H. B. No. 181 As Introduced

Representatives Schaffer, McGregor, Willamowski, Allen, Flowers, Brinkman, C. Evans, Setzer, Wolpert, Aslanides, G. Smith, Buehrer

A BILL

To enact sections 3.16 and 2961.02 of the Revised 1
Code to permit the Governor to suspend from office 2
in accordance with a specified procedure any 3
elected local government official charged with a 4
felony related to the official's administration 5
of, or conduct in the performance of the duties 6
of, the office and to prohibit a person who is 7
convicted of certain theft offenses, or any other 8
felony or recent misdemeanor involving fraud, 9
deceit, or theft, from holding a public office or 10
position of public employment, or serving in 11
certain unpaid volunteer positions, that involve 12
substantial management or control of certain 13
public or private property. 14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3.16 and 2961.02 of the Revised Code 15
be enacted to read as follows: 16

       Sec. 3.16. (A) As used in this section: 17

       (1) "Prosecuting attorney" means the prosecuting attorney of 18
the county in which the public official serves. 19

       (2) "Public official" means any elected officer of a 20
political subdivision as defined in section 2744.01 of the Revised 21
Code. 22

        (B)(1) If a public official is charged with a felony in a 23
state or federal court and if the attorney general, if the 24
attorney general is prosecuting the case, or prosecuting attorney 25
with responsibility to prosecute the case determines that the 26
felony relates to the public official's administration of, or 27
conduct in the performance of the duties of, the office of the 28
public official, the attorney general, if the attorney general is 29
prosecuting the case, or prosecuting attorney with responsibility 30
to prosecute the case shall transmit a copy of the charging 31
document to the governor with a request that the governor proceed 32
as provided in this section. 33

       Upon receipt of the attorney general's or prosecuting 34
attorney's request, the governor shall provide the public official 35
with a written notice that, not later than fourteen days after the 36
date of the notice, the public official may file with the governor 37
a written statement either voluntarily authorizing the governor to 38
suspend the public official from office or setting forth the 39
reasons why the public official should not be suspended from 40
office. If the public official so authorizes a suspension from 41
office, the governor shall authorize the voluntary suspension, but 42
still proceed with appointing the special commission described in 43
division (B)(2) of this section and follow the other procedures 44
set forth in this section. 45

       (2) Not sooner than fourteen days after receipt of the 46
attorney general's or prosecuting attorney's request, the governor 47
shall appoint a special commission that, except as otherwise 48
provided in this division, shall be composed of the attorney 49
general and two public officials who hold the same office as the 50
charged public official. At least one commission member shall be 51
of the same political party as the charged public official. 52
Members of the commission shall receive no compensation for their 53
services but shall be reimbursed for any expenses incurred in 54
connection with commission functions from funds appropriated to 55
the governor's office. If the attorney general is prosecuting the 56
case against the charged public official, the attorney general 57
shall not serve on the commission, and the governor shall instead 58
appoint to the commission a retired justice of the supreme court 59
or a retired judge of a court of appeals of this state. 60

        (C) Once appointed, a special commission shall make the 61
determination required by this division and file a written report 62
of its findings and that determination with the governor within 63
fourteen days, unless the governor grants the commission a longer 64
period of time to take this action. The commission shall determine 65
whether the public official's administration of, or conduct in the 66
performance of the duties of, the official's office, as covered by 67
the charges, adversely affects the functioning of that office and 68
whether the rights and interests of the public are adversely 69
affected thereby. If the commission so determines, it shall 70
include in its report a recommendation that the public official be 71
suspended from office. 72

        Notwithstanding anything to the contrary in section l2l.22 of 73
the Revised Code, all meetings of the special commission shall be 74
closed to the public. Notwithstanding anything to the contrary in 75
section 149.43 of the Revised Code, the records of the commission 76
shall not be made available to the public for inspection or 77
copying until the commission files its report with the governor. 78

        (D) The governor shall review the findings, determination, 79
and recommendation of the special commission and, if, and only if, 80
the commission recommends the suspension of the charged public 81
official, may suspend the public official from office immediately, 82
without the need for any further action. That suspension shall 83
continue until one of the following occurs: the public official is 84
reinstated to office as provided in division (E) of this section; 85
all charges are disposed of by dismissal or by a finding or 86
findings of not guilty; or a successor is elected and qualified to 87
serve the next succeeding term of the public official's office. 88

