Ohio Rev. Code Ann. § 118.03
(A) Any one of the following constitutes a fiscal emergency condition of a municipal corporation, county, or township:
(2) The existence, at the time of the determination by the auditor of state under section 118.04 of the Revised Code, of a failure for lack of cash in the funds to make payment of all payroll to employees of the municipal corporation, county, or township in the amounts and at the times required by law, ordinances, resolutions, or agreements, which failure of payment has continued: