As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 6 5
1997-1998 6
SENATORS KEARNS-DIX-OELSLAGER-GILLMOR-SUHADOLNIK-GAETH- 8
ZALESKI-RAY-McLIN-J. JOHNSON-ESPY-HOWARD 9
11
A B I L L
To amend sections 101.72, 102.02, 102.022, 102.03, 13
126.21, 2907.03, 3345.011, 3345.09, 3345.61, and 14
3345.99, to enact sections 3333.045 and 3345.71
to 3345.78, and to repeal section 3345.031 of the 16
Revised Code to require the Ohio Board of Regents 17
to place a state university or college on a
fiscal watch under certain circumstances, to 19
authorize the Governor under certain
circumstances to transfer the powers and duties 20
of a board of trustees of a state university or 22
college under a fiscal watch to a conservator and 23
alternative governance authority, to require the 24
development of a model for training members of
boards of trustees of state universities and 25
colleges and of the Board of Regents regarding 26
their authority and responsibilities, and to make
an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 101.72, 102.02, 102.022, 102.03, 30
126.21, 2907.03, 3345.011, 3345.09, 3345.61, and 3345.99 be 31
amended and sections 3333.045, 3345.71, 3345.72, 3345.73, 33
3345.74, 3345.75, 3345.76, 3345.77, and 3345.78 of the Revised 34
Code be enacted to read as follows: 35
Sec. 101.72. (A) Each legislative agent and employer, 44
within ten days following an engagement of a legislative agent, 45
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shall file with the joint legislative ethics committee an initial 47
registration statement showing all of the following:
(1) The name, business address, and occupation of the 49
legislative agent; 50
(2) The name and business address of the employer and the 52
real party in interest on whose behalf the legislative agent is 53
actively advocating, if it is different from the employer. For 54
the purposes of division (A) of this section, where a trade 55
association or other charitable or fraternal organization that is 56
exempt from federal income taxation under subsection 501(c) of 57
the federal Internal Revenue Code is the employer, the statement 58
need not list the names and addresses of each member of the 59
association or organization, so long as the association or 60
organization itself is listed. 61
(3) A brief description of the type of legislation to 63
which the engagement relates. 64
(B) In addition to the initial registration statement 66
required by division (A) of this section, each legislative agent 67
and employer shall file with the joint committee, not later than 68
the last day of January, May, and September of each year, an 70
updated registration statement that confirms the continuing 71
existence of each engagement described in an initial registration 72
statement and that lists the specific bills or resolutions on 73
which the agent actively advocated under that engagement during 74
the period covered by the updated statement, and with it any 75
statement of expenditures required to be filed by section 101.73 76
of the Revised Code and any details of financial transactions 77
required to be filed by section 101.74 of the Revised Code. 78
(C) If a legislative agent is engaged by more than one 80
employer, the agent shall file a separate initial and updated 81
registration statement for each engagement. If an employer 82
engages more than one legislative agent, the employer need file 83
only one updated registration statement under division (B) of 84
this section, which shall contain the information required by 85
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division (B) of this section regarding all of the legislative 86
agents engaged by the employer. 87
(D)(1) A change in any information required by division 89
(A)(1), (2), or (B) of this section shall be reflected in the 90
next updated registration statement filed under division (B) of 91
this section. 92
(2) Within thirty days after the termination of an 94
engagement, the legislative agent who was employed under the 95
engagement shall send written notification of the termination to 96
the joint committee. 97
(E) Except as otherwise provided in this division, a 99
registration fee of ten dollars shall be charged for filing an 100
initial registration statement. All money collected from this 101
registration fee shall be deposited to the credit of the joint 102
legislative ethics committee fund created under section 101.34 of 103
the Revised Code. An officer or employee of a state agency who 105
actively advocates in his A fiduciary capacity as a
representative of that state agency need not pay the registration 107
fee prescribed by this division or file expenditure statements 109
under section 101.73 of the Revised Code. As used in this 110
division, "state agency" does not include a state institution of
higher education as defined in section 3345.031 3345.011 of the 112
Revised Code.
(F) Upon registration pursuant to division (A) of this 114
section, the legislative agent shall be issued a card by the 115
joint committee showing that the legislative agent is registered. 116
The registration card and the legislative agent's registration 117
shall be valid from the date of their issuance until the next 118
thirty-first day of December of an even-numbered year. 120
(G) The executive director of the joint committee shall be 122
responsible for reviewing each registration statement filed with 123
the joint committee under this section and for determining 124
whether the statement contains all of the information required by 125
this section. If the joint committee determines that the 126
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registration statement does not contain all of the required 127
information or that a legislative agent or employer has failed to 128
file a registration statement, the joint committee shall send 129
written notification by certified mail to the person who filed 130
the registration statement regarding the deficiency in the 131
statement or to the person who failed to file the registration 132
statement regarding the failure. Any person so notified by the 133
joint committee shall, not later than fifteen days after 134
receiving the notice, file a registration statement or an amended 135
registration statement that does contain all of the information 136
required by this section. If any person who receives a notice 137
under this division fails to file a registration statement or 138
such an amended registration statement within this fifteen-day 139
period, the joint committee shall notify the attorney general, 140
who may take appropriate action as authorized under section 141
101.79 of the Revised Code. If the joint committee notifies the 142
attorney general under this division, the joint committee shall 143
also notify in writing the governor and each member of the 144
general assembly of the pending investigation. 145
(H) On or before the fifteenth day of March of each year, 147
the joint committee shall, in the manner and form that it 148
determines, publish a report containing statistical information 149
on the registration statements filed with it under this section 150
during the preceding year. 151
Sec. 102.02. (A) Except as otherwise provided in division 160
(H) of this section, every person who is elected to or is a 161
candidate for a state, county, or city office, or the office of 162
member of the United States congress, and every person who is 163
appointed to fill a vacancy for an unexpired term in such an 164
elective office; all members of the state board of education; the 166
director, assistant directors, deputy directors, division chiefs, 167
or persons of equivalent rank of any administrative department of 168
the state; the president or other chief administrative officer of 169
every state institution of higher education as defined in section 170
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3345.031 3345.011 of the Revised Code; the chief executive 172
officer of each state retirement system; all members of the board 173
of commissioners on grievances and discipline of the supreme 174
court and the ethics commission created under section 102.05 of 175
the Revised Code; every business manager, treasurer, or 176
superintendent of a city, local, exempted village, joint 177
vocational, or cooperative education school district or an 178
educational service center; every person who is elected to or is 179
a candidate for the office of member of a board of education of a 180
city, local, exempted village, joint vocational, or cooperative 181
education school district or of a governing board of an 182
educational service center that has an average daily membership 183
of twelve thousand or more as most recently certified to the 184
state board of education pursuant to division (A) of section 185
3317.03 of the Revised Code; every public official or employee 186
who is paid a salary or wage in accordance with schedule C of 187
section 124.15 or schedule E-2 of section 124.152 of the Revised 188
Code; and every other public official or employee who is 189
designated by the appropriate ethics commission pursuant to 190
division (B) of this section shall file with the appropriate 191
ethics commission on a form prescribed by the commission, a 192
statement disclosing:
(1) The name of the person filing the statement and each 194
member of the person's immediate family and all names under which 196
the person or members of the person's immediate family does 197
business; 198
(2)(a) Subject to divisions (A)(2)(b), and (c) of this 200
section and except as otherwise provided in section 102.022 of 201
the Revised Code, identification of every source of income, other 202
than income from a legislative agent identified in division 203
(A)(2)(b) of this section, received during the preceding calendar 204
year, in the person's own name or by any other person for the 206
person's use or benefit, by the person filing the statement, and 207
a brief description of the nature of the services for which the 208
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income was received. If the person filing the statement is a 209
member of the general assembly, the statement shall identify the 210
amount of every source of income received in accordance with the 211
following ranges of amounts: zero or more but less than one 212
thousand dollars; one thousand dollars or more but less than ten 213
thousand dollars; ten thousand dollars or more but less than 214
twenty-five thousand dollars; twenty-five thousand dollars or 215
more but less than fifty thousand dollars; fifty thousand dollars 216
or more but less than one hundred thousand dollars; and one 217
hundred thousand dollars or more. Division (A)(2)(a) of this 218
section shall not be construed to require a person filing the 219
statement who derives income from a business or profession to 220
disclose the individual items of income that constitute the gross 221
income of that business or profession, except for those 222
individual items of income that are attributable to the person's 223
or, if the income is shared with the person, the partner's, 224
solicitation of services or goods or performance, arrangement, or 225
facilitation of services or provision of goods on behalf of the 226
business or profession of clients, including corporate clients, 227
who are legislative agents as defined in section 101.70 of the 228
Revised Code. A person who files the statement under this 229
section shall disclose the identity of and the amount of income 230
received from a person whom the public official or employee knows 231
or has reason to know is doing or seeking to do business of any 232
kind with the public official's or employee's agency. 233
(b) If the person filing the statement is a member of the 235
general assembly, the statement shall identify every source of 236
income and the amount of that income that was received from a 237
legislative agent, as defined in section 101.70 of the Revised 238
Code, during the preceding calendar year, in the person's own 240
name or by any other person for the person's use or benefit, by 241
the person filing the statement, and a brief description of the 243
nature of the services for which the income was received. 244
Division (A)(2)(b) of this section requires the disclosure of 245
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clients of attorneys or persons licensed under section 4732.12 of 246
the Revised Code, or patients of persons certified under section 247
4731.14 of the Revised Code if those clients or patients are 248
legislative agents. Division (A)(2)(b) of this section requires 249
a person filing the statement who derives income from a business 250
or profession to disclose those individual items of income that 251
constitute the gross income of that business or profession that 252
are received from legislative agents. 253
(c) Except as otherwise provided in division (A)(2)(c) of 255
this section, division (A)(2)(a) of this section applies to 256
attorneys, physicians, and other persons who engage in the 257
practice of a profession and who, pursuant to a section of the 258
Revised Code, the common law of this state, a code of ethics 259
applicable to the profession, or otherwise, generally are 260
required not to reveal, disclose, or use confidences of clients, 261
patients, or other recipients of professional services except 262
under specified circumstances or generally are required to 263
maintain those types of confidences as privileged communications 264
except under specified circumstances. Division (A)(2)(a) of this 265
section does not require an attorney, physician, or other 266
professional subject to a confidentiality requirement as 267
described in division (A)(2)(c) of this section to disclose the 268
name, other identity, or address of a client, patient, or other 269
recipient of professional services if the disclosure would 270
threaten the client, patient, or other recipient of professional 271
services, would reveal details of the subject matter for which 272
legal, medical, or professional advice or other services were 273
sought, or would reveal an otherwise privileged communication 274
involving the client, patient, or other recipient of professional 275
services. Division (A)(2)(a) of this section does not require an 276
attorney, physician, or other professional subject to a 277
confidentiality requirement as described in division (A)(2)(c) of 278
this section to disclose in the brief description of the nature 279
of services required by division (A)(2)(a) of this section any 280
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information pertaining to specific professional services rendered 281
for a client, patient, or other recipient of professional 282
services that would reveal details of the subject matter for 283
which legal, medical, or professional advice was sought or would 284
reveal an otherwise privileged communication involving the 285
client, patient, or other recipient of professional services. 286
(3) The name of every corporation on file with the 288
secretary of state that is incorporated in Ohio or holds a 289
certificate of compliance authorizing it to do business in this 290
state, trust, business trust, partnership, or association that 291
transacts business in Ohio in which the person filing the 292
statement or any other person for the person's use and benefit 294
had during the preceding calendar year an investment of over one 295
thousand dollars at fair market value as of the thirty-first day 296
of December of the preceding calendar year, or the date of 297
disposition, whichever is earlier, or in which the person holds 298
any office or has a fiduciary relationship, and a description of 299
the nature of the investment, office, or relationship. This 300
division does not require disclosure of the name of any bank, 301
savings and loan association, credit union, or building and loan 302
association with which the person filing the statement has a 303
deposit or a withdrawable share account. 304
(4) All fee simple and leasehold interests to which the 306
person filing the statement holds legal title to or a beneficial 307
interest in real property located within the state, excluding the 308
person's residence and property used primarily for personal 309
recreation; 310
(5) The names of all persons residing or transacting 312
business in the state to whom the person filing the statement 313
owes, in the person's own name or in the name of any other 314
person, more than one thousand dollars. This division shall not 316
be construed to require the disclosure of debts owed by the 317
person resulting from the ordinary conduct of a business or 318
profession or debts on the person's residence or real property 319
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used primarily for personal recreation, except that the 320
superintendent of financial institutions shall disclose the names 322
of all state-chartered savings and loan associations and of all 324
service corporations subject to regulation under division (E)(2) 325
of section 1151.34 of the Revised Code to whom the superintendent 326
in the superintendent's own name or in the name of any other 327
person owes any money, and that the superintendent and any deputy 329
superintendent of banks shall disclose the names of all 330
state-chartered banks and all bank subsidiary corporations 331
subject to regulation under section 1109.44 of the Revised Code 332
to whom the superintendent or deputy superintendent owes any 333
money.