        If a special commission does not recommend the suspension of 89
a public official who previously was voluntarily suspended from 90
office under division (B) of this section, or if the governor, 91
after reviewing a special commission's recommendation to suspend, 92
determines not to continue the suspension of a public official who 93
previously was voluntarily suspended from office under division 94
(B) of this section, that public official's voluntary suspension 95
shall end immediately upon the governor's review of the 96
commission's recommendation not to suspend or upon the governor's 97
determination not to continue the voluntary suspension. 98

        (E) If the governor suspends a public official from office 99
under division (D) of this section or continues under that 100
division the suspension of a public official who was voluntarily 101
suspended from office under division (B) of this section, the 102
public official may petition the governor to reappoint the special 103
commission involved to again review the official's suspension. The 104
governor, in the governor's discretion, may reappoint the 105
commission to review the suspension. If it is reappointed, the 106
commission, within fourteen days of the reappointment, shall make 107
a determination and file a written report of the determination, 108
its findings, and its recommendation as described in division (C) 109
of this section. If the commission recommends that the suspension 110
of the public official not be continued, the public official shall 111
be immediately reinstated to office. 112

        (F) Any public official suspended from office under this 113
section shall continue to receive while suspended the compensation 114
that the official is entitled to receive for holding that office 115
until the public official pleads guilty to or is found guilty of 116
any felony with which the public official is charged. For the 117
duration of the public official's suspension, a replacement 118
official shall be appointed or elected to perform the public 119
official's duties of office in the manner provided by law for 120
filling a vacancy in that office. The replacement official shall 121
have all of the rights, powers, and responsibilities of, and shall 122
be entitled to the same rate of pay as, the suspended public 123
official. 124

       Sec. 2961.02. (A) As used in this section: 125

       (1) "Disqualifying offense" means an offense that has both of 126
the following characteristics: 127

       (a) It is one of the following: 128

       (i) A theft offense that is a felony or that is a misdemeanor 129
of the first, second, or third degree the conviction of which 130
occurred not more than ten years before the holding of the public 131
office or position of public employment or the serving as a 132
volunteer; 133

       (ii) A felony or a misdemeanor under the laws of this state, 134
another state, or the United States, or under the ordinances of a 135
municipal corporation of this state or another state, that is not 136
covered by division (A)(1)(a)(i) of this section, that involves 137
fraud, deceit, or theft, and that, in the case of a misdemeanor, 138
the conviction of which occurred not more than ten years before 139
the holding of the public office or position of public employment 140
or the serving as a volunteer. 141

       (b) It is an offense for which the laws of this state, 142
another state, or the United States do not otherwise contain a 143
provision specifying permanent disqualification, or 144
disqualification for a specified period, from holding a public 145
office or position of public employment, or from serving as an 146
unpaid volunteer, as a result of conviction of the offense, 147
including, but not limited to, a provision such as that in 148
division (C)(1) of section 2921.41 of the Revised Code. 149

       (2) "Political subdivision" has the same meaning as in 150
section 2744.01 of the Revised Code. 151

       (3) "Private entity" includes an individual, corporation, 152
limited liability company, business trust, estate, trust, 153
partnership, or association that receives any funds from a state 154
agency or political subdivision to perform an activity on behalf 155
of the state agency or political subdivision. 156

       (4) "State agency" has the same meaning as in section 1.60 of 157
the Revised Code. 158

       (5) "Theft offense" has the same meaning as in section 159
2913.01 of the Revised Code. 160

       (6) "Volunteer" means a person who serves as a volunteer 161
without compensation with a state agency or political subdivision, 162
or who serves as a volunteer without compensation with a private 163
entity, including, but not limited to, an uncompensated auxiliary 164
police officer, auxiliary deputy sheriff, or volunteer 165
firefighter. 166

       (B) Any person who is convicted of a disqualifying offense is 167
incompetent to hold a public office or position of public 168
employment or to serve as a volunteer, if holding the public 169
office or position of public employment or serving as the 170
volunteer involves substantial management or control over the 171
property of a state agency, political subdivision, or private 172
entity. 173

