H. B. No. 522 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 522

Representative Murray

A BILL

To amend sections 121.41 and 121.42 of the Revised

Code to require the Inspector General to be

recused from any matter or investigation relating

to a state agency if the Inspector General has a

familial relationship with an employee of that

agency or the Inspector General was formerly

employed by that agency, and to require the

Inspector General to designate a deputy inspector

general to handle all matters relating to an

agency that is the subject of a recusal.

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

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

~~(D)~~(F) "Recusal" means the act of disqualifying oneself or	31
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;

(2) Any court;

(3) The secretary of state, auditor of state, treasurer of	38
state, or attorney general and their respective offices.	39

~~(E)~~(H) "State employee" means any person who is an employee	40
of a state agency or any person who does business with the state.	41

~~(F)~~(I) "State officer" means any person who is elected or	42
appointed to a public office in a state agency.	43

~~(G)~~(J) "Wrongful act or omission" means an act or omission,	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 ~~his~~the inspector general's own initiative in order to	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 ~~his~~the inspector general's own guidance and the	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 ~~(G)~~(J) of	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