(6) The names of all persons residing or transacting 335
business in the state, other than a depository excluded under 336
division (A)(3) of this section, who owes more than one thousand 337
dollars to the person filing the statement, either in the 338
person's own name or to any person for the person's use or 340
benefit. This division shall not be construed to require the 342
disclosure of clients of attorneys or persons licensed under 343
section 4732.12 or 4732.15 of the Revised Code, or patients of 344
persons certified under section 4731.14 of the Revised Code, nor 345
the disclosure of debts owed to the person resulting from the 346
ordinary conduct of a business or profession. 347
(7) Except as otherwise provided in section 102.022 of the 349
Revised Code, the source of each gift of over seventy-five 350
dollars, or of each gift of over twenty-five dollars received by 351
a member of the general assembly from a legislative agent, 352
received by the person in the person's own name or by any other 354
person for the person's use or benefit during the preceding 355
calendar year, except gifts received by will or by virtue of 357
section 2105.06 of the Revised Code, or received from spouses, 358
parents, grandparents, children, grandchildren, siblings, 359
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 360
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 361
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any person to whom the person filing the statement stands in loco 362
parentis, or received by way of distribution from any inter vivos 363
or testamentary trust established by a spouse or by an ancestor; 364
(8) Except as otherwise provided in section 102.022 of the 366
Revised Code, identification of the source and amount of every 367
payment of expenses incurred for travel to destinations inside or 368
outside this state that is received by the person in the person's 370
own name or by any other person for the person's use or benefit 371
and that is incurred in connection with the person's official 373
duties except for expenses for travel to meetings or conventions 374
of a national or state organization to which either house of the 375
general assembly, any legislative agency, a state institution of 376
higher education as defined in section 3345.031 of the Revised 377
Code, any other state agency, or any political subdivision or any 378
office or agency of a political subdivision pays membership dues. 379
(9) Except as otherwise provided in section 102.022 of the 381
Revised Code, identification of the source of payment of expenses 382
for meals and other food and beverages, other than for meals and 383
other food and beverages provided at a meeting at which the 384
person participated in a panel, seminar, or speaking engagement 385
or at a meeting or convention of a national or state organization 386
to which either house of the general assembly, any legislative 387
agency, a state institution of higher education as defined in 388
section 3345.031 of the Revised Code, any other state agency, or 389
any political subdivision or any office or agency of a political 390
subdivision pays membership dues, that are incurred in connection 391
with the person's official duties and that exceed one hundred 392
dollars aggregated per calendar year; 393
(10) If the financial disclosure statement is filed by a 395
public official or employee described in division (B)(2) of 396
section 101.73 of the Revised Code or division (B)(2) of section 397
121.63 of the Revised Code who receives a statement from a 398
legislative agent, executive agency lobbyist, or employer that 399
contains the information described in division (F)(2) of section 400
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101.73 of the Revised Code or division (G)(2) of section 121.63 401
of the Revised Code, all of the nondisputed information contained 402
in the statement delivered to that public official or employee by 403
the legislative agent, executive agency lobbyist, or employer 404
under division (F)(2) of section 101.73 or (G)(2) of section 405
121.63 of the Revised Code. As used in division (A)(10) of this 406
section, "legislative agent," "executive agency lobbyist," and 407
"employer" have the same meanings as in sections 101.70 and 408
121.60 of the Revised Code. 409
A person may file a statement required by this section in 411
person or by mail. A person who is a candidate for elective 412
office shall file the statement no later than the thirtieth day 414
before the primary, special, or general election at which such 415
candidacy is to be voted on, whichever election occurs sooner, 416
except a person who is a write-in candidate shall file the 417
statement no later than the twentieth day before the earliest 418
election at which the person's candidacy is to be voted on. A 420
person who holds elective office shall file the statement on or 421
before the fifteenth day of April of each year, unless the person 423
is a candidate for office. A person who is appointed to fill a 425
vacancy for an unexpired term in an elective office shall file 426
the statement within fifteen days after the person qualifies for 428
office. Other persons shall file an annual statement on or 430
before the fifteenth day of April or, if appointed or employed 431
after that date, within ninety days after appointment or 432
employment. No person shall be required to file with the 433
appropriate ethics commission more than one statement or pay more 434
than one filing fee for any one calendar year. 435
The appropriate ethics commission, for good cause, may 437
extend for a reasonable time the deadline for filing a disclosure 438
statement under this section. 439
A statement filed under this section is subject to public 441
inspection at locations designated by the appropriate ethics 442
commission except as otherwise provided in this section. 443
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(B) The Ohio ethics commission, the joint legislative 445
ethics committee, and the board of commissioners on grievances 446
and discipline of the supreme court, using the rule-making 447
procedures of Chapter 119. of the Revised Code, may require any 448
class of public officials or employees under its jurisdiction and 449
not specifically excluded by this section whose positions involve 450
a substantial and material exercise of administrative discretion 451
in the formulation of public policy, expenditure of public funds, 452
enforcement of laws and rules of the state or a county or city, 453
or the execution of other public trusts, to file an annual 454
statement on or before the fifteenth day of April under division 455
(A) of this section. The appropriate ethics commission shall 456
send the public officials or employees written notice of the 457
requirement by the fifteenth day of February of each year the 458
filing is required, unless the public official or employee is 459
appointed after that date, in which case the notice shall be sent 460
within thirty days after appointment, and the filing shall be 461
made not later than ninety days after appointment. 462
Disclosure statements filed under this division with the 464
Ohio ethics commission by members of boards, commissions, or 465
bureaus of the state for which no compensation is received other 466
than reasonable and necessary expenses shall be kept 467
confidential. Disclosure statements filed with the Ohio ethics 469
commission under division (A) of this section by business 470
managers, treasurers, and superintendents of city, local, 471
exempted village, joint vocational, or cooperative education 472
school districts or educational service centers shall be kept 473
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 474
of the Revised Code may examine the disclosure statement of any 475
business manager, treasurer, or superintendent of that school 476
district or educational service center. The Ohio ethics 477
commission shall examine each disclosure statement required to be 478
kept confidential to determine whether a potential conflict of 479
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interest exists for the person who filed the disclosure 480
statement. A potential conflict of interest exists if the 481
private interests of the person, as indicated by the person's 482
disclosure statement, might interfere with the public interests 484
the person is required to serve in the exercise of the person's 485
authority and duties in the person's office or position of 486
employment. If the commission determines that a potential 487
conflict of interest exists, it shall notify the person who filed 488
the disclosure statement and shall make the portions of the 489
disclosure statement that indicate a potential conflict of 490
interest subject to public inspection in the same manner as is 491
provided for other disclosure statements. Any portion of the 492
disclosure statement that the commission determines does not 493
indicate a potential conflict of interest shall be kept 494
confidential by the commission and shall not be made subject to 495
public inspection, except as is necessary for the enforcement of 496
Chapters 102. and 2921. of the Revised Code and except as 497
otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before 499
the applicable filing deadline under this section, a statement 500
that is required by this section. 501
(D) No person shall knowingly file a false statement that 503
is required to be filed under this section. 504
(E)(1) Except as provided in divisions (E)(2) and (3) of 506
this section, on and after March 2, 1994, the statement required 507
by division (A) or (B) of this section shall be accompanied by a 509
filing fee of twenty-five dollars. 510
(2) The statement required by division (A) of this section 512
shall be accompanied by a filing fee to be paid by the person who 513
is elected or appointed to or is a candidate for any of the 514
following offices: 515
For state office, except member of 517
state board of education $50 518
For office of member of United States 519
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congress or member of general assembly $25 520
For county office $25 521
For office of member of state board 522
of education $10 523
For office of member of city, local, 524
exempted village, or cooperative 525
education board of 526
education or educational service 527
center governing board $ 5 528
For position of business manager, 529
treasurer, or superintendent of 530
city, local, exempted village, joint 531
vocational, or cooperative education 532
school district or 533
educational service center $ 5 534
(3) No judge of a court of record or candidate for judge 536
of such a court, and no referee or magistrate serving a court of 537
record, shall be required to pay the fee required under division 538
(E)(1) or (2), or (F) of this section. 539
(4) For any public official who is appointed to a 541
nonelective office of the state and for any employee who holds a 542
nonelective position in a public agency of the state, the state 543
agency that is the primary employer of the state official or 544
employee shall pay the fee required under division (E)(1) or (F) 545
of this section. 546
(F) If a statement required to be filed under this section 548
is not filed by the date on which it is required to be filed, the 549
appropriate ethics commission shall assess the person required to 550
file the statement a late filing fee equal to one-half of the 551