       (C) Division (B) of this section does not apply if a 174
conviction of a disqualifying offense is reversed, expunged, or 175
annulled. The full pardon of a person convicted of a disqualifying 176
offense restores the privileges forfeited under division (B) of 177
this section, but the pardon does not release the person from the 178
costs of the person's conviction in this state, unless so 179
specified. 180

Section 1. That sections 3.16 and 2961.02 of the Revised Code	15
be enacted to read as follows:	16

(1) "Prosecuting attorney" means the prosecuting attorney of	18
the county in which the public official serves.	19

(2) "Public official" means any elected officer of a	20
political subdivision as defined in section 2744.01 of the Revised	21
Code.	22

(B)(1) If a public official is charged with a felony in a	23
state or federal court and if the attorney general, if the	24
attorney general is prosecuting the case, or prosecuting attorney	25
with responsibility to prosecute the case determines that the	26
felony relates to the public official's administration of, or	27
conduct in the performance of the duties of, the office of the	28
public official, the attorney general, if the attorney general is	29
prosecuting the case, or prosecuting attorney with responsibility	30
to prosecute the case shall transmit a copy of the charging	31
document to the governor with a request that the governor proceed	32
as provided in this section.	33

Upon receipt of the attorney general's or prosecuting	34
attorney's request, the governor shall provide the public official	35
with a written notice that, not later than fourteen days after the	36
date of the notice, the public official may file with the governor	37
a written statement either voluntarily authorizing the governor to	38
suspend the public official from office or setting forth the	39
reasons why the public official should not be suspended from	40
office. If the public official so authorizes a suspension from	41
office, the governor shall authorize the voluntary suspension, but	42
still proceed with appointing the special commission described in	43
division (B)(2) of this section and follow the other procedures	44
set forth in this section.	45

(2) Not sooner than fourteen days after receipt of the	46
attorney general's or prosecuting attorney's request, the governor	47
shall appoint a special commission that, except as otherwise	48
provided in this division, shall be composed of the attorney	49
general and two public officials who hold the same office as the	50
charged public official. At least one commission member shall be	51
of the same political party as the charged public official.	52
Members of the commission shall receive no compensation for their	53
services but shall be reimbursed for any expenses incurred in	54
connection with commission functions from funds appropriated to	55
the governor's office. If the attorney general is prosecuting the	56
case against the charged public official, the attorney general	57
shall not serve on the commission, and the governor shall instead	58
appoint to the commission a retired justice of the supreme court	59
or a retired judge of a court of appeals of this state.	60

(C) Once appointed, a special commission shall make the	61
determination required by this division and file a written report	62
of its findings and that determination with the governor within	63
fourteen days, unless the governor grants the commission a longer	64
period of time to take this action. The commission shall determine	65
whether the public official's administration of, or conduct in the	66
performance of the duties of, the official's office, as covered by	67
the charges, adversely affects the functioning of that office and	68
whether the rights and interests of the public are adversely	69
affected thereby. If the commission so determines, it shall	70
include in its report a recommendation that the public official be	71
suspended from office.	72

Notwithstanding anything to the contrary in section l2l.22 of	73
the Revised Code, all meetings of the special commission shall be	74
closed to the public. Notwithstanding anything to the contrary in	75
section 149.43 of the Revised Code, the records of the commission	76
shall not be made available to the public for inspection or	77
copying until the commission files its report with the governor.	78

(D) The governor shall review the findings, determination,	79
and recommendation of the special commission and, if, and only if,	80
the commission recommends the suspension of the charged public	81
official, may suspend the public official from office immediately,	82
without the need for any further action. That suspension shall	83
continue until one of the following occurs: the public official is	84
reinstated to office as provided in division (E) of this section;	85
all charges are disposed of by dismissal or by a finding or	86
findings of not guilty; or a successor is elected and qualified to	87
serve the next succeeding term of the public official's office.	88

