Sub. H. B. No. 181 As Passed by the Senate

Representatives Schaffer, McGregor, Willamowski, Allen, Flowers, Brinkman, C. Evans, Setzer, Wolpert, Aslanides, G. Smith, Buehrer, Carmichael, Collier, Daniels, Domenick, D. Evans, Faber, Gibbs, Gilb, Hartnett, Harwood, Key, Niehaus, Olman, Otterman, Seaver, Sferra

Senators Austria, Jacobson, Spada

A BILL

To amend sections 101.34, 102.01, 102.02, 102.031, 1
102.06, and 102.99 and to enact sections 3.16, 2
102.021, and 2961.02 of the Revised Code to permit 3
a special commission of retired judges appointed 4
by the Chief Justice of the Supreme Court to 5
suspend from office in accordance with a specified 6
procedure any elected local government official, 7
other than a judge, charged with a felony related 8
to the official's administration of, or conduct in 9
the performance of the duties of, the office; to 10
prohibit a person who is convicted of certain 11
felony theft offenses, or any other felony 12
involving fraud, deceit, or theft, from holding a 13
public office or position of public employment or 14
from serving in certain unpaid volunteer 15
positions, that involve substantial management or 16
control of certain public or private property; and 17
to require former state elected officers and staff 18
members who were required to file financial 19
disclosure statements to continue for a 20
twenty-four month period to report specified 21
information relating to certain income, gifts, and 22
expenditures. 23

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

       Section 1. That sections 101.34, 102.01, 102.02, 102.031, 24
102.06, and 102.99 be amended and sections 3.16, 102.021, and 25
2961.02 of the Revised Code be enacted to read as follows: 26

       Sec. 3.16. (A) As used in this section: 27

       (1) "Prosecuting attorney" means the prosecuting attorney of 28
the county in which a public official who is charged as described 29
in division (B) of this section serves. 30

       (2) "Public official" means any elected officer of a 31
political subdivision as defined in section 2744.01 of the Revised 32
Code. "Public official" does not include a judge of a court of 33
record. 34

        (B)(1) If a public official is charged with a felony in a 35
state or federal court and if the attorney general, if the 36
attorney general is prosecuting the case, or prosecuting attorney 37
with responsibility to prosecute the case determines that the 38
felony relates to the public official's administration of, or 39
conduct in the performance of the duties of, the office of the 40
public official, the attorney general, if the attorney general is 41
prosecuting the case, or prosecuting attorney with responsibility 42
to prosecute the case shall transmit a copy of the charging 43
document to the chief justice of the supreme court with a request 44
that the chief justice proceed as provided in division (C) of this 45
section. If the attorney general or the prosecuting attorney 46
transmits a copy of the charging document to the chief justice, a 47
copy also shall be sent to the attorney general if the prosecuting 48
attorney transmits the copy to the chief justice or to the 49
prosecuting attorney of the county in which the public official 50
holds office if the attorney general transmits the copy to the 51
chief justice. 52

       (2) Upon transmitting a copy of a charging document and a 53
request to the chief justice of the supreme court under division 54
(B)(1)(a) or (b) of this section, the attorney general or 55
prosecuting attorney shall provide the public official with a 56
written notice that, not later than fourteen days after the date 57
of the notice, the public official may file with the attorney 58
general or prosecuting attorney, whichever sent the notice, a 59
written statement either voluntarily authorizing the attorney 60
general or prosecuting attorney to prepare a judgment entry for 61
the judge presiding in the case to provisionally suspend the 62
public official from office or setting forth the reasons why the 63
public official should not be suspended from office. 64

       If the public official voluntarily authorizes the attorney 65
general or prosecuting attorney to prepare a judgment entry for 66
the judge presiding in the case to provisionally suspend the 67
public official from office as described in this division, the 68
attorney general or prosecuting attorney shall prepare a judgment 69
entry for the judge presiding in the case to provisionally suspend 70
the public official from office immediately upon receipt of the 71
judement entry and shall notify the chief justice of the supreme 72
court of the provisional suspension. Upon receipt of the judgment 73
entry, the judge presiding in the case shall sign the judgment 74
entry and file the signed judgment entry in the case. The signing 75
and filing of the judgment entry provisionally suspends the public 76
official from office. The attorney general's or prosecuting 77
attorney's request to the chief justice that was made under 78
division (B)(1) of this section remains applicable regarding the 79
public official, and the chief justice shall establish a special 80
commission pursuant to division (C)(1) of this section. A 81
provisional suspension imposed under this division shall remain in 82
effect until the special commission established by the chief 83
justice enters its judgment under division (C)(3) of this section. 84
After the special commission so enters its judgment, divisions 85
(C)(3) and (4) of this section shall govern the continuation of 86
the suspension. Division (E) of this section applies to a 87
provisional suspension imposed under this division. 88

       If the public official files a written statement setting 89
forth the reasons why the public official should not be suspended 90
from office, the public official shall not be provisionally 91
suspended from office, and the attorney general or prosecuting 92
attorney, whichever sent the notice to the public official, shall 93
transmit a copy of the public official's written statement to the 94
chief justice of the supreme court. The attorney general's or 95
prosecuting attorney's request to the chief justice that was made 96
under division (B)(1) of this section remains applicable regarding 97
the public official, and the chief justice shall establish a 98
special commission pursuant to division (C)(1) of this section. 99

       (C)(1) Not sooner than fourteen days after the chief 100
justice's receipt of the attorney general's or prosecuting 101
attorney's request under division (B)(1) of this section, the 102
chief justice shall establish a special commission composed of 103
three retired justices or judges of a court of record. A special 104
commission established under this division is an administrative 105
agency. The chief justice shall appoint the members of the special 106
commission and shall provide to the special commission all 107
documents and materials pertaining to the matter that were 108
received from the attorney general or prosecuting attorney under 109
division (B)(1) or (2) of this section. At least one member of the 110
special commission shall be of the same political party as the 111
public official. Members of the special commission shall receive 112
compensation for their services, and shall be reimbursed for any 113
expenses incurred in connection with special commission functions, 114
from funds appropriated to the attorney general's office. 115

        (2) Once established under division (C)(1) of this section, a 116
special commission shall review the document that charges the 117
public official with the felony, all other documents and materials 118
pertaining to the matter that were provided by the chief justice 119
under division (C)(1) of this section, and the facts and 120
circumstances related to the offense charged. Within fourteen days 121
after it is established, the special commission shall make a 122
preliminary determination as to whether the public official's 123
administration of, or conduct in the performance of the duties of, 124
the official's office, as covered by the charges, adversely 125
affects the functioning of that office or adversely affects the 126
rights and interests of the public and, as a result, whether the 127
public official should be suspended from office. Upon making the 128
preliminary determination, the special commission immediately 129
shall provide the public official with notice of the preliminary 130
determination. The notice may be in writing, by telephone, or in 131
another manner. If the preliminary determination is that the 132
public official's administration of, or conduct in the performance 133
of the duties of, the official's office, as covered by the 134
charges, does not adversely affect the functioning of the office 135
or adversely affect the rights and interests of the public, the 136
preliminary determination automatically shall become the special 137
commission's final determination for purposes of division (C)(3) 138
of this section. If the preliminary determination is that the 139
public official's administration of, or conduct in the performance 140
of the duties of, the official's office, as covered by the 141
charges, adversely affects the functioning of the office or 142
adversely affects the rights and interests of the public and that 143
the public official should be suspended from office, the notice 144
shall inform the public official that the public official may 145
contest the preliminary determination by filing with the special 146
commission and within fourteen days after the date of the notice 147
to the public official a notice contesting the determination. 148

        If the public official files a notice contesting the 149
preliminary determination within fourteen days after the date of 150
the notice to the public official, the public official may review 151
the reasons and evidence for the determination and may appear at a 152
meeting of the special commission to contest the determination and 153
present the public official's position on the matter. The meeting 154
of the special commission shall be held not later than fourteen 155
days after the public official files the notice contesting the 156
preliminary determination. The public official has a right to be 157
accompanied by an attorney while appearing before the special 158
commission, but the attorney is not entitled to act as counsel or 159
advocate for the public official before the special commission or 160
to present evidence or examine or cross-examine witnesses before 161
the special commission. At the conclusion of the meeting, the 162
special commission shall make a final determination as to whether 163
the public official's administration of, or conduct in the 164
performance of the duties of, the official's office, as covered by 165
the charges, adversely affects the functioning of the office or 166
adversely affects the rights and interests of the public and, as a 167
result, whether the public official should be suspended from 168
office and shall proceed in accordance with division (C)(3) of 169
this section. 170

        If the public official does not file a notice contesting the 171
determinations within fourteen days after the date of the notice 172
to the public official, the special commission's preliminary 173
determination automatically shall become its final determination 174
for purposes of division (C)(3) of this section. 175

        Notwithstanding anything to the contrary in section l2l.22 of 176
the Revised Code, all meetings of the special commission shall be 177
closed to the public. Notwithstanding anything to the contrary in 178
section 149.43 of the Revised Code, the records of the special 179
commission shall not be made available to the public for 180
inspection or copying until the special commission issues its 181
written report under this division. 182

       (3) Upon making the final determination described in division 183
(C)(2) of this section regarding a public official who is charged 184
with a felony, including, if applicable, conducting a meeting 185
pursuant to that division for the public official to contest the 186
preliminary determination, the special commission shall issue a 187
written report that sets forth its findings and final 188
determination. The special commission shall send the report by 189
certified mail to the public official, the attorney general if the 190
attorney general is prosecuting the case or the prosecuting 191
attorney with responsibility to prosecute the case, whichever is 192
applicable, and any other person that the special commission 193
determines to be appropriate. Upon the issuance of the report, one 194
of the following applies: 195

       (a) If the special commission in its final determination does 196
not determine that the public official's administration of, or 197
conduct in the performance of the duties of, the official's 198
office, as covered by the charges, adversely affects the 199
functioning of that office or adversely affects the rights and 200
interests of the public, the special commission shall include in 201
the report a statement to that effect, and the public official 202
shall not be suspended from office. If the public official was 203
provisionally suspended from office under division (B)(2) of this 204
section, the provisional suspension shall terminate immediately 205
upon the issuance of the report. 206

       (b) If the special commission in its final determination 207
determines that the public official's administration of, or 208
conduct in the performance of the duties of, the official's 209
office, as covered by the charges, adversely affects the 210
functioning of that office or adversely affects the rights and 211
interests of the public, the special commission shall include in 212
the report a holding that the public official be suspended from 213
office. The holding that the public official be suspended from 214
office and the suspension take effect immediately upon the special 215
commission's issuance of the report. If the public official was 216
provisionally suspended from office under division (B)(2) of this 217
section, the holding that the public official be suspended from 218
office shall continue the suspension immediately upon the special 219
commission's issuance of the report. The report and holding shall 220
have the same force and effect as a judgment of a court of record. 221