applicable filing fee for each day the statement is not filed, 552
except that the total amount of the late filing fee shall not 553
exceed one hundred dollars. 554
(G)(1) The appropriate ethics commission other than the 556
Ohio ethics commission shall deposit all fees it receives under 557
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divisions (E) and (F) of this section into the general revenue 558
fund of the state. 559
(2) The Ohio ethics commission shall deposit all fees it 561
receives under divisions (E) and (F) of this section and all 562
moneys it receives from settlements under division (G) of section 563
102.06 of the Revised Code into the Ohio ethics commission fund, 564
which is hereby created in the state treasury. All moneys 565
credited to the fund shall be used solely for expenses related to 566
the operation of the commission. 567
(H) Division (A) of this section does not apply to a 569
person elected or appointed to the office of precinct, ward, or 570
district committee member under Chapter 3517. of the Revised 571
Code; a presidential elector; a delegate to a national 572
convention; village or township officials and employees; any 573
physician or psychiatrist who is paid a salary or wage in 574
accordance with schedule C of section 124.15 or schedule E-2 of 575
section 124.152 of the Revised Code and whose primary duties do 576
not require the exercise of administrative discretion; or any 577
member of a board, commission, or bureau of any county or city 578
who receives less than one thousand dollars per year for serving 579
in that position. 580
Sec. 102.022. Each person who is an officer or employee of 589
a political subdivision, who receives compensation of less than 590
sixteen thousand dollars a year for holding an office or position 591
of employment with that political subdivision, and who is 592
required to file a statement under section 102.02 of the Revised 593
Code, and each member of the board of trustees of a state 594
institution of higher education as defined in section 3345.031 595
3345.011 of the Revised Code who is required to file a statement 597
under section 102.02 of the Revised Code, shall include in that 598
statement, in place of the information required by divisions 599
(A)(2), (7), (8), and (9) of that section, the following 600
information: 601
(A) Exclusive of reasonable expenses, identification of 603
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every source of income over five hundred dollars received during 604
the preceding calendar year, in his THE OFFICER'S OR EMPLOYEE'S 605
own name or by any other person for his THE OFFICER'S OR 607
EMPLOYEE'S use or benefit, by the person filing the statement, 609
and a brief description of the nature of the services for which 610
the income was received. This division shall not be construed to 611
require the disclosure of clients of attorneys or persons 612
licensed under section 4732.12 or 4732.15 of the Revised Code or 613
patients of persons certified under section 4731.14 of the 614
Revised Code. This division shall not be construed to require a 615
person filing the statement who derives income from a business or 616
profession to disclose the individual items of income that 617
constitute the gross income of the business or profession.
(B) The source of each gift of over five hundred dollars 619
received by the person in his THE OFFICER'S OR EMPLOYEE'S own 620
name or by any other person for his THE OFFICER'S OR EMPLOYEE'S 622
use or benefit during the preceding calendar year, except gifts 624
received by will or by virtue of section 2105.06 of the Revised 625
Code, received from parents, grandparents, children,
grandchildren, siblings, nephews, nieces, uncles, aunts, 626
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 627
fathers-in-law, mothers-in-law, or any person to whom the person 628
filing the statement stands in loco parentis, or received by way 629
of distribution from any inter vivos or testamentary trust 630
established by a spouse or by an ancestor. 631
Sec. 102.03. (A)(1) No present or former public official 640
or employee shall, during public employment or service or for 641
twelve months thereafter, represent a client or act in a 642
representative capacity for any person on any matter in which the 643
public official or employee personally participated as a public 644
official or employee through decision, approval, disapproval, 645
recommendation, the rendering of advice, investigation, or other 646
substantial exercise of administrative discretion. 647
(2) For twenty-four months after the conclusion of 649
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service, no former commissioner or attorney examiner of the 650
public utilities commission shall represent a public utility, as 651
defined in section 4905.02 of the Revised Code, or act in a 652
representative capacity on behalf of such a utility before any 653
state board, commission, or agency. 654
(3) For twenty-four months after the conclusion of 656
employment or service, no former public official or employee who 657
personally participated as a public official or employee through 658
decision, approval, disapproval, recommendation, the rendering of 659
advice, the development or adoption of solid waste management 660
plans, investigation, inspection, or other substantial exercise 661
of administrative discretion under Chapter 343. or 3734. of the 662
Revised Code shall represent a person who is the owner or 663
operator of a facility, as defined in section 3734.01 of the 664
Revised Code, or who is an applicant for a permit or license for 665
a facility under that chapter, on any matter in which the public 666
official or employee personally participated as a public official 667
or employee.
(4) For a period of one year after the conclusion of 669
employment or service as a member or employee of the general 670
assembly, no former member or employee of the general assembly 671
shall represent, or act in a representative capacity for, any 672
person on any matter before the general assembly, any committee 673
of the general assembly, or the controlling board. Division 674
(A)(4) of this section does not apply to or affect a person who 675
separates from service with the general assembly on or before 676
December 31, 1995. As used in division (A)(4) of this section 677
"person" does not include any state agency or political 678
subdivision of the state. 679
(5) As used in divisions (A)(1), (2), and (3) of this 681
section, "matter" includes any case, proceeding, application, 682
determination, issue, or question, but does not include the 683
proposal, consideration, or enactment of statutes, rules, 684
ordinances, resolutions, or charter or constitutional amendments. 685
18
As used in division (A)(4) of this section, "matter" includes the 686
proposal, consideration, or enactment of statutes, resolutions, 687
or constitutional amendments. As used in division (A) of this 688
section, "represent" includes any formal or informal appearance 689
before, or any written or oral communication with, any public 690
agency on behalf of any person. 691
(6) Nothing contained in division (A) of this section 693
shall prohibit, during such period, a former public official or 694
employee from being retained or employed to represent, assist, or 695
act in a representative capacity for the public agency by which 696
the public official or employee was employed or on which the 698
public official or employee served.
(7) Division (A) of this section shall not be construed to 700
prohibit the performance of ministerial functions, including, but 701
not limited to, the filing or amendment of tax returns, 702
applications for permits and licenses, incorporation papers, and 703
other similar documents. 704
(B) No present or former public official or employee shall 706
disclose or use, without appropriate authorization, any 707
information acquired by the public official or employee in the 708
course of the public official's or employee's official duties 709
that is confidential because of statutory provisions, or that has 711
been clearly designated to the public official or employee as
confidential when that confidential designation is warranted 713
because of the status of the proceedings or the circumstances 714
under which the information was received and preserving its 715
confidentiality is necessary to the proper conduct of government 716
business.
(C) No public official or employee shall participate 718
within the scope of duties as a public official or employee, 719
except through ministerial functions as defined in division (A) 720
of this section, in any license or rate-making proceeding that 721
directly affects the license or rates of any person, partnership, 722
trust, business trust, corporation, or association in which the 723
19
public official or employee or immediate family owns or controls 725
more than five per cent. No public official or employee shall 726
participate within the scope of duties as a public official or 727
employee, except through ministerial functions as defined in 728
division (A) of this section, in any license or rate-making 729
proceeding that directly affects the license or rates of any 730
person to whom the public official or employee or immediate 731
family, or a partnership, trust, business trust, corporation, or 732
association of which the public official or employee or the 733
public official's or employee's immediate family owns or controls 734
more than five per cent, has sold goods or services totaling more 735
than one thousand dollars during the preceding year, unless the 736
public official or employee has filed a written statement 737
acknowledging that sale with the clerk or secretary of the public 738
agency and the statement is entered in any public record of the 739
agency's proceedings. This division shall not be construed to 740
require the disclosure of clients of attorneys or persons 741
licensed under section 4732.12 or 4732.15 of the Revised Code, or 742
patients of persons certified under section 4731.14 of the 743
Revised Code.
(D) No public official or employee shall use or authorize 745
the use of the authority or influence of office or employment to 747
secure anything of value or the promise or offer of anything of 748
value that is of such a character as to manifest a substantial
and improper influence upon the public official or employee with 749
respect to that person's duties. 750
(E) No public official or employee shall solicit or accept 752
anything of value that is of such a character as to manifest a 753
substantial and improper influence upon the public official or 754
employee with respect to that person's duties. 755
(F) No person shall promise or give to a public official 757
or employee anything of value that is of such a character as to 758
manifest a substantial and improper influence upon the public 759
official or employee with respect to that person's duties. 761
20
(G) In the absence of bribery or another offense under the 763
Revised Code or a purpose to defraud, contributions made to a 764
campaign committee, political party, legislative campaign fund, 766
or political action committee on behalf of an elected public 767
officer or other public official or employee who seeks elective 768
office shall be considered to accrue ordinarily to the public 769
official or employee for the purposes of divisions (D), (E), and 770
(F) of this section.
