As Reported by the Senate Finance and 1
Financial Institutions Committee 2
122nd General Assembly 5
Regular Session Sub. S. B. No. 6 6
1997-1998 7
SENATORS KEARNS-DIX-OELSLAGER-GILLMOR-SUHADOLNIK-CUPP-GAETH- 9
ZALESKI-HORN-RAY 10
12
A B I L L
To amend sections 101.72, 102.02, 102.022, 102.03, 14
126.21, 2907.03, 3345.011, 3345.09, 3345.61, and 15
3345.99, to enact sections 3333.045 and 3345.71
to 3345.78, and to repeal section 3345.031 of the 17
Revised Code to require the Ohio Board of Regents 18
to place a state university or college on a
fiscal watch under certain circumstances, to 20
authorize the Governor under certain
circumstances to transfer the powers and duties 21
of a board of trustees of a state university or 23
college under a fiscal watch to a conservator and 24
alternative governance authority, to require the 25
development of a model for training members of
boards of trustees of state universities and 26
colleges and of the Board of Regents regarding 27
their authority and responsibilities, and to make
an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 101.72, 102.02, 102.022, 102.03, 31
126.21, 2907.03, 3345.011, 3345.09, 3345.61, and 3345.99 be 32
amended and sections 3333.045, 3345.71, 3345.72, 3345.73, 34
3345.74, 3345.75, 3345.76, 3345.77, and 3345.78 of the Revised 35
Code be enacted to read as follows: 36
Sec. 101.72. (A) Each legislative agent and employer, 45
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within ten days following an engagement of a legislative agent, 46
shall file with the joint legislative ethics committee an initial 48
registration statement showing all of the following:
(1) The name, business address, and occupation of the 50
legislative agent; 51
(2) The name and business address of the employer and the 53
real party in interest on whose behalf the legislative agent is 54
actively advocating, if it is different from the employer. For 55
the purposes of division (A) of this section, where a trade 56
association or other charitable or fraternal organization that is 57
exempt from federal income taxation under subsection 501(c) of 58
the federal Internal Revenue Code is the employer, the statement 59
need not list the names and addresses of each member of the 60
association or organization, so long as the association or 61
organization itself is listed. 62
(3) A brief description of the type of legislation to 64
which the engagement relates. 65
(B) In addition to the initial registration statement 67
required by division (A) of this section, each legislative agent 68
and employer shall file with the joint committee, not later than 69
the last day of January, May, and September of each year, an 71
updated registration statement that confirms the continuing 72
existence of each engagement described in an initial registration 73
statement and that lists the specific bills or resolutions on 74
which the agent actively advocated under that engagement during 75
the period covered by the updated statement, and with it any 76
statement of expenditures required to be filed by section 101.73 77
of the Revised Code and any details of financial transactions 78
required to be filed by section 101.74 of the Revised Code. 79
(C) If a legislative agent is engaged by more than one 81
employer, the agent shall file a separate initial and updated 82
registration statement for each engagement. If an employer 83
engages more than one legislative agent, the employer need file 84
only one updated registration statement under division (B) of 85
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this section, which shall contain the information required by 86
division (B) of this section regarding all of the legislative 87
agents engaged by the employer. 88
(D)(1) A change in any information required by division 90
(A)(1), (2), or (B) of this section shall be reflected in the 91
next updated registration statement filed under division (B) of 92
this section. 93
(2) Within thirty days after the termination of an 95
engagement, the legislative agent who was employed under the 96
engagement shall send written notification of the termination to 97
the joint committee. 98
(E) Except as otherwise provided in this division, a 100
registration fee of ten dollars shall be charged for filing an 101
initial registration statement. All money collected from this 102
registration fee shall be deposited to the credit of the joint 103
legislative ethics committee fund created under section 101.34 of 104
the Revised Code. An officer or employee of a state agency who 106
actively advocates in his A fiduciary capacity as a
representative of that state agency need not pay the registration 108
fee prescribed by this division or file expenditure statements 110
under section 101.73 of the Revised Code. As used in this 111
division, "state agency" does not include a state institution of
higher education as defined in section 3345.031 3345.011 of the 113
Revised Code.
(F) Upon registration pursuant to division (A) of this 115
section, the legislative agent shall be issued a card by the 116
joint committee showing that the legislative agent is registered. 117
The registration card and the legislative agent's registration 118
shall be valid from the date of their issuance until the next 119
thirty-first day of December of an even-numbered year. 121
(G) The executive director of the joint committee shall be 123
responsible for reviewing each registration statement filed with 124
the joint committee under this section and for determining 125
whether the statement contains all of the information required by 126
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this section. If the joint committee determines that the 127
registration statement does not contain all of the required 128
information or that a legislative agent or employer has failed to 129
file a registration statement, the joint committee shall send 130
written notification by certified mail to the person who filed 131
the registration statement regarding the deficiency in the 132
statement or to the person who failed to file the registration 133
statement regarding the failure. Any person so notified by the 134
joint committee shall, not later than fifteen days after 135
receiving the notice, file a registration statement or an amended 136
registration statement that does contain all of the information 137
required by this section. If any person who receives a notice 138
under this division fails to file a registration statement or 139
such an amended registration statement within this fifteen-day 140
period, the joint committee shall notify the attorney general, 141
who may take appropriate action as authorized under section 142
101.79 of the Revised Code. If the joint committee notifies the 143
attorney general under this division, the joint committee shall 144
also notify in writing the governor and each member of the 145
general assembly of the pending investigation. 146
(H) On or before the fifteenth day of March of each year, 148
the joint committee shall, in the manner and form that it 149
determines, publish a report containing statistical information 150
on the registration statements filed with it under this section 151
during the preceding year. 152
Sec. 102.02. (A) Except as otherwise provided in division 161
(H) of this section, every person who is elected to or is a 162
candidate for a state, county, or city office, or the office of 163
member of the United States congress, and every person who is 164
appointed to fill a vacancy for an unexpired term in such an 165
elective office; all members of the state board of education; the 167
director, assistant directors, deputy directors, division chiefs, 168
or persons of equivalent rank of any administrative department of 169
the state; the president or other chief administrative officer of 170
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every state institution of higher education as defined in section 171
3345.031 3345.011 of the Revised Code; the chief executive 173
officer of each state retirement system; all members of the board 174
of commissioners on grievances and discipline of the supreme 175
court and the ethics commission created under section 102.05 of 176
the Revised Code; every business manager, treasurer, or 177
superintendent of a city, local, exempted village, joint 178
vocational, or cooperative education school district or an 179
educational service center; every person who is elected to or is 180
a candidate for the office of member of a board of education of a 181
city, local, exempted village, joint vocational, or cooperative 182
education school district or of a governing board of an 183
educational service center that has an average daily membership 184
of twelve thousand or more as most recently certified to the 185
state board of education pursuant to division (A) of section 186
3317.03 of the Revised Code; every public official or employee 187
who is paid a salary or wage in accordance with schedule C of 188
section 124.15 or schedule E-2 of section 124.152 of the Revised 189
Code; and every other public official or employee who is 190
designated by the appropriate ethics commission pursuant to 191
division (B) of this section shall file with the appropriate 192
ethics commission on a form prescribed by the commission, a 193
statement disclosing:
(1) The name of the person filing the statement and each 195
member of the person's immediate family and all names under which 197
the person or members of the person's immediate family does 198
business; 199
(2)(a) Subject to divisions (A)(2)(b), and (c) of this 201
section and except as otherwise provided in section 102.022 of 202
the Revised Code, identification of every source of income, other 203
than income from a legislative agent identified in division 204
(A)(2)(b) of this section, received during the preceding calendar 205
year, in the person's own name or by any other person for the 207
person's use or benefit, by the person filing the statement, and 208
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a brief description of the nature of the services for which the 209
income was received. If the person filing the statement is a 210
member of the general assembly, the statement shall identify the 211
amount of every source of income received in accordance with the 212
following ranges of amounts: zero or more but less than one 213
thousand dollars; one thousand dollars or more but less than ten 214
thousand dollars; ten thousand dollars or more but less than 215
twenty-five thousand dollars; twenty-five thousand dollars or 216
more but less than fifty thousand dollars; fifty thousand dollars 217
or more but less than one hundred thousand dollars; and one 218
hundred thousand dollars or more. Division (A)(2)(a) of this 219
section shall not be construed to require a person filing the 220
statement who derives income from a business or profession to 221
disclose the individual items of income that constitute the gross 222
income of that business or profession, except for those 223
individual items of income that are attributable to the person's 224
or, if the income is shared with the person, the partner's, 225
solicitation of services or goods or performance, arrangement, or 226
facilitation of services or provision of goods on behalf of the 227
business or profession of clients, including corporate clients, 228
who are legislative agents as defined in section 101.70 of the 229
Revised Code. A person who files the statement under this 230
section shall disclose the identity of and the amount of income 231
received from a person whom the public official or employee knows 232
or has reason to know is doing or seeking to do business of any 233
kind with the public official's or employee's agency. 234
(b) If the person filing the statement is a member of the 236
general assembly, the statement shall identify every source of 237
income and the amount of that income that was received from a 238
legislative agent, as defined in section 101.70 of the Revised 239
Code, during the preceding calendar year, in the person's own 241
name or by any other person for the person's use or benefit, by 242
the person filing the statement, and a brief description of the 244
nature of the services for which the income was received. 245
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Division (A)(2)(b) of this section requires the disclosure of 246
clients of attorneys or persons licensed under section 4732.12 of 247
the Revised Code, or patients of persons certified under section 248
4731.14 of the Revised Code if those clients or patients are 249
legislative agents. Division (A)(2)(b) of this section requires 250
a person filing the statement who derives income from a business 251
or profession to disclose those individual items of income that 252
constitute the gross income of that business or profession that 253
are received from legislative agents. 254
(c) Except as otherwise provided in division (A)(2)(c) of 256
this section, division (A)(2)(a) of this section applies to 257
attorneys, physicians, and other persons who engage in the 258
practice of a profession and who, pursuant to a section of the 259
Revised Code, the common law of this state, a code of ethics 260
applicable to the profession, or otherwise, generally are 261
required not to reveal, disclose, or use confidences of clients, 262
patients, or other recipients of professional services except 263
under specified circumstances or generally are required to 264
maintain those types of confidences as privileged communications 265
except under specified circumstances. Division (A)(2)(a) of this 266
section does not require an attorney, physician, or other 267
professional subject to a confidentiality requirement as 268
described in division (A)(2)(c) of this section to disclose the 269
name, other identity, or address of a client, patient, or other 270
recipient of professional services if the disclosure would 271
threaten the client, patient, or other recipient of professional 272
services, would reveal details of the subject matter for which 273
legal, medical, or professional advice or other services were 274
sought, or would reveal an otherwise privileged communication 275
involving the client, patient, or other recipient of professional 276
services. Division (A)(2)(a) of this section does not require an 277
attorney, physician, or other professional subject to a 278
confidentiality requirement as described in division (A)(2)(c) of 279
this section to disclose in the brief description of the nature 280
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of services required by division (A)(2)(a) of this section any 281
information pertaining to specific professional services rendered 282
for a client, patient, or other recipient of professional 283
services that would reveal details of the subject matter for 284
which legal, medical, or professional advice was sought or would 285
reveal an otherwise privileged communication involving the 286
client, patient, or other recipient of professional services. 287
(3) The name of every corporation on file with the 289
secretary of state that is incorporated in Ohio or holds a 290
certificate of compliance authorizing it to do business in this 291
state, trust, business trust, partnership, or association that 292
transacts business in Ohio in which the person filing the 293
statement or any other person for the person's use and benefit 295
had during the preceding calendar year an investment of over one 296
thousand dollars at fair market value as of the thirty-first day 297
of December of the preceding calendar year, or the date of 298
disposition, whichever is earlier, or in which the person holds 299
any office or has a fiduciary relationship, and a description of 300
the nature of the investment, office, or relationship. This 301
division does not require disclosure of the name of any bank, 302
savings and loan association, credit union, or building and loan 303
association with which the person filing the statement has a 304
deposit or a withdrawable share account. 305
(4) All fee simple and leasehold interests to which the 307
person filing the statement holds legal title to or a beneficial 308
interest in real property located within the state, excluding the 309
person's residence and property used primarily for personal 310
recreation; 311
(5) The names of all persons residing or transacting 313
business in the state to whom the person filing the statement 314
owes, in the person's own name or in the name of any other 315
person, more than one thousand dollars. This division shall not 317
be construed to require the disclosure of debts owed by the 318
person resulting from the ordinary conduct of a business or 319
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profession or debts on the person's residence or real property 320
used primarily for personal recreation, except that the 321
superintendent of financial institutions shall disclose the names 323
of all state-chartered savings and loan associations and of all 325
service corporations subject to regulation under division (E)(2) 326
of section 1151.34 of the Revised Code to whom the superintendent 327
in the superintendent's own name or in the name of any other 328
person owes any money, and that the superintendent and any deputy 330
superintendent of banks shall disclose the names of all 331
state-chartered banks and all bank subsidiary corporations 332
subject to regulation under section 1109.44 of the Revised Code 333
to whom the superintendent or deputy superintendent owes any 334
money.