       (4) A suspension imposed or continued under division (C)(3) 222
of this section shall continue until one of the following occurs: 223

       (a) The public official is reinstated to office by an appeal 224
as provided in division (D) of this section; 225

       (b) All charges are disposed of by dismissal or by a finding 226
or findings of not guilty; 227

       (c) A successor is elected and qualified to serve the next 228
succeeding term of the public official's office. 229

       (D) If a special commission issues a written report and 230
holding pursuant to division (C)(3)(b) of this section that 231
suspends a public official from office or that continues a 232
provisional suspension imposed under division (B)(2) of this 233
section, the public official may appeal the report and holding to 234
the supreme court. The public official shall take the appeal by 235
filing within thirty days of the date on which the report is 236
issued a notice of appeal with the supreme court and the special 237
commission. Unless waived, notice of the appeal shall be served 238
upon all persons to whom the report was sent under division (C)(3) 239
of this section. The special commission, upon written demand filed 240
by the public official, shall file with the supreme court, within 241
thirty days after the filing of the demand, a certified transcript 242
of the proceedings of the special commission pertaining to the 243
report and the evidence considered by the special commission in 244
making its decision. 245

       The supreme court shall consider an appeal under this 246
division on an expedited basis. If the public official appeals the 247
report and holding, the appeal itself does not stay the operation 248
of the suspension imposed or continued under the report and 249
holding. If, upon hearing and consideration of the record and 250
evidence, the supreme court decides that the determinations and 251
findings of the special commission are reasonable and lawful, the 252
court shall affirm the special commission's report and holding and 253
the suspension and shall enter final judgment in accordance with 254
its decision. If the public official subsequently pleads guilty to 255
or is found guilty of any felony with which the public official 256
was charged, the public official is liable for any amount of 257
compensation paid to the official during the suspension, with the 258
liability relating back to the date of the original suspension 259
under the special commission's report and holding, and the amount 260
of that liability may be recovered as provided in division (E) of 261
this section. If, upon hearing and consideration of the record and 262
evidence, the supreme court decides that the determinations and 263
findings of the special commission are unreasonable or unlawful, 264
the court shall reverse and vacate the special commission's report 265
and holding and the suspension, reinstate the public official, and 266
enter final judgment in accordance with its decision. 267

       The clerk of the supreme court shall certify the judgment of 268
the court to the special commission. Upon receipt of the judgment, 269
the special commission shall certify the judgment to all persons 270
to whom the special commission's report was certified under 271
division (C)(3) of this section and shall certify the judgment to 272
all other public officials or take any other action in connection 273
with the judgment as is required to give effect to it. 274

        (E) Any public official suspended from office under this 275
section shall not exercise any of the rights, powers, or 276
responsibilities of the holder of that office during the period of 277
the suspension. The suspended public official, however, shall 278
retain the title of the holder of that office during the period of 279
the suspension and continue to receive the compensation that the 280
official is entitled to receive for holding that office during the 281
period of the suspension, until the public official pleads guilty 282
to or is found guilty of any felony with which the public official 283
is charged. For the duration of the public official's suspension, 284
a replacement official shall be appointed or elected to perform 285
the public official's duties of office in the manner provided by 286
law for filling a vacancy in that office. The replacement official 287
shall have all of the rights, powers, and responsibilities of, and 288
shall be entitled to the same rate of pay as, the suspended public 289
official. 290

       A political subdivision may file a civil action in the 291
appropriate court to recover from any former public official of 292
the political subdivision the amount of compensation paid to that 293
former public official in accordance with this division from the 294
date of the former public official's suspension to the date the 295
former public official pleads guilty to or is found guilty of any 296
felony with which the former public official was charged. 297

       Sec. 101.34. (A) There is hereby created a joint legislative 298
ethics committee to serve the general assembly. The committee 299
shall be composed of twelve members, six each from the two major 300
political parties, and each member shall serve on the committee 301
during the member's term as a member of that general assembly. Six 302
members of the committee shall be members of the house of 303
representatives appointed by the speaker of the house of 304
representatives, not more than three from the same political 305
party, and six members of the committee shall be members of the 306
senate appointed by the president of the senate, not more than 307
three from the same political party. A vacancy in the committee 308
shall be filled for the unexpired term in the same manner as an 309
original appointment. The members of the committee shall be 310
appointed within fifteen days after the first day of the first 311
regular session of each general assembly and the committee shall 312
meet and proceed to recommend an ethics code not later than thirty 313
days after the first day of the first regular session of each 314
general assembly. 315

       In the first regular session of each general assembly, the 316
speaker of the house of representatives shall appoint the 317
chairperson of the committee from among the house members of the 318
committee, and the president of the senate shall appoint the 319
vice-chairperson of the committee from among the senate members of 320
the committee. In the second regular session of each general 321
assembly, the president of the senate shall appoint the 322
chairperson of the committee from among the senate members of the 323
committee, and the speaker of the house of representatives shall 324
appoint the vice-chairperson of the committee from among the house 325
members of the committee. The chairperson, vice-chairperson, and 326
members of the committee shall serve until their respective 327
successors are appointed or until they are no longer members of 328
the general assembly. 329

       The committee shall meet at the call of the chairperson or 330
upon the written request of seven members of the committee. 331

       (B) The joint legislative ethics committee: 332

       (1) Shall recommend a code of ethics ~~which~~that is consistent 333
with law to govern all members and employees of each house of the 334
general assembly and all candidates for the office of member of 335
each house; 336

       (2) May receive and hear any complaint ~~which~~that alleges a 337
breach of any privilege of either house, or misconduct of any 338
member, employee, or candidate, or any violation of the 339
appropriate code of ethics; 340

       (3) May obtain information with respect to any complaint 341
filed pursuant to this section and to that end may enforce the 342
attendance and testimony of witnesses, and the production of books 343
and papers; 344

       (4) May recommend whatever sanction is appropriate with 345
respect to a particular member, employee, or candidate as will 346
best maintain in the minds of the public a good opinion of the 347
conduct and character of members and employees of the general 348
assembly; 349

       (5) May recommend legislation to the general assembly 350
relating to the conduct and ethics of members and employees of and 351
candidates for the general assembly; 352

       (6) Shall employ an executive director for the committee and 353
may employ ~~such~~ other staff as the committee determines necessary 354
to assist it in exercising its powers and duties. The executive 355
director and staff of the committee shall be known as the office 356
of legislative inspector general. At least one member of the staff 357
of the committee shall be an attorney at law licensed to practice 358
law in this state. The appointment and removal of the executive 359
director shall require the approval of at least eight members of 360
the committee. 361

       (7) May employ a special counsel to assist the committee in 362
exercising its powers and duties. The appointment and removal of a 363
special counsel shall require the approval of at least eight 364
members of the committee. 365

       (8) Shall act as an advisory body to the general assembly and 366
to individual members, candidates, and employees on questions 367
relating to ethics, possible conflicts of interest, and financial 368
disclosure; 369

       (9) Shall provide for the proper forms on which ~~the~~a 370
statement required pursuant to section 102.02 or 102.021 of the 371
Revised Code shall be filed and instructions as to the filing of 372
the statement; 373

       (10) Exercise the powers and duties prescribed under sections 374
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and 375
sections 121.60 to 121.69 of the Revised Code; 376

       (11) Adopt, in accordance with section 111.15 of the Revised 377
Code, any rules that are necessary to implement and clarify 378
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code. 379

       (C) There is hereby created in the state treasury the joint 380
legislative ethics committee fund. Money credited to the fund and 381
any interest and earnings from the fund shall be used solely for 382
the operation of the joint legislative ethics committee and the 383
office of legislative inspector general and for the purchase of 384
data storage and computerization facilities for the statements 385
filed with the ~~joint~~ committee under sections 101.73, 101.74, 386
121.63, and 121.64 of the Revised Code. 387

       (D) The chairperson of the joint legislative ethics committee 388
shall issue a written report, not later than the thirty-first day 389
of January of each year, to the speaker and minority leader of the 390
house of representatives and to the president and minority leader 391
of the senate that lists the number of committee meetings and 392
investigations the committee conducted during the immediately 393
preceding calendar year and the number of advisory opinions it 394
issued during the immediately preceding calendar year. 395

       (E) Any investigative report that contains facts and findings 396
regarding a complaint filed with the joint legislative ethics 397
committee and that is prepared by the staff of the committee or a 398
special counsel to the committee shall become a public record upon 399
its acceptance by a vote of the majority of the members of the 400
committee, except for any names of specific individuals and 401
entities contained in the report. If the committee recommends 402
disciplinary action or reports its findings to the appropriate 403
prosecuting authority for proceedings in prosecution of the 404
violations alleged in the complaint, the investigatory report 405
regarding the complaint shall become a public record in its 406
entirety. 407

       (F)(1) Any file obtained by or in the possession of the 408
former house ethics committee or former senate ethics committee 409
shall become the property of the joint legislative ethics 410
committee. Any such file is confidential if either of the 411
following applies: 412

       (a) It is confidential under section 102.06 of the Revised 413
Code or the legislative code of ethics. 414

       (b) If the file was obtained from the former house ethics 415
committee or from the former senate ethics committee, it was 416
confidential under any statute or any provision of a code of 417
ethics that governed the file. 418

       (2) As used in this division, "file" includes, but is not 419
limited to, evidence, documentation, or any other tangible thing. 420

       Sec. 102.01. As used in ~~Chapter 102. of the Revised Code~~ 421
this chapter: 422

       (A) "Compensation" means money, thing of value, or financial 423
benefit. "Compensation" does not include reimbursement for actual 424
and necessary expenses incurred in the performance of official 425
duties. 426

       (B) "Public official or employee" means any person who is 427
elected or appointed to an office or is an employee of any public 428
agency. "Public official or employee" does not include a person 429
elected or appointed to the office of precinct, ward, or district 430
committee member under section 3517.03 of the Revised Code, any 431
presidential elector, or any delegate to a national convention. 432
"Public official or employee" does not include a person who is a 433
teacher, instructor, professor, or ~~any~~ other kind of educator 434
whose position does not involve the performance of, or authority 435
to perform, administrative or supervisory functions. 436

       (C) "Public agency" means the general assembly, all courts, 437
any department, division, institution, board, commission, 438
authority, bureau or other instrumentality of the state, a county, 439
city, village, or township, ~~and~~ the five state retirement systems, 440
or any other governmental entity. "Public agency" does not include 441
a department, division, institution, board, commission, authority, 442
or other instrumentality of the state or a county, municipal 443
corporation, township, or other governmental entity that functions 444
exclusively for cultural, educational, historical, humanitarian, 445
advisory, or research purposes; that does not expend more than ten 446
thousand dollars per calendar year, excluding salaries and wages 447
of employees; and whose members are uncompensated. 448