As used in this division, "contributions," "campaign 772
committee," "political party," "legislative campaign fund," and 773
"political action committee" have the same meanings as in section 774
3517.01 of the Revised Code. 775
(H) No public official or employee, except for the 777
president or other chief administrative officer of or a member of 778
a board of trustees of a state institution of higher education as 779
defined in section 3345.031 3345.011 of the Revised Code, who is 781
required to file a financial disclosure statement under section 782
102.02 of the Revised Code shall solicit or accept, and no person 783
shall give to that public official or employee, an honorarium. 784
This division and divisions (D), (E), and (F) of this section do 785
not prohibit a public official or employee who is required to 786
file a financial disclosure statement under section 102.02 of the 787
Revised Code from accepting and do not prohibit a person from 788
giving to that public official or employee the payment of actual 789
travel expenses, including any expenses incurred in connection 790
with the travel for lodging, and meals, food, and beverages 791
provided to the public official or employee at a meeting at which 792
the public official or employee participates in a panel, seminar, 793
or speaking engagement or provided to the public official or 794
employee at a meeting or convention of a national organization to 795
which either house of the general assembly, any legislative 796
agency, or any other state agency pays membership dues. This 797
division and divisions (D), (E), and (F) of this section do not 798
prohibit a public official or employee who is not required to 799
21
file a financial disclosure statement under section 102.02 of the 800
Revised Code from accepting and do not prohibit a person from 801
promising or giving to that public official or employee an 802
honorarium or the payment of travel, meal, and lodging expenses 803
if the honorarium, expenses, or both were paid in recognition of 805
demonstrable business, professional, or esthetic interests of the 806
public official or employee that exist apart from public office 807
or employment, including, but not limited to, such a demonstrable 808
interest in public speaking and were not paid by any person or 809
other entity, or by any representative or association of those 810
persons or entities, that is regulated by, doing business with, 811
or seeking to do business with the department, division, 812
institution, board, commission, authority, bureau, or other 813
instrumentality of the governmental entity with which the public 814
official or employee serves.
(I) A public official or employee may accept travel, 816
meals, and lodging or expenses or reimbursement of expenses for 817
travel, meals, and lodging in connection with conferences, 818
seminars, and similar events related to official duties if the 820
travel, meals, and lodging, expenses, or reimbursement is not of 821
such a character as to manifest a substantial and improper
influence upon the public official or employee with respect to 822
that person's duties. The house of representatives and senate, 824
in their code of ethics, and the Ohio ethics commission, under 825
section 111.15 of the Revised Code, may adopt rules setting 826
standards and conditions for the furnishing and acceptance of 827
such travel, meals, and lodging, expenses, or reimbursement. 828
A person who acts in compliance with this division and any 830
applicable rules adopted under it, or any applicable, similar 831
rules adopted by the supreme court governing judicial officers 832
and employees, does not violate division (D), (E), or (F) of this 833
section. This division does not preclude any person from seeking 834
an advisory opinion from the appropriate ethics commission under 835
section 102.08 of the Revised Code. 836
22
(J) For purposes of divisions (D), (E), and (F) of this 838
section, the membership of a public official or employee in an 839
organization shall not be considered, in and of itself, to be of 840
such a character as to manifest a substantial and improper 841
influence on the public official or employee with respect to that 843
person's duties. As used in this division, "organization" means 844
a church or a religious, benevolent, fraternal, or professional 845
organization that is tax exempt under subsection 501(a) and 846
described in subsection 501(c)(3), (4), (8), (10), or (19) of the 847
"Internal Revenue Code of 1986." This division does not apply to 848
a public official or employee who is an employee of an 849
organization, serves as a trustee, director, or officer of an 850
organization, or otherwise holds a fiduciary relationship with an 851
organization. This division does not allow a public official or 852
employee who is a member of an organization to participate, 853
formally or informally, in deliberations, discussions, or voting 854
on a matter or to use his official position with regard to the 855
interests of the organization on the matter if the public 856
official or employee has assumed a particular responsibility in 858
the organization with respect to the matter or if the matter 859
would affect that person's personal, pecuniary interests. 860
(K) It is not a violation of this section for a 862
prosecuting attorney to appoint assistants and employees in 863
accordance with division (B) of section 309.06 and section 864
2921.421 of the Revised Code, for a chief legal officer of a 865
municipal corporation or an official designated as prosecutor in 866
a municipal corporation to appoint assistants and employees in 867
accordance with sections 733.621 and 2921.421 of the Revised 868
Code, for a township law director appointed under section 504.15 869
of the Revised Code to appoint assistants and employees in 871
accordance with sections 504.151 and 2921.421 of the Revised
Code, or for a coroner to appoint assistants and employees in 872
accordance with division (B) of section 313.05 of the Revised 873
Code.
23
As used in this division, "chief legal officer" has the 875
same meaning as in section 733.621 of the Revised Code. 876
Sec. 126.21. The director of budget and management shall: 885
(A) Keep all necessary accounting records; 887
(B) Prescribe and maintain the accounting system of the 889
state and establish appropriate accounting procedures and charts 890
of accounts; 891
(C) Reconcile, in the case of any variation between the 893
amount of any appropriation and the aggregate amount of items 894
thereof, with the advice and assistance of the state agency 895
affected thereby and the legislative budget office of the 896
legislative service commission, totals so as to correspond in the 897
aggregate with the total appropriation. In the case of a 898
conflict between the item and the total of which it is a part, 899
the item shall be considered the intended appropriation. 900
(D) Evaluate on an ongoing basis and, if necessary, 902
recommend improvements to the internal controls used in state 903
agencies; 904
(E) Authorize the establishment of petty cash accounts. 906
The director of budget and management may withdraw approval for 907
any petty cash account and require the officer in charge to 908
return to the state treasury any unexpended balance shown by his 909
THE OFFICER'S accounts to be on hand. Any officer who is issued 910
a warrant for petty cash shall render a detailed account of the 912
expenditures of such petty cash and shall report when requested 913
the balance of petty cash on hand at any time. 914
(F) Process orders, invoices, vouchers, claims, and 916
payrolls and prepare financial reports and statements; 917
(G) Perform such extensions, reviews, and compliance 919
checks prior to approving a payment as he THE DIRECTOR considers 920
necessary; 921
(H) Issue the official comprehensive annual financial 923
report of the state. The report shall cover all funds and 924
account groups of the state reporting entity and shall include 925
24
general purpose financial statements prepared in accordance with 926
generally accepted accounting principles and such other 927
information as the director provides. All state agencies, 928
authorities, institutions, offices, retirement systems, and other 929
component units of the state reporting entity as determined by 930
the director shall furnish the director whatever financial 931
statements and other information he THE DIRECTOR requests for the 933
report, in such form, at such times, covering such periods, and 934
with such attestation as he THE DIRECTOR prescribes. The 935
information for state institutions of higher education, as such 937
term is defined in section 3345.031 3345.011 of the Revised Code, 938
shall be submitted to the director by the Ohio board of regents. 940
The board shall establish a due date by which each such 941
institution shall submit the information to the board, but no 942
such date shall be later than one hundred twenty days after the 943
end of the state fiscal year unless a later date is approved by 944
the director.
Sec. 2907.03. (A) No person shall engage in sexual 953
conduct with another, not the spouse of the offender, when any of 954
the following apply: 955
(1) The offender knowingly coerces the other person to 957
submit by any means that would prevent resistance by a person of 958
ordinary resolution. 959
(2) The offender knows that the other person's ability to 961
appraise the nature of or control his or her THE OTHER PERSON'S 962
own conduct is substantially impaired. 964
(3) The offender knows that the other person submits 966
because he or she THE OTHER PERSON is unaware that the act is 967
being committed. 968
(4) The offender knows that the other person submits 970
because the other person mistakenly identifies the offender as 971
his or her THE OTHER PERSON'S spouse. 973
(5) The offender is the other person's natural or adoptive 975
parent, or a stepparent, or guardian, custodian, or person in 976
25
loco parentis of the other person. 977
(6) The other person is in custody of law or a patient in 979
a hospital or other institution, and the offender has supervisory 980
or disciplinary authority over the other person. 981
(7) The offender is a teacher, administrator, coach, or 983
other person in authority employed by or serving in a school for 984
which the state board of education prescribes minimum standards 985
pursuant to division (D) of section 3301.07 of the Revised Code, 986
the other person is enrolled in or attends that school, and the 987
offender is not enrolled in and does not attend that school. 989
(8) The other person is a minor, the offender is a 991
teacher, administrator, coach, or other person in authority 992
employed by or serving in an institution of higher education, and 993
the other person is enrolled in or attends that institution. 995
(9) The other person is a minor, and the offender is the 997
other person's athletic or other type of coach, is the other 998
person's instructor, is the leader of a scouting troop of which 999
the other person is a member, or is a person with temporary or 1,000
occasional disciplinary control over the other person. 1,001
(B) Whoever violates this section is guilty of sexual 1,003
battery. A violation of division (A)(1), (5), (6), (7), (8), or 1,005
(9) of this section is a felony of the third degree. A violation 1,006
of division (A)(2), (3), or (4) of this section is a felony of 1,007
the fourth degree.
(C) As used in this section, "institution of higher 1,009
education" means a state institution of higher education defined 1,010
in section 3345.031 3345.011 of the Revised Code, a private 1,012
nonprofit college or university located in this state that
possesses a certificate of authorization issued by the Ohio board 1,013
of regents pursuant to Chapter 1713. of the Revised Code, or a 1,014
school certified under Chapter 3332. of the Revised Code. 1,015
Sec. 3333.045. AS USED IN THIS SECTION, "STATE UNIVERSITY 1,017
OR COLLEGE" MEANS ANY STATE UNIVERSITY LISTED IN SECTION 3345.011 1,019
OF THE REVISED CODE, THE NORTHEASTERN OHIO UNIVERSITIES COLLEGE 1,020
26
OF MEDICINE, THE MEDICAL COLLEGE OF OHIO AT TOLEDO, ANY COMMUNITY 1,021
COLLEGE UNDER CHAPTER 3354. OF THE REVISED CODE, ANY UNIVERSITY 1,023
BRANCH DISTRICT UNDER CHAPTER 3355. OF THE REVISED CODE, ANY 1,026
TECHNICAL COLLEGE UNDER CHAPTER 3357. OF THE REVISED CODE, AND 1,029
ANY STATE COMMUNITY COLLEGE UNDER CHAPTER 3358. OF THE REVISED 1,032
CODE.