(6) The names of all persons residing or transacting 336
business in the state, other than a depository excluded under 337
division (A)(3) of this section, who owes more than one thousand 338
dollars to the person filing the statement, either in the 339
person's own name or to any person for the person's use or 341
benefit. This division shall not be construed to require the 343
disclosure of clients of attorneys or persons licensed under 344
section 4732.12 or 4732.15 of the Revised Code, or patients of 345
persons certified under section 4731.14 of the Revised Code, nor 346
the disclosure of debts owed to the person resulting from the 347
ordinary conduct of a business or profession. 348
(7) Except as otherwise provided in section 102.022 of the 350
Revised Code, the source of each gift of over seventy-five 351
dollars, or of each gift of over twenty-five dollars received by 352
a member of the general assembly from a legislative agent, 353
received by the person in the person's own name or by any other 355
person for the person's use or benefit during the preceding 356
calendar year, except gifts received by will or by virtue of 358
section 2105.06 of the Revised Code, or received from spouses, 359
parents, grandparents, children, grandchildren, siblings, 360
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 361
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sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 362
any person to whom the person filing the statement stands in loco 363
parentis, or received by way of distribution from any inter vivos 364
or testamentary trust established by a spouse or by an ancestor; 365
(8) Except as otherwise provided in section 102.022 of the 367
Revised Code, identification of the source and amount of every 368
payment of expenses incurred for travel to destinations inside or 369
outside this state that is received by the person in the person's 371
own name or by any other person for the person's use or benefit 372
and that is incurred in connection with the person's official 374
duties except for expenses for travel to meetings or conventions 375
of a national or state organization to which either house of the 376
general assembly, any legislative agency, a state institution of 377
higher education as defined in section 3345.031 of the Revised 378
Code, any other state agency, or any political subdivision or any 379
office or agency of a political subdivision pays membership dues. 380
(9) Except as otherwise provided in section 102.022 of the 382
Revised Code, identification of the source of payment of expenses 383
for meals and other food and beverages, other than for meals and 384
other food and beverages provided at a meeting at which the 385
person participated in a panel, seminar, or speaking engagement 386
or at a meeting or convention of a national or state organization 387
to which either house of the general assembly, any legislative 388
agency, a state institution of higher education as defined in 389
section 3345.031 of the Revised Code, any other state agency, or 390
any political subdivision or any office or agency of a political 391
subdivision pays membership dues, that are incurred in connection 392
with the person's official duties and that exceed one hundred 393
dollars aggregated per calendar year; 394
(10) If the financial disclosure statement is filed by a 396
public official or employee described in division (B)(2) of 397
section 101.73 of the Revised Code or division (B)(2) of section 398
121.63 of the Revised Code who receives a statement from a 399
legislative agent, executive agency lobbyist, or employer that 400
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contains the information described in division (F)(2) of section 401
101.73 of the Revised Code or division (G)(2) of section 121.63 402
of the Revised Code, all of the nondisputed information contained 403
in the statement delivered to that public official or employee by 404
the legislative agent, executive agency lobbyist, or employer 405
under division (F)(2) of section 101.73 or (G)(2) of section 406
121.63 of the Revised Code. As used in division (A)(10) of this 407
section, "legislative agent," "executive agency lobbyist," and 408
"employer" have the same meanings as in sections 101.70 and 409
121.60 of the Revised Code. 410
A person may file a statement required by this section in 412
person or by mail. A person who is a candidate for elective 413
office shall file the statement no later than the thirtieth day 415
before the primary, special, or general election at which such 416
candidacy is to be voted on, whichever election occurs sooner, 417
except a person who is a write-in candidate shall file the 418
statement no later than the twentieth day before the earliest 419
election at which the person's candidacy is to be voted on. A 421
person who holds elective office shall file the statement on or 422
before the fifteenth day of April of each year, unless the person 424
is a candidate for office. A person who is appointed to fill a 426
vacancy for an unexpired term in an elective office shall file 427
the statement within fifteen days after the person qualifies for 429
office. Other persons shall file an annual statement on or 431
before the fifteenth day of April or, if appointed or employed 432
after that date, within ninety days after appointment or 433
employment. No person shall be required to file with the 434
appropriate ethics commission more than one statement or pay more 435
than one filing fee for any one calendar year. 436
The appropriate ethics commission, for good cause, may 438
extend for a reasonable time the deadline for filing a disclosure 439
statement under this section. 440
A statement filed under this section is subject to public 442
inspection at locations designated by the appropriate ethics 443
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commission except as otherwise provided in this section. 444
(B) The Ohio ethics commission, the joint legislative 446
ethics committee, and the board of commissioners on grievances 447
and discipline of the supreme court, using the rule-making 448
procedures of Chapter 119. of the Revised Code, may require any 449
class of public officials or employees under its jurisdiction and 450
not specifically excluded by this section whose positions involve 451
a substantial and material exercise of administrative discretion 452
in the formulation of public policy, expenditure of public funds, 453
enforcement of laws and rules of the state or a county or city, 454
or the execution of other public trusts, to file an annual 455
statement on or before the fifteenth day of April under division 456
(A) of this section. The appropriate ethics commission shall 457
send the public officials or employees written notice of the 458
requirement by the fifteenth day of February of each year the 459
filing is required, unless the public official or employee is 460
appointed after that date, in which case the notice shall be sent 461
within thirty days after appointment, and the filing shall be 462
made not later than ninety days after appointment. 463
Disclosure statements filed under this division with the 465
Ohio ethics commission by members of boards, commissions, or 466
bureaus of the state for which no compensation is received other 467
than reasonable and necessary expenses shall be kept 468
confidential. Disclosure statements filed with the Ohio ethics 470
commission under division (A) of this section by business 471
managers, treasurers, and superintendents of city, local, 472
exempted village, joint vocational, or cooperative education 473
school districts or educational service centers shall be kept 474
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 475
of the Revised Code may examine the disclosure statement of any 476
business manager, treasurer, or superintendent of that school 477
district or educational service center. The Ohio ethics 478
commission shall examine each disclosure statement required to be 479
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kept confidential to determine whether a potential conflict of 480
interest exists for the person who filed the disclosure 481
statement. A potential conflict of interest exists if the 482
private interests of the person, as indicated by the person's 483
disclosure statement, might interfere with the public interests 485
the person is required to serve in the exercise of the person's 486
authority and duties in the person's office or position of 487
employment. If the commission determines that a potential 488
conflict of interest exists, it shall notify the person who filed 489
the disclosure statement and shall make the portions of the 490
disclosure statement that indicate a potential conflict of 491
interest subject to public inspection in the same manner as is 492
provided for other disclosure statements. Any portion of the 493
disclosure statement that the commission determines does not 494
indicate a potential conflict of interest shall be kept 495
confidential by the commission and shall not be made subject to 496
public inspection, except as is necessary for the enforcement of 497
Chapters 102. and 2921. of the Revised Code and except as 498
otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before 500
the applicable filing deadline under this section, a statement 501
that is required by this section. 502
(D) No person shall knowingly file a false statement that 504
is required to be filed under this section. 505
(E)(1) Except as provided in divisions (E)(2) and (3) of 507
this section, on and after March 2, 1994, the statement required 508
by division (A) or (B) of this section shall be accompanied by a 510
filing fee of twenty-five dollars. 511
(2) The statement required by division (A) of this section 513
shall be accompanied by a filing fee to be paid by the person who 514
is elected or appointed to or is a candidate for any of the 515
following offices: 516
For state office, except member of 518
state board of education $50 519
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For office of member of United States 520
congress or member of general assembly $25 521
For county office $25 522
For office of member of state board 523
of education $10 524
For office of member of city, local, 525
exempted village, or cooperative 526
education board of 527
education or educational service 528
center governing board $ 5 529
For position of business manager, 530
treasurer, or superintendent of 531
city, local, exempted village, joint 532
vocational, or cooperative education 533
school district or 534
educational service center $ 5 535
(3) No judge of a court of record or candidate for judge 537
of such a court, and no referee or magistrate serving a court of 538
record, shall be required to pay the fee required under division 539
(E)(1) or (2), or (F) of this section. 540
(4) For any public official who is appointed to a 542
nonelective office of the state and for any employee who holds a 543
nonelective position in a public agency of the state, the state 544
agency that is the primary employer of the state official or 545
employee shall pay the fee required under division (E)(1) or (F) 546
of this section. 547
(F) If a statement required to be filed under this section 549
is not filed by the date on which it is required to be filed, the 550
appropriate ethics commission shall assess the person required to 551
file the statement a late filing fee equal to one-half of the 552
applicable filing fee for each day the statement is not filed, 553
except that the total amount of the late filing fee shall not 554
exceed one hundred dollars. 555
(G)(1) The appropriate ethics commission other than the 557
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Ohio ethics commission shall deposit all fees it receives under 558
divisions (E) and (F) of this section into the general revenue 559
fund of the state. 560
(2) The Ohio ethics commission shall deposit all fees it 562
receives under divisions (E) and (F) of this section and all 563
moneys it receives from settlements under division (G) of section 564
102.06 of the Revised Code into the Ohio ethics commission fund, 565
which is hereby created in the state treasury. All moneys 566
credited to the fund shall be used solely for expenses related to 567
the operation of the commission. 568
(H) Division (A) of this section does not apply to a 570
person elected or appointed to the office of precinct, ward, or 571
district committee member under Chapter 3517. of the Revised 572
Code; a presidential elector; a delegate to a national 573
convention; village or township officials and employees; any 574
physician or psychiatrist who is paid a salary or wage in 575
accordance with schedule C of section 124.15 or schedule E-2 of 576
section 124.152 of the Revised Code and whose primary duties do 577
not require the exercise of administrative discretion; or any 578
member of a board, commission, or bureau of any county or city 579
who receives less than one thousand dollars per year for serving 580
in that position. 581
Sec. 102.022. Each person who is an officer or employee of 590
a political subdivision, who receives compensation of less than 591
sixteen thousand dollars a year for holding an office or position 592
of employment with that political subdivision, and who is 593
required to file a statement under section 102.02 of the Revised 594
Code, and each member of the board of trustees of a state 595
institution of higher education as defined in section 3345.031 596
3345.011 of the Revised Code who is required to file a statement 598
under section 102.02 of the Revised Code, shall include in that 599
statement, in place of the information required by divisions 600
(A)(2), (7), (8), and (9) of that section, the following 601
information: 602
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(A) Exclusive of reasonable expenses, identification of 604
every source of income over five hundred dollars received during 605
the preceding calendar year, in his THE OFFICER'S OR EMPLOYEE'S 606
own name or by any other person for his THE OFFICER'S OR 608
EMPLOYEE'S use or benefit, by the person filing the statement, 610
and a brief description of the nature of the services for which 611
the income was received. This division shall not be construed to 612
require the disclosure of clients of attorneys or persons 613
licensed under section 4732.12 or 4732.15 of the Revised Code or 614
patients of persons certified under section 4731.14 of the 615
Revised Code. This division shall not be construed to require a 616
person filing the statement who derives income from a business or 617
profession to disclose the individual items of income that 618
constitute the gross income of the business or profession.