       (D) "Immediate family" means a spouse residing in the 449
person's household and any dependent child. 450

       (E) "Income" includes gross income as defined and used in the 451
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 452
amended, interest and dividends on obligations or securities of 453
any state or of any political subdivision or authority of any 454
state or political subdivision, and interest or dividends on 455
obligations of any authority, commission, or instrumentality of 456
the United States. 457

       (F) Except as otherwise provided in division (A) of section 458
102.08 of the Revised Code, "appropriate ethics commission" means: 459

       (1) For matters relating to members of the general assembly, 460
employees of the general assembly, employees of the legislative 461
service commission, and candidates for the office of member of the 462
general assembly, the joint legislative ethics committee; 463

       (2) For matters relating to judicial officers and employees, 464
and candidates for judicial office, the board of commissioners on 465
grievances and discipline of the supreme court; 466

       (3) For matters relating to all other persons, the Ohio 467
ethics commission. 468

       (G) "Anything of value" has the same meaning as provided in 469
section 1.03 of the Revised Code and includes, but is not limited 470
to, a contribution as defined in section 3517.01 of the Revised 471
Code. 472

       (H) "Honorarium" means any payment made in consideration for 473
any speech given, article published, or attendance at any public 474
or private conference, convention, meeting, social event, meal, or 475
similar gathering. "Honorarium" does not include ceremonial gifts 476
or awards that have insignificant monetary value; unsolicited 477
gifts of nominal value or trivial items of informational value; or 478
earned income from any person, other than a legislative agent, for 479
personal services that are customarily provided in connection with 480
the practice of a bona fide business, if that business initially 481
began before the public official or employee conducting that 482
business was elected or appointed to ~~his~~the public official's or 483
employee's office or position of employment. 484

       (I) "Employer" means any person who, directly or indirectly, 485
engages an executive agency lobbyist or legislative agent. 486

       (J) "Executive agency decision," "executive agency lobbyist," 487
and "executive agency lobbying activity" have the same meanings as 488
in section 121.60 of the Revised Code. 489

       (K) "Legislation," "legislative agent," "financial 490
transaction," and "actively advocate" have the same meanings as in 491
section 101.70 of the Revised Code. 492

       (L) "Expenditure" has the same meaning as in section 101.70 493
of the Revised Code when used in relation to activities of a 494
legislative agent, and the same meaning as in section 121.60 of 495
the Revised Code when used in relation to activities of an 496
executive agency lobbyist. 497

       Sec. 102.02. (A) Except as otherwise provided in division 498
(H) of this section, all of the following shall file with the 499
appropriate ethics commission the disclosure statement described 500
in this division on a form prescribed by the appropriate 501
commission: every person who is elected to or is a candidate for a 502
state, county, or city office and every person who is appointed to 503
fill a vacancy for an unexpired term in such an elective office; 504
all members of the state board of education; the director, 505
assistant directors, deputy directors, division chiefs, or persons 506
of equivalent rank of any administrative department of the state; 507
the president or other chief administrative officer of every state 508
institution of higher education as defined in section 3345.011 of 509
the Revised Code; the chief executive officer and the members of 510
the board of each state retirement system; each employee of a 511
state retirement board who is a state retirement system investment 512
officer licensed pursuant to section 1707.163 of the Revised Code; 513
the members of the Ohio retirement study council appointed 514
pursuant to division (C) of section 171.01 of the Revised Code; 515
employees of the Ohio retirement study council, other than 516
employees who perform purely administrative or clerical functions; 517
all members of the board of commissioners on grievances and 518
discipline of the supreme court and the ethics commission created 519
under section 102.05 of the Revised Code; every business manager, 520
treasurer, or superintendent of a city, local, exempted village, 521
joint vocational, or cooperative education school district or an 522
educational service center; every person who is elected to or is a 523
candidate for the office of member of a board of education of a 524
city, local, exempted village, joint vocational, or cooperative 525
education school district or of a governing board of an 526
educational service center that has a total student count of 527
twelve thousand or more as most recently determined by the 528
department of education pursuant to section 3317.03 of the Revised 529
Code; every person who is appointed to the board of education of a 530
municipal school district pursuant to division (B) or (F) of 531
section 3311.71 of the Revised Code; all members of the board of 532
directors of a sanitary district that is established under Chapter 533
6115. of the Revised Code and organized wholly for the purpose of 534
providing a water supply for domestic, municipal, and public use, 535
and that includes two municipal corporations in two counties; 536
every public official or employee who is paid a salary or wage in 537
accordance with schedule C of section 124.15 or schedule E-2 of 538
section 124.152 of the Revised Code; members of the board of 539
trustees and the executive director of the tobacco use prevention 540
and control foundation; members of the board of trustees and the 541
executive director of the southern Ohio agricultural and community 542
development foundation; and every other public official or 543
employee who is designated by the appropriate ethics commission 544
pursuant to division (B) of this section. 545

       The disclosure statement shall include all of the following: 546

       (1) The name of the person filing the statement and each 547
member of the person's immediate family and all names under which 548
the person or members of the person's immediate family do 549
business; 550

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 551
and except as otherwise provided in section 102.022 of the Revised 552
Code, identification of every source of income, other than income 553
from a legislative agent identified in division (A)(2)(b) of this 554
section, received during the preceding calendar year, in the 555
person's own name or by any other person for the person's use or 556
benefit, by the person filing the statement, and a brief 557
description of the nature of the services for which the income was 558
received. If the person filing the statement is a member of the 559
general assembly, the statement shall identify the amount of every 560
source of income received in accordance with the following ranges 561
of amounts: zero or more, but less than one thousand dollars; one 562
thousand dollars or more, but less than ten thousand dollars; ten 563
thousand dollars or more, but less than twenty-five thousand 564
dollars; twenty-five thousand dollars or more, but less than fifty 565
thousand dollars; fifty thousand dollars or more, but less than 566
one hundred thousand dollars; and one hundred thousand dollars or 567
more. Division (A)(2)(a) of this section shall not be construed to 568
require a person filing the statement who derives income from a 569
business or profession to disclose the individual items of income 570
that constitute the gross income of that business or profession, 571
except for those individual items of income that are attributable 572
to the person's or, if the income is shared with the person, the 573
partner's, solicitation of services or goods or performance, 574
arrangement, or facilitation of services or provision of goods on 575
behalf of the business or profession of clients, including 576
corporate clients, who are legislative agents ~~as defined in~~ 577
~~section 101.70 of the Revised Code~~. A person who files the 578
statement under this section shall disclose the identity of and 579
the amount of income received from a person who the public 580
official or employee knows or has reason to know is doing or 581
seeking to do business of any kind with the public official's or 582
employee's agency. 583

       (b) If the person filing the statement is a member of the 584
general assembly, the statement shall identify every source of 585
income and the amount of that income that was received from a 586
legislative agent~~, as defined in section 101.70 of the Revised~~ 587
~~Code,~~ during the preceding calendar year, in the person's own name 588
or by any other person for the person's use or benefit, by the 589
person filing the statement, and a brief description of the nature 590
of the services for which the income was received. Division 591
(A)(2)(b) of this section requires the disclosure of clients of 592
attorneys or persons licensed under section 4732.12 of the Revised 593
Code, or patients of persons certified under section 4731.14 of 594
the Revised Code, if those clients or patients are legislative 595
agents. Division (A)(2)(b) of this section requires a person 596
filing the statement who derives income from a business or 597
profession to disclose those individual items of income that 598
constitute the gross income of that business or profession that 599
are received from legislative agents. 600

       (c) Except as otherwise provided in division (A)(2)(c) of 601
this section, division (A)(2)(a) of this section applies to 602
attorneys, physicians, and other persons who engage in the 603
practice of a profession and who, pursuant to a section of the 604
Revised Code, the common law of this state, a code of ethics 605
applicable to the profession, or otherwise, generally are required 606
not to reveal, disclose, or use confidences of clients, patients, 607
or other recipients of professional services except under 608
specified circumstances or generally are required to maintain 609
those types of confidences as privileged communications except 610
under specified circumstances. Division (A)(2)(a) of this section 611
does not require an attorney, physician, or other professional 612
subject to a confidentiality requirement as described in division 613
(A)(2)(c) of this section to disclose the name, other identity, or 614
address of a client, patient, or other recipient of professional 615
services if the disclosure would threaten the client, patient, or 616
other recipient of professional services, would reveal details of 617
the subject matter for which legal, medical, or professional 618
advice or other services were sought, or would reveal an otherwise 619
privileged communication involving the client, patient, or other 620
recipient of professional services. Division (A)(2)(a) of this 621
section does not require an attorney, physician, or other 622
professional subject to a confidentiality requirement as described 623
in division (A)(2)(c) of this section to disclose in the brief 624
description of the nature of services required by division 625
(A)(2)(a) of this section any information pertaining to specific 626
professional services rendered for a client, patient, or other 627
recipient of professional services that would reveal details of 628
the subject matter for which legal, medical, or professional 629
advice was sought or would reveal an otherwise privileged 630
communication involving the client, patient, or other recipient of 631
professional services. 632

       (3) The name of every corporation on file with the secretary 633
of state that is incorporated in this state or holds a certificate 634
of compliance authorizing it to do business in this state, trust, 635
business trust, partnership, or association that transacts 636
business in this state in which the person filing the statement or 637
any other person for the person's use and benefit had during the 638
preceding calendar year an investment of over one thousand dollars 639
at fair market value as of the thirty-first day of December of the 640
preceding calendar year, or the date of disposition, whichever is 641
earlier, or in which the person holds any office or has a 642
fiduciary relationship, and a description of the nature of the 643
investment, office, or relationship. Division (A)(3) of this 644
section does not require disclosure of the name of any bank, 645
savings and loan association, credit union, or building and loan 646
association with which the person filing the statement has a 647
deposit or a withdrawable share account. 648

       (4) All fee simple and leasehold interests to which the 649
person filing the statement holds legal title to or a beneficial 650
interest in real property located within the state, excluding the 651
person's residence and property used primarily for personal 652
recreation; 653