THE OHIO BOARD OF REGENTS SHALL WORK WITH THE ATTORNEY 1,035
GENERAL, THE AUDITOR OF STATE, AND THE OHIO ETHICS COMMISSION TO 1,037
DEVELOP A MODEL FOR TRAINING MEMBERS OF THE BOARDS OF TRUSTEES OF 1,038
ALL STATE UNIVERSITIES AND COLLEGES AND MEMBERS OF THE BOARD OF 1,039
REGENTS REGARDING THE AUTHORITY AND RESPONSIBILITIES OF A BOARD 1,040
OF TRUSTEES OR THE BOARD OF REGENTS. THIS MODEL SHALL INCLUDE A 1,041
REVIEW OF FIDUCIARY RESPONSIBILITIES, ETHICS, AND FISCAL 1,042
MANAGEMENT. USE OF THIS MODEL BY MEMBERS OF BOARDS OF TRUSTEES 1,044
AND THE BOARD OF REGENTS SHALL BE VOLUNTARY.
THIS SECTION DOES NOT APPLY TO THE THREE MEMBERS OF THE 1,046
BOARD OF TRUSTEES OF THE NORTHEASTERN OHIO UNIVERSITIES COLLEGE 1,048
OF MEDICINE WHO ARE PRESIDENTS OF STATE UNIVERSITIES. 1,049
Sec. 3345.011. "State university" means a public 1,058
institution of higher education which is a body politic and 1,059
corporate. Each of the following institutions of higher 1,060
education shall be recognized as a state university: university 1,061
of Akron, Bowling Green state university, Central state
university, university of Cincinnati, Cleveland state university, 1,062
Kent state university, Miami university, Ohio university, Ohio 1,063
state university, Shawnee state university, university of Toledo, 1,064
Wright state university, and Youngstown state university. 1,065
"STATE INSTITUTION OF HIGHER EDUCATION" MEANS ANY STATE 1,067
UNIVERSITY OR COLLEGE AS DEFINED IN DIVISION (A)(1) OF SECTION 1,069
3345.12 OF THE REVISED CODE, COMMUNITY COLLEGE, STATE COMMUNITY 1,070
COLLEGE, UNIVERSITY BRANCH ESTABLISHED UNDER CHAPTER 3355. OF THE 1,071
REVISED CODE, OR TECHNICAL COLLEGE.
Sec. 3345.09. For purpose of this section, American sign 1,080
language is hereby recognized as a foreign language, and any 1,081
27
state institution of higher education may offer a course in 1,082
American sign language. An undergraduate student who 1,083
successfully completes a course in American sign language is
entitled to receive credit for that course toward satisfaction of 1,084
an undergraduate foreign language requirement of the state 1,085
institution of higher education where the course is offered. As 1,086
used in this section, "state institution of higher education" has 1,087
the same meaning as in section 3345.031 3345.011 of the Revised 1,090
Code.
Sec. 3345.61. As used in this section and sections 3345.62 1,099
to 3345.66 of the Revised Code: 1,100
(A) "Board of trustees of a state institution of higher 1,102
education" means the board of trustees of a state institution of 1,103
higher education as defined in section 3345.031 3345.011 of the 1,105
Revised Code. 1,106
(B) "Energy conservation measure" means an installation or 1,108
modification of an installation in, or a remodeling of, an 1,109
existing building in order to reduce energy consumption and 1,110
operating costs. The term includes: 1,111
(1) Installation or modification of insulation in the 1,113
building structure and systems within the building; 1,114
(2) Installation or modification of storm windows and 1,116
doors, multiglazed windows and doors, and heat absorbing or heat 1,117
reflective glazed and coated window and door systems; 1,118
installation of additional glazing; reductions in glass area; and 1,119
other window and door system modifications that reduce energy 1,120
consumption and operating costs; 1,121
(3) Installation or modification of automatic energy 1,123
control systems; 1,124
(4) Replacement or modification of heating, ventilating, 1,126
or air conditioning systems; 1,127
(5) Application of caulking and weatherstripping; 1,129
(6) Replacement or modification of lighting fixtures to 1,131
increase the energy efficiency of the system without increasing 1,132
28
the overall illumination of a facility, unless such increase in 1,133
illumination is necessary to conform to the applicable state or 1,134
local building code for the proposed lighting system; 1,135
(7) Installation or modification of energy recovery 1,137
systems; 1,138
(8) Installation or modification of cogeneration systems 1,140
that produce steam or forms of energy such as heat, as well as 1,141
electricity, for use primarily within a building or complex of 1,142
buildings; 1,143
(9) Any other modification, installation, or remodeling 1,145
approved by the board of trustees of a state institution of 1,146
higher education as an energy conservation measure for one or 1,147
more buildings owned by the institution. 1,148
(C) "Energy saving measure" means the acquisition and 1,150
installation, by purchase, lease, lease-purchase, lease with an 1,151
option to buy, or installment purchase, of an energy conservation 1,152
measure and any attendant architectural and engineering 1,153
consulting services. 1,154
Sec. 3345.71. AS USED IN SECTIONS 3345.72 TO 3345.77 OF 1,157
THE REVISED CODE: 1,159
(A) "STATE UNIVERSITY OR COLLEGE" MEANS ANY STATE 1,162
UNIVERSITY LISTED IN SECTION 3345.011 OF THE REVISED CODE, THE 1,164
NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF MEDICINE, THE MEDICAL 1,166
COLLEGE OF OHIO AT TOLEDO, ANY COMMUNITY COLLEGE UNDER CHAPTER 1,169
3354. OF THE REVISED CODE, ANY TECHNICAL COLLEGE UNDER CHAPTER 1,172
3357. OF THE REVISED CODE, AND ANY STATE COMMUNITY COLLEGE UNDER 1,175
CHAPTER 3358. OF THE REVISED CODE. 1,177
(B) "FISCAL WATCH" MEANS THE EXISTENCE OF A FISCAL WATCH 1,180
DECLARED UNDER SECTION 3345.72 OF THE REVISED CODE. 1,182
Sec. 3345.72. (A) THE OHIO BOARD OF REGENTS SHALL ADOPT 1,185
RULES ESTABLISHING ALL OF THE FOLLOWING:
(1) CRITERIA FOR DETERMINING WHEN TO DECLARE A STATE 1,187
UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH, WHICH CRITERIA SHALL 1,188
INCLUDE A REQUIREMENT FOR THE SUBMISSION OF A QUARTERLY REPORT 1,189
29
FROM EACH STATE UNIVERSITY OR COLLEGE, WITHIN THIRTY DAYS AFTER 1,190
THE END OF EACH CALENDAR QUARTER, TO THE BOARD OF REGENTS, THE 1,191
DIRECTOR OF BUDGET AND MANAGEMENT, THE LEGISLATIVE BUDGET OFFICE 1,192
OF THE LEGISLATIVE SERVICE COMMISSION, AND THE CHAIRPERSONS AND 1,193
RANKING MINORITY MEMBERS OF THE FINANCE COMMITTEES OF THE HOUSE 1,195
OF REPRESENTATIVES AND THE 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
WATCH, THE BOARD OF TRUSTEES OF THE UNIVERSITY OR COLLEGE SHALL 1,237
30
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 SHALL 1,252
USE FINANCIAL REPORTS REQUIRED UNDER SECTION 3345.05 OF THE 1,254
REVISED CODE OR ANY OTHER DOCUMENTS, RECORDS, OR INFORMATION 1,256
AVAILABLE TO IT OR THE AUDITOR OF STATE RELATED TO THE CRITERIA 1,257
ADOPTED UNDER DIVISION (A)(1) OR (3) OF THIS SECTION. IN MAKING 1,259
DETERMINATIONS UNDER DIVISION (D) OF THIS SECTION, THE BOARD OF 1,261
REGENTS SHALL ALSO USE THE FISCAL INFORMATION REPORTED UNDER
DIVISION (C) OF THIS 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
EXPERIENCING SUFFICIENT FISCAL DIFFICULTIES TO WARRANT APPOINTING 1,290
31
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 REQUEST FROM THE OFFICE OF BUDGET AND 1,334
MANAGEMENT, WHICH SHALL PROVIDE, CERTIFICATION THAT SUFFICIENT 1,335
FISCAL DIFFICULTIES EXIST TO WARRANT APPOINTMENT OF A 1,336
CONSERVATOR. THE BOARD OF REGENTS SHALL THEN CERTIFY THIS
DETERMINATION TO THE GOVERNOR. 1,337
32
NOTWITHSTANDING SECTION 3333.021 OF THE REVISED CODE, THAT 1,341
SECTION DOES NOT APPLY TO CERTIFICATION BY THE BOARD OF REGENTS 1,342
UNDER THIS SECTION OR TO THE DECLARATION OF A FISCAL WATCH UNDER 1,343
SECTION 3345.72 OF THE REVISED CODE. 1,344
A DETERMINATION BY THE BOARD OF REGENTS UNDER THIS DIVISION 1,347
THAT SUFFICIENT FISCAL DIFFICULTIES EXIST OR DO NOT EXIST TO 1,348
WARRANT APPOINTING A CONSERVATOR IS FINAL AND CONCLUSIVE AND NOT 1,349
APPEALABLE.
(B) THE GOVERNOR MAY APPOINT, WITH THE ADVICE AND CONSENT 1,352
OF THE SENATE, A CONSERVATOR FOR ANY STATE UNIVERSITY OR COLLEGE 1,353
UNDER A FISCAL WATCH, UPON CERTIFICATION BY THE OHIO BOARD OF 1,355
REGENTS UNDER DIVISION (A) OF THIS SECTION THAT THE APPOINTMENT 1,357
IS WARRANTED. FROM THE TIME A CONSERVATOR IS APPOINTED UNTIL THE 1,358
TIME THE GOVERNOR ISSUES AN ORDER TERMINATING THE GOVERNANCE
AUTHORITY UNDER DIVISION (B) OF SECTION 3345.76 OF THE REVISED 1,359
CODE, THE GOVERNOR MAY REMOVE ANY MEMBER OF THE BOARD OF TRUSTEES 1,360
OF THE STATE UNIVERSITY OR COLLEGE FROM OFFICE AND NOT FILL THE 1,361
VACANCY.