(B) The source of each gift of over five hundred dollars 620
received by the person in his THE OFFICER'S OR EMPLOYEE'S own 621
name or by any other person for his THE OFFICER'S OR EMPLOYEE'S 623
use or benefit during the preceding calendar year, except gifts 625
received by will or by virtue of section 2105.06 of the Revised 626
Code, received from parents, grandparents, children,
grandchildren, siblings, nephews, nieces, uncles, aunts, 627
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 628
fathers-in-law, mothers-in-law, or any person to whom the person 629
filing the statement stands in loco parentis, or received by way 630
of distribution from any inter vivos or testamentary trust 631
established by a spouse or by an ancestor. 632
Sec. 102.03. (A)(1) No present or former public official 641
or employee shall, during public employment or service or for 642
twelve months thereafter, represent a client or act in a 643
representative capacity for any person on any matter in which the 644
public official or employee personally participated as a public 645
official or employee through decision, approval, disapproval, 646
recommendation, the rendering of advice, investigation, or other 647
substantial exercise of administrative discretion. 648
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(2) For twenty-four months after the conclusion of 650
service, no former commissioner or attorney examiner of the 651
public utilities commission shall represent a public utility, as 652
defined in section 4905.02 of the Revised Code, or act in a 653
representative capacity on behalf of such a utility before any 654
state board, commission, or agency. 655
(3) For twenty-four months after the conclusion of 657
employment or service, no former public official or employee who 658
personally participated as a public official or employee through 659
decision, approval, disapproval, recommendation, the rendering of 660
advice, the development or adoption of solid waste management 661
plans, investigation, inspection, or other substantial exercise 662
of administrative discretion under Chapter 343. or 3734. of the 663
Revised Code shall represent a person who is the owner or 664
operator of a facility, as defined in section 3734.01 of the 665
Revised Code, or who is an applicant for a permit or license for 666
a facility under that chapter, on any matter in which the public 667
official or employee personally participated as a public official 668
or employee.
(4) For a period of one year after the conclusion of 670
employment or service as a member or employee of the general 671
assembly, no former member or employee of the general assembly 672
shall represent, or act in a representative capacity for, any 673
person on any matter before the general assembly, any committee 674
of the general assembly, or the controlling board. Division 675
(A)(4) of this section does not apply to or affect a person who 676
separates from service with the general assembly on or before 677
December 31, 1995. As used in division (A)(4) of this section 678
"person" does not include any state agency or political 679
subdivision of the state. 680
(5) As used in divisions (A)(1), (2), and (3) of this 682
section, "matter" includes any case, proceeding, application, 683
determination, issue, or question, but does not include the 684
proposal, consideration, or enactment of statutes, rules, 685
18
ordinances, resolutions, or charter or constitutional amendments. 686
As used in division (A)(4) of this section, "matter" includes the 687
proposal, consideration, or enactment of statutes, resolutions, 688
or constitutional amendments. As used in division (A) of this 689
section, "represent" includes any formal or informal appearance 690
before, or any written or oral communication with, any public 691
agency on behalf of any person. 692
(6) Nothing contained in division (A) of this section 694
shall prohibit, during such period, a former public official or 695
employee from being retained or employed to represent, assist, or 696
act in a representative capacity for the public agency by which 697
the public official or employee was employed or on which the 699
public official or employee served.
(7) Division (A) of this section shall not be construed to 701
prohibit the performance of ministerial functions, including, but 702
not limited to, the filing or amendment of tax returns, 703
applications for permits and licenses, incorporation papers, and 704
other similar documents. 705
(B) No present or former public official or employee shall 707
disclose or use, without appropriate authorization, any 708
information acquired by the public official or employee in the 709
course of the public official's or employee's official duties 710
that is confidential because of statutory provisions, or that has 712
been clearly designated to the public official or employee as
confidential when that confidential designation is warranted 714
because of the status of the proceedings or the circumstances 715
under which the information was received and preserving its 716
confidentiality is necessary to the proper conduct of government 717
business.
(C) No public official or employee shall participate 719
within the scope of duties as a public official or employee, 720
except through ministerial functions as defined in division (A) 721
of this section, in any license or rate-making proceeding that 722
directly affects the license or rates of any person, partnership, 723
19
trust, business trust, corporation, or association in which the 724
public official or employee or immediate family owns or controls 726
more than five per cent. No public official or employee shall 727
participate within the scope of duties as a public official or 728
employee, except through ministerial functions as defined in 729
division (A) of this section, in any license or rate-making 730
proceeding that directly affects the license or rates of any 731
person to whom the public official or employee or immediate 732
family, or a partnership, trust, business trust, corporation, or 733
association of which the public official or employee or the 734
public official's or employee's immediate family owns or controls 735
more than five per cent, has sold goods or services totaling more 736
than one thousand dollars during the preceding year, unless the 737
public official or employee has filed a written statement 738
acknowledging that sale with the clerk or secretary of the public 739
agency and the statement is entered in any public record of the 740
agency's proceedings. This division shall not be construed to 741
require the disclosure of clients of attorneys or persons 742
licensed under section 4732.12 or 4732.15 of the Revised Code, or 743
patients of persons certified under section 4731.14 of the 744
Revised Code.
(D) No public official or employee shall use or authorize 746
the use of the authority or influence of office or employment to 748
secure anything of value or the promise or offer of anything of 749
value that is of such a character as to manifest a substantial
and improper influence upon the public official or employee with 750
respect to that person's duties. 751
(E) No public official or employee shall solicit or accept 753
anything of value that is of such a character as to manifest a 754
substantial and improper influence upon the public official or 755
employee with respect to that person's duties. 756
(F) No person shall promise or give to a public official 758
or employee anything of value that is of such a character as to 759
manifest a substantial and improper influence upon the public 760
20
official or employee with respect to that person's duties. 762
(G) In the absence of bribery or another offense under the 764
Revised Code or a purpose to defraud, contributions made to a 765
campaign committee, political party, legislative campaign fund, 767
or political action committee on behalf of an elected public 768
officer or other public official or employee who seeks elective 769
office shall be considered to accrue ordinarily to the public 770
official or employee for the purposes of divisions (D), (E), and 771
(F) of this section.
As used in this division, "contributions," "campaign 773
committee," "political party," "legislative campaign fund," and 774
"political action committee" have the same meanings as in section 775
3517.01 of the Revised Code. 776
(H) No public official or employee, except for the 778
president or other chief administrative officer of or a member of 779
a board of trustees of a state institution of higher education as 780
defined in section 3345.031 3345.011 of the Revised Code, who is 782
required to file a financial disclosure statement under section 783
102.02 of the Revised Code shall solicit or accept, and no person 784
shall give to that public official or employee, an honorarium. 785
This division and divisions (D), (E), and (F) of this section do 786
not prohibit a public official or employee who is required to 787
file a financial disclosure statement under section 102.02 of the 788
Revised Code from accepting and do not prohibit a person from 789
giving to that public official or employee the payment of actual 790
travel expenses, including any expenses incurred in connection 791
with the travel for lodging, and meals, food, and beverages 792
provided to the public official or employee at a meeting at which 793
the public official or employee participates in a panel, seminar, 794
or speaking engagement or provided to the public official or 795
employee at a meeting or convention of a national organization to 796
which either house of the general assembly, any legislative 797
agency, or any other state agency pays membership dues. This 798
division and divisions (D), (E), and (F) of this section do not 799
21
prohibit a public official or employee who is not required to 800
file a financial disclosure statement under section 102.02 of the 801
Revised Code from accepting and do not prohibit a person from 802
promising or giving to that public official or employee an 803
honorarium or the payment of travel, meal, and lodging expenses 804
if the honorarium, expenses, or both were paid in recognition of 806
demonstrable business, professional, or esthetic interests of the 807
public official or employee that exist apart from public office 808
or employment, including, but not limited to, such a demonstrable 809
interest in public speaking and were not paid by any person or 810
other entity, or by any representative or association of those 811
persons or entities, that is regulated by, doing business with, 812
or seeking to do business with the department, division, 813
institution, board, commission, authority, bureau, or other 814
instrumentality of the governmental entity with which the public 815
official or employee serves.