       (5) The names of all persons residing or transacting business 654
in the state to whom the person filing the statement owes, in the 655
person's own name or in the name of any other person, more than 656
one thousand dollars. Division (A)(5) of this section shall not be 657
construed to require the disclosure of debts owed by the person 658
resulting from the ordinary conduct of a business or profession or 659
debts on the person's residence or real property used primarily 660
for personal recreation, except that the superintendent of 661
financial institutions shall disclose the names of all 662
state-chartered savings and loan associations and of all service 663
corporations subject to regulation under division (E)(2) of 664
section 1151.34 of the Revised Code to whom the superintendent in 665
the superintendent's own name or in the name of any other person 666
owes any money, and that the superintendent and any deputy 667
superintendent of banks shall disclose the names of all 668
state-chartered banks and all bank subsidiary corporations subject 669
to regulation under section 1109.44 of the Revised Code to whom 670
the superintendent or deputy superintendent owes any money. 671

       (6) The names of all persons residing or transacting business 672
in the state, other than a depository excluded under division 673
(A)(3) of this section, who owe more than one thousand dollars to 674
the person filing the statement, either in the person's own name 675
or to any person for the person's use or benefit. Division (A)(6) 676
of this section shall not be construed to require the disclosure 677
of clients of attorneys or persons licensed under section 4732.12 678
or 4732.15 of the Revised Code, or patients of persons certified 679
under section 4731.14 of the Revised Code, nor the disclosure of 680
debts owed to the person resulting from the ordinary conduct of a 681
business or profession. 682

       (7) Except as otherwise provided in section 102.022 of the 683
Revised Code, the source of each gift of over seventy-five 684
dollars, or of each gift of over twenty-five dollars received by a 685
member of the general assembly from a legislative agent, received 686
by the person in the person's own name or by any other person for 687
the person's use or benefit during the preceding calendar year, 688
except gifts received by will or by virtue of section 2105.06 of 689
the Revised Code, or received from spouses, parents, grandparents, 690
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 691
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 692
fathers-in-law, mothers-in-law, or any person to whom the person 693
filing the statement stands in loco parentis, or received by way 694
of distribution from any inter vivos or testamentary trust 695
established by a spouse or by an ancestor; 696

       (8) Except as otherwise provided in section 102.022 of the 697
Revised Code, identification of the source and amount of every 698
payment of expenses incurred for travel to destinations inside or 699
outside this state that is received by the person in the person's 700
own name or by any other person for the person's use or benefit 701
and that is incurred in connection with the person's official 702
duties, except for expenses for travel to meetings or conventions 703
of a national or state organization to which any state agency, 704
including, but not limited to, any legislative agency or state 705
institution of higher education as defined in section 3345.011 of 706
the Revised Code, pays membership dues, or any political 707
subdivision or any office or agency of a political subdivision 708
pays membership dues; 709

       (9) Except as otherwise provided in section 102.022 of the 710
Revised Code, identification of the source of payment of expenses 711
for meals and other food and beverages, other than for meals and 712
other food and beverages provided at a meeting at which the person 713
participated in a panel, seminar, or speaking engagement or at a 714
meeting or convention of a national or state organization to which 715
any state agency, including, but not limited to, any legislative 716
agency or state institution of higher education as defined in 717
section 3345.011 of the Revised Code, pays membership dues, or any 718
political subdivision or any office or agency of a political 719
subdivision pays membership dues, that are incurred in connection 720
with the person's official duties and that exceed one hundred 721
dollars aggregated per calendar year; 722

       (10) If the ~~financial~~ disclosure statement is filed by a 723
public official or employee described in division (B)(2) of 724
section 101.73 of the Revised Code or division (B)(2) of section 725
121.63 of the Revised Code who receives a statement from a 726
legislative agent, executive agency lobbyist, or employer that 727
contains the information described in division (F)(2) of section 728
101.73 of the Revised Code or division (G)(2) of section 121.63 of 729
the Revised Code, all of the nondisputed information contained in 730
the statement delivered to that public official or employee by the 731
legislative agent, executive agency lobbyist, or employer under 732
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 733
the Revised Code~~. As used in division (A)(10) of this section,~~ 734
~~"legislative agent," "executive agency lobbyist," and "employer"~~ 735
~~have the same meanings as in sections 101.70 and 121.60 of the~~ 736
~~Revised Code~~. 737

       A person may file a statement required by this section in 738
person or by mail. A person who is a candidate for elective office 739
shall file the statement no later than the thirtieth day before 740
the primary, special, or general election at which the candidacy 741
is to be voted on, whichever election occurs soonest, except that 742
a person who is a write-in candidate shall file the statement no 743
later than the twentieth day before the earliest election at which 744
the person's candidacy is to be voted on. A person who holds 745
elective office shall file the statement on or before the 746
fifteenth day of April of each year unless the person is a 747
candidate for office. A person who is appointed to fill a vacancy 748
for an unexpired term in an elective office shall file the 749
statement within fifteen days after the person qualifies for 750
office. Other persons shall file an annual statement on or before 751
the fifteenth day of April or, if appointed or employed after that 752
date, within ninety days after appointment or employment. No 753
person shall be required to file with the appropriate ethics 754
commission more than one statement or pay more than one filing fee 755
for any one calendar year. 756

       The appropriate ethics commission, for good cause, may extend 757
for a reasonable time the deadline for filing a statement under 758
this section. 759

       A statement filed under this section is subject to public 760
inspection at locations designated by the appropriate ethics 761
commission except as otherwise provided in this section. 762

       (B) The Ohio ethics commission, the joint legislative ethics 763
committee, and the board of commissioners on grievances and 764
discipline of the supreme court, using the rule-making procedures 765
of Chapter 119. of the Revised Code, may require any class of 766
public officials or employees under its jurisdiction and not 767
specifically excluded by this section whose positions involve a 768
substantial and material exercise of administrative discretion in 769
the formulation of public policy, expenditure of public funds, 770
enforcement of laws and rules of the state or a county or city, or 771
the execution of other public trusts, to file an annual statement 772
on or before the fifteenth day of April under division (A) of this 773
section. The appropriate ethics commission shall send the public 774
officials or employees written notice of the requirement by the 775
fifteenth day of February of each year the filing is required 776
unless the public official or employee is appointed after that 777
date, in which case the notice shall be sent within thirty days 778
after appointment, and the filing shall be made not later than 779
ninety days after appointment. 780

       Except for disclosure statements filed by members of the 781
board of trustees and the executive director of the tobacco use 782
prevention and control foundation and members of the board of 783
trustees and the executive director of the southern Ohio 784
agricultural and community development foundation, disclosure 785
statements filed under this division with the Ohio ethics 786
commission by members of boards, commissions, or bureaus of the 787
state for which no compensation is received other than reasonable 788
and necessary expenses shall be kept confidential. Disclosure 789
statements filed with the Ohio ethics commission under division 790
(A) of this section by business managers, treasurers, and 791
superintendents of city, local, exempted village, joint 792
vocational, or cooperative education school districts or 793
educational service centers shall be kept confidential, except 794
that any person conducting an audit of any such school district or 795
educational service center pursuant to section 115.56 or Chapter 796
117. of the Revised Code may examine the disclosure statement of 797
any business manager, treasurer, or superintendent of that school 798
district or educational service center. The Ohio ethics commission 799
shall examine each disclosure statement required to be kept 800
confidential to determine whether a potential conflict of interest 801
exists for the person who filed the disclosure statement. A 802
potential conflict of interest exists if the private interests of 803
the person, as indicated by the person's disclosure statement, 804
might interfere with the public interests the person is required 805
to serve in the exercise of the person's authority and duties in 806
the person's office or position of employment. If the commission 807
determines that a potential conflict of interest exists, it shall 808
notify the person who filed the disclosure statement and shall 809
make the portions of the disclosure statement that indicate a 810
potential conflict of interest subject to public inspection in the 811
same manner as is provided for other disclosure statements. Any 812
portion of the disclosure statement that the commission determines 813
does not indicate a potential conflict of interest shall be kept 814
confidential by the commission and shall not be made subject to 815
public inspection, except as is necessary for the enforcement of 816
Chapters 102. and 2921. of the Revised Code and except as 817
otherwise provided in this division. 818

       (C) No person shall knowingly fail to file, on or before the 819
applicable filing deadline established under this section, a 820
statement that is required by this section. 821

       (D) No person shall knowingly file a false statement that is 822
required to be filed under this section. 823

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 824
section, the statement required by division (A) or (B) of this 825
section shall be accompanied by a filing fee of forty dollars. 826

       (2) The statement required by division (A) of this section 827
shall be accompanied by the following filing fee to be paid by the 828
person who is elected or appointed to, or is a candidate for, any 829
of the following offices: 830

For state office, except member of the 831

state board of education $65 832

For office of member of general assembly $40 833

For county office $40 834

For city office $25 835

For office of member of the state board 836

of education $25 837

For office of member of a city, local, 838

exempted village, or cooperative 839

education board of 840

education or educational service 841

center governing board $20 842

For position of business manager, 843

treasurer, or superintendent of a 844

city, local, exempted village, joint 845

vocational, or cooperative education 846

school district or 847

educational service center $20 848

       (3) No judge of a court of record or candidate for judge of a 849
court of record, and no referee or magistrate serving a court of 850
record, shall be required to pay the fee required under division 851
(E)(1) or (2) or (F) of this section. 852

       (4) For any public official who is appointed to a nonelective 853
office of the state and for any employee who holds a nonelective 854
position in a public agency of the state, the state agency that is 855
the primary employer of the state official or employee shall pay 856
the fee required under division (E)(1) or (F) of this section. 857

       (F) If a statement required to be filed under this section is 858
not filed by the date on which it is required to be filed, the 859
appropriate ethics commission shall assess the person required to 860
file the statement a late filing fee of ten dollars for each day 861
the statement is not filed, except that the total amount of the 862
late filing fee shall not exceed two hundred fifty dollars. 863

       (G)(1) The appropriate ethics commission other than the Ohio 864
ethics commission shall deposit all fees it receives under 865
divisions (E) and (F) of this section into the general revenue 866
fund of the state. 867

       (2) The Ohio ethics commission shall deposit all receipts, 868
including, but not limited to, fees it receives under divisions 869
(E) and (F) of this section and all moneys it receives from 870
settlements under division (G) of section 102.06 of the Revised 871
Code, into the Ohio ethics commission fund, which is hereby 872
created in the state treasury. All moneys credited to the fund 873
shall be used solely for expenses related to the operation and 874
statutory functions of the commission. 875

       (H) Division (A) of this section does not apply to a person 876
elected or appointed to the office of precinct, ward, or district 877
committee member under Chapter 3517. of the Revised Code; a 878
presidential elector; a delegate to a national convention; village 879
or township officials and employees; any physician or psychiatrist 880
who is paid a salary or wage in accordance with schedule C of 881
section 124.15 or schedule E-2 of section 124.152 of the Revised 882
Code and whose primary duties do not require the exercise of 883
administrative discretion; or any member of a board, commission, 884
or bureau of any county or city who receives less than one 885
thousand dollars per year for serving in that position. 886

