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

To enact sections 3.16 and 2961.02 of the Revised

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Code to permit the Governor to suspend from office

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in accordance with a specified procedure any

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elected local government official, other than a

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judge, charged with a felony related to the

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official's administration of, or conduct in the

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performance of the duties of, the office and to

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prohibit a person who is convicted of certain

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felony theft offenses, or any other felony

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involving fraud, deceit, or theft, from holding a

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public office or position of public employment, or

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serving in certain unpaid volunteer positions,

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that involve substantial management or control of

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certain public or private property.

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

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

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

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

(2) "Public official" means any elected officer of a	20
political subdivision as defined in section 2744.01 of the Revised	21
Code. "Public official" does not include a judge of a court of	22
record.	23

(B)(1) If a public official is charged with a felony in a	24
state or federal court and if the attorney general, if the	25
attorney general is prosecuting the case, or prosecuting attorney	26
with responsibility to prosecute the case determines that the	27
felony relates to the public official's administration of, or	28
conduct in the performance of the duties of, the office of the	29
public official, the attorney general, if the attorney general is	30
prosecuting the case, or prosecuting attorney with responsibility	31
to prosecute the case shall transmit a copy of the charging	32
document to the governor with a request that the governor proceed	33
as provided in this section.	34

Upon receipt of the attorney general's or prosecuting	35
attorney's request, the governor shall provide the public official	36
with a written notice that, not later than fourteen days after the	37
date of the notice, the public official may file with the governor	38
a written statement either voluntarily authorizing the governor to	39
suspend the public official from office or setting forth the	40
reasons why the public official should not be suspended from	41
office. If the public official so authorizes a suspension from	42
office, the governor shall authorize the voluntary suspension, and	43
follow the applicable procedures set forth in this section; the	44
special commission described in division (B)(2) of this section	45
still shall be established.	46

(2) Not sooner than fourteen days after the governor's	47
receipt of the attorney general's or prosecuting attorney's	48
request, a special commission shall be established that, except as	49
otherwise provided in this division, shall be composed of the	50
attorney general and two retired justices or judges of a court of	51
record of this state appointed by the chief justice of the supreme	52
court. At least one commission member shall be of the same	53
political party as the charged public official. Members of the	54
commission shall receive no compensation for their services but	55
shall be reimbursed for any expenses incurred in connection with	56
commission functions from funds appropriated to the governor's	57
office. If the attorney general is prosecuting the case against	58
the charged public official, the attorney general shall not serve	59
on the commission, and the chief justice of the supreme court	60
shall additionally appoint to the commission a third retired	61
justice or judge of a court of record of this state.	62

(C) Once established, a special commission shall make the	63
determination required by this division and file a written report	64
of its findings and that determination with the governor within	65
fourteen days, unless the governor grants the commission a longer	66
period of time to take this action. The commission shall determine	67
whether the public official's administration of, or conduct in the	68
performance of the duties of, the official's office, as covered by	69
the charges, adversely affects the functioning of that office and	70
whether the rights and interests of the public are adversely	71
affected thereby. If the commission so determines, it shall	72
include in its report a recommendation that the public official be	73
suspended from office.	74

Notwithstanding anything to the contrary in section l2l.22 of	75
the Revised Code, all meetings of the special commission shall be	76
closed to the public. Notwithstanding anything to the contrary in	77
section 149.43 of the Revised Code, the records of the commission	78
shall not be made available to the public for inspection or	79
copying until the commission files its report with the governor.	80

(D) The governor shall review the findings, determination,	81
and recommendation of the special commission and, if, and only if,	82
the commission recommends the suspension of the charged public	83
official, may suspend the public official from office immediately,	84
without the need for any further action. That suspension shall	85
continue until one of the following occurs: the public official is	86
reinstated to office as provided in division (E) of this section;	87
all charges are disposed of by dismissal or by a finding or	88
findings of not guilty; or a successor is elected and qualified to	89
serve the next succeeding term of the public official's office.	90

