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To amend sections 1.60, 102.01, 117.01, 121.01, | 1 |
121.22, 121.41, 121.60, 122.011, 124.01, 145.012, | 2 |
149.011, 2921.01, and 4117.01 and to enact | 3 |
sections 187.01 to 187.07 of the Revised Code to | 4 |
authorize the Governor to form a nonprofit | 5 |
corporation that would perform such state economic | 6 |
development functions as directed by law and | 7 |
pursuant to a contract with the Department of | 8 |
Development, and to make an appropriation. | 9 |
Section 1. That sections 1.60, 102.01, 117.01, 121.01, | 10 |
121.22, 121.41, 121.60, 122.011, 124.01, 145.012, 149.011, | 11 |
2921.01, and 4117.01 be amended and sections 187.01, 187.02, | 12 |
187.03, 187.04, 187.05, 187.06, and 187.07 of the Revised Code be | 13 |
enacted to read as follows: | 14 |
Sec. 1.60. As used in Title I of the Revised Code, "state | 15 |
agency," except as otherwise provided in the title, means every | 16 |
organized body, office, or agency established by the laws of the | 17 |
state for the exercise of any function of state government. "State | 18 |
agency" does not include the nonprofit corporation formed under | 19 |
section 187.01 of the Revised Code. | 20 |
Sec. 102.01. As used in this chapter: | 21 |
(A) "Compensation" means money, thing of value, or financial | 22 |
benefit. "Compensation" does not include reimbursement for actual | 23 |
and necessary expenses incurred in the performance of official | 24 |
duties. | 25 |
(B) "Public official or employee" means any person who is | 26 |
elected or appointed to an office or is an employee of any public | 27 |
agency. "Public official or employee" does not include a person | 28 |
elected or appointed to the office of precinct, ward, or district | 29 |
committee member under section 3517.03 of the Revised Code, any | 30 |
presidential elector, or any delegate to a national convention. | 31 |
"Public official or employee" does not include a person who is a | 32 |
teacher, instructor, professor, or other kind of educator whose | 33 |
position does not involve the performance of, or authority to | 34 |
perform, administrative or supervisory functions. | 35 |
(C) "Public agency" means the general assembly, all courts, | 36 |
any department, division, institution, board, commission, | 37 |
authority, bureau or other instrumentality of the state, a county, | 38 |
city, village, or township, the five state retirement systems, or | 39 |
any other governmental entity. "Public agency" does not include a | 40 |
department, division, institution, board, commission, authority, | 41 |
or other instrumentality of the state or a county, municipal | 42 |
corporation, township, or other governmental entity that functions | 43 |
exclusively for cultural, educational, historical, humanitarian, | 44 |
advisory, or research purposes; that does not expend more than ten | 45 |
thousand dollars per calendar year, excluding salaries and wages | 46 |
of employees; and whose members are uncompensated. "Public agency" | 47 |
does not include the nonprofit corporation formed under section | 48 |
187.01 of the Revised Code. | 49 |
(D) "Immediate family" means a spouse residing in the | 50 |
person's household and any dependent child. | 51 |
(E) "Income" includes gross income as defined and used in the | 52 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 53 |
amended, interest and dividends on obligations or securities of | 54 |
any state or of any political subdivision or authority of any | 55 |
state or political subdivision, and interest or dividends on | 56 |
obligations of any authority, commission, or instrumentality of | 57 |
the United States. | 58 |
(F) Except as otherwise provided in division (A) of section | 59 |
102.08 of the Revised Code, "appropriate ethics commission" means: | 60 |
(1) For matters relating to members of the general assembly, | 61 |
employees of the general assembly, employees of the legislative | 62 |
service commission, and candidates for the office of member of the