       Sec. 102.021. (A)(1) For the twenty-four month period 887
immediately following the end of the former state elected 888
officer's or staff member's service or public employment, except 889
as provided in division (B) or (D) of this section, each former 890
state elected officer or staff member who filed or was required to 891
file a disclosure statement under section 102.02 of the Revised 892
Code shall file, on or before the deadlines specified in division 893
(D) of this section, with the joint legislative ethics committee a 894
statement that shall include the information described in 895
divisions (A)(2), (3), (4), and (5) of this section, as 896
applicable. The statement shall be filed on a form and in the 897
manner specified by the joint legislative ethics committee. This 898
division does not apply to a state elected officer or staff member 899
who filed or was required to file a disclosure statement under 900
section 102.02 of the Revised Code, who leaves service or public 901
employment, and who takes another position as a state elected 902
officer or staff member who files or is required to file a 903
disclosure statement under that section. 904

       No person shall fail to file, on or before the deadlines 905
specified in division (D) of this section, a statement that is 906
required by this division. 907

       (2) The statement referred to in division (A)(1) of this 908
section shall describe the source of all income received, in the 909
former state elected officer's or staff member's own name or by 910
any other person for the person's use or benefit, and briefly 911
describe the nature of the services for which the income was 912
received if the source of the income was any of the following: 913

       (a) An executive agency lobbyist or a legislative agent; 914

       (b) The employer of an executive agency lobbyist or 915
legislative agent, except that this division does not apply if the 916
employer is any state agency or political subdivision of the 917
state; 918

       (c) Any entity, association, or business that, at any time 919
during the two immediately preceding calendar years, was awarded 920
one or more contracts by one or more state agencies that in the 921
aggregate had a value of one hundred thousand dollars or more, or 922
bid on one or more contracts to be awarded by one or more state 923
agencies that in the aggregate had a value of one hundred thousand 924
dollars or more. 925

       (3) If the former state elected officer or staff member 926
received no income as described in division (A)(2) of this 927
section, the statement referred to in division (A)(1) of this 928
section shall indicate that fact. 929

       (4) If the former state elected officer or staff member 930
directly or indirectly made, either separately or in combination 931
with another, any expenditure or gift for transportation, lodging, 932
or food or beverages to, at the request of, for the benefit of, or 933
on behalf of any public officer or employee, and if the former 934
state elected officer or staff member would be required to report 935
the expenditure or gift in a statement under sections 101.70 to 936
101.79 or sections 121.60 to 121.69 of the Revised Code, whichever 937
is applicable, if the former state elected officer or staff member 938
was a legislative agent or executive agency lobbyist at the time 939
the expenditure or gift was made, the statement referred to in 940
division (A)(1) of this section shall include all information 941
relative to that gift or expenditure that would be required in a 942
statement under sections 101.70 to 101.79 or sections 121.60 to 943
121.69 of the Revised Code if the former state elected officer or 944
staff member was a legislative agent or executive agency lobbyist 945
at the time the expenditure or gift was made. 946

       (5) If the former state elected officer or staff member made 947
no expenditure or gift as described in division (A)(4) of this 948
section, the statement referred to in division (A)(1) of this 949
section shall indicate that fact. 950

       (B) If, at any time during the twenty-four month period 951
immediately following the end of the former state elected 952
officer's or staff member's service or public employment, a former 953
state elected officer or staff member who filed or was required to 954
file a disclosure statement under section 102.02 of the Revised 955
Code becomes a legislative agent or an executive agency lobbyist, 956
the former state elected officer or staff member shall comply with 957
all registration and filing requirements set forth in sections 958
101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code, 959
whichever is applicable, and, the former state elected officer or 960
staff member also shall file a statement under division (A)(1) of 961
this section except that the statement filed under division (A)(1) 962
of this section does not need to include information regarding any 963
income source, expenditure, or gift to the extent that that 964
information was included in any registration or statement filed 965
under sections 101.70 to 101.79 or sections 121.60 to 121.69 of 966
the Revised Code. 967

       (C) Except as otherwise provided in this division, division 968
(A)(2) of this section applies to attorneys, physicians, and other 969
persons who engage in the practice of a profession and who, 970
pursuant to a section of the Revised Code, the common law of this 971
state, a code of ethics applicable to the profession, or 972
otherwise, generally are required not to reveal, disclose, or use 973
confidences of clients, patients, or other recipients of 974
professional services except under specified circumstances or 975
generally are required to maintain those types of confidences as 976
privileged communications except under specified circumstances. 977
Division (A)(2) of this section does not require an attorney, 978
physician, or other professional subject to a confidentiality 979
requirement as described in this division to disclose the name, 980
other identity, or address of a client, patient, or other 981
recipient of professional services if the disclosure would 982
threaten the client, patient, or other recipient of professional 983
services, would reveal details of the subject matter for which 984
legal, medical, or professional advice or other services were 985
sought, or would reveal an otherwise privileged communication 986
involving the client, patient, or other recipient of professional 987
services. Division (A)(2) of this section does not require an 988
attorney, physician, or other professional subject to a 989
confidentiality requirement as described in this division to 990
disclose in the brief description of the nature of services 991
required by division (A)(2) of this section any information 992
pertaining to specific professional services rendered for a 993
client, patient, or other recipient of professional services that 994
would reveal details of the subject matter for which legal, 995
medical, or professional advice was sought or would reveal an 996
otherwise privileged communication involving the client, patient, 997
or other recipient of professional services. 998

       (D)(1) Each state elected officer or staff member who filed 999
or was required to file a disclosure statement under section 1000
102.02 of the Revised Code and who leaves public service or public 1001
employment shall file an initial statement under division (A)(1) 1002
of this section not later than the day on which the former state 1003
elected officer or staff member leaves public service or public 1004
employment. The initial statement shall specify whether the person 1005
will, or will not, receive any income from a source described in 1006
division (A)(2)(a), (b), or (c) of this section. 1007

       If a person files an initial statement under this division 1008
that states that the person will receive income from a source 1009
described in division (A)(2)(a), (b), or (c) of this section, the 1010
person is required to file statements under division (A)(2), (3), 1011
(4), or (5) of this section at the times specified in division 1012
(D)(2) of this section. 1013

       If a person files an initial statement under this division 1014
that states that the person will not receive income from a source 1015
described in division (A)(2)(a), (b), or (c) of this section, 1016
except as otherwise provided in this division, the person is not 1017
required to file statements under division (A)(2), (4), or (5) of 1018
this section or to file subsequent statements under division 1019
(A)(3) of this section. If a person files an initial statement 1020
under this division that states that the person will not receive 1021
income from a source described in division (A)(2)(a), (b), or (c) 1022
of this section, and, subsequent to the filing of that initial 1023
statement, the person receives any income from a source described 1024
in division (A)(2)(a), (b), or (c) of this section, the person 1025
within ten days shall file a statement under division (A)(2) of 1026
this section that contains the information described in that 1027
division, and the person thereafter shall file statements under 1028
division (A)(2), (3), (4), or (5) of this section at the times 1029
specified in division (D)(2) of this section. 1030

       (2) After the filing of the initial statement under division 1031
(D)(1) of this section, each person required to file a statement 1032
under division (A)(2), (3), (4), or (5) of this section shall file 1033
it on or before the last calendar day of January, May, and 1034
September. The statements described in divisions (A)(2), (3), and 1035
(5) of this section shall relate to the sources of income the 1036
person received in the immediately preceding filing period from 1037
each source of income in each of the categories listed in division 1038
(A)(2) of this section. The statement described in division (A)(4) 1039
of this section shall include any information required to be 1040
reported regarding expenditures and gifts of the type described in 1041
division (A)(4) of this section occurring since the filing of the 1042
immediately preceding statement. 1043

       If, pursuant to this division, a person files a statement 1044
under division (A)(2) of this section, the person is required to 1045
file statements under division (A)(4) of this section, and 1046
subsequent statements under division (A)(2), (3), or (5) of this 1047
section, at the times specified in this division. In addition, if, 1048
subsequent to the filing of the statement under division (A)(2) of 1049
this section, the person receives any income from a source 1050
described in division (A)(2)(a), (b), or (c) of this section that 1051
was not listed on the statement filed under division (A)(2) of 1052
this section, the person within ten days shall file a statement 1053
under division (A)(2) of this section that contains the 1054
information described in that division regarding the new income 1055
source. 1056

       If, pursuant to this division, a person files a statement 1057
under division (A)(3) of this section, except as otherwise 1058
provided in this division, the person thereafter is not required 1059
to file statements under division (A)(2), (4), or (5) of this 1060
section, or to file subsequent statements under division (A)(3) of 1061
this section. If, subsequent to the filing of the statement under 1062
division (A)(3) of this section, the person receives any income 1063
from a source described in division (A)(2)(a), (b), or (c) of this 1064
section, the person within ten days shall file a statement under 1065
division (A)(2) of this section that contains the information 1066
described in that division regarding the new income source, and 1067
the person thereafter shall file statements under division (A)(4) 1068
of this section, and subsequent statements under division (A)(2) 1069
or (3) of this section, at the times specified in this division. 1070

       (3) No fee shall be required for filing an initial statement 1071
under division (D)(1) of this section. The person filing a 1072
statement under division (D)(2) of this section that is required 1073
to be filed on or before the last calendar day of January, May, 1074
and September shall pay a ten dollar filing fee with each such 1075
statement not to exceed thirty dollars in any calendar year. The 1076
joint legislative ethics committee may charge late fees in the 1077
same manner as specified in division (G) of section 101.72 of the 1078
Revised Code. 1079

       (E) Any state elected officer or staff member who filed or 1080
was required to file a disclosure statement under section 102.02 1081
of the Revised Code and who leaves public service or public 1082
employment shall provide a forwarding address to the officer's or 1083
staff member's last employer, and the employer shall provide the 1084
person's name and address to the joint legislative ethics 1085
committee. The former elected state officer or staff member shall 1086
provide updated forwarding addresses as necessary to the joint 1087
legislative ethics committee during the twenty-four month period 1088
during which division (A)(1) of this section applies. The public 1089
agency or appointing authority that was the last employer of a 1090
person required to file a statement under division (A)(2) of this 1091
section shall furnish to the person a copy of the form needed to 1092
complete the initial statement required under division (D)(1) of 1093
this section. 1094

       (F) During the twenty-four month period immediately following 1095
the end of the former state elected officer's or staff member's 1096
service or public employment, no person required to file a 1097
statement under this section shall receive from a source described 1098
in division (A)(2)(a), (b), or (c) of this section, and no source 1099
described in division (A)(2)(a), (b), or (c) of this section shall 1100
pay to that person, any compensation that is contingent in any way 1101
upon the introduction, modification, passage, or defeat of any 1102
legislation or the outcome of any executive agency decision. 1103