(I) A public official or employee may accept travel, 817
meals, and lodging or expenses or reimbursement of expenses for 818
travel, meals, and lodging in connection with conferences, 819
seminars, and similar events related to official duties if the 821
travel, meals, and lodging, expenses, or reimbursement is not of 822
such a character as to manifest a substantial and improper
influence upon the public official or employee with respect to 823
that person's duties. The house of representatives and senate, 825
in their code of ethics, and the Ohio ethics commission, under 826
section 111.15 of the Revised Code, may adopt rules setting 827
standards and conditions for the furnishing and acceptance of 828
such travel, meals, and lodging, expenses, or reimbursement. 829
A person who acts in compliance with this division and any 831
applicable rules adopted under it, or any applicable, similar 832
rules adopted by the supreme court governing judicial officers 833
and employees, does not violate division (D), (E), or (F) of this 834
section. This division does not preclude any person from seeking 835
an advisory opinion from the appropriate ethics commission under 836
22
section 102.08 of the Revised Code. 837
(J) For purposes of divisions (D), (E), and (F) of this 839
section, the membership of a public official or employee in an 840
organization shall not be considered, in and of itself, to be of 841
such a character as to manifest a substantial and improper 842
influence on the public official or employee with respect to that 844
person's duties. As used in this division, "organization" means 845
a church or a religious, benevolent, fraternal, or professional 846
organization that is tax exempt under subsection 501(a) and 847
described in subsection 501(c)(3), (4), (8), (10), or (19) of the 848
"Internal Revenue Code of 1986." This division does not apply to 849
a public official or employee who is an employee of an 850
organization, serves as a trustee, director, or officer of an 851
organization, or otherwise holds a fiduciary relationship with an 852
organization. This division does not allow a public official or 853
employee who is a member of an organization to participate, 854
formally or informally, in deliberations, discussions, or voting 855
on a matter or to use his official position with regard to the 856
interests of the organization on the matter if the public 857
official or employee has assumed a particular responsibility in 859
the organization with respect to the matter or if the matter 860
would affect that person's personal, pecuniary interests. 861
(K) It is not a violation of this section for a 863
prosecuting attorney to appoint assistants and employees in 864
accordance with division (B) of section 309.06 and section 865
2921.421 of the Revised Code, for a chief legal officer of a 866
municipal corporation or an official designated as prosecutor in 867
a municipal corporation to appoint assistants and employees in 868
accordance with sections 733.621 and 2921.421 of the Revised 869
Code, for a township law director appointed under section 504.15 870
of the Revised Code to appoint assistants and employees in 872
accordance with sections 504.151 and 2921.421 of the Revised
Code, or for a coroner to appoint assistants and employees in 873
accordance with division (B) of section 313.05 of the Revised 874
23
Code.
As used in this division, "chief legal officer" has the 876
same meaning as in section 733.621 of the Revised Code. 877
Sec. 126.21. The director of budget and management shall: 886
(A) Keep all necessary accounting records; 888
(B) Prescribe and maintain the accounting system of the 890
state and establish appropriate accounting procedures and charts 891
of accounts; 892
(C) Reconcile, in the case of any variation between the 894
amount of any appropriation and the aggregate amount of items 895
thereof, with the advice and assistance of the state agency 896
affected thereby and the legislative budget office of the 897
legislative service commission, totals so as to correspond in the 898
aggregate with the total appropriation. In the case of a 899
conflict between the item and the total of which it is a part, 900
the item shall be considered the intended appropriation. 901
(D) Evaluate on an ongoing basis and, if necessary, 903
recommend improvements to the internal controls used in state 904
agencies; 905
(E) Authorize the establishment of petty cash accounts. 907
The director of budget and management may withdraw approval for 908
any petty cash account and require the officer in charge to 909
return to the state treasury any unexpended balance shown by his 910
THE OFFICER'S accounts to be on hand. Any officer who is issued 911
a warrant for petty cash shall render a detailed account of the 913
expenditures of such petty cash and shall report when requested 914
the balance of petty cash on hand at any time. 915
(F) Process orders, invoices, vouchers, claims, and 917
payrolls and prepare financial reports and statements; 918
(G) Perform such extensions, reviews, and compliance 920
checks prior to approving a payment as he THE DIRECTOR considers 921
necessary; 922
(H) Issue the official comprehensive annual financial 924
report of the state. The report shall cover all funds and 925
24
account groups of the state reporting entity and shall include 926
general purpose financial statements prepared in accordance with 927
generally accepted accounting principles and such other 928
information as the director provides. All state agencies, 929
authorities, institutions, offices, retirement systems, and other 930
component units of the state reporting entity as determined by 931
the director shall furnish the director whatever financial 932
statements and other information he THE DIRECTOR requests for the 934
report, in such form, at such times, covering such periods, and 935
with such attestation as he THE DIRECTOR prescribes. The 936
information for state institutions of higher education, as such 938
term is defined in section 3345.031 3345.011 of the Revised Code, 939
shall be submitted to the director by the Ohio board of regents. 941
The board shall establish a due date by which each such 942
institution shall submit the information to the board, but no 943
such date shall be later than one hundred twenty days after the 944
end of the state fiscal year unless a later date is approved by 945
the director.
Sec. 2907.03. (A) No person shall engage in sexual 954
conduct with another, not the spouse of the offender, when any of 955
the following apply: 956
(1) The offender knowingly coerces the other person to 958
submit by any means that would prevent resistance by a person of 959
ordinary resolution. 960
(2) The offender knows that the other person's ability to 962
appraise the nature of or control his or her THE OTHER PERSON'S 963
own conduct is substantially impaired. 965
(3) The offender knows that the other person submits 967
because he or she THE OTHER PERSON is unaware that the act is 968
being committed. 969
(4) The offender knows that the other person submits 971
because the other person mistakenly identifies the offender as 972
his or her THE OTHER PERSON'S spouse. 974
(5) The offender is the other person's natural or adoptive 976
25
parent, or a stepparent, or guardian, custodian, or person in 977
loco parentis of the other person. 978
(6) The other person is in custody of law or a patient in 980
a hospital or other institution, and the offender has supervisory 981
or disciplinary authority over the other person. 982
(7) The offender is a teacher, administrator, coach, or 984
other person in authority employed by or serving in a school for 985
which the state board of education prescribes minimum standards 986
pursuant to division (D) of section 3301.07 of the Revised Code, 987
the other person is enrolled in or attends that school, and the 988
offender is not enrolled in and does not attend that school. 990
(8) The other person is a minor, the offender is a 992
teacher, administrator, coach, or other person in authority 993
employed by or serving in an institution of higher education, and 994
the other person is enrolled in or attends that institution. 996
(9) The other person is a minor, and the offender is the 998
other person's athletic or other type of coach, is the other 999
person's instructor, is the leader of a scouting troop of which 1,000
the other person is a member, or is a person with temporary or 1,001
occasional disciplinary control over the other person. 1,002
(B) Whoever violates this section is guilty of sexual 1,004
battery. A violation of division (A)(1), (5), (6), (7), (8), or 1,006
(9) of this section is a felony of the third degree. A violation 1,007
of division (A)(2), (3), or (4) of this section is a felony of 1,008
the fourth degree.
(C) As used in this section, "institution of higher 1,010
education" means a state institution of higher education defined 1,011
in section 3345.031 3345.011 of the Revised Code, a private 1,013
nonprofit college or university located in this state that
possesses a certificate of authorization issued by the Ohio board 1,014
of regents pursuant to Chapter 1713. of the Revised Code, or a 1,015
school certified under Chapter 3332. of the Revised Code. 1,016
Sec. 3333.045. AS USED IN THIS SECTION, "STATE UNIVERSITY 1,018
OR COLLEGE" MEANS ANY STATE UNIVERSITY LISTED IN SECTION 3345.011 1,020
26
OF THE REVISED CODE, THE NORTHEASTERN OHIO UNIVERSITIES COLLEGE 1,021
OF MEDICINE, THE MEDICAL COLLEGE OF OHIO AT TOLEDO, ANY COMMUNITY 1,022
COLLEGE UNDER CHAPTER 3354. OF THE REVISED CODE, ANY UNIVERSITY 1,024
BRANCH DISTRICT UNDER CHAPTER 3355. OF THE REVISED CODE, ANY 1,027
TECHNICAL COLLEGE UNDER CHAPTER 3357. OF THE REVISED CODE, AND 1,030
ANY STATE COMMUNITY COLLEGE UNDER CHAPTER 3358. OF THE REVISED 1,033
CODE.
THE OHIO BOARD OF REGENTS SHALL WORK WITH THE ATTORNEY 1,036
GENERAL, THE AUDITOR OF STATE, AND THE OHIO ETHICS COMMISSION TO 1,038
DEVELOP A MODEL FOR TRAINING MEMBERS OF THE BOARDS OF TRUSTEES OF 1,039
ALL STATE UNIVERSITIES AND COLLEGES AND MEMBERS OF THE BOARD OF 1,040
REGENTS REGARDING THE AUTHORITY AND RESPONSIBILITIES OF A BOARD 1,041
OF TRUSTEES OR THE BOARD OF REGENTS. THIS MODEL SHALL INCLUDE A 1,042
REVIEW OF FIDUCIARY RESPONSIBILITIES, ETHICS, AND FISCAL 1,043
MANAGEMENT. USE OF THIS MODEL BY MEMBERS OF BOARDS OF TRUSTEES 1,045
AND THE BOARD OF REGENTS SHALL BE VOLUNTARY.
THIS SECTION DOES NOT APPLY TO THE THREE MEMBERS OF THE 1,047
BOARD OF TRUSTEES OF THE NORTHEASTERN OHIO UNIVERSITIES COLLEGE 1,049
OF MEDICINE WHO ARE PRESIDENTS OF STATE UNIVERSITIES. 1,050
Sec. 3345.011. "State university" means a public 1,059
institution of higher education which is a body politic and 1,060
corporate. Each of the following institutions of higher 1,061
education shall be recognized as a state university: university 1,062
of Akron, Bowling Green state university, Central state
university, university of Cincinnati, Cleveland state university, 1,063
Kent state university, Miami university, Ohio university, Ohio 1,064
state university, Shawnee state university, university of Toledo, 1,065
Wright state university, and Youngstown state university. 1,066
"STATE INSTITUTION OF HIGHER EDUCATION" MEANS ANY STATE 1,068
UNIVERSITY OR COLLEGE AS DEFINED IN DIVISION (A)(1) OF SECTION 1,070
3345.12 OF THE REVISED CODE, COMMUNITY COLLEGE, STATE COMMUNITY 1,071
COLLEGE, UNIVERSITY BRANCH ESTABLISHED UNDER CHAPTER 3355. OF THE 1,072
REVISED CODE, OR TECHNICAL COLLEGE.
Sec. 3345.09. For purpose of this section, American sign 1,081
27
language is hereby recognized as a foreign language, and any 1,082
state institution of higher education may offer a course in 1,083
American sign language. An undergraduate student who 1,084
successfully completes a course in American sign language is
entitled to receive credit for that course toward satisfaction of 1,085
an undergraduate foreign language requirement of the state 1,086
institution of higher education where the course is offered. As 1,087
used in this section, "state institution of higher education" has 1,088
the same meaning as in section 3345.031 3345.011 of the Revised 1,091
Code.