(C) UPON APPOINTMENT OF A CONSERVATOR UNDER THIS SECTION 1,364
FOR A STATE UNIVERSITY OR COLLEGE, ALL OF THE FOLLOWING SHALL 1,365
OCCUR EFFECTIVE IMMEDIATELY: 1,366
(1) ALL DUTIES, RESPONSIBILITIES, AND POWERS OF THE BOARD 1,368
OF TRUSTEES OF THE UNIVERSITY OR COLLEGE ARE SUSPENDED; 1,370
(2) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR 1,372
COLLEGE IS ASSUMED BY THE CONSERVATOR; 1,373
(3) NOTWITHSTANDING ANY SECTION OF THE REVISED CODE, ALL 1,377
DUTIES, RESPONSIBILITIES, AND POWERS ASSIGNED BY LAW TO THE BOARD 1,378
OF TRUSTEES ARE ASSIGNED TO THE CONSERVATOR, AND THE CONSERVATOR 1,380
BECOMES THE SUCCESSOR TO, ASSUMES THE LAWFUL OBLIGATIONS OF, AND 1,381
OTHERWISE CONSTITUTES THE CONTINUATION OF THE BOARD OF TRUSTEES 1,382
FOR PURPOSES OF ALL PENDING LEGAL ACTIONS, CONTRACTS OR OTHER 1,383
AGREEMENTS, AND OBLIGATIONS OF THE UNIVERSITY OR COLLEGE; 1,384
(4) WHEREVER THE BOARD OF TRUSTEES IS REFERRED TO IN ANY 1,386
CONTRACT OR LEGAL DOCUMENT, THE REFERENCE IS DEEMED TO REFER TO 1,388
33
THE CONSERVATOR. NO VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, 1,389
OBLIGATION, OR LIABILITY IS LOST OR IMPAIRED BY REASON OF THE 1,390
ASSUMPTION OF THE BOARD'S AUTHORITY BY THE CONSERVATOR UNDER THIS 1,391
SECTION AND ANY SUCH VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, 1,392
OBLIGATION, OR LIABILITY SHALL BE ADMINISTERED BY THE 1,393
CONSERVATOR. NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE 1,394
DATE OF THE ASSUMPTION BY THE CONSERVATOR OF THE BOARD'S 1,395
AUTHORITY IS AFFECTED BY THAT ASSUMPTION AND ANY SUCH ACTION OR 1,396
PROCEEDING SHALL BE PROSECUTED OR DEFENDED IN THE NAME OF THE 1,397
CONSERVATOR.
(5) THE CONSERVATOR ASSUMES CUSTODY OF ALL EQUIPMENT, 1,399
RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL OR PERSONAL 1,400
OF THE STATE UNIVERSITY OR COLLEGE; 1,401
(6) ALL AUTHORITY AND DUTIES OF THE PRESIDENT OR CHIEF 1,403
EXECUTIVE OFFICER, AND THE PAY OF THE PRESIDENT OR CHIEF 1,404
EXECUTIVE OFFICER, ARE SUSPENDED. 1,405
(D) THE CONSERVATOR FOR A STATE UNIVERSITY OR COLLEGE 1,407
SHALL CONDUCT A PRELIMINARY PERFORMANCE EVALUATION OF THE 1,409
PRESIDENT OR CHIEF EXECUTIVE OFFICER OF THE UNIVERSITY OR COLLEGE 1,410
AND PROVIDE A COPY OF FINDINGS AND ANY RECOMMENDATIONS TO THE 1,412
GOVERNANCE AUTHORITY ESTABLISHED FOR THE UNIVERSITY OR COLLEGE 1,413
UNDER SECTION 3345.75 OF THE REVISED CODE. 1,415
(E) A CONSERVATOR APPOINTED UNDER THIS SECTION SHALL BE 1,417
IMMUNE, INDEMNIFIED, AND HELD HARMLESS FROM CIVIL LIABILITY, 1,418
INCLUDING ANY CAUSE OF ACTION, LEGAL, EQUITABLE, OR OTHERWISE, 1,419
FOR ANY ACTION TAKEN OR DUTIES PERFORMED BY THE CONSERVATOR IN 1,420
GOOD FAITH AND IN FURTHERANCE OF THE PERFORMANCE OF THE DUTIES OF 1,422
THE CONSERVATOR UNDER THIS SECTION.
(F) THE GOVERNOR SHALL SET THE COMPENSATION FOR A 1,425
CONSERVATOR APPOINTED FOR A STATE UNIVERSITY OR COLLEGE. THE 1,426
EXPENSES AND COMPENSATION OF THE CONSERVATOR AND OTHERS EMPLOYED 1,427
BY THE CONSERVATOR SHALL BE PAID OUT OF THE OPERATING FUNDS AND 1,428
REVENUES OF THAT UNIVERSITY OR COLLEGE. 1,429
Sec. 3345.75. (A) NOT LATER THAN THIRTY DAYS AFTER THE 1,432
34
DATE OF THE APPOINTMENT OF A CONSERVATOR FOR A STATE UNIVERSITY 1,433
OR COLLEGE UNDER SECTION 3345.74 OF THE REVISED CODE, THE 1,435
GOVERNOR SHALL APPOINT, WITH THE ADVICE AND CONSENT OF THE 1,436
SENATE, A GOVERNANCE AUTHORITY FOR THE UNIVERSITY OR COLLEGE 1,437
CONSISTING OF FIVE MEMBERS. THE MEMBERS SHALL SERVE AT THE 1,438
PLEASURE OF THE GOVERNOR AND ANY VACANCIES SHALL BE FILLED IN THE 1,439
SAME MANNER AS AN ORIGINAL APPOINTMENT. 1,440
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE 1,442
GOVERNANCE AUTHORITY AS THE CHAIRPERSON AND SHALL CALL THE FIRST 1,443
MEETING OF THE AUTHORITY. THE CONSERVATORSHIP TERMINATES WHEN 1,444
THE GOVERNANCE AUTHORITY HOLDS THE FIRST MEETING AT WHICH A 1,445
QUORUM IS PRESENT. A MAJORITY OF THE MEMBERS OF A GOVERNANCE 1,447
AUTHORITY CONSTITUTES A QUORUM AND THE AFFIRMATIVE VOTE OF A 1,448
MAJORITY OF THE MEMBERS SHALL BE NECESSARY FOR ANY ACTION TAKEN 1,449
BY AN AUTHORITY. MEETINGS OF A GOVERNANCE AUTHORITY SHALL BE 1,450
CALLED IN THE MANNER AND AT THE TIMES PRESCRIBED BY THE
AUTHORITY, BUT THE AUTHORITY SHALL MEET AT LEAST FOUR TIMES 1,451
ANNUALLY AND AT OTHER TIMES NECESSARY FOR THE BEST INTEREST OF 1,452
THE UNIVERSITY OR COLLEGE. A GOVERNANCE AUTHORITY MAY ADOPT 1,453
PROCEDURES FOR THE CONDUCT OF ITS BUSINESS. 1,454
THE MEMBERS OF A GOVERNANCE AUTHORITY SHALL NOT RECEIVE 1,456
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE PAID THEIR 1,457
REASONABLE AND NECESSARY EXPENSES WHILE ENGAGED IN THE DISCHARGE 1,458
OF THEIR OFFICIAL DUTIES. 1,459
(B)(1) A GOVERNANCE AUTHORITY ESTABLISHED UNDER THIS 1,462
SECTION SHALL APPOINT AN EXECUTIVE DIRECTOR WHO SHALL SERVE AT 1,463
THE PLEASURE OF THE AUTHORITY AND WITH THE COMPENSATION AND OTHER 1,464
TERMS AND CONDITIONS ESTABLISHED BY IT. WITH THE APPROVAL OF THE 1,465
CHAIRPERSON OF THE AUTHORITY, THE EXECUTIVE DIRECTOR MAY APPOINT 1,466
ADDITIONAL PERSONNEL AS THE DIRECTOR CONSIDERS APPROPRIATE. THE 1,467
EXECUTIVE DIRECTOR SHALL OVERSEE THE DAY-TO-DAY OPERATION OF THE 1,468
UNIVERSITY OR COLLEGE UNDER THE DIRECTION AND SUPERVISION OF THE 1,469
AUTHORITY. 1,470
(2) THE GOVERNANCE AUTHORITY SHALL CONDUCT A FINAL 1,472
35
PERFORMANCE EVALUATION OF THE PRESIDENT OR CHIEF EXECUTIVE 1,473
OFFICER OF THE UNIVERSITY OR COLLEGE. FOLLOWING THE EVALUATION, 1,474
THE GOVERNANCE AUTHORITY MAY REINSTATE ANY DUTIES OR AUTHORITY 1,476
PREVIOUSLY SUSPENDED UNDER DIVISION (C)(6) OF SECTION 3345.74 OF 1,478
THE REVISED CODE, OR MAY TERMINATE THE PRESIDENT OR CHIEF
EXECUTIVE OFFICER IN ACCORDANCE WITH THE TERMS OF THE PERSON'S 1,479
EMPLOYMENT CONTRACT.
(C) UPON APPOINTMENT OF ALL MEMBERS OF A GOVERNANCE 1,482
AUTHORITY UNDER THIS SECTION AND UPON THE EFFECTIVE DATE FOR THE 1,483
COMMENCEMENT OF THE DUTIES OF THE EXECUTIVE DIRECTOR APPOINTED BY 1,485
THAT AUTHORITY UNDER THIS SECTION, ALL AUTHORITY,
RESPONSIBILITIES, DUTIES, AND REFERENCES ASSUMED BY OR CONFERRED 1,486
UPON THE CONSERVATOR UNDER DIVISIONS (C)(2) TO (6) OF SECTION 1,489
3345.74 OF THE REVISED CODE TERMINATE AND ALL OF THE FOLLOWING 1,491
SHALL OCCUR, EFFECTIVE IMMEDIATELY:
(1) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR 1,493
COLLEGE IS ASSUMED BY THE GOVERNANCE AUTHORITY; 1,494
(2) NOTWITHSTANDING ANY SECTION OF THE REVISED CODE, ALL 1,498
DUTIES, RESPONSIBILITIES, AND POWERS ASSIGNED BY LAW TO THE BOARD 1,499
OF TRUSTEES OR TO THE CONSERVATOR ARE ASSIGNED TO THE GOVERNANCE 1,500
AUTHORITY AND THE GOVERNANCE AUTHORITY BECOMES THE SUCCESSOR TO, 1,501
ASSUMES THE LAWFUL OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE 1,502
CONTINUATION OF THE BOARD OF TRUSTEES AND THE CONSERVATOR FOR 1,503
PURPOSES OF ALL PENDING LEGAL ACTIONS, CONTRACTS OR OTHER 1,504
AGREEMENTS, AND OBLIGATIONS OF THE UNIVERSITY OR COLLEGE; 1,505
(3) WHEREVER THE BOARD OF TRUSTEES OR CONSERVATOR IS 1,507
REFERRED TO IN ANY CONTRACT OR LEGAL DOCUMENT, THE REFERENCE IS 1,509
DEEMED TO REFER TO THE GOVERNANCE AUTHORITY. NO VALIDATION, 1,510
CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY IS LOST 1,511
OR IMPAIRED BY REASON OF THE ASSUMPTION OF THE AUTHORITY OF THE 1,512
BOARD OF TRUSTEES AND THE CONSERVATOR BY THE GOVERNANCE AUTHORITY 1,513
UNDER THIS SECTION AND ANY SUCH VALIDATION, CURE, RIGHT, 1,514
PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY SHALL BE ADMINISTERED 1,515
BY THE GOVERNANCE AUTHORITY. NO ACTION OR PROCEEDING PENDING ON 1,516
36
THE EFFECTIVE DATE OF THE ASSUMPTION BY THE GOVERNANCE AUTHORITY 1,517
OF THE AUTHORITY OF THE BOARD OF TRUSTEES AND THE CONSERVATOR IS 1,518
AFFECTED BY THAT ASSUMPTION AND ANY SUCH ACTION OR PROCEEDING 1,519
SHALL BE PROSECUTED OR DEFENDED IN THE NAME OF THE GOVERNANCE 1,520
AUTHORITY.
