Sec. 102.02. (A) Except as otherwise provided in division | 12 |
(H) of this section, all of the following shall file with the | 13 |
appropriate ethics commission the disclosure statement described | 14 |
in this division on a form prescribed by the appropriate | 15 |
commission: every person who is elected to or is a candidate for a | 16 |
state, county, or city office and every person who is appointed to | 17 |
fill a vacancy for an unexpired term in such an elective office; | 18 |
all members of the state board of education; the director, | 19 |
assistant directors, deputy directors, division chiefs, or persons | 20 |
of equivalent rank of any administrative department of the state; | 21 |
the president or other chief administrative officer of every state | 22 |
institution of higher education as defined in section 3345.011 of | 23 |
the Revised Code; the executive director and the members of the | 24 |
capitol square review and advisory board appointed or employed | 25 |
pursuant to section 105.41 of the Revised Code; the chief | 26 |
executive officer and the members of the board of each state | 27 |
retirement system; each employee of a state retirement board who | 28 |
is a state retirement system investment officer licensed pursuant | 29 |
to section 1707.163 of the Revised Code; the members of the Ohio | 30 |
retirement study council appointed pursuant to division (C) of | 31 |
section 171.01 of the Revised Code; employees of the Ohio | 32 |
retirement study council, other than employees who perform purely | 33 |
administrative or clerical functions; the administrator of | 34 |
workers' compensation and each member of the bureau of workers' | 35 |
compensation board of directors; the bureau of workers' | 36 |
compensation director of investments; the chief investment officer | 37 |
of the bureau of workers' compensation; the director appointed by | 38 |
the workers' compensation council; all members of the board of | 39 |
commissioners on grievances and discipline of the supreme court | 40 |
and the ethics commission created under section 102.05 of the | 41 |
Revised Code; every business manager, treasurer, or superintendent | 42 |
of a city, local, exempted village, joint vocational, or | 43 |
cooperative education school district or an educational service | 44 |
center; every person who is elected to or is a candidate for the | 45 |
office of member of a board of education of a city, local, | 46 |
exempted village, joint vocational, or cooperative education | 47 |
school district or of a governing board of an educational service | 48 |
center that has a total student count of twelve thousand or more | 49 |
as most recently determined by the department of education | 50 |
pursuant to section 3317.03 of the Revised Code; every person who | 51 |
is appointed to the board of education of a municipal school | 52 |
district pursuant to division (B) or (F) of section 3311.71 of the | 53 |
Revised Code; all members of the board of directors of a sanitary | 54 |
district that is established under Chapter 6115. of the Revised | 55 |
Code and organized wholly for the purpose of providing a water | 56 |
supply for domestic, municipal, and public use, and that includes | 57 |
two municipal corporations in two counties; every public official | 58 |
or employee who is paid a salary or wage in accordance with | 59 |
schedule C of section 124.15 or schedule E-2 of section 124.152 of | 60 |
the Revised Code; members of the board of trustees and the | 61 |
executive director of the southern Ohio agricultural and community | 62 |
development foundation; all members appointed to the Ohio | 63 |
livestock care standards board under section 904.02 of the Revised | 64 |
Code; and every other public official or employee who is | 65 |
designated by the appropriate ethics commission pursuant to | 66 |
division (B) of this section. | 67 |
(2)(a) Subject to divisions (A)(2)(b) and (c) of this | 73 |
section and except as otherwise provided in section 102.022 of the | 74 |
Revised Code, identification of every source of income, other than | 75 |
income from a legislative agent identified in division (A)(2)(b) | 76 |
of this section, received during the preceding calendar year, in | 77 |
the person's own name or by any other person for the person's use | 78 |
or benefit, by the person filing the statement, and a brief | 79 |
description of the nature of the services for which the income was | 80 |
received. If the person filing the statement is a member of the | 81 |
general assembly, the statement shall identify the amount of every | 82 |
source of income received in accordance with the following ranges | 83 |
of amounts: zero or more, but less than one thousand dollars; one | 84 |
thousand dollars or more, but less than ten thousand dollars; ten | 85 |
thousand dollars or more, but less than twenty-five thousand | 86 |
dollars; twenty-five thousand dollars or more, but less than fifty | 87 |
thousand dollars; fifty thousand dollars or more, but less than | 88 |
one hundred thousand dollars; and one hundred thousand dollars or | 89 |
more. Division (A)(2)(a) of this section shall not be construed to | 90 |
require a person filing the statement who derives income from a | 91 |
business or profession to disclose the individual items of income | 92 |
that constitute the gross income of that business or profession, | 93 |
except for those individual items of income that are attributable | 94 |
to the person's or, if the income is shared with the person, the | 95 |
partner's, solicitation of services or goods or performance, | 96 |