Sec. 3345.61. As used in this section and sections 3345.62 1,100
to 3345.66 of the Revised Code: 1,101
(A) "Board of trustees of a state institution of higher 1,103
education" means the board of trustees of a state institution of 1,104
higher education as defined in section 3345.031 3345.011 of the 1,106
Revised Code. 1,107
(B) "Energy conservation measure" means an installation or 1,109
modification of an installation in, or a remodeling of, an 1,110
existing building in order to reduce energy consumption and 1,111
operating costs. The term includes: 1,112
(1) Installation or modification of insulation in the 1,114
building structure and systems within the building; 1,115
(2) Installation or modification of storm windows and 1,117
doors, multiglazed windows and doors, and heat absorbing or heat 1,118
reflective glazed and coated window and door systems; 1,119
installation of additional glazing; reductions in glass area; and 1,120
other window and door system modifications that reduce energy 1,121
consumption and operating costs; 1,122
(3) Installation or modification of automatic energy 1,124
control systems; 1,125
(4) Replacement or modification of heating, ventilating, 1,127
or air conditioning systems; 1,128
(5) Application of caulking and weatherstripping; 1,130
(6) Replacement or modification of lighting fixtures to 1,132
28
increase the energy efficiency of the system without increasing 1,133
the overall illumination of a facility, unless such increase in 1,134
illumination is necessary to conform to the applicable state or 1,135
local building code for the proposed lighting system; 1,136
(7) Installation or modification of energy recovery 1,138
systems; 1,139
(8) Installation or modification of cogeneration systems 1,141
that produce steam or forms of energy such as heat, as well as 1,142
electricity, for use primarily within a building or complex of 1,143
buildings; 1,144
(9) Any other modification, installation, or remodeling 1,146
approved by the board of trustees of a state institution of 1,147
higher education as an energy conservation measure for one or 1,148
more buildings owned by the institution. 1,149
(C) "Energy saving measure" means the acquisition and 1,151
installation, by purchase, lease, lease-purchase, lease with an 1,152
option to buy, or installment purchase, of an energy conservation 1,153
measure and any attendant architectural and engineering 1,154
consulting services. 1,155
Sec. 3345.71. AS USED IN SECTIONS 3345.72 TO 3345.77 OF 1,158
THE REVISED CODE: 1,160
(A) "STATE UNIVERSITY OR COLLEGE" MEANS ANY STATE 1,163
UNIVERSITY LISTED IN SECTION 3345.011 OF THE REVISED CODE, THE 1,165
NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF MEDICINE, THE MEDICAL 1,167
COLLEGE OF OHIO AT TOLEDO, ANY COMMUNITY COLLEGE UNDER CHAPTER 1,170
3354. OF THE REVISED CODE, ANY TECHNICAL COLLEGE UNDER CHAPTER 1,173
3357. OF THE REVISED CODE, AND ANY STATE COMMUNITY COLLEGE UNDER 1,176
CHAPTER 3358. OF THE REVISED CODE. 1,178
(B) "FISCAL WATCH" MEANS THE EXISTENCE OF A FISCAL WATCH 1,181
DECLARED UNDER SECTION 3345.72 OF THE REVISED CODE. 1,183
Sec. 3345.72. (A) THE OHIO BOARD OF REGENTS SHALL ADOPT 1,186
RULES ESTABLISHING ALL OF THE FOLLOWING:
(1) CRITERIA FOR DETERMINING WHEN TO DECLARE A STATE 1,188
UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH, WHICH CRITERIA SHALL 1,189
29
INCLUDE A REQUIREMENT FOR THE SUBMISSION OF A QUARTERLY REPORT 1,190
FROM EACH STATE UNIVERSITY OR COLLEGE, WITHIN THIRTY DAYS AFTER 1,191
THE END OF EACH CALENDAR QUARTER, TO THE BOARD OF REGENTS, THE 1,192
DIRECTOR OF BUDGET AND MANAGEMENT, THE LEGISLATIVE BUDGET OFFICE 1,193
OF THE LEGISLATIVE SERVICE COMMISSION, AND THE CHAIRPERSONS OF 1,194
THE FINANCE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE 1,195
SENATE;
(2) ACTIONS TO BE TAKEN BY THE BOARD OF TRUSTEES OF A 1,197
STATE UNIVERSITY OR COLLEGE WHILE UNDER A FISCAL WATCH; 1,198
(3) CRITERIA FOR DETERMINING WHEN TO DECLARE THE 1,200
TERMINATION OF THE FISCAL WATCH OF A STATE UNIVERSITY OR COLLEGE; 1,202
(4) THE FISCAL INFORMATION TO BE REPORTED TO THE BOARD OF 1,204
REGENTS BY EACH STATE UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH 1,205
FOR PURPOSES OF MAKING DETERMINATIONS UNDER DIVISION (D) OF THIS 1,207
SECTION AND DIVISION (A) OF SECTION 3345.74 OF THE REVISED CODE, 1,210
AND THE FREQUENCY AND DEADLINES FOR REPORTING THIS INFORMATION. 1,211
THE BOARD OF REGENTS SHALL WORK WITH A GROUP THAT INCLUDES 1,213
THE AUDITOR OF STATE, THE DIRECTOR OF BUDGET AND MANAGEMENT, THE 1,214
CHAIRPERSONS AND RANKING MINORITY MEMBERS OF THE HOUSE COMMITTEE 1,215
ON FINANCE AND APPROPRIATIONS AND THE SENATE FINANCE COMMITTEE, 1,216
AND PERSONS REPRESENTATIVE OF AT LEAST TEN STATE UNIVERSITIES AND 1,218
COLLEGES SELECTED BY THE BOARD OF REGENTS, TO DEVELOP RULES UNDER 1,219
THIS DIVISION AND SHALL ADOPT SUCH RULES IN ACCORDANCE WITH 1,220
CHAPTER 119. OF THE REVISED CODE. 1,222
(B) THE BOARD OF REGENTS SHALL ADOPT A RESOLUTION 1,225
DECLARING A STATE UNIVERSITY OR COLLEGE TO BE IN A STATE OF 1,226
FISCAL WATCH IF THE BOARD OF REGENTS DETERMINES THAT THE CRITERIA 1,227
ADOPTED UNDER DIVISION (A)(1) OF THIS SECTION ARE SATISFIED WITH 1,229
RESPECT TO THAT STATE UNIVERSITY OR COLLEGE. FOR PURPOSES OF 1,230
MAKING THIS DETERMINATION, THE BOARD OF REGENTS SHALL ESTABLISH A 1,231
FINANCIAL TRACKING SYSTEM AND SHALL USE THE SYSTEM TO REGULARLY 1,232
ASSESS EACH STATE UNIVERSITY OR COLLEGE WITH RESPECT TO THE
CRITERIA ADOPTED UNDER DIVISION (A)(1) OF THIS SECTION. 1,233
(C) WHILE A STATE UNIVERSITY OR COLLEGE IS UNDER A FISCAL 1,236
30
WATCH, THE BOARD OF TRUSTEES OF THE UNIVERSITY OR COLLEGE SHALL 1,237
TAKE THE ACTIONS AND REPORT THE FISCAL INFORMATION PRESCRIBED 1,238
UNDER DIVISIONS (A)(2) AND (4) OF THIS SECTION. 1,240
(D) THE BOARD OF REGENTS SHALL ADOPT A RESOLUTION 1,243
DECLARING THE TERMINATION OF THE FISCAL WATCH OF A STATE 1,244
UNIVERSITY OR COLLEGE IF THE BOARD OF REGENTS DETERMINES THAT THE 1,245
CRITERIA ADOPTED UNDER DIVISION (A)(3) OF THIS SECTION ARE 1,246
SATISFIED WITH RESPECT TO THAT STATE UNIVERSITY OR COLLEGE. 1,248
(E) IN MAKING ASSESSMENTS AND DETERMINATIONS UNDER 1,250
DIVISION (B) OR (D) OF THIS SECTION, THE BOARD OF REGENTS MAY USE 1,252
FINANCIAL REPORTS REQUIRED UNDER SECTION 3345.05 OF THE REVISED 1,255
CODE OR ANY OTHER DOCUMENTS, RECORDS, OR INFORMATION AVAILABLE TO 1,256
IT OR THE AUDITOR OF STATE RELATED TO THE CRITERIA ADOPTED UNDER 1,257
DIVISION (A)(1) OR (3) OF THIS SECTION. IN MAKING DETERMINATIONS 1,259
UNDER DIVISION (D) OF THIS SECTION, THE BOARD OF REGENTS MAY ALSO 1,261
USE THE FISCAL INFORMATION REPORTED UNDER DIVISION (C) OF THIS 1,262
SECTION. 1,263
(F) THE BOARD OF REGENTS SHALL CERTIFY EACH ACTION TAKEN 1,266
UNDER DIVISION (B) OR (D) OF THIS SECTION TO THE GOVERNOR, THE 1,269
DIRECTOR OF BUDGET AND MANAGEMENT, THE SPEAKER AND MINORITY
LEADER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT AND 1,271
MINORITY LEADER OF THE SENATE, THE LEGISLATIVE BUDGET OFFICE OF 1,272
THE LEGISLATIVE SERVICE COMMISSION, AND THE CHAIRPERSONS AND 1,273
RANKING MINORITY MEMBERS OF THE FINANCE COMMITTEES OF THE HOUSE 1,274
AND SENATE.
(G) A DETERMINATION BY THE BOARD OF REGENTS UNDER THIS 1,277
SECTION THAT A FISCAL WATCH EXISTS OR DOES NOT EXIST, OR THAT A 1,278
FISCAL WATCH IS TERMINATED OR IS NOT TERMINATED, IS FINAL AND 1,279
CONCLUSIVE AND NOT APPEALABLE. 1,280
Sec. 3345.73. THE OHIO BOARD OF REGENTS SHALL ADOPT RULES 1,284
ESTABLISHING THE FOLLOWING:
(A) THE FINANCIAL INDICATORS AND THE STANDARDS FOR USING 1,286
THOSE INDICATORS THAT THE BOARD OF REGENTS IS TO EMPLOY TO 1,287
DETERMINE WHETHER A UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH IS 1,289
31
EXPERIENCING SUFFICIENT FISCAL DIFFICULTIES TO WARRANT APPOINTING 1,290
A CONSERVATOR UNDER SECTION 3345.74 OF THE REVISED CODE; 1,292
(B) THE FINANCIAL INDICATORS AND THE STANDARDS FOR USING 1,294
THOSE INDICATORS THAT A GOVERNANCE AUTHORITY ESTABLISHED FOR A 1,295
STATE UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE REVISED 1,297
CODE IS TO EMPLOY TO DETERMINE WHETHER THE UNIVERSITY OR COLLEGE 1,299
IS EXPERIENCING SUFFICIENT FISCAL STABILITY TO WARRANT 1,300
TERMINATING THAT GOVERNANCE AUTHORITY IN ACCORDANCE WITH SECTION 1,301
3345.76 OF THE REVISED CODE. 1,303
THE BOARD OF REGENTS SHALL WORK WITH A GROUP THAT INCLUDES 1,305
THE AUDITOR OF STATE, THE DIRECTOR OF BUDGET AND MANAGEMENT, THE 1,306
CHAIRPERSONS AND RANKING MINORITY MEMBERS OF THE HOUSE COMMITTEE 1,307
ON FINANCE AND APPROPRIATIONS AND THE SENATE FINANCE COMMITTEE, 1,308
AND PERSONS REPRESENTATIVE OF AT LEAST TEN STATE UNIVERSITIES AND 1,310
COLLEGES SELECTED BY THE BOARD OF REGENTS, TO DEVELOP RULES UNDER 1,311
THIS SECTION AND SHALL ADOPT SUCH RULES IN ACCORDANCE WITH 1,312
CHAPTER 119. OF THE REVISED CODE. 1,314
THE INDICATORS AND STANDARDS ADOPTED UNDER THIS SECTION 1,317
SHALL BE DESIGNED SO AS TO TAKE INTO ACCOUNT AT LEAST THE 1,318
REVENUES, EXPENDITURES, ASSETS, LIABILITIES, AND FUND BALANCES OF 1,319
A STATE UNIVERSITY OR COLLEGE, AND SHALL BE DESIGNED SO AS TO 1,320
INDICATE THE FINANCIAL PERFORMANCE AND POSITION OF A STATE 1,321
UNIVERSITY OR COLLEGE. 1,322
Sec. 3345.74. (A) THE OHIO BOARD OF REGENTS AT LEAST 1,326
ANNUALLY SHALL APPLY THE INDICATORS AND STANDARDS ADOPTED UNDER
DIVISION (A) OF SECTION 3345.73 OF THE REVISED CODE TO DETERMINE 1,329
WHETHER A STATE UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH IS 1,330
EXPERIENCING SUFFICIENT FISCAL DIFFICULTIES TO WARRANT THE 1,331
APPOINTMENT OF A CONSERVATOR UNDER THIS SECTION. UPON MAKING A 1,332
DETERMINATION THAT APPOINTMENT OF A CONSERVATOR IS WARRANTED, THE 1,333
BOARD OF REGENTS SHALL CERTIFY THIS DETERMINATION TO THE 1,334
GOVERNOR.
