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To amend sections 121.41 and 121.42 of the Revised | 1 |
Code to require the Inspector General to be | 2 |
recused from any matter or investigation relating | 3 |
to a state agency if the Inspector General has a | 4 |
familial relationship with an employee of that | 5 |
agency or the Inspector General was formerly | 6 |
employed by that agency, and to require the | 7 |
Inspector General to designate a deputy inspector | 8 |
general to handle all matters relating to an | 9 |
agency that is the subject of a recusal. | 10 |
Section 1. That sections 121.41 and 121.42 of the Revised | 11 |
Code be amended to read as follows: | 12 |
Sec. 121.41. As used in sections 121.41 to 121.50 of the | 13 |
Revised Code: | 14 |
(A) "Appropriate ethics commission" has the same meaning as | 15 |
in section 102.01 of the Revised Code. | 16 |
(B) "Appropriate licensing agency" means a public or private | 17 |
entity that is responsible for licensing, certifying, or | 18 |
registering persons who are engaged in a particular vocation. | 19 |
(C) "Designated deputy" means a deputy inspector general | 20 |
designated to act as the inspector general pursuant to division | 21 |
(K) of section 121.42 of the Revised Code as a result of the | 22 |
inspector general's recusal regarding a particular state agency. | 23 |
(D) "Familial relationship" means a relationship in which the | 24 |
inspector general is a spouse, sibling, natural or adoptive | 25 |
parent, or natural or adoptive child of an employee of a state | 26 |
agency. | 27 |
(E) "Person" has the same meaning as in section 1.59 of the | 28 |
Revised Code and also includes any officer or employee of the | 29 |
state or any political subdivision of the state. | 30 |
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withdrawing oneself from performing a duty or function as | 32 |
inspector general. | 33 |
(G) "State agency" has the same meaning as in section 1.60 of | 34 |
the Revised Code but does not include any of the following: | 35 |
(1) The general assembly; | 36 |
(2) Any court; | 37 |
(3) The secretary of state, auditor of state, treasurer of | 38 |
state, or attorney general and their respective offices. | 39 |
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of a state agency or any person who does business with the state. | 41 |
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appointed to a public office in a state agency. | 43 |
| 44 |
committed in the course of office holding or employment, that is | 45 |
not in accordance with the requirements of law or such standards | 46 |
of proper governmental conduct as are commonly accepted in the | 47 |
community and thereby subverts, or tends to subvert, the process | 48 |
of government. | 49 |
Sec. 121.42. The inspector general shall do all of the | 50 |
following: | 51 |
(A) Investigate the management and operation of state | 52 |
agencies on | 53 |
determine whether wrongful acts and omissions have been committed | 54 |
or are being committed by state officers or state employees; | 55 |
(B) Receive complaints under section 121.46 of the Revised | 56 |
Code alleging wrongful acts and omissions, determine whether the | 57 |
information contained in those complaints allege facts that give | 58 |
reasonable cause to investigate, and, if so, investigate to | 59 |
determine if there is reasonable cause to believe that the alleged | 60 |
wrongful act or omission has been committed or is being committed | 61 |
by a state officer or state employee; | 62 |
(C) Except as otherwise provided in this division, | 63 |
contemporaneously report suspected crimes and wrongful acts or | 64 |
omissions that were or are being committed by state officers or | 65 |
state employees to the governor and to the appropriate state or | 66 |
federal prosecuting authority with jurisdiction over the matter if | 67 |
there is reasonable cause to believe that a crime has occurred or | 68 |
is occurring. In addition, the inspector general shall report the | 69 |
wrongful acts or omissions, as appropriate under the | 70 |
circumstances, to the appropriate ethics commission in accordance | 71 |
with section 102.06 of the Revised Code, the appropriate licensing | 72 |
agency for possible disciplinary action, or the state officer's or | 73 |
state employee's appointing authority for possible disciplinary | 74 |
action. The inspector general shall not report a wrongful act or | 75 |
omission to a person as required by this division if that person | 76 |
allegedly committed or is committing the wrongful act or omission. | 77 |
(D) Except as otherwise provided in this division, | 78 |
contemporaneously report suspected crimes and wrongful acts or | 79 |
omissions that the inspector general becomes aware of in | 80 |
connection with an investigation of a state agency, state officer, | 81 |
or state employee, and that were or are being committed by persons | 82 |
who are not state officers or state employees to the governor and | 83 |
to the appropriate state or federal prosecuting authority with | 84 |
jurisdiction over the matter if there is reasonable cause to | 85 |
believe that a crime has occurred or is occurring. In addition, | 86 |
the inspector general shall report the wrongful acts or omissions, | 87 |
as appropriate under the circumstances, to the appropriate ethics | 88 |