arrangement, or facilitation of services or provision of goods on | 97 |
behalf of the business or profession of clients, including | 98 |
corporate clients, who are legislative agents. A person who files | 99 |
the statement under this section shall disclose the identity of | 100 |
and the amount of income received from a person who the public | 101 |
official or employee knows or has reason to know is doing or | 102 |
seeking to do business of any kind with the public official's or | 103 |
employee's agency. | 104 |
(b) If the person filing the statement is a member of the | 105 |
general assembly, the statement shall identify every source of | 106 |
income and the amount of that income that was received from a | 107 |
legislative agent during the preceding calendar year, in the | 108 |
person's own name or by any other person for the person's use or | 109 |
benefit, by the person filing the statement, and a brief | 110 |
description of the nature of the services for which the income was | 111 |
received. Division (A)(2)(b) of this section requires the | 112 |
disclosure of clients of attorneys or persons licensed under | 113 |
section 4732.12 of the Revised Code, or patients of persons | 114 |
certified under section 4731.14 of the Revised Code, if those | 115 |
clients or patients are legislative agents. Division (A)(2)(b) of | 116 |
this section requires a person filing the statement who derives | 117 |
income from a business or profession to disclose those individual | 118 |
items of income that constitute the gross income of that business | 119 |
or profession that are received from legislative agents. | 120 |
(c) Except as otherwise provided in division (A)(2)(c) of | 121 |
this section, division (A)(2)(a) of this section applies to | 122 |
attorneys, physicians, and other persons who engage in the | 123 |
practice of a profession and who, pursuant to a section of the | 124 |
Revised Code, the common law of this state, a code of ethics | 125 |
applicable to the profession, or otherwise, generally are required | 126 |
not to reveal, disclose, or use confidences of clients, patients, | 127 |
or other recipients of professional services except under | 128 |
specified circumstances or generally are required to maintain | 129 |
those types of confidences as privileged communications except | 130 |
under specified circumstances. Division (A)(2)(a) of this section | 131 |
does not require an attorney, physician, or other professional | 132 |
subject to a confidentiality requirement as described in division | 133 |
(A)(2)(c) of this section to disclose the name, other identity, or | 134 |
address of a client, patient, or other recipient of professional | 135 |
services if the disclosure would threaten the client, patient, or | 136 |
other recipient of professional services, would reveal details of | 137 |
the subject matter for which legal, medical, or professional | 138 |
advice or other services were sought, or would reveal an otherwise | 139 |
privileged communication involving the client, patient, or other | 140 |
recipient of professional services. Division (A)(2)(a) of this | 141 |
section does not require an attorney, physician, or other | 142 |
professional subject to a confidentiality requirement as described | 143 |
in division (A)(2)(c) of this section to disclose in the brief | 144 |
description of the nature of services required by division | 145 |
(A)(2)(a) of this section any information pertaining to specific | 146 |
professional services rendered for a client, patient, or other | 147 |
recipient of professional services that would reveal details of | 148 |
the subject matter for which legal, medical, or professional | 149 |
advice was sought or would reveal an otherwise privileged | 150 |
communication involving the client, patient, or other recipient of | 151 |
professional services. | 152 |
(3) The name of every corporation on file with the secretary | 153 |
of state that is incorporated in this state or holds a certificate | 154 |
of compliance authorizing it to do business in this state, trust, | 155 |
business trust, partnership, or association that transacts | 156 |
business in this state in which the person filing the statement or | 157 |
any other person for the person's use and benefit had during the | 158 |
preceding calendar year an investment of over one thousand dollars | 159 |
at fair market value as of the thirty-first day of December of the | 160 |
preceding calendar year, or the date of disposition, whichever is | 161 |
earlier, or in which the person holds any office or has a | 162 |
fiduciary relationship, and a description of the nature of the | 163 |
investment, office, or relationship. Division (A)(3) of this | 164 |
section does not require disclosure of the name of any bank, | 165 |
savings and loan association, credit union, or building and loan | 166 |
association with which the person filing the statement has a | 167 |
deposit or a withdrawable share account. | 168 |
(5) The names of all persons residing or transacting business | 174 |
in the state to whom the person filing the statement owes, in the | 175 |
person's own name or in the name of any other person, more than | 176 |
one thousand dollars. Division (A)(5) of this section shall not be | 177 |
construed to require the disclosure of debts owed by the person | 178 |
resulting from the ordinary conduct of a business or profession or | 179 |
debts on the person's residence or real property used primarily | 180 |
for personal recreation, except that the superintendent of | 181 |
financial institutions shall disclose the names of all | 182 |
