days from the date of entry of the judgment, whichever is less. The 2021 interest rate as certified by the Ohio tax commissioner is 3%.]
 
   
Attachments Controlling Board Request No.: CLA0100040
Attachment TypeAttachment Description
Statutory Provision Authorizing Transfer RC 2743.48
Other Preliminary Judgment Entry

Operating Request Required Information
Operating Transfer Request
Controlling Board Request No.: CLA0100040
1.  How will the additional appropriation and/or cash be used?
The additional appropriation and cash will be used to pay a preliminary judgment to plaintiff, Anthony Lemons, for damages resulting from his wrongful imprisonment by the state of Ohio.
Provide the information below relative to this transfer.
Account Category Account Category Description Current Appropriation Authority Requested Increase in Appropriation Total Appropriation Authority
500   Personal Services - Payroll   $0.00   $0.00   $0.00
510   Purchases Personal Services and Others   $0.00   $0.00   $0.00
520   Supplies and Maintenance   $0.00   $0.00   $0.00
530   Equipment   $0.00   $0.00   $0.00
550   Subsidies and Shared Revenue   $0.00   $0.00   $0.00
570   Capital Items   $0.00   $0.00   $0.00
590   Judgements, Settlements and Bonds   $4,028,868.24   $490,946.77   $4,519,815.01
Other   Other   $0.00   $0.00   $0.00
Total: $4,028,868.24 $490,946.77 $4,519,815.01
   
2. Provide a short description of each item affected by this transfer in the table above.
For example, if transferring appropriation to a subsidy line item, provide details on the added recipients or the new allocation formula for distribution of moneys.
 
Account Category Short Description
500
510
520
530
550
570
590 Court of Claims Case No. 2019-01034WI
Other
   
3. Will this transfer be used to maintain current service levels, expand an existing program or activity, or begin a new program? Explain.
No.
   
4. Based upon the response to number 3, explain how these services or programs would have been funded if this additional funding were not available.
N/A
   
5. Account Category 500-Personal Services:
 
a. Explain why changes are being requested in the personal services account category 500.
N/A
b. How many existing staff are being affected by this transfer? 0
What appropriation line item are they currently being paid? 
c. How would these existing staff have been affected if these additional funds were not available?
d. Will new staff be hired as a result of the additional funds? 
   
6. List any other transfers involving these appropriation line items and/or cash approved by the Controlling Board in the current biennium, including the date and requested amount of the adjustment(s).
 
ALITransfer DateTransfer AmountCBR Number
015402 07/13/2020 $1,900,000.00 CLA0100036
015402 01/25/2021 $1,306,652.00 CLA0100037
015402 03/08/2021 $472,216.80 CLA0100039
015402 03/08/2021 $350,000.00 CLA0100038
015402 01/27/2020 $50,000.00 CLA0100034
015402 06/01/2020 $775,000.00 CLA0100035