Complete Story
06/22/2020
Accepting Cash Payments During Collections
Brad Cromes, Portage County
Happy collections, all! I'm writing because I made the decision to keep my office closed for in-person payments for the duration of this collection (due to concerns over COVID-19 and the difficulty in making distinctions between different classes of taxpayers RE: appoint-based payments).
As a result, I have received significant push-back from my Prosecutor. His position is that I must accept cash if it is tendered (citing ORC 321.13). He wrote the following this morning: "Brad: Thank you for your e-mail regarding acceptance of cash payments for real estate taxes. In reviewing the materials you included I note that other county Treasurers are accepting cash payments by appointment. I also note that your office is willing to meet with taxpayers by appointment to make payment plan arrangements. I would urge you to also allow cash payment on an appointment basis. As we have previously advised you, pursuant to ORC 321.13 cash “shall be received” by the county Treasurer in payment of county obligations. It is further our opinion that assessment of late or non-payment penalties would not be proper against any taxpayer who indicated a desire to pay their obligation in cash but was not afforded the opportunity to do so. Please advise if you have any further questions on this issue."
My questions for you all are as follows:
1) Are any of you keeping your counters closed for this collection?
2) Are any of you refusing cash payment (most likely, given the statute, in concert with keeping your counters closed)?
3) If you fall into one of the above categories, have you received any significant feedback from taxpayers to this point?
As for our case, to a person the folks who have attempted to pay in person via cash have been understanding and offered payment in another format (check, credit/debit, or cashier's check/money order). Pointedly, I have not issued a policy saying we will not take cash payment...only that I'm not taking payments over the counter (which, I acknowledge, has the effect of negating most cash transactions). We have received one cash payment via the drop box...but I imagine that'll be pretty rare. I'm considering elevating this to the level of requesting an Attorney General opinion if the need arises.
Your feedback/thoughts on this matter would be most appreciated.
12 Comments
Char Lee on Monday 06/22/2020 at 01:35 PM
Brad,
I'm not sure if this helps you, but I am accepting cash and my office is open for payments. I did talk with my prosecutor about accepting cash when this started. He said it is considered an acceptable form of payment; I could not deny someone from using that form of payment. (This was a hallway conversation, not in writing.)
Vicki Sefsick on Monday 06/22/2020 at 01:39 PM
We are accepting cash payments and are open to the public
Sam Lamancusa on Monday 06/22/2020 at 01:57 PM
Trumbull County Commissioners reopened building 06/15/2020 Treasurers Office is on the second floor elevators are 3feet x 5 feet wide.
Distancing and face coverings very hard to control. My new office hours open to the public are 8:30 to 12:30. We are no longer accepting cash payments. My prosecutor asked if I wanted an opinion on cash payments. I told him no the Federal Government dose not accept cash payments so the Trumbull County Treasurer will no longer accept cash payments. When I receive complaint I answer that steps I am taking are for Public Safety, Employee Safety and the SAFETY OF MY FAMILY.Have not got much complaint yet. Notification was in Tax Bill sent on June 15 Due Date is 08/07/2020. I doubt that the Prosecutor will defend me if someone comes after the County for any of my new rules I will play Jim Traficant and defend myself in court or hire Brad Cromes. Also asked my Commissioners for a Trailer or a Pod for our back parking lot so that I could handle payments the last 2 weeks of collection personally 8:30-4:30. They have no money was my answer.
john burke on Monday 06/22/2020 at 01:58 PM
Medina County is open to the public for tax collection and accepts cash payment over the counter - no cash in drop boxes
John Coffield on Monday 06/22/2020 at 02:19 PM
Brad. We also are closed to the public for this entire collection period. I included an insert in our tax bills listing all the different way taxpayers could make their payment. I stated that cash was highly discouraged. This has not stopped people from calling the office and asking if we are open. (I guess they don't believe the insert.) We tell them again what their options are in making payments other than cash and we can usually convince people to pay using one of these other options. If they insist on coming in...which we haven't encountered yet...we will them they need to sign in with the deputy on duty in the lobby, have their temperature taken and they must wear a mask. We will then meet them in the lobby and accept cash...but it has to be the exact amount. We do get some cash in our drop box. Our assistant prosecutor also stated that we should not say that we will not accept cash.
Shelley Coon on Monday 06/22/2020 at 02:40 PM
Brad, We opened back up to the public on May 4th. We are taking (cash) payments at the counter and kept our original due date of July 10. We have had no issues, just a lot of hand washing and sanitizer through out the day.
Jeannie Zurmehly on Monday 06/22/2020 at 02:52 PM
Brad,
1) No, we are open.
2) No, we accept all forms of payments.
Jeannie Zurmehly
Mike Migden on Monday 06/22/2020 at 03:39 PM
Brad,
We are accepting cash payments by appointment. We are going to open our office to the public for the final week of collection.
Chris Murray on Monday 06/22/2020 at 06:47 PM
Brad, when we open back up to the public in a couple of weeks I will be accepting cash over the counter and accepting appointments for delinquent contracts. I did receive an opinion from our Law Department re: ORC 321 as well. As with other counties, we will be requiring masks and social distancing practices. My fingers are crossed.
April Bowersock on Tuesday 06/23/2020 at 08:32 AM
Brad, I have my office closed to the public the entire month of June. I sent an insert with my tax bills explaining that "until further notice" my office would be closed to the public and that customers should mail or leave their payments in one of our two drop boxes. The notice also states DO NOT leave cash as it cannot be verified. However, some people have left cash anyways. I did ask my prosecutor if I could refuse cash payments and he told me no. I will most likely open the office to the public starting July 1st. Our due date is July 15th.
Chris Hitchcock on Friday 06/26/2020 at 10:20 AM
Geauga is open and accepting cash but only EXACT amounts. We don't make change!
Brad Cromes on Wednesday 07/01/2020 at 08:30 AM
Thank you all for your feedback! I'm going to bring this to Kevin, Dan and Nancy as something to consider for a future legislative fix...it seems to me we should have the flexibility to make this decision ourselves. Thanks again!