(4) THE GOVERNANCE AUTHORITY ASSUMES CUSTODY OF ALL 1,522
EQUIPMENT, RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL 1,523
OR PERSONAL OF THE STATE UNIVERSITY OR COLLEGE. 1,525
(D) A GOVERNANCE AUTHORITY AND EXECUTIVE DIRECTOR 1,528
APPOINTED UNDER THIS SECTION SHALL BE IMMUNE, INDEMNIFIED, AND 1,529
HELD HARMLESS FROM CIVIL LIABILITY, INCLUDING ANY CAUSE OF 1,530
ACTION, LEGAL, EQUITABLE, OR OTHERWISE, FOR ANY ACTION TAKEN OR 1,531
DUTIES PERFORMED BY THE GOVERNANCE AUTHORITY AND EXECUTIVE 1,532
DIRECTOR IN GOOD FAITH AND IN FURTHERANCE OF THE PERFORMANCE OF 1,533
THE DUTIES OF THE GOVERNANCE AUTHORITY AND EXECUTIVE DIRECTOR 1,534
UNDER THIS SECTION. 1,535
(E) THE EXPENSES OF A GOVERNANCE AUTHORITY AND THE 1,538
EXPENSES AND COMPENSATION OF AN EXECUTIVE DIRECTOR APPOINTED FOR 1,539
A STATE UNIVERSITY OR COLLEGE UNDER THIS SECTION AND OTHERS 1,540
EMPLOYED BY THE EXECUTIVE DIRECTOR UNDER THIS SECTION SHALL BE 1,541
PAID OUT OF THE OPERATING FUNDS AND REVENUES OF THAT UNIVERSITY 1,542
OR COLLEGE.
(F) A GOVERNANCE AUTHORITY APPOINTED UNDER THIS SECTION 1,545
SHALL PREPARE, IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO BOARD 1,546
OF REGENTS, AND SUBMIT TO THE BOARD OF REGENTS, THE GOVERNOR, THE 1,549
SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND
THE PRESIDENT AND MINORITY LEADER OF THE SENATE A QUARTERLY 1,551
REPORT SETTING FORTH ALL OF THE FOLLOWING: 1,553
(1) THE GENERAL CONDITION OF THE UNIVERSITY OR COLLEGE; 1,556
(2) THE AMOUNTS OF RECEIPTS AND DISBURSEMENTS AND THE 1,558
ITEMS FOR WHICH THE DISBURSEMENTS WERE MADE; 1,559
(3) THE NUMBERS OF PROFESSORS, OFFICERS, TEACHERS, AND 1,561
OTHER EMPLOYEES AND THE POSITION AND COMPENSATION OF EACH AND THE 1,563
NUMBERS OF STUDENTS BY COURSES OF INSTRUCTION;
37
(4) AN ESTIMATE OF EXPENSES FOR THE ENSUING QUARTER; 1,566
(5) A STATEMENT OF THE GENERAL PROGRESS OF THE UNIVERSITY 1,568
OR COLLEGE WITH INDICATION OF ANY IMPROVEMENTS AND SPECIFICATION 1,569
OF ANY EXPERIMENTS WITH INSTITUTIONAL REFORM AND THE COSTS AND 1,570
RESULTS OF THOSE EXPERIMENTS; 1,571
(6) ANY OTHER MATTERS THE GOVERNANCE AUTHORITY CONSIDERS 1,573
USEFUL TO REPORT. 1,574
(G) THE ATTORNEY GENERAL SHALL BE THE LEGAL ADVISER TO THE 1,577
CONSERVATOR AND THE GOVERNANCE AUTHORITY, AND THE ATTORNEY 1,578
GENERAL MAY EMPLOY SPECIAL COUNSEL TO AID THE CONSERVATOR OR 1,579
GOVERNANCE AUTHORITY WITH RESPECT TO ANY LEGAL MATTER ON BEHALF 1,580
OF THE INSTITUTION. THE CONSERVATOR AND THE GOVERNANCE AUTHORITY 1,581
MAY AS OTHERWISE PROVIDED BY LAW REQUEST THE ATTORNEY GENERAL TO 1,582
BRING OR DEFEND SUITS OR PROCEEDINGS IN THE NAME OF THE 1,583
INSTITUTION.
Sec. 3345.76. (A) A GOVERNANCE AUTHORITY APPOINTED FOR A 1,586
STATE UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE REVISED 1,588
CODE AT LEAST ANNUALLY SHALL APPLY THE INDICATORS AND STANDARDS 1,590
ADOPTED UNDER DIVISION (B) OF SECTION 3345.73 OF THE REVISED CODE 1,593
TO DETERMINE WHETHER THE UNIVERSITY OR COLLEGE IS EXPERIENCING 1,594
SUFFICIENT FISCAL STABILITY TO WARRANT TERMINATING THAT 1,595
GOVERNANCE AUTHORITY IN ACCORDANCE WITH THIS SECTION. UPON 1,596
MAKING A DETERMINATION THAT TERMINATION OF THE GOVERNANCE 1,597
AUTHORITY IS WARRANTED, THE GOVERNANCE AUTHORITY SHALL CERTIFY 1,598
THIS DETERMINATION TO THE GOVERNOR. 1,599
A DETERMINATION BY A GOVERNANCE AUTHORITY UNDER THIS 1,601
DIVISION THAT SUFFICIENT FISCAL STABILITY EXISTS OR DOES NOT 1,602
EXIST TO WARRANT TERMINATING THAT GOVERNANCE AUTHORITY IS FINAL 1,604
AND CONCLUSIVE AND NOT APPEALABLE.
(B) THE GOVERNOR MAY ISSUE AN ORDER, EFFECTIVE AS PROVIDED 1,607
UNDER DIVISION (D) OF THIS SECTION, TERMINATING THE GOVERNANCE 1,609
AUTHORITY APPOINTED UNDER 3345.75 OF THE REVISED CODE, UPON THE 1,611
OCCURRENCE OF EITHER OF THE FOLLOWING:
(1) CERTIFICATION BY THE GOVERNANCE AUTHORITY FOR THAT 1,613
38
STATE UNIVERSITY OR COLLEGE THE TERMINATION OF THAT GOVERNANCE 1,614
AUTHORITY IS WARRANTED; 1,615
(2) A FINDING THAT IN THE GOVERNOR'S OPINION TERMINATION 1,618
OF THE GOVERNANCE AUTHORITY IS IN THE BEST INTERESTS OF THE 1,619
STATE, THAT STATE UNIVERSITY OR COLLEGE, AND THE STUDENTS OF THAT 1,620
STATE UNIVERSITY OR COLLEGE.