commission in accordance with section 102.06 of the Revised Code, | 89 |
the appropriate licensing agency for possible disciplinary action, | 90 |
or the person's public or private employer for possible | 91 |
disciplinary action. The inspector general shall not report a | 92 |
wrongful act or omission to a person as required by this division | 93 |
if that person allegedly committed or is committing the wrongful | 94 |
act or omission. | 95 |
(E) Prepare a detailed report of each investigation that | 96 |
states the basis for the investigation, the action taken in | 97 |
furtherance of the investigation, and whether the investigation | 98 |
revealed that there was reasonable cause to believe that a | 99 |
wrongful act or omission had occurred. If a wrongful act or | 100 |
omission was identified during the investigation, the report shall | 101 |
identify the person who committed the wrongful act or omission, | 102 |
describe the wrongful act or omission, explain how it was | 103 |
detected, indicate to whom it was reported, and describe what the | 104 |
state agency in which the wrongful act or omission was being | 105 |
committed is doing to change its policies or procedures to prevent | 106 |
recurrences of similar wrongful acts or omissions. | 107 |
(F) Identify other state agencies that also are responsible | 108 |
for investigating, auditing, reviewing, or evaluating the | 109 |
management and operation of state agencies, and negotiate and | 110 |
enter into agreements with these agencies to share information and | 111 |
avoid duplication of effort; | 112 |
(G) For | 113 |
guidance of deputy inspectors general, develop and update in the | 114 |
light of experience, both of the following: | 115 |
(1) Within the scope of the definition in division | 116 |
section 121.41 of the Revised Code, a working definition of | 117 |
"wrongful act or omission"; | 118 |
(2) A manual of investigative techniques. | 119 |
(H) Conduct studies of techniques of investigating and | 120 |
detecting, and of preventing or reducing the risk of, wrongful | 121 |
acts and omissions by state officers and state employees; | 122 |
(I) Consult with state agencies and advise them in | 123 |
developing, implementing, and enforcing policies and procedures | 124 |
that will prevent or reduce the risk of wrongful acts and | 125 |
omissions by their state officers or state employees; | 126 |
(J) After detecting a wrongful act or omission, review and | 127 |
evaluate the relevant policies and procedures of the state agency | 128 |
in which the wrongful act or omission occurred, and advise the | 129 |
state agency as to any changes that should be made in its policies | 130 |
and procedures so as to prevent recurrences of similar wrongful | 131 |
acts or omissions; | 132 |
(K) Designate a deputy inspector general to act as inspector | 133 |
general with respect to all of the inspector general's duties | 134 |
under this chapter regarding any recusal of the inspector general. | 135 |
A deputy inspector general designated under this division shall | 136 |
not have a familial relationship with an employee, or be a former | 137 |
employee, of the state agency that is the subject of the recusal. | 138 |
(L) Recuse the inspector general from acting as the inspector | 139 |
general with respect to any matter or investigation regarding a | 140 |
state agency if the inspector general has a familial relationship | 141 |
with an employee of that agency or the state agency formerly | 142 |
employed the inspector general. The recusal shall include any | 143 |
issue related to such a state agency, including, but not limited | 144 |
to, any decision whether to investigate a complaint regarding the | 145 |
agency. | 146 |
(1) In the event of a recusal by the inspector general, the | 147 |
designated deputy shall act as inspector general and assume | 148 |
administration of the inspector general's office only to the | 149 |
extent necessary for the designated deputy to resolve any matter | 150 |
over which the inspector general is or was not able to act as | 151 |
inspector general due to the recusal. | 152 |
(2) Any actions related to a recusal by the inspector general | 153 |
shall be performed in the name of the designated deputy. Any | 154 |
employee of the inspector general's office, and any employee of | 155 |
the state agency that is the subject of the recusal, that would | 156 |
normally be required to communicate with, cooperate with, or | 157 |
provide assistance to the inspector general regarding a complaint | 158 |
or as part of an investigation of the state agency subject to the | 159 |
recusal shall communicate with, cooperate with, or provide | 160 |
assistance to the designated deputy regarding that state agency as | 161 |
if the designated deputy were the inspector general, and the | 162 |
designated deputy shall act as the inspector general with respect | 163 |
to that state agency. | 164 |
(3) Nothing in division (K) or (L) of this section shall be | 165 |
construed to supersede the governor's authority to appoint or | 166 |
remove the inspector general. The designation of a deputy under | 167 |
division (K) of this section shall coincide with the term of the | 168 |
governor or inspector general, whichever is applicable. | 169 |
Section 2. That existing sections 121.41 and 121.42 of the | 170 |
Revised Code are hereby repealed. | 171 |