NOTWITHSTANDING SECTION 3333.021 OF THE REVISED CODE, THAT 1,338
SECTION DOES NOT APPLY TO CERTIFICATION BY THE BOARD OF REGENTS 1,339
32
UNDER THIS SECTION OR TO THE DECLARATION OF A FISCAL WATCH UNDER 1,340
SECTION 3345.72 OF THE REVISED CODE. 1,341
A DETERMINATION BY THE BOARD OF REGENTS UNDER THIS DIVISION 1,344
THAT SUFFICIENT FISCAL DIFFICULTIES EXIST OR DO NOT EXIST TO 1,345
WARRANT APPOINTING A CONSERVATOR IS FINAL AND CONCLUSIVE AND NOT 1,346
APPEALABLE.
(B) THE GOVERNOR MAY APPOINT A CONSERVATOR FOR ANY STATE 1,349
UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH, UPON CERTIFICATION BY 1,350
THE OHIO BOARD OF REGENTS UNDER DIVISION (A) OF THIS SECTION THAT 1,353
THE APPOINTMENT IS WARRANTED. FROM THE TIME A CONSERVATOR IS
APPOINTED UNTIL THE TIME THE GOVERNOR ISSUES AN ORDER TERMINATING 1,354
THE GOVERNANCE AUTHORITY UNDER DIVISION (B) OF SECTION 3345.76 OF 1,355
THE REVISED CODE, THE GOVERNOR MAY REMOVE ANY MEMBER OF THE BOARD 1,356
OF TRUSTEES OF THE STATE UNIVERSITY OR COLLEGE FROM OFFICE AND 1,357
NOT FILL THE VACANCY.
(C) UPON APPOINTMENT OF A CONSERVATOR UNDER THIS SECTION 1,360
FOR A STATE UNIVERSITY OR COLLEGE, ALL OF THE FOLLOWING SHALL 1,361
OCCUR EFFECTIVE IMMEDIATELY: 1,362
(1) ALL DUTIES, RESPONSIBILITIES, AND POWERS OF THE BOARD 1,364
OF TRUSTEES OF THE UNIVERSITY OR COLLEGE ARE SUSPENDED; 1,366
(2) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR 1,368
COLLEGE IS ASSUMED BY THE CONSERVATOR; 1,369
(3) NOTWITHSTANDING ANY SECTION OF THE REVISED CODE, ALL 1,373
DUTIES, RESPONSIBILITIES, AND POWERS ASSIGNED BY LAW TO THE BOARD 1,374
OF TRUSTEES ARE ASSIGNED TO THE CONSERVATOR, AND THE CONSERVATOR 1,376
BECOMES THE SUCCESSOR TO, ASSUMES THE LAWFUL OBLIGATIONS OF, AND 1,377
OTHERWISE CONSTITUTES THE CONTINUATION OF THE BOARD OF TRUSTEES 1,378
FOR PURPOSES OF ALL PENDING LEGAL ACTIONS, CONTRACTS OR OTHER 1,379
AGREEMENTS, AND OBLIGATIONS OF THE UNIVERSITY OR COLLEGE; 1,380
(4) WHEREVER THE BOARD OF TRUSTEES IS REFERRED TO IN ANY 1,382
CONTRACT OR LEGAL DOCUMENT, THE REFERENCE IS DEEMED TO REFER TO 1,384
THE CONSERVATOR. NO VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, 1,385
OBLIGATION, OR LIABILITY IS LOST OR IMPAIRED BY REASON OF THE 1,386
ASSUMPTION OF THE BOARD'S AUTHORITY BY THE CONSERVATOR UNDER THIS 1,387
33
SECTION AND ANY SUCH VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, 1,388
OBLIGATION, OR LIABILITY SHALL BE ADMINISTERED BY THE 1,389
CONSERVATOR. NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE 1,390
DATE OF THE ASSUMPTION BY THE CONSERVATOR OF THE BOARD'S 1,391
AUTHORITY IS AFFECTED BY THAT ASSUMPTION AND ANY SUCH ACTION OR 1,392
PROCEEDING SHALL BE PROSECUTED OR DEFENDED IN THE NAME OF THE 1,393
CONSERVATOR.
(5) THE CONSERVATOR ASSUMES CUSTODY OF ALL EQUIPMENT, 1,395
RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL OR PERSONAL 1,396
OF THE STATE UNIVERSITY OR COLLEGE; 1,397
(6) ALL AUTHORITY AND DUTIES OF THE PRESIDENT OR CHIEF 1,399
EXECUTIVE OFFICER ARE SUSPENDED. 1,400
(D) THE CONSERVATOR FOR A STATE UNIVERSITY OR COLLEGE 1,402
SHALL CONDUCT A PRELIMINARY PERFORMANCE EVALUATION OF THE 1,404
PRESIDENT OR CHIEF EXECUTIVE OFFICER OF THE UNIVERSITY OR COLLEGE 1,405
AND PROVIDE A COPY OF FINDINGS AND ANY RECOMMENDATIONS TO THE 1,407
GOVERNANCE AUTHORITY ESTABLISHED FOR THE UNIVERSITY OR COLLEGE 1,408
UNDER SECTION 3345.75 OF THE REVISED CODE. 1,410
(E) A CONSERVATOR APPOINTED UNDER THIS SECTION SHALL BE 1,412
IMMUNE, INDEMNIFIED, AND HELD HARMLESS FROM CIVIL LIABILITY, 1,413
INCLUDING ANY CAUSE OF ACTION, LEGAL, EQUITABLE, OR OTHERWISE, 1,414
FOR ANY ACTION TAKEN OR DUTIES PERFORMED BY THE CONSERVATOR IN 1,415
GOOD FAITH AND IN FURTHERANCE OF THE PERFORMANCE OF THE DUTIES OF 1,417
THE CONSERVATOR UNDER THIS SECTION.
(F) THE GOVERNOR SHALL SET THE COMPENSATION FOR A 1,420
CONSERVATOR APPOINTED FOR A STATE UNIVERSITY OR COLLEGE. THE 1,421
EXPENSES AND COMPENSATION OF THE CONSERVATOR AND OTHERS EMPLOYED 1,422
BY THE CONSERVATOR SHALL BE PAID OUT OF THE OPERATING FUNDS AND 1,423
REVENUES OF THAT UNIVERSITY OR COLLEGE. 1,424
Sec. 3345.75. (A) NOT LATER THAN THIRTY DAYS AFTER THE 1,427
DATE OF THE APPOINTMENT OF A CONSERVATOR FOR A STATE UNIVERSITY 1,428
OR COLLEGE UNDER SECTION 3345.74 OF THE REVISED CODE, THE 1,430
GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE 1,431
SENATE, A GOVERNANCE AUTHORITY FOR THE UNIVERSITY OR COLLEGE 1,432
34
CONSISTING OF FIVE MEMBERS. THE MEMBERS SHALL SERVE AT THE 1,433
PLEASURE OF THE GOVERNOR AND ANY VACANCIES SHALL BE FILLED IN THE 1,434
SAME MANNER AS AN ORIGINAL APPOINTMENT. 1,435
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE 1,437
GOVERNANCE AUTHORITY AS THE CHAIRPERSON AND SHALL CALL THE FIRST 1,438
MEETING OF THE AUTHORITY. THE CONSERVATORSHIP TERMINATES WHEN 1,439
THE GOVERNANCE AUTHORITY HOLDS THE FIRST MEETING AT WHICH A 1,440
QUORUM IS PRESENT. A MAJORITY OF THE MEMBERS OF A GOVERNANCE 1,442
AUTHORITY CONSTITUTES A QUORUM AND THE AFFIRMATIVE VOTE OF A 1,443
MAJORITY OF A QUORUM SHALL BE NECESSARY FOR ANY ACTION TAKEN BY 1,444
AN AUTHORITY. MEETINGS OF A GOVERNANCE AUTHORITY SHALL BE CALLED 1,445
IN THE MANNER AND AT THE TIMES PRESCRIBED BY THE AUTHORITY, BUT 1,446
THE AUTHORITY SHALL MEET AT LEAST FOUR TIMES ANNUALLY AND AT 1,447
OTHER TIMES NECESSARY FOR THE BEST INTEREST OF THE UNIVERSITY OR 1,448
COLLEGE. A GOVERNANCE AUTHORITY MAY ADOPT PROCEDURES FOR THE 1,449
CONDUCT OF ITS BUSINESS.
THE MEMBERS OF A GOVERNANCE AUTHORITY SHALL NOT RECEIVE 1,451
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE PAID THEIR 1,452
REASONABLE AND NECESSARY EXPENSES WHILE ENGAGED IN THE DISCHARGE 1,453
OF THEIR OFFICIAL DUTIES. 1,454
(B)(1) A GOVERNANCE AUTHORITY ESTABLISHED UNDER THIS 1,457
SECTION SHALL APPOINT AN EXECUTIVE DIRECTOR WHO SHALL SERVE AT 1,458
THE PLEASURE OF THE AUTHORITY AND WITH THE COMPENSATION AND OTHER 1,459
TERMS AND CONDITIONS ESTABLISHED BY IT. WITH THE APPROVAL OF THE 1,460
CHAIRPERSON OF THE AUTHORITY, THE EXECUTIVE DIRECTOR MAY APPOINT 1,461
ADDITIONAL PERSONNEL AS THE DIRECTOR CONSIDERS APPROPRIATE. THE 1,462
EXECUTIVE DIRECTOR SHALL OVERSEE THE DAY-TO-DAY OPERATION OF THE 1,463
UNIVERSITY OR COLLEGE UNDER THE DIRECTION AND SUPERVISION OF THE 1,464
AUTHORITY. 1,465
(2) THE GOVERNANCE AUTHORITY SHALL CONDUCT A FINAL 1,467
PERFORMANCE EVALUATION OF THE PRESIDENT OR CHIEF EXECUTIVE 1,468
OFFICER OF THE UNIVERSITY OR COLLEGE. FOLLOWING THE EVALUATION, 1,469
THE GOVERNANCE AUTHORITY MAY REINSTATE ANY DUTIES OR AUTHORITY 1,471
PREVIOUSLY SUSPENDED UNDER DIVISION (C)(6) OF SECTION 3345.74 OF 1,473
35
THE REVISED CODE, OR MAY TERMINATE THE PRESIDENT OR CHIEF
EXECUTIVE OFFICER IN ACCORDANCE WITH THE TERMS OF THE PERSON'S 1,474
EMPLOYMENT CONTRACT.