(C) UPON ISSUANCE OF AN ORDER UNDER DIVISION (B) OF THIS 1,624
SECTION, THE GOVERNOR SHALL FILL EACH VACANCY ON THE BOARD OF 1,625
TRUSTEES OF THE UNIVERSITY OR COLLEGE FOR THE UNEXPIRED PORTION 1,626
OF THE MEMBER'S TERM OR, IF THE TERM FOR THE MEMBER HAS ALREADY 1,627
EXPIRED, FOR THE UNEXPIRED PORTION OF THE SUCCEEDING TERM. 1,628
(D) THIRTY DAYS AFTER THE DATE ON WHICH THE OHIO BOARD OF 1,632
REGENTS DETERMINES THAT ALL VACANCIES ON THE BOARD OF TRUSTEES 1,633
HAVE BEEN FILLED, ALL AUTHORITY, RESPONSIBILITIES, DUTIES, AND 1,634
REFERENCES ASSUMED BY OR CONFERRED UPON THE GOVERNANCE AUTHORITY 1,635
OF THAT UNIVERSITY OR COLLEGE UNDER DIVISION (C) OF SECTION 1,637
3345.75 OF THE REVISED CODE TERMINATE AND ALL OF THE FOLLOWING 1,640
SHALL OCCUR:
(1) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR 1,642
COLLEGE BY THE BOARD OF TRUSTEES SHALL BE RESUMED; 1,643
(2) THE BOARD BECOMES THE SUCCESSOR TO, ASSUMES THE LAWFUL 1,645
OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE CONTINUATION OF THE 1,647
CONSERVATOR AND THE GOVERNANCE AUTHORITY FOR PURPOSES OF ALL 1,649
PENDING LEGAL ACTIONS, CONTRACTS OR OTHER AGREEMENTS, AND
OBLIGATIONS OF THE UNIVERSITY OR COLLEGE; 1,650
(3) WHEREVER THE CONSERVATOR OR THE GOVERNANCE AUTHORITY 1,653
IS REFERRED TO IN ANY CONTRACT OR LEGAL DOCUMENT, THE REFERENCE 1,655
IS DEEMED TO REFER TO THE BOARD OF TRUSTEES. NO VALIDATION,
CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY IS LOST 1,657
OR IMPAIRED BY REASON OF THE RESUMPTION BY THE BOARD OF TRUSTEES 1,658
OF THE AUTHORITY OF THE CONSERVATOR AND THE GOVERNANCE AUTHORITY, 1,660
AND ANY SUCH VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, 1,661
OBLIGATION, OR LIABILITY SHALL BE ADMINISTERED BY THE BOARD OF 1,662
TRUSTEES. NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE DATE 1,664
39
OF THE RESUMPTION BY THE BOARD OF TRUSTEES OF THE AUTHORITY OF 1,665
THE CONSERVATOR AND THE GOVERNANCE AUTHORITY IS AFFECTED BY THAT 1,667
RESUMPTION, AND ANY SUCH ACTION OR PROCEEDING SHALL BE PROSECUTED 1,668
OR DEFENDED IN THE NAME OF THE BOARD OF TRUSTEES. 1,669
(4) THE BOARD OF TRUSTEES RESUMES CUSTODY OF ALL 1,672
EQUIPMENT, RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL 1,673
OR PERSONAL OF THE STATE UNIVERSITY OR COLLEGE;
(5) EMPLOYMENT OF THE EXECUTIVE DIRECTOR APPOINTED FOR THE 1,676
UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE REVISED CODE 1,678
IS TERMINATED;
(6) THE DUTIES AND AUTHORITY OF THE PRESIDENT OR CHIEF 1,680
EXECUTIVE OFFICER OF THE UNIVERSITY OR COLLEGE SUSPENDED UNDER 1,682
DIVISION (C)(6) OF SECTION 3345.74 AND NOT REINSTATED UNDER 1,683
DIVISION (B)(2) OF SECTION 3345.75 OF THE REVISED CODE ARE 1,684
REINSTATED TO THE PERSON HOLDING THAT POSITION, UNLESS OTHERWISE 1,685
PROVIDED FOR BY THE BOARD OF TRUSTEES. 1,686
Sec. 3345.77. NOTWITHSTANDING ANY SECTION OF THE REVISED 1,689
CODE, A CONTRACT OF EMPLOYMENT ENTERED INTO ON OR AFTER THE 1,690
EFFECTIVE DATE OF THIS SECTION BETWEEN THE BOARD OF TRUSTEES OF A 1,691
STATE UNIVERSITY OR COLLEGE AND THE PRESIDENT OR CHIEF EXECUTIVE 1,692
OFFICER OF THAT UNIVERSITY OR COLLEGE SHALL PROVIDE FOR THE 1,693
PERFORMANCE EVALUATION, THE SUSPENSION OF THE AUTHORITY, DUTIES, 1,694
AND PAY, AND THE TERMINATION OF THE EMPLOYMENT CONTRACT OF THE 1,695
PRESIDENT OR CHIEF EXECUTIVE OFFICER AS PROVIDED UNDER DIVISIONS 1,696
(C) AND (D) OF SECTION 3345.74 AND DIVISION (B)(2) OF SECTION 1,699
3345.75 OF THE REVISED CODE. 1,701
Sec. 3345.78. NO CURRENT OR FORMER EMPLOYEE OR CURRENT OR 1,703
FORMER OFFICER OF A STATE UNIVERSITY OR COLLEGE SHALL KNOWINGLY 1,704
CONCEAL ANY INFORMATION FROM, WITHHOLD ANY INFORMATION REQUESTED 1,705
BY, FALSIFY ANY INFORMATION TO, OR IMPEDE THE WORK OF ANY OF THE 1,706
FOLLOWING:
(A) A CONSERVATOR, GOVERNANCE AUTHORITY, OR EXECUTIVE 1,708
DIRECTOR APPOINTED FOR THE INSTITUTION UNDER SECTION 3345.74 OR 1,709
3345.75 OF THE REVISED CODE;
40
(B) ANY PERSONNEL APPOINTED BY THE CONSERVATOR OR 1,711
EXECUTIVE DIRECTOR UNDER DIVISION (F) OF SECTION 3345.74 OR 1,712
DIVISION (B)(1) OF SECTION 3345.75 OF THE REVISED CODE. 1,713
Sec. 3345.99. (A) Whoever violates section 3345.13 of the 1,722
Revised Code shall be fined not less than fifty nor more than one 1,723
hundred fifty dollars.
(B) Whoever violates division (A) or (B) of section 1,725
3345.34 of the Revised Code is guilty of a misdemeanor of the 1,726
first degree.
(C) WHOEVER VIOLATES SECTION 3345.78 OF THE REVISED CODE 1,728
IS GUILTY OF A FELONY OF THE FOURTH DEGREE. 1,729
Section 2. That existing sections 101.72, 102.02, 102.022, 1,731
102.03, 126.21, 2907.03, 3345.011, 3345.09, 3345.61, and 3345.99 1,732
and section 3345.031 of the Revised Code are hereby repealed. 1,734
Section 3. Under division (B) of section 119.03 of the 1,736
Revised Code, the Ohio Board of Regents shall initially file 1,737
proposed rules pursuant to sections 3345.72 and 3345.73 and 1,738
division (F) of section 3345.75 of the Revised Code no later than 1,739
thirty days after the effective date of this act.
Section 4. All items in this section are hereby 1,741
appropriated as designated out of any moneys in the state 1,742
treasury to the credit of the General Revenue Fund. For all 1,743
appropriations made in this act, those in the first column are
for fiscal year 1996 and those in the second column are for 1,744
fiscal year 1997. The appropriations made in this act are in 1,745
addition to any other appropriations made for the 1995-1997 1,746
biennium.
OBM OFFICE OF BUDGET AND MANAGEMENT 1,747
General Revenue Fund 1,750
GRF 042-407 Central State Deficit 1,752
Reduction $ 0 $ 10,300,000 1,754
Total GRF $ 0 $ 10,300,000 1,757
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 10,300,000 1,760
Central State Deficit Reduction 1,763
41
In order to facilitate the preparation of audited financial 1,765
statements for fiscal year 1997 and prior to any release of funds 1,766
from the foregoing appropriation item 042-407, Central State 1,768
Deficit Reduction, by the Director of Budget and Management, the
university shall submit a Fiscal Recovery Plan. The plan, as 1,769
defined by the Director, shall include among other items: 1,770
(A) A balanced budget for all funds of the university for 1,772
fiscal year 1997;
(B) A detailed set of work tasks and deliverables with due 1,774
dates aimed at strengthening internal and budgetary controls; 1,775
(C) A detailed description of how the funds will be 1,777
expended;
(D) Specific actions that will be taken to establish 1,779
segregated cash fund accounting requirements consistent with 1,780
Generally Accepted Accounting Principles applicable to Public 1,781
Colleges and Universities.
In achieving a balanced fiscal year 1997 budget, the board of 1,785
trustees shall maintain its declared state of financial exigency,
make budget reallocations by means other than uniform, 1,786
across-the-board budget reductions or solely from nonsalary 1,787
sources, give priority to funding requests in support of general 1,788
undergraduate education, reduce academic support units before 1,789
academic programs, and take such other action that may include,
but is not limited to, reducing the number of faculty and staff 1,791
as appropriate. Upon receiving these funds or a portion of the 1,792
funds, Central State University's first priority shall be to pay 1,793
off and close out all past due vendor debts.
The Director of Budget and Management shall appoint a 1,795
financial supervisor to monitor adherence to the plan and advise 1,796
the Director on the financial status of the university. With the 1,797
full cooperation of Central State University, the financial 1,798
supervisor shall prepare reports on the progress of the
university in the implementation of its Fiscal Recovery Plan. 1,799
Within ten days after the end of each month, the university shall 1,800
42
prepare a payables report delineating by fund and vendor all 1,801
outstanding payables owed by the university. A comparative 1,802
analysis by month should also be presented with rationale 1,803
provided for the variances reflected for changes from the
previous month. 1,804
Notwithstanding Section 92.10 of Am. Sub. H.B. 117 of the 1,806
121st General Assembly, as amended by Am. Sub. S.B. 310 of the 1,807
121st General Assembly, Central State University shall not be 1,808
required to repay the $1,500,000 loan approved by the Controlling 1,809
Board in fiscal year 1995 from the Emergency Purposes 1,810
appropriation line item.
Within the limits set forth in this act, the Director shall 1,812
establish accounts indicating the source and amount of funds for 1,813
each appropriation made in this act, and shall determine the form 1,814
and manner in which appropriation accounts shall be maintained. 1,815
Expenditures from appropriations contained in this act shall be 1,816
accounted for as though made in Am. Sub. H.B. 117 of the 121st
General Assembly. 1,817
The appropriations made in this act are subject to all 1,819
provisions of Am. Sub. H.B. 117 of the 121st General Assembly 1,820
that are generally applicable to such appropriations. It is the 1,821
intent of the General Assembly to provide these funds to Central 1,822
State University in order for the institution to remain open
until the end of fiscal year 1997. The passage of this act shall 1,823
not bind the General Assembly to make appropriations for these 1,825
purposes in subsequent years.
Section 5. The General Assembly hereby declares that this 1,827
act is intended to protect the safety, health, and welfare of the 1,828
public.
Section 6. Except for Section 4 of this act, which 1,830
appropriates money, the codified and uncodified sections of law 1,831
contained in this act are subject to the referendum. Therefore, 1,832
under Ohio Constitution, Article II, Section 1c and section 1.471 1,833
of the Revised Code, the codified and uncodified sections of law 1,834
43
contained in this act, except Section 4 of this act, take effect
on the ninety-first day after this act is filed with the 1,835
Secretary of State. If, however, a referendum petition is filed 1,836
against a section, the section, unless rejected at the 1,837
referendum, takes effect at the earliest time permitted by law. 1,838
Section 4 of this act, which appropriates money, is not 1,840
subject to the referendum. Therefore, under Ohio Constitution, 1,841
Article II, Section 1d and section 1.471 of the Revised Code, 1,842
Section 4 of this act goes into immediate effect when this act 1,843
becomes law.
Section 7. Section 102.02 of the Revised Code is presented 1,845
in this act as a composite of the section as amended by both Am. 1,847
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 1,849
letters. This is in recognition of the principle stated in 1,850
division (B) of section 1.52 of the Revised Code that such 1,851
amendments are to be harmonized where not substantively 1,852
irreconcilable and constitutes a legislative finding that such is 1,853
the resulting version in effect prior to the effective date of 1,854
this act.