state-chartered savings and loan associations and of all service | 183 |
corporations subject to regulation under division (E)(2) of | 184 |
section 1151.34 of the Revised Code to whom the superintendent in | 185 |
the superintendent's own name or in the name of any other person | 186 |
owes any money, and that the superintendent and any deputy | 187 |
superintendent of banks shall disclose the names of all | 188 |
state-chartered banks and all bank subsidiary corporations subject | 189 |
to regulation under section 1109.44 of the Revised Code to whom | 190 |
the superintendent or deputy superintendent owes any money. | 191 |
(7) Except as otherwise provided in section 102.022 of the | 203 |
Revised Code, the source of each gift of over seventy-five | 204 |
dollars, or of each gift of over twenty-five dollars received by a | 205 |
member of the general assembly from a legislative agent, received | 206 |
by the person in the person's own name or by any other person for | 207 |
the person's use or benefit during the preceding calendar year, | 208 |
except gifts received by will or by virtue of section 2105.06 of | 209 |
the Revised Code, or received from spouses, parents, grandparents, | 210 |
children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 211 |
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 212 |
fathers-in-law, mothers-in-law, or any person to whom the person | 213 |
filing the statement stands in loco parentis, or received by way | 214 |
of distribution from any inter vivos or testamentary trust | 215 |
established by a spouse or by an ancestor; | 216 |
(8) Except as otherwise provided in section 102.022 of the | 217 |
Revised Code, identification of the source and amount of every | 218 |
payment of expenses incurred for travel to destinations inside or | 219 |
outside this state that is received by the person in the person's | 220 |
own name or by any other person for the person's use or benefit | 221 |
and that is incurred in connection with the person's official | 222 |
duties, except for expenses for travel to meetings or conventions | 223 |
of a national or state organization to which any state agency, | 224 |
including, but not limited to, any legislative agency or state | 225 |
institution of higher education as defined in section 3345.011 of | 226 |
the Revised Code, pays membership dues, or any political | 227 |
subdivision or any office or agency of a political subdivision | 228 |
pays membership dues; | 229 |
(9) Except as otherwise provided in section 102.022 of the | 230 |
Revised Code, identification of the source of payment of expenses | 231 |
for meals and other food and beverages, other than for meals and | 232 |
other food and beverages provided at a meeting at which the person | 233 |
participated in a panel, seminar, or speaking engagement or at a | 234 |
meeting or convention of a national or state organization to which | 235 |
any state agency, including, but not limited to, any legislative | 236 |
agency or state institution of higher education as defined in | 237 |
section 3345.011 of the Revised Code, pays membership dues, or any | 238 |
political subdivision or any office or agency of a political | 239 |
subdivision pays membership dues, that are incurred in connection | 240 |
with the person's official duties and that exceed one hundred | 241 |
dollars aggregated per calendar year; | 242 |
(10) If the disclosure statement is filed by a public | 243 |
official or employee described in division (B)(2) of section | 244 |
101.73 of the Revised Code or division (B)(2) of section 121.63 of | 245 |
the Revised Code who receives a statement from a legislative | 246 |
agent, executive agency lobbyist, or employer that contains the | 247 |
information described in division (F)(2) of section 101.73 of the | 248 |
Revised Code or division (G)(2) of section 121.63 of the Revised | 249 |
Code, all of the nondisputed information contained in the | 250 |
statement delivered to that public official or employee by the | 251 |
legislative agent, executive agency lobbyist, or employer under | 252 |
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 253 |
the Revised Code. | 254 |
A person may file a statement required by this section in | 255 |
person or by mail. A person who is a candidate for elective office | 256 |
shall file the statement no later than the thirtieth day before | 257 |
the primary, special, or general election at which the candidacy | 258 |
is to be voted on, whichever election occurs soonest, except that | 259 |
a person who is a write-in candidate shall file the statement no | 260 |
later than the twentieth day before the earliest election at which | 261 |
the person's candidacy is to be voted on. A person who holds | 262 |
elective office shall file the statement on or before the | 263 |
fifteenth day of April of each year unless the person is a | 264 |
candidate for office. A person who is appointed to fill a vacancy | 265 |
for an unexpired term in an elective office shall file the | 266 |
statement within fifteen days after the person qualifies for | 267 |
office. Other persons shall file an annual statement on or before | 268 |
the fifteenth day of April or, if appointed or employed after that | 269 |
date, within ninety days after appointment or employment. No | 270 |
person shall be required to file with the appropriate ethics | 271 |
commission more than one statement or pay more than one filing fee | 272 |
for any one calendar year. | 273 |
(B) The Ohio ethics commission, the joint legislative ethics | 280 |
committee, and the board of commissioners on grievances and | 281 |