       (G) As used in this section "state elected officer or staff 1104
member" means any elected officer of this state, any staff, as 1105
defined in section 101.70 of the Revised Code, or any staff, as 1106
defined in section 121.60 of the Revised Code. 1107

       Sec. 102.031. (A) As used in this section: 1108

       (1) ~~"Actively advocating," "employer," "financial~~ 1109
~~transaction," "legislation," and "legislative agent" have the same~~ 1110
~~meanings as in section 101.70 of the Revised Code.~~ 1111

       ~~(2)~~ "Business associate" means a person with whom a member of 1112
the general assembly is conducting or undertaking a financial 1113
transaction. 1114

       ~~(3)~~(2) "Contribution" has the same meaning as in section 1115
3517.01 of the Revised Code. 1116

       ~~(4)~~(3) "Employee" does not include a member of the general 1117
assembly whose nonlegislative position of employment does not 1118
involve the performance of or the authority to perform 1119
administrative or supervisory functions; or whose nonlegislative 1120
position of employment, if the member is a public employee, does 1121
not involve a substantial and material exercise of administrative 1122
discretion in the formulation of public policy, expenditure of 1123
public funds, enforcement of laws and rules of the state or a 1124
county or city, or execution of other public trusts. 1125

       (B) No member of the general assembly shall vote on any 1126
legislation that the member knows is then being actively advocated 1127
if the member is one of the following with respect to a 1128
legislative agent or employer that is then actively advocating on 1129
that legislation: 1130

       (1) An employee; 1131

       (2) A business associate; 1132

       (3) A person, other than an employee, who is hired under 1133
contract to perform certain services, and ~~such~~that position 1134
involves a substantial and material exercise of administrative 1135
discretion in the formulation of public policy. 1136

       (C) No member of the general assembly shall knowingly accept 1137
any of the following from a legislative agent or a person required 1138
to file a statement described in division (A)(2) of section 1139
102.021 of the Revised Code: 1140

       (1) The payment of any expenses for travel or lodging except 1141
as otherwise authorized by division (H) of section 102.03 of the 1142
Revised Code; 1143

       (2) More than seventy-five dollars aggregated per calendar 1144
year as payment for meals and other food and beverages, other than 1145
for those meals and other food and beverages provided to the 1146
member at a meeting at which the member participates in a panel, 1147
seminar, or speaking engagement, at a meeting or convention of a 1148
national organization to which any state agency, including, but 1149
not limited to, any legislative agency or state institution of 1150
higher education as defined in section 3345.011 of the Revised 1151
Code, pays membership dues, or at a dinner, party, or function to 1152
which all members of the general assembly or all members of either 1153
house of the general assembly are invited; 1154

       (3) A gift of any amount in the form of cash or the 1155
equivalent of cash, or a gift of any other thing of value whose 1156
value exceeds seventy-five dollars. As used in division (C)(3) of 1157
this section, "gift" does not include any contribution or any 1158
gifts of meals and other food and beverages or the payment of 1159
expenses incurred for travel to destinations either inside or 1160
outside this state that is received by ~~the~~a member of the general 1161
assembly and that is incurred in connection with the member's 1162
official duties. 1163

       (D) It is not a violation of division (C)(2) of this section 1164
if, within sixty days after receiving notice from a legislative 1165
agent that the legislative agent has provided a member of the 1166
general assembly with more than seventy-five dollars aggregated in 1167
a calendar year as payment for meals and other food and beverages, 1168
the member of the general assembly returns to that legislative 1169
agent the amount received that exceeds seventy-five dollars. 1170

       (E) The joint legislative ethics committee may impose a fine 1171
of not more than one thousand dollars upon a member of the general 1172
assembly who violates division (B) of this section. 1173

       Sec. 102.06. (A) The appropriate ethics commission shall 1174
receive and may initiate complaints against persons subject to 1175
~~Chapter 102. of the Revised Code~~this chapter concerning conduct 1176
alleged to be in violation of this chapter or section 2921.42 or 1177
2921.43 of the Revised Code. All complaints except those by the 1178
commission shall be by affidavit made on personal knowledge, 1179
subject to the penalties of perjury. Complaints by the commission 1180
shall be by affidavit, based upon reasonable cause to believe that 1181
a violation has occurred. 1182

       (B) The appropriate ethics commission shall investigate 1183
complaints, may investigate charges presented to it, and may 1184
request further information, including the specific amount of 1185
income from a source, from any person filing with the commission a 1186
statement required by section 102.02 or 102.021 of the Revised 1187
Code, if the information sought is directly relevant to a 1188
complaint or charges received by the commission pursuant to this 1189
section. This information is confidential, except that the 1190
commission, atin its discretion, may share information gathered 1191
in the course of any investigation with, or disclose the 1192
information to, the inspector general, any appropriate prosecuting 1193
authority, any law enforcement agency, or any other appropriate 1194
ethics commission. If the accused person is a member of the public 1195
employees retirement board, state teachers retirement board, 1196
school employees retirement board, board of trustees of the Ohio 1197
police and fire pension fund, or state highway patrol retirement 1198
board, the commission, atin its discretion, also may share 1199
information gathered in the course of an investigation with, or 1200
disclose the information to, the attorney general and the auditor 1201
of state. The person so requested shall furnish the information to 1202
the commission, unless within fifteen days from the date of the 1203
request the person files an action for declaratory judgment 1204
challenging the legitimacy of the request in the court of common 1205
pleas of the county of the person's residence, the person's place 1206
of employment, or Franklin county. The requested information need 1207
not be furnished to the commission during the pendency of the 1208
judicial proceedings. Proceedings of the commission in connection 1209
with the declaratory judgment action shall be kept confidential 1210
except as otherwise provided by this section. Before the 1211
commission proceeds to take any formal action against a person who 1212
is the subject of an investigation based on charges presented to 1213
the commission, a complaint shall be filed against the person. If 1214
the commission finds that a complaint is not frivolous, and there 1215
is reasonable cause to believe that the facts alleged in a 1216
complaint constitute a violation of section 102.02, 102.021, 1217
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code, 1218
it shall hold a hearing. If the commission does not so find, it 1219
shall dismiss the complaint and notify the accused person in 1220
writing of the dismissal of the complaint. The commission shall 1221
not make a report of its finding unless the accused person 1222
requests a report. Upon the request of the accused person, the 1223
commission shall make a public report of its finding. The person 1224
against whom the complaint is directed shall be given reasonable 1225
notice by certified mail of the date, time, and place of the 1226
hearing and a statement of the charges and the law directly 1227
involved and shall be given the opportunity to be represented by 1228
counsel, to have counsel appointed for the person if the person is 1229
unable to afford counsel without undue hardship, to examine the 1230
evidence against the person, to produce evidence and to call and 1231
subpoena witnesses in the person's defense, to confront the 1232
person's accusers, and to cross-examine witnesses. The commission 1233
shall have a stenographic record made of the hearing. The hearing 1234
shall be closed to the public. 1235

       (C)(1)(a) If, upon the basis of the hearing, the appropriate 1236
ethics commission finds by a preponderance of the evidence that 1237
the facts alleged in the complaint are true and constitute a 1238
violation of section 102.02, 102.021, 102.03, 102.04, 102.07, 1239
2921.42, or 2921.43 of the Revised Code, it shall report its 1240
findings to the appropriate prosecuting authority for proceedings 1241
in prosecution of the violation and to the appointing or employing 1242
authority of the accused. If the accused person is a member of the 1243
public employees retirement board, state teachers retirement 1244
board, school employees retirement board, board of trustees of the 1245
Ohio police and fire pension fund, or state highway patrol 1246
retirement board, the commission also shall report its findings to 1247
the Ohio retirement study council. 1248

       (b) If the Ohio ethics commission reports its findings to the 1249
appropriate prosecuting authority under division (C)(1)(a) of this 1250
section and the prosecuting authority has not initiated any 1251
official action on those findings within ninety days after 1252
receiving the commission's report of them, ~~then~~ the commission may 1253
publicly comment that no official action has been taken on its 1254
findings, except that the commission shall make no comment in 1255
violation of the Rules of Criminal Procedure or about any 1256
indictment that has been sealed pursuant to any law or those 1257
rules. The commission shall make no comment regarding the merits 1258
of its findings. As used in division (C)(1)(b) of this section, 1259
"official action" means prosecution, closure after investigation, 1260
or grand jury action resulting in a true bill of indictment or no 1261
true bill of indictment. 1262

       (2) If the appropriate ethics commission does not find by a 1263
preponderance of the evidence that the facts alleged in the 1264
complaint are true and constitute a violation of section 102.02, 1265
102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the 1266
Revised Code or if the commission has not scheduled a hearing 1267
within ninety days after the complaint is filed or has not finally 1268
disposed of the complaint within six months after it has been 1269
heard, it shall dismiss the complaint and notify the accused 1270
person in writing of the dismissal of the complaint. The 1271
commission shall not make a report of its finding unless the 1272
accused person requests a report. Upon the request of the accused 1273
person, the commission shall make a public report of the finding, 1274
but in this case all evidence and the record of the hearing shall 1275
remain confidential unless the accused person also requests that 1276
the evidence and record be made public. Upon request by the 1277
accused person, the commission shall make the evidence and the 1278
record available for public inspection. 1279

       (D) The appropriate ethics commission, or a member of the 1280
commission, may administer oaths, and the commission may issue 1281
subpoenas to any person in the state compelling the attendance of 1282
witnesses and the production of relevant papers, books, accounts, 1283
and records. The commission shall issue subpoenas to compel the 1284
attendance of witnesses and the production of documents upon the 1285
request of an accused person. Section 101.42 of the Revised Code 1286
shall govern the issuance of these subpoenas insofar as 1287
applicable. Upon the refusal of any person to obey a subpoena or 1288
to be sworn or to answer as a witness, the commission may apply to 1289
the court of common pleas of Franklin county under section 2705.03 1290
of the Revised Code. The court shall hold proceedings in 1291
accordance with Chapter 2705. of the Revised Code. The commission 1292
or the accused person may take the depositions of witnesses 1293
residing within or without the state in the same manner as 1294
prescribed by law for the taking of depositions in civil actions 1295
in the court of common pleas. 1296