(C) UPON APPOINTMENT OF ALL MEMBERS OF A GOVERNANCE 1,477
AUTHORITY UNDER THIS SECTION AND UPON THE EFFECTIVE DATE FOR THE 1,478
COMMENCEMENT OF THE DUTIES OF THE EXECUTIVE DIRECTOR APPOINTED BY 1,480
THAT AUTHORITY UNDER THIS SECTION, ALL AUTHORITY,
RESPONSIBILITIES, DUTIES, AND REFERENCES ASSUMED BY OR CONFERRED 1,481
UPON THE CONSERVATOR UNDER DIVISIONS (C)(2) TO (6) OF SECTION 1,484
3345.74 OF THE REVISED CODE TERMINATE AND ALL OF THE FOLLOWING 1,486
SHALL OCCUR, EFFECTIVE IMMEDIATELY:
(1) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR 1,488
COLLEGE IS ASSUMED BY THE GOVERNANCE AUTHORITY; 1,489
(2) NOTWITHSTANDING ANY SECTION OF THE REVISED CODE, ALL 1,493
DUTIES, RESPONSIBILITIES, AND POWERS ASSIGNED BY LAW TO THE BOARD 1,494
OF TRUSTEES OR TO THE CONSERVATOR ARE ASSIGNED TO THE GOVERNANCE 1,495
AUTHORITY AND THE GOVERNANCE AUTHORITY BECOMES THE SUCCESSOR TO, 1,496
ASSUMES THE LAWFUL OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE 1,497
CONTINUATION OF THE BOARD OF TRUSTEES AND THE CONSERVATOR FOR 1,498
PURPOSES OF ALL PENDING LEGAL ACTIONS, CONTRACTS OR OTHER 1,499
AGREEMENTS, AND OBLIGATIONS OF THE UNIVERSITY OR COLLEGE; 1,500
(3) WHEREVER THE BOARD OF TRUSTEES OR CONSERVATOR IS 1,502
REFERRED TO IN ANY CONTRACT OR LEGAL DOCUMENT, THE REFERENCE IS 1,504
DEEMED TO REFER TO THE GOVERNANCE AUTHORITY. NO VALIDATION, 1,505
CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY IS LOST 1,506
OR IMPAIRED BY REASON OF THE ASSUMPTION OF THE AUTHORITY OF THE 1,507
BOARD OF TRUSTEES AND THE CONSERVATOR BY THE GOVERNANCE AUTHORITY 1,508
UNDER THIS SECTION AND ANY SUCH VALIDATION, CURE, RIGHT, 1,509
PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY SHALL BE ADMINISTERED 1,510
BY THE GOVERNANCE AUTHORITY. NO ACTION OR PROCEEDING PENDING ON 1,511
THE EFFECTIVE DATE OF THE ASSUMPTION BY THE GOVERNANCE AUTHORITY 1,512
OF THE AUTHORITY OF THE BOARD OF TRUSTEES AND THE CONSERVATOR IS 1,513
AFFECTED BY THAT ASSUMPTION AND ANY SUCH ACTION OR PROCEEDING 1,514
SHALL BE PROSECUTED OR DEFENDED IN THE NAME OF THE GOVERNANCE 1,515
36
AUTHORITY.
(4) THE GOVERNANCE AUTHORITY ASSUMES CUSTODY OF ALL 1,517
EQUIPMENT, RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL 1,518
OR PERSONAL OF THE STATE UNIVERSITY OR COLLEGE. 1,520
(D) A GOVERNANCE AUTHORITY AND EXECUTIVE DIRECTOR 1,523
APPOINTED UNDER THIS SECTION SHALL BE IMMUNE, INDEMNIFIED, AND 1,524
HELD HARMLESS FROM CIVIL LIABILITY, INCLUDING ANY CAUSE OF 1,525
ACTION, LEGAL, EQUITABLE, OR OTHERWISE, FOR ANY ACTION TAKEN OR 1,526
DUTIES PERFORMED BY THE GOVERNANCE AUTHORITY AND EXECUTIVE 1,527
DIRECTOR IN GOOD FAITH AND IN FURTHERANCE OF THE PERFORMANCE OF 1,528
THE DUTIES OF THE GOVERNANCE AUTHORITY AND EXECUTIVE DIRECTOR 1,529
UNDER THIS SECTION. 1,530
(E) THE EXPENSES OF A GOVERNANCE AUTHORITY AND THE 1,533
EXPENSES AND COMPENSATION OF AN EXECUTIVE DIRECTOR APPOINTED FOR 1,534
A STATE UNIVERSITY OR COLLEGE UNDER THIS SECTION AND OTHERS 1,535
EMPLOYED BY THE EXECUTIVE DIRECTOR UNDER THIS SECTION SHALL BE 1,536
PAID OUT OF THE OPERATING FUNDS AND REVENUES OF THAT UNIVERSITY 1,537
OR COLLEGE.
(F) A GOVERNANCE AUTHORITY APPOINTED UNDER THIS SECTION 1,540
SHALL PREPARE, IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO BOARD 1,541
OF REGENTS, AND SUBMIT TO THE BOARD OF REGENTS, THE GOVERNOR, THE 1,544
SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND
THE PRESIDENT AND MINORITY LEADER OF THE SENATE A QUARTERLY 1,546
REPORT SETTING FORTH ALL OF THE FOLLOWING: 1,548
(1) THE GENERAL CONDITION OF THE UNIVERSITY OR COLLEGE; 1,551
(2) THE AMOUNTS OF RECEIPTS AND DISBURSEMENTS AND THE 1,553
ITEMS FOR WHICH THE DISBURSEMENTS WERE MADE; 1,554
(3) THE NUMBERS OF PROFESSORS, OFFICERS, TEACHERS, AND 1,556
OTHER EMPLOYEES AND THE POSITION AND COMPENSATION OF EACH AND THE 1,558
NUMBERS OF STUDENTS BY COURSES OF INSTRUCTION;
(4) AN ESTIMATE OF EXPENSES FOR THE ENSUING QUARTER; 1,561
(5) A STATEMENT OF THE GENERAL PROGRESS OF THE UNIVERSITY 1,563
OR COLLEGE WITH INDICATION OF ANY IMPROVEMENTS AND SPECIFICATION 1,564
OF ANY EXPERIMENTS WITH INSTITUTIONAL REFORM AND THE COSTS AND 1,565
37
RESULTS OF THOSE EXPERIMENTS; 1,566
(6) ANY OTHER MATTERS THE GOVERNANCE AUTHORITY CONSIDERS 1,568
USEFUL TO REPORT. 1,569
(G) THE ATTORNEY GENERAL SHALL BE THE LEGAL ADVISER TO THE 1,572
CONSERVATOR AND THE GOVERNANCE AUTHORITY, AND THE ATTORNEY 1,573
GENERAL MAY EMPLOY SPECIAL COUNSEL TO AID THE CONSERVATOR OR 1,574
GOVERNANCE AUTHORITY WITH RESPECT TO ANY LEGAL MATTER ON BEHALF 1,575
OF THE INSTITUTION. THE CONSERVATOR AND THE GOVERNANCE AUTHORITY 1,576
MAY AS OTHERWISE PROVIDED BY LAW REQUEST THE ATTORNEY GENERAL TO 1,577
BRING OR DEFEND SUITS OR PROCEEDINGS IN THE NAME OF THE 1,578
INSTITUTION.
Sec. 3345.76. (A) A GOVERNANCE AUTHORITY APPOINTED FOR A 1,581
STATE UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE REVISED 1,583
CODE AT LEAST ANNUALLY SHALL APPLY THE INDICATORS AND STANDARDS 1,585
ADOPTED UNDER DIVISION (B) OF SECTION 3345.73 OF THE REVISED CODE 1,588
TO DETERMINE WHETHER THE UNIVERSITY OR COLLEGE IS EXPERIENCING 1,589
SUFFICIENT FISCAL STABILITY TO WARRANT TERMINATING THAT 1,590
GOVERNANCE AUTHORITY IN ACCORDANCE WITH THIS SECTION. UPON 1,591
MAKING A DETERMINATION THAT TERMINATION OF THE GOVERNANCE 1,592
AUTHORITY IS WARRANTED, THE GOVERNANCE AUTHORITY SHALL CERTIFY 1,593
THIS DETERMINATION TO THE GOVERNOR. 1,594
A DETERMINATION BY A GOVERNANCE AUTHORITY UNDER THIS 1,596
DIVISION THAT SUFFICIENT FISCAL STABILITY EXISTS OR DOES NOT 1,597
EXIST TO WARRANT TERMINATING THAT GOVERNANCE AUTHORITY IS FINAL 1,599
AND CONCLUSIVE AND NOT APPEALABLE.
(B) THE GOVERNOR MAY ISSUE AN ORDER, EFFECTIVE AS PROVIDED 1,602
UNDER DIVISION (D) OF THIS SECTION, TERMINATING THE GOVERNANCE 1,604
AUTHORITY APPOINTED UNDER 3345.75 OF THE REVISED CODE, UPON THE 1,606
OCCURRENCE OF EITHER OF THE FOLLOWING:
(1) CERTIFICATION BY THE GOVERNANCE AUTHORITY FOR THAT 1,608
STATE UNIVERSITY OR COLLEGE THE TERMINATION OF THAT GOVERNANCE 1,609
AUTHORITY IS WARRANTED; 1,610
(2) A FINDING THAT IN THE GOVERNOR'S OPINION TERMINATION 1,613
OF THE GOVERNANCE AUTHORITY IS IN THE BEST INTERESTS OF THE 1,614
38
STATE, THAT STATE UNIVERSITY OR COLLEGE, AND THE STUDENTS OF THAT 1,615
STATE UNIVERSITY OR COLLEGE.