If a special commission does not recommend the suspension of	89
a public official who previously was voluntarily suspended from	90
office under division (B) of this section, or if the governor,	91
after reviewing a special commission's recommendation to suspend,	92
determines not to continue the suspension of a public official who	93
previously was voluntarily suspended from office under division	94
(B) of this section, that public official's voluntary suspension	95
shall end immediately upon the governor's review of the	96
commission's recommendation not to suspend or upon the governor's	97
determination not to continue the voluntary suspension.	98

(E) If the governor suspends a public official from office	99
under division (D) of this section or continues under that	100
division the suspension of a public official who was voluntarily	101
suspended from office under division (B) of this section, the	102
public official may petition the governor to reappoint the special	103
commission involved to again review the official's suspension. The	104
governor, in the governor's discretion, may reappoint the	105
commission to review the suspension. If it is reappointed, the	106
commission, within fourteen days of the reappointment, shall make	107
a determination and file a written report of the determination,	108
its findings, and its recommendation as described in division (C)	109
of this section. If the commission recommends that the suspension	110
of the public official not be continued, the public official shall	111
be immediately reinstated to office.	112

(F) Any public official suspended from office under this	113
section shall continue to receive while suspended the compensation	114
that the official is entitled to receive for holding that office	115
until the public official pleads guilty to or is found guilty of	116
any felony with which the public official is charged. For the	117
duration of the public official's suspension, a replacement	118
official shall be appointed or elected to perform the public	119
official's duties of office in the manner provided by law for	120
filling a vacancy in that office. The replacement official shall	121
have all of the rights, powers, and responsibilities of, and shall	122
be entitled to the same rate of pay as, the suspended public	123
official.	124

(1) "Disqualifying offense" means an offense that has both of	126
the following characteristics:	127

(i) A theft offense that is a felony or that is a misdemeanor	129
of the first, second, or third degree the conviction of which	130
occurred not more than ten years before the holding of the public	131
office or position of public employment or the serving as a	132
volunteer;	133

(ii) A felony or a misdemeanor under the laws of this state,	134
another state, or the United States, or under the ordinances of a	135
municipal corporation of this state or another state, that is not	136
covered by division (A)(1)(a)(i) of this section, that involves	137
fraud, deceit, or theft, and that, in the case of a misdemeanor,	138
the conviction of which occurred not more than ten years before	139
the holding of the public office or position of public employment	140
or the serving as a volunteer.	141

(b) It is an offense for which the laws of this state,	142
another state, or the United States do not otherwise contain a	143
provision specifying permanent disqualification, or	144
disqualification for a specified period, from holding a public	145
office or position of public employment, or from serving as an	146
unpaid volunteer, as a result of conviction of the offense,	147
including, but not limited to, a provision such as that in	148
division (C)(1) of section 2921.41 of the Revised Code.	149

(2) "Political subdivision" has the same meaning as in	150
section 2744.01 of the Revised Code.	151

(3) "Private entity" includes an individual, corporation,	152
limited liability company, business trust, estate, trust,	153
partnership, or association that receives any funds from a state	154
agency or political subdivision to perform an activity on behalf	155
of the state agency or political subdivision.	156

(4) "State agency" has the same meaning as in section 1.60 of	157
the Revised Code.	158

(5) "Theft offense" has the same meaning as in section	159
2913.01 of the Revised Code.	160

(6) "Volunteer" means a person who serves as a volunteer	161
without compensation with a state agency or political subdivision,	162
or who serves as a volunteer without compensation with a private	163
entity, including, but not limited to, an uncompensated auxiliary	164
police officer, auxiliary deputy sheriff, or volunteer	165
firefighter.	166

(B) Any person who is convicted of a disqualifying offense is	167
incompetent to hold a public office or position of public	168
employment or to serve as a volunteer, if holding the public	169
office or position of public employment or serving as the	170
volunteer involves substantial management or control over the	171
property of a state agency, political subdivision, or private	172
entity.	173

(C) Division (B) of this section does not apply if a	174
conviction of a disqualifying offense is reversed, expunged, or	175
annulled. The full pardon of a person convicted of a disqualifying	176
offense restores the privileges forfeited under division (B) of	177
this section, but the pardon does not release the person from the	178
costs of the person's conviction in this state, unless so	179
specified.	180