       (E) At least once each year, the Ohio ethics commission shall 1297
report on its activities of the immediately preceding year to the 1298
majority and minority leaders of the senate and house of 1299
representatives of the general assembly. The report shall indicate 1300
the total number of complaints received, initiated, and 1301
investigated by the commission, the total number of complaints for 1302
which formal hearings were held, and the total number of 1303
complaints for which formal prosecution was recommended or 1304
requested by the commission. The report also shall indicate the 1305
nature of the inappropriate conduct alleged in each complaint and 1306
the governmental entity with which any employee or official that 1307
is the subject of a complaint was employed at the time of the 1308
alleged inappropriate conduct. 1309

       (F) All papers, records, affidavits, and documents upon any 1310
complaint, inquiry, or investigation relating to the proceedings 1311
of the appropriate ethics commission shall be sealed and are 1312
private and confidential, except as otherwise provided in this 1313
section and section 102.07 of the Revised Code. 1314

       (G)(1) When a complaint or charge is before it, the Ohio 1315
ethics commission or the appropriate prosecuting authority, in 1316
consultation with the person filing the complaint or charge, the 1317
accused, and any other person the commission or prosecuting 1318
authority considers necessary, may compromise or settle the 1319
complaint or charge with the agreement of the accused. The 1320
compromise or settlement may include mediation, restitution, 1321
rescission of affected contracts, forfeiture of any benefits 1322
resulting from a violation or potential violation of law, 1323
resignation of a public official or employee, or any other relief 1324
that is agreed upon between the commission or prosecuting 1325
authority and the accused. 1326

       (2) Any settlement agreement entered into under division 1327
(G)(1) of this section shall be in writing and be accompanied by a 1328
statement of the findings of the commission or prosecuting 1329
authority and the reasons for entering into the agreement. The 1330
commission or prosecuting authority shall retain the agreement and 1331
statement in the commission's or prosecuting authority's office 1332
and, in the commission's or prosecuting authority's discretion, 1333
may make the agreement, the statement, and any supporting 1334
information public, unless the agreement provides otherwise. 1335

       (3) If a settlement agreement is breached by the accused, the 1336
commission or prosecuting authority, in the commission's or 1337
prosecuting authority's discretion, may rescind the agreement and 1338
reinstitute any investigation, hearing, or prosecution of the 1339
accused. No information obtained from the accused in reaching the 1340
settlement that is not otherwise discoverable from the accused 1341
shall be used in any proceeding before the commission or by the 1342
appropriate prosecuting authority in prosecuting the violation. 1343
Notwithstanding any other section of the Revised Code, if a 1344
settlement agreement is breached, any statute of limitations for a 1345
violation of this chapter or section 2921.42 or 2921.43 of the 1346
Revised Code is tolled from the date the complaint or charge is 1347
filed until the date the settlement agreement is breached. 1348

       Sec. 102.99. (A) Whoever violates division (C) of section 1349
102.02, or division (C) of section 102.031, of the Revised Code is 1350
guilty of a misdemeanor of the fourth degree. 1351

       (B) Whoever violates division (D) of section 102.02 or 1352
section 102.021, 102.03, 102.04, or 102.07 of the Revised Code is 1353
guilty of a misdemeanor of the first degree. 1354

       Sec. 2961.02. (A) As used in this section: 1355

       (1) "Disqualifying offense" means an offense that has both of 1356
the following characteristics: 1357

       (a) It is one of the following: 1358

       (i) A theft offense that is a felony; 1359

       (ii) A felony under the laws of this state, another state, or 1360
the United States, that is not covered by division (A)(1)(a)(i) of 1361
this section and that involves fraud, deceit, or theft. 1362

       (b) It is an offense for which the laws of this state, 1363
another state, or the United States do not otherwise contain a 1364
provision specifying permanent disqualification, or 1365
disqualification for a specified period, from holding a public 1366
office or position of public employment, or from serving as an 1367
unpaid volunteer, as a result of conviction of the offense, 1368
including, but not limited to, a provision such as that in 1369
division (C)(1) of section 2921.41 of the Revised Code. 1370

       (2) "Political subdivision" has the same meaning as in 1371
section 2744.01 of the Revised Code. 1372

       (3) "Private entity" includes an individual, corporation, 1373
limited liability company, business trust, estate, trust, 1374
partnership, or association that receives any funds from a state 1375
agency or political subdivision to perform an activity on behalf 1376
of the state agency or political subdivision. 1377

       (4) "State agency" has the same meaning as in section 1.60 of 1378
the Revised Code. 1379

       (5) "Theft offense" has the same meaning as in section 1380
2913.01 of the Revised Code. 1381

       (6) "Volunteer" means a person who serves as a volunteer 1382
without compensation with a state agency or political subdivision 1383
or who serves as a volunteer without compensation with a private 1384
entity, including, but not limited to, an uncompensated auxiliary 1385
police officer, auxiliary deputy sheriff, or volunteer 1386
firefighter. 1387

       (B) Any person who is convicted of a disqualifying offense is 1388
incompetent to hold a public office or position of public 1389
employment or to serve as a volunteer, if holding the public 1390
office or position of public employment or serving as the 1391
volunteer involves substantial management or control over the 1392
property of a state agency, political subdivision, or private 1393
entity. 1394

       (C) Division (B) of this section does not apply if a 1395
conviction of a disqualifying offense is reversed, expunged, or 1396
annulled. The full pardon of a person convicted of a disqualifying 1397
offense restores the privileges forfeited under division (B) of 1398
this section, but the pardon does not release the person from the 1399
costs of the person's conviction in this state, unless so 1400
specified. 1401

       Section 2. That existing sections 101.34, 102.01, 102.02, 1402
102.031, 102.06, and 102.99 of the Revised Code are hereby 1403
repealed. 1404

       Section 3. The statement described in division (A)(1) of 1405
section 102.021 of the Revised Code shall be filed by any state 1406
elected officer or staff member, as defined in division (G) of 1407
that section, who leaves service or public employment on or after 1408
the effective date of this act. 1409

       Section 4. Sections 102.01 and 102.99 of the Revised Code 1410
are presented in this act as a composite of the sections as 1411
amended by both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of the 1412
120th General Assembly. Section 102.02 of the Revised Code is 1413
presented in this act as a composite of the section as amended by 1414
both Sub. S.B. 133 and Am. Sub. S.B. 189 of the 125th General 1415
Assembly. The General Assembly, applying the principle stated in 1416
division (B) of section 1.52 of the Revised Code that amendments 1417
are to be harmonized if reasonably capable of simultaneous 1418
operation, finds that the composites are the resulting versions of 1419
the sections in effect prior to the effective date of the sections 1420
as presented in this act. 1421

Section 1. That sections 101.34, 102.01, 102.02, 102.031,	24
102.06, and 102.99 be amended and sections 3.16, 102.021, and	25
2961.02 of the Revised Code be enacted to read as follows:	26

(1) "Prosecuting attorney" means the prosecuting attorney of	28
the county in which a public official who is charged as described	29
in division (B) of this section serves.	30

(2) "Public official" means any elected officer of a	31
political subdivision as defined in section 2744.01 of the Revised	32
Code. "Public official" does not include a judge of a court of	33
record.	34

(B)(1) If a public official is charged with a felony in a	35
state or federal court and if the attorney general, if the	36
attorney general is prosecuting the case, or prosecuting attorney	37
with responsibility to prosecute the case determines that the	38
felony relates to the public official's administration of, or	39
conduct in the performance of the duties of, the office of the	40
public official, the attorney general, if the attorney general is	41
prosecuting the case, or prosecuting attorney with responsibility	42
to prosecute the case shall transmit a copy of the charging	43
document to the chief justice of the supreme court with a request	44
that the chief justice proceed as provided in division (C) of this	45
section. If the attorney general or the prosecuting attorney	46
transmits a copy of the charging document to the chief justice, a	47
copy also shall be sent to the attorney general if the prosecuting	48
attorney transmits the copy to the chief justice or to the	49
prosecuting attorney of the county in which the public official	50
holds office if the attorney general transmits the copy to the	51
chief justice.	52

(2) Upon transmitting a copy of a charging document and a	53
request to the chief justice of the supreme court under division	54
(B)(1)(a) or (b) of this section, the attorney general or	55
prosecuting attorney shall provide the public official with a	56
written notice that, not later than fourteen days after the date	57
of the notice, the public official may file with the attorney	58
general or prosecuting attorney, whichever sent the notice, a	59
written statement either voluntarily authorizing the attorney	60
general or prosecuting attorney to prepare a judgment entry for	61
the judge presiding in the case to provisionally suspend the	62
public official from office or setting forth the reasons why the	63
public official should not be suspended from office.	64

If the public official voluntarily authorizes the attorney	65
general or prosecuting attorney to prepare a judgment entry for	66
the judge presiding in the case to provisionally suspend the	67
public official from office as described in this division, the	68
attorney general or prosecuting attorney shall prepare a judgment	69
entry for the judge presiding in the case to provisionally suspend	70
the public official from office immediately upon receipt of the	71
judement entry and shall notify the chief justice of the supreme	72
court of the provisional suspension. Upon receipt of the judgment	73
entry, the judge presiding in the case shall sign the judgment	74
entry and file the signed judgment entry in the case. The signing	75
and filing of the judgment entry provisionally suspends the public	76
official from office. The attorney general's or prosecuting	77
attorney's request to the chief justice that was made under	78
division (B)(1) of this section remains applicable regarding the	79
public official, and the chief justice shall establish a special	80
commission pursuant to division (C)(1) of this section. A	81
provisional suspension imposed under this division shall remain in	82
effect until the special commission established by the chief	83
justice enters its judgment under division (C)(3) of this section.	84
After the special commission so enters its judgment, divisions	85
(C)(3) and (4) of this section shall govern the continuation of	86
the suspension. Division (E) of this section applies to a	87
provisional suspension imposed under this division.	88

If the public official files a written statement setting	89
forth the reasons why the public official should not be suspended	90
from office, the public official shall not be provisionally	91
suspended from office, and the attorney general or prosecuting	92
attorney, whichever sent the notice to the public official, shall	93
transmit a copy of the public official's written statement to the	94
chief justice of the supreme court. The attorney general's or	95
prosecuting attorney's request to the chief justice that was made	96
under division (B)(1) of this section remains applicable regarding	97
the public official, and the chief justice shall establish a	98
special commission pursuant to division (C)(1) of this section.	99

(C)(1) Not sooner than fourteen days after the chief	100
justice's receipt of the attorney general's or prosecuting	101
attorney's request under division (B)(1) of this section, the	102
chief justice shall establish a special commission composed of	103
three retired justices or judges of a court of record. A special	104
commission established under this division is an administrative	105
agency. The chief justice shall appoint the members of the special	106
commission and shall provide to the special commission all	107
documents and materials pertaining to the matter that were	108
received from the attorney general or prosecuting attorney under	109
division (B)(1) or (2) of this section. At least one member of the	110
special commission shall be of the same political party as the	111
public official. Members of the special commission shall receive	112
compensation for their services, and shall be reimbursed for any	113
expenses incurred in connection with special commission functions,	114
from funds appropriated to the attorney general's office.	115