(C) UPON ISSUANCE OF AN ORDER UNDER DIVISION (B) OF THIS 1,619
SECTION, THE GOVERNOR SHALL FILL EACH VACANCY ON THE BOARD OF 1,620
TRUSTEES OF THE UNIVERSITY OR COLLEGE FOR THE UNEXPIRED PORTION 1,621
OF THE MEMBER'S TERM OR, IF THE TERM FOR THE MEMBER HAS ALREADY 1,622
EXPIRED, FOR THE UNEXPIRED PORTION OF THE SUCCEEDING TERM. 1,623
(D) THIRTY DAYS AFTER THE DATE ON WHICH THE OHIO BOARD OF 1,627
REGENTS DETERMINES THAT ALL VACANCIES ON THE BOARD OF TRUSTEES 1,628
HAVE BEEN FILLED, ALL AUTHORITY, RESPONSIBILITIES, DUTIES, AND 1,629
REFERENCES ASSUMED BY OR CONFERRED UPON THE GOVERNANCE AUTHORITY 1,630
OF THAT UNIVERSITY OR COLLEGE UNDER DIVISION (C) OF SECTION 1,632
3345.75 OF THE REVISED CODE TERMINATE AND ALL OF THE FOLLOWING 1,635
SHALL OCCUR:
(1) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR 1,637
COLLEGE BY THE BOARD OF TRUSTEES SHALL BE RESUMED; 1,638
(2) THE BOARD BECOMES THE SUCCESSOR TO, ASSUMES THE LAWFUL 1,640
OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE CONTINUATION OF THE 1,642
CONSERVATOR AND THE GOVERNANCE AUTHORITY FOR PURPOSES OF ALL 1,644
PENDING LEGAL ACTIONS, CONTRACTS OR OTHER AGREEMENTS, AND
OBLIGATIONS OF THE UNIVERSITY OR COLLEGE; 1,645
(3) WHEREVER THE CONSERVATOR OR THE GOVERNANCE AUTHORITY 1,648
IS REFERRED TO IN ANY CONTRACT OR LEGAL DOCUMENT, THE REFERENCE 1,650
IS DEEMED TO REFER TO THE BOARD OF TRUSTEES. NO VALIDATION,
CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY IS LOST 1,652
OR IMPAIRED BY REASON OF THE RESUMPTION BY THE BOARD OF TRUSTEES 1,653
OF THE AUTHORITY OF THE CONSERVATOR AND THE GOVERNANCE AUTHORITY, 1,655
AND ANY SUCH VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, 1,656
OBLIGATION, OR LIABILITY SHALL BE ADMINISTERED BY THE BOARD OF 1,657
TRUSTEES. NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE DATE 1,659
OF THE RESUMPTION BY THE BOARD OF TRUSTEES OF THE AUTHORITY OF 1,660
THE CONSERVATOR AND THE GOVERNANCE AUTHORITY IS AFFECTED BY THAT 1,662
RESUMPTION, AND ANY SUCH ACTION OR PROCEEDING SHALL BE PROSECUTED 1,663
OR DEFENDED IN THE NAME OF THE BOARD OF TRUSTEES. 1,664
39
(4) THE BOARD OF TRUSTEES RESUMES CUSTODY OF ALL 1,667
EQUIPMENT, RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL 1,668
OR PERSONAL OF THE STATE UNIVERSITY OR COLLEGE;
(5) EMPLOYMENT OF THE EXECUTIVE DIRECTOR APPOINTED FOR THE 1,671
UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE REVISED CODE 1,673
IS TERMINATED;
(6) THE DUTIES AND AUTHORITY OF THE PRESIDENT OR CHIEF 1,675
EXECUTIVE OFFICER OF THE UNIVERSITY OR COLLEGE SUSPENDED UNDER 1,677
DIVISION (C)(6) OF SECTION 3345.74 AND NOT REINSTATED UNDER 1,678
DIVISION (B)(2) OF SECTION 3345.75 OF THE REVISED CODE ARE 1,679
REINSTATED TO THE PERSON HOLDING THAT POSITION, UNLESS OTHERWISE 1,680
PROVIDED FOR BY THE BOARD OF TRUSTEES. 1,681
Sec. 3345.77. NOTWITHSTANDING ANY SECTION OF THE REVISED 1,684
CODE, A CONTRACT OF EMPLOYMENT ENTERED INTO ON OR AFTER THE 1,685
EFFECTIVE DATE OF THIS SECTION BETWEEN THE BOARD OF TRUSTEES OF A 1,686
STATE UNIVERSITY OR COLLEGE AND THE PRESIDENT OR CHIEF EXECUTIVE 1,687
OFFICER OF THAT UNIVERSITY OR COLLEGE SHALL PROVIDE FOR THE 1,688
PERFORMANCE EVALUATION, THE SUSPENSION OF THE AUTHORITY AND 1,689
DUTIES, AND THE TERMINATION OF THE EMPLOYMENT CONTRACT OF THE 1,690
PRESIDENT OR CHIEF EXECUTIVE OFFICER AS PROVIDED UNDER DIVISIONS 1,691
(C) AND (D) OF SECTION 3345.74 AND DIVISION (B)(2) OF SECTION 1,694
3345.75 OF THE REVISED CODE. 1,696
Sec. 3345.78. NO CURRENT OR FORMER EMPLOYEE OR CURRENT OR 1,698
FORMER OFFICER OF A STATE UNIVERSITY OR COLLEGE SHALL KNOWINGLY 1,699
CONCEAL ANY INFORMATION FROM, WITHHOLD ANY INFORMATION REQUESTED 1,700
BY, FALSIFY ANY INFORMATION TO, OR IMPEDE THE WORK OF ANY OF THE 1,701
FOLLOWING:
(A) A CONSERVATOR, GOVERNANCE AUTHORITY, OR EXECUTIVE 1,703
DIRECTOR APPOINTED FOR THE INSTITUTION UNDER SECTION 3345.74 OR 1,704
3345.75 OF THE REVISED CODE;
(B) ANY PERSONNEL APPOINTED BY THE CONSERVATOR OR 1,706
EXECUTIVE DIRECTOR UNDER DIVISION (F) OF SECTION 3345.74 OR 1,707
DIVISION (B)(1) OF SECTION 3345.75 OF THE REVISED CODE. 1,708
Sec. 3345.99. (A) Whoever violates section 3345.13 of the 1,717
40
Revised Code shall be fined not less than fifty nor more than one 1,718
hundred fifty dollars.
(B) Whoever violates division (A) or (B) of section 1,720
3345.34 of the Revised Code is guilty of a misdemeanor of the 1,721
first degree.
(C) WHOEVER VIOLATES SECTION 3345.78 OF THE REVISED CODE 1,723
IS GUILTY OF A FELONY OF THE FOURTH DEGREE. 1,724
Section 2. That existing sections 101.72, 102.02, 102.022, 1,726
102.03, 126.21, 2907.03, 3345.011, 3345.09, 3345.61, and 3345.99 1,727
and section 3345.031 of the Revised Code are hereby repealed. 1,729
Section 3. Under division (B) of section 119.03 of the 1,731
Revised Code, the Ohio Board of Regents shall initially file 1,732
proposed rules pursuant to sections 3345.72 and 3345.73 and 1,733
division (F) of section 3345.75 of the Revised Code no later than 1,734
thirty days after the effective date of this act.
Section 4. All items in this section are hereby 1,736
appropriated as designated out of any moneys in the state 1,737
treasury to the credit of the General Revenue Fund. For all 1,738
appropriations made in this act, those in the first column are
for fiscal year 1996 and those in the second column are for 1,739
fiscal year 1997. The appropriations made in this act are in 1,740
addition to any other appropriations made for the 1995-1997 1,741
biennium.
OBM OFFICE OF BUDGET AND MANAGEMENT 1,742
General Revenue Fund 1,745
GRF 042-407 Central State Deficit 1,747
Reduction $ 0 $ 10,300,000 1,749
Total GRF $ 0 $ 10,300,000 1,752
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 10,300,000 1,755
Central State Deficit Reduction 1,758
In order to facilitate the preparation of audited financial 1,760
statements for fiscal year 1997 and prior to any release of funds 1,761
from the foregoing appropriation item 042-407, Central State 1,763
Deficit Reduction, by the Director of Budget and Management, the
41
university shall submit a Fiscal Recovery Plan. The plan, as 1,764
defined by the Director, shall include among other items: 1,765
(A) A balanced budget for all funds of the university for 1,767
fiscal year 1997;
(B) A detailed set of work tasks and deliverables with due 1,769
dates aimed at strengthening internal and budgetary controls; 1,770
(C) A detailed description of how the funds will be 1,772
expended;
(D) Specific actions that will be taken to establish 1,774
segregated cash fund accounting requirements consistent with 1,775
Generally Accepted Accounting Principles applicable to Public 1,776
Colleges and Universities.
In achieving a balanced fiscal year 1997 budget, the board of 1,780
trustees shall maintain its declared state of financial exigency,
make budget reallocations by means other than uniform, 1,781
across-the-board budget reductions or solely from nonsalary 1,782
sources, give priority to funding requests in support of general 1,783
undergraduate education, reduce academic support units before 1,784
academic programs, and take such other action that may include,
but is not limited to, reducing the number of faculty and staff 1,786
as appropriate. Upon receiving these funds or a portion of the 1,787
funds, Central State University's first priority shall be to pay 1,788
off and close out all past due vendor debts.
The Director of Budget and Management shall appoint a 1,790
financial supervisor to monitor adherence to the plan and advise 1,791
the Director on the financial status of the university. With the 1,792
full cooperation of Central State University, the financial 1,793
supervisor shall prepare reports on the progress of the
university in the implementation of its Fiscal Recovery Plan. 1,794
Within ten days after the end of each month, the university shall 1,795
prepare a payables report delineating by fund and vendor all 1,796
outstanding payables owed by the university. A comparative 1,797
analysis by month should also be presented with rationale 1,798
provided for the variances reflected for changes from the
42
previous month. 1,799
Notwithstanding Section 92.10 of Am. Sub. H.B. 117 of the 1,801
121st General Assembly, as amended by Am. Sub. S.B. 310 of the 1,802
121st General Assembly, Central State University shall not be 1,803
required to repay the $1,500,000 loan approved by the Controlling 1,804
Board in fiscal year 1995 from the Emergency Purposes 1,805
appropriation line item.
Within the limits set forth in this act, the Director shall 1,807
establish accounts indicating the source and amount of funds for 1,808
each appropriation made in this act, and shall determine the form 1,809
and manner in which appropriation accounts shall be maintained. 1,810
Expenditures from appropriations contained in this act shall be 1,811
accounted for as though made in Am. Sub. H.B. 117 of the 121st
General Assembly. 1,812
The appropriations made in this act are subject to all 1,814
provisions of Am. Sub. H.B. 117 of the 121st General Assembly 1,815
that are generally applicable to such appropriations. It is the 1,816
intent of the General Assembly to provide these funds to Central 1,817
State University in order for the institution to remain open
until the end of fiscal year 1997. The passage of this act shall 1,818
not bind the General Assembly to make appropriations for these 1,820
purposes in subsequent years.
Section 5. The General Assembly hereby declares that this 1,822
act is intended to protect the safety, health, and welfare of the 1,823
public.
Section 6. Except for Section 4 of this act, which 1,825
appropriates money, the codified and uncodified sections of law 1,826
contained in this act are subject to the referendum. Therefore, 1,827
under Ohio Constitution, Article II, Section 1c and section 1.471 1,828
of the Revised Code, the codified and uncodified sections of law 1,829
contained in this act, except Section 4 of this act, take effect
on the ninety-first day after this act is filed with the 1,830
Secretary of State. If, however, a referendum petition is filed 1,831
against a section, the section, unless rejected at the 1,832
43
referendum, takes effect at the earliest time permitted by law. 1,833
Section 4 of this act, which appropriates money, is not 1,835
subject to the referendum. Therefore, under Ohio Constitution, 1,836
Article II, Section 1d and section 1.471 of the Revised Code, 1,837
Section 4 of this act goes into immediate effect when this act 1,838
becomes law.
Section 7. Section 102.02 of the Revised Code is presented 1,840
in this act as a composite of the section as amended by both Am. 1,842
H.B. 182 and Am. Sub. H.B. 538 of the 121st General Assembly,
with the new language of neither of the acts shown in capital 1,844
letters. This is in recognition of the principle stated in 1,845
division (B) of section 1.52 of the Revised Code that such 1,846
amendments are to be harmonized where not substantively 1,847
irreconcilable and constitutes a legislative finding that such is 1,848
the resulting version in effect prior to the effective date of 1,849
this act.