discipline of the supreme court, using the rule-making procedures | 282 |
of Chapter 119. of the Revised Code, may require any class of | 283 |
public officials or employees under its jurisdiction and not | 284 |
specifically excluded by this section whose positions involve a | 285 |
substantial and material exercise of administrative discretion in | 286 |
the formulation of public policy, expenditure of public funds, | 287 |
enforcement of laws and rules of the state or a county or city, or | 288 |
the execution of other public trusts, to file an annual statement | 289 |
on or before the fifteenth day of April under division (A) of this | 290 |
section. The appropriate ethics commission shall send the public | 291 |
officials or employees written notice of the requirement by the | 292 |
fifteenth day of February of each year the filing is required | 293 |
unless the public official or employee is appointed after that | 294 |
date, in which case the notice shall be sent within thirty days | 295 |
after appointment, and the filing shall be made not later than | 296 |
ninety days after appointment. | 297 |
Except for disclosure statements filed by members of the | 298 |
board of trustees and the executive director of the southern Ohio | 299 |
agricultural and community development foundation, disclosure | 300 |
statements filed under this division with the Ohio ethics | 301 |
commission by members of boards, commissions, or bureaus of the | 302 |
state for which no compensation is received other than reasonable | 303 |
and necessary expenses shall be kept confidential. Disclosure | 304 |
statements filed with the Ohio ethics commission under division | 305 |
(A) of this section by business managers, treasurers, and | 306 |
superintendents of city, local, exempted village, joint | 307 |
vocational, or cooperative education school districts or | 308 |
educational service centers shall be kept confidential, except | 309 |
that any person conducting an audit of any such school district or | 310 |
educational service center pursuant to section 115.56 or Chapter | 311 |
117. of the Revised Code may examine the disclosure statement of | 312 |
any business manager, treasurer, or superintendent of that school | 313 |
district or educational service center. The Ohio ethics commission | 314 |
shall examine each disclosure statement required to be kept | 315 |
confidential to determine whether a potential conflict of interest | 316 |
exists for the person who filed the disclosure statement. A | 317 |
potential conflict of interest exists if the private interests of | 318 |
the person, as indicated by the person's disclosure statement, | 319 |
might interfere with the public interests the person is required | 320 |
to serve in the exercise of the person's authority and duties in | 321 |
the person's office or position of employment. If the commission | 322 |
determines that a potential conflict of interest exists, it shall | 323 |
notify the person who filed the disclosure statement and shall | 324 |
make the portions of the disclosure statement that indicate a | 325 |
potential conflict of interest subject to public inspection in the | 326 |
same manner as is provided for other disclosure statements. Any | 327 |
portion of the disclosure statement that the commission determines | 328 |
does not indicate a potential conflict of interest shall be kept | 329 |
confidential by the commission and shall not be made subject to | 330 |
public inspection, except as is necessary for the enforcement of | 331 |
Chapters 102. and 2921. of the Revised Code and except as | 332 |
otherwise provided in this division. | 333 |
(C) After the initial terms served in accordance with | 481 |
division (B) of this section, terms of office shall be for three | 482 |
years with each term ending on the same day of the same month as | 483 |
did the term that it succeeds. However, the terms for the director | 484 |
of agriculture and the state veterinarian shall coincide with the | 485 |
length of time that the person holds the position of director or | 486 |
state veterinarian, as applicable. If the director or the state | 487 |
veterinarian resigns or that person's employment is terminated, | 488 |
the director or state veterinarian, as applicable, shall cease to | 489 |
serve on the board, and the successor of the director or state | 490 |
veterinarian shall then serve on the board in accordance with this | 491 |
section. Every other member shall hold office from the date of the | 492 |
member's appointment until the end of the term for which the | 493 |
member was appointed. | 494 |
(B) With the consent of the premises owner and, if the | 609 |
premises owner is different from the livestock owner, the | 610 |
livestock owner, the director or the director's authorized | 611 |
representative may enter at all reasonable times on any premises | 612 |
for the purpose of determining compliance with the rules adopted | 613 |
under section 904.03 of the Revised Code. If the director or the | 614 |
director's authorized representative is denied access to the | 615 |
premises and the director or the director's authorized | 616 |
representative suspects that those rules are not being complied | 617 |
with, the director may apply for a search warrant authorizing | 618 |
access from a court of competent jurisdiction. The court shall | 619 |
issue the search warrant if there is probable cause. Probable | 620 |
cause may be based on hearsay, provided that there is substantial | 621 |
basis for believing the source is credible and there is factual | 622 |
basis for the information. | 623 |