(2) Once established under division (C)(1) of this section, a	116
special commission shall review the document that charges the	117
public official with the felony, all other documents and materials	118
pertaining to the matter that were provided by the chief justice	119
under division (C)(1) of this section, and the facts and	120
circumstances related to the offense charged. Within fourteen days	121
after it is established, the special commission shall make a	122
preliminary determination as to whether the public official's	123
administration of, or conduct in the performance of the duties of,	124
the official's office, as covered by the charges, adversely	125
affects the functioning of that office or adversely affects the	126
rights and interests of the public and, as a result, whether the	127
public official should be suspended from office. Upon making the	128
preliminary determination, the special commission immediately	129
shall provide the public official with notice of the preliminary	130
determination. The notice may be in writing, by telephone, or in	131
another manner. If the preliminary determination is that the	132
public official's administration of, or conduct in the performance	133
of the duties of, the official's office, as covered by the	134
charges, does not adversely affect the functioning of the office	135
or adversely affect the rights and interests of the public, the	136
preliminary determination automatically shall become the special	137
commission's final determination for purposes of division (C)(3)	138
of this section. If the preliminary determination is that the	139
public official's administration of, or conduct in the performance	140
of the duties of, the official's office, as covered by the	141
charges, adversely affects the functioning of the office or	142
adversely affects the rights and interests of the public and that	143
the public official should be suspended from office, the notice	144
shall inform the public official that the public official may	145
contest the preliminary determination by filing with the special	146
commission and within fourteen days after the date of the notice	147
to the public official a notice contesting the determination.	148

If the public official files a notice contesting the	149
preliminary determination within fourteen days after the date of	150
the notice to the public official, the public official may review	151
the reasons and evidence for the determination and may appear at a	152
meeting of the special commission to contest the determination and	153
present the public official's position on the matter. The meeting	154
of the special commission shall be held not later than fourteen	155
days after the public official files the notice contesting the	156
preliminary determination. The public official has a right to be	157
accompanied by an attorney while appearing before the special	158
commission, but the attorney is not entitled to act as counsel or	159
advocate for the public official before the special commission or	160
to present evidence or examine or cross-examine witnesses before	161
the special commission. At the conclusion of the meeting, the	162
special commission shall make a final determination as to whether	163
the public official's administration of, or conduct in the	164
performance of the duties of, the official's office, as covered by	165
the charges, adversely affects the functioning of the office or	166
adversely affects the rights and interests of the public and, as a	167
result, whether the public official should be suspended from	168
office and shall proceed in accordance with division (C)(3) of	169
this section.	170

If the public official does not file a notice contesting the	171
determinations within fourteen days after the date of the notice	172
to the public official, the special commission's preliminary	173
determination automatically shall become its final determination	174
for purposes of division (C)(3) of this section.	175

Notwithstanding anything to the contrary in section l2l.22 of	176
the Revised Code, all meetings of the special commission shall be	177
closed to the public. Notwithstanding anything to the contrary in	178
section 149.43 of the Revised Code, the records of the special	179
commission shall not be made available to the public for	180
inspection or copying until the special commission issues its	181
written report under this division.	182

(3) Upon making the final determination described in division	183
(C)(2) of this section regarding a public official who is charged	184
with a felony, including, if applicable, conducting a meeting	185
pursuant to that division for the public official to contest the	186
preliminary determination, the special commission shall issue a	187
written report that sets forth its findings and final	188
determination. The special commission shall send the report by	189
certified mail to the public official, the attorney general if the	190
attorney general is prosecuting the case or the prosecuting	191
attorney with responsibility to prosecute the case, whichever is	192
applicable, and any other person that the special commission	193
determines to be appropriate. Upon the issuance of the report, one	194
of the following applies:	195

(a) If the special commission in its final determination does	196
not determine that the public official's administration of, or	197
conduct in the performance of the duties of, the official's	198
office, as covered by the charges, adversely affects the	199
functioning of that office or adversely affects the rights and	200
interests of the public, the special commission shall include in	201
the report a statement to that effect, and the public official	202
shall not be suspended from office. If the public official was	203
provisionally suspended from office under division (B)(2) of this	204
section, the provisional suspension shall terminate immediately	205
upon the issuance of the report.	206

(b) If the special commission in its final determination	207
determines that the public official's administration of, or	208
conduct in the performance of the duties of, the official's	209
office, as covered by the charges, adversely affects the	210
functioning of that office or adversely affects the rights and	211
interests of the public, the special commission shall include in	212
the report a holding that the public official be suspended from	213
office. The holding that the public official be suspended from	214
office and the suspension take effect immediately upon the special	215
commission's issuance of the report. If the public official was	216
provisionally suspended from office under division (B)(2) of this	217
section, the holding that the public official be suspended from	218
office shall continue the suspension immediately upon the special	219
commission's issuance of the report. The report and holding shall	220
have the same force and effect as a judgment of a court of record.	221

(4) A suspension imposed or continued under division (C)(3)	222
of this section shall continue until one of the following occurs:	223

(a) The public official is reinstated to office by an appeal	224
as provided in division (D) of this section;	225

(b) All charges are disposed of by dismissal or by a finding	226
or findings of not guilty;	227

(c) A successor is elected and qualified to serve the next	228
succeeding term of the public official's office.	229

(D) If a special commission issues a written report and	230
holding pursuant to division (C)(3)(b) of this section that	231
suspends a public official from office or that continues a	232
provisional suspension imposed under division (B)(2) of this	233
section, the public official may appeal the report and holding to	234
the supreme court. The public official shall take the appeal by	235
filing within thirty days of the date on which the report is	236
issued a notice of appeal with the supreme court and the special	237
commission. Unless waived, notice of the appeal shall be served	238
upon all persons to whom the report was sent under division (C)(3)	239
of this section. The special commission, upon written demand filed	240
by the public official, shall file with the supreme court, within	241
thirty days after the filing of the demand, a certified transcript	242
of the proceedings of the special commission pertaining to the	243
report and the evidence considered by the special commission in	244
making its decision.	245

The supreme court shall consider an appeal under this	246
division on an expedited basis. If the public official appeals the	247
report and holding, the appeal itself does not stay the operation	248
of the suspension imposed or continued under the report and	249
holding. If, upon hearing and consideration of the record and	250
evidence, the supreme court decides that the determinations and	251
findings of the special commission are reasonable and lawful, the	252
court shall affirm the special commission's report and holding and	253
the suspension and shall enter final judgment in accordance with	254
its decision. If the public official subsequently pleads guilty to	255
or is found guilty of any felony with which the public official	256
was charged, the public official is liable for any amount of	257
compensation paid to the official during the suspension, with the	258
liability relating back to the date of the original suspension	259
under the special commission's report and holding, and the amount	260
of that liability may be recovered as provided in division (E) of	261
this section. If, upon hearing and consideration of the record and	262
evidence, the supreme court decides that the determinations and	263
findings of the special commission are unreasonable or unlawful,	264
the court shall reverse and vacate the special commission's report	265
and holding and the suspension, reinstate the public official, and	266
enter final judgment in accordance with its decision.	267

The clerk of the supreme court shall certify the judgment of	268
the court to the special commission. Upon receipt of the judgment,	269
the special commission shall certify the judgment to all persons	270
to whom the special commission's report was certified under	271
division (C)(3) of this section and shall certify the judgment to	272
all other public officials or take any other action in connection	273
with the judgment as is required to give effect to it.	274

(E) Any public official suspended from office under this	275
section shall not exercise any of the rights, powers, or	276
responsibilities of the holder of that office during the period of	277
the suspension. The suspended public official, however, shall	278
retain the title of the holder of that office during the period of	279
the suspension and continue to receive the compensation that the	280
official is entitled to receive for holding that office during the	281
period of the suspension, until the public official pleads guilty	282
to or is found guilty of any felony with which the public official	283
is charged. For the duration of the public official's suspension,	284
a replacement official shall be appointed or elected to perform	285
the public official's duties of office in the manner provided by	286
law for filling a vacancy in that office. The replacement official	287
shall have all of the rights, powers, and responsibilities of, and	288
shall be entitled to the same rate of pay as, the suspended public	289
official.	290

A political subdivision may file a civil action in the	291
appropriate court to recover from any former public official of	292
the political subdivision the amount of compensation paid to that	293
former public official in accordance with this division from the	294
date of the former public official's suspension to the date the	295
former public official pleads guilty to or is found guilty of any	296
felony with which the former public official was charged.	297

Sec. 101.34. (A) There is hereby created a joint legislative	298
ethics committee to serve the general assembly. The committee	299
shall be composed of twelve members, six each from the two major	300
political parties, and each member shall serve on the committee	301
during the member's term as a member of that general assembly. Six	302
members of the committee shall be members of the house of	303
representatives appointed by the speaker of the house of	304
representatives, not more than three from the same political	305
party, and six members of the committee shall be members of the	306
senate appointed by the president of the senate, not more than	307
three from the same political party. A vacancy in the committee	308
shall be filled for the unexpired term in the same manner as an	309
original appointment. The members of the committee shall be	310
appointed within fifteen days after the first day of the first	311
regular session of each general assembly and the committee shall	312
meet and proceed to recommend an ethics code not later than thirty	313
days after the first day of the first regular session of each	314
general assembly.	315

In the first regular session of each general assembly, the	316
speaker of the house of representatives shall appoint the	317
chairperson of the committee from among the house members of the	318
committee, and the president of the senate shall appoint the	319
vice-chairperson of the committee from among the senate members of	320
the committee. In the second regular session of each general	321
assembly, the president of the senate shall appoint the	322
chairperson of the committee from among the senate members of the	323
committee, and the speaker of the house of representatives shall	324
appoint the vice-chairperson of the committee from among the house	325
members of the committee. The chairperson, vice-chairperson, and	326
members of the committee shall serve until their respective	327
successors are appointed or until they are no longer members of	328
the general assembly.	329

The committee shall meet at the call of the chairperson or	330
upon the written request of seven members of the committee.	331

(1) Shall recommend a code of ethics ~~which~~that is consistent	333
with law to govern all members and employees of each house of the	334
general assembly and all candidates for the office of member of	335
each house;	336

(2) May receive and hear any complaint ~~which~~that alleges a	337
breach of any privilege of either house, or misconduct of any	338
member, employee, or candidate, or any violation of the	339
appropriate code of ethics;	340

(3) May obtain information with respect to any complaint	341
filed pursuant to this section and to that end may enforce the	342
attendance and testimony of witnesses, and the production of books	343
and papers;	344