If a special commission does not recommend the suspension of	91
a public official who previously was voluntarily suspended from	92
office under division (B) of this section, or if the governor,	93
after reviewing a special commission's recommendation to suspend,	94
determines not to continue the suspension of a public official who	95
previously was voluntarily suspended from office under division	96
(B) of this section, that public official's voluntary suspension	97
shall end immediately upon the governor's review of the	98
commission's recommendation not to suspend or upon the governor's	99
determination not to continue the voluntary suspension.	100

(E) If the governor suspends a public official from office	101
under division (D) of this section or continues under that	102
division the suspension of a public official who was voluntarily	103
suspended from office under division (B) of this section, the	104
public official may petition the governor to authorize	105
reestablishment of the special commission involved to again review	106
the official's suspension. The governor, in the governor's	107
discretion, may authorize reestablishment of the commission to	108
review the suspension. If it is reestablished, the commission,	109
within fourteen days of the reestablishment, shall make a	110
determination and file a written report of the determination, its	111
findings, and its recommendation as described in division (C) of	112
this section. If the commission recommends that the suspension of	113
the public official not be continued, the public official shall be	114
immediately reinstated to office.	115

(F) Any public official suspended from office under this	116
section shall not exercise any of the rights, powers, or	117
responsibilities of the holder of that office during the period of	118
the suspension. The suspended public official, however, shall	119
retain the title of the holder of that office during the period of	120
the suspension and continue to receive the compensation that the	121
official is entitled to receive for holding that office during the	122
period of the suspension, until the public official pleads guilty	123
to or is found guilty of any felony with which the public official	124
is charged. For the duration of the public official's suspension,	125
a replacement official shall be appointed or elected to perform	126
the public official's duties of office in the manner provided by	127
law for filling a vacancy in that office. The replacement official	128
shall have all of the rights, powers, and responsibilities of, and	129
shall be entitled to the same rate of pay as, the suspended public	130
official.	131

A political subdivision may file a civil action in the	132
appropriate court to recover from any former public official of	133
the political subdivision the amount of compensation paid to that	134
former public official in accordance with this division from the	135
date of the former public official's suspension to the date the	136
former public official pleads guilty to or is found guilty of any	137
felony with which the former public official was charged.	138

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

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(1) "Disqualifying offense" means an offense that has both of	140
the following characteristics:	141

(a) It is one of the following:

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(i) A theft offense that is a felony;

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(ii) A felony under the laws of this state, another state, or	144
the United States, that is not covered by division (A)(1)(a)(i) of	145
this section and that involves fraud, deceit, or theft.	146

(b) It is an offense for which the laws of this state,	147
another state, or the United States do not otherwise contain a	148
provision specifying permanent disqualification, or	149
disqualification for a specified period, from holding a public	150
office or position of public employment, or from serving as an	151
unpaid volunteer, as a result of conviction of the offense,	152
including, but not limited to, a provision such as that in	153
division (C)(1) of section 2921.41 of the Revised Code.	154

(2) "Political subdivision" has the same meaning as in	155
section 2744.01 of the Revised Code.	156

(3) "Private entity" includes an individual, corporation,	157
limited liability company, business trust, estate, trust,	158
partnership, or association that receives any funds from a state	159
agency or political subdivision to perform an activity on behalf	160
of the state agency or political subdivision.	161

(4) "State agency" has the same meaning as in section 1.60 of	162
the Revised Code.	163

(5) "Theft offense" has the same meaning as in section	164
2913.01 of the Revised Code.	165

(6) "Volunteer" means a person who serves as a volunteer	166
without compensation with a state agency or political subdivision	167
or who serves as a volunteer without compensation with a private	168
entity, including, but not limited to, an uncompensated auxiliary	169
police officer, auxiliary deputy sheriff, or volunteer	170
firefighter.	171

(B) Any person who is convicted of a disqualifying offense is	172
incompetent to hold a public office or position of public	173
employment or to serve as a volunteer, if holding the public	174
office or position of public employment or serving as the	175
volunteer involves substantial management or control over the	176
property of a state agency, political subdivision, or private	177
entity.	178

(C) Division (B) of this section does not apply if a	179
conviction of a disqualifying offense is reversed, expunged, or	180
annulled. The full pardon of a person convicted of a disqualifying	181
offense restores the privileges forfeited under division (B) of	182
this section, but the pardon does not release the person from the	183
costs of the person's conviction in this state, unless so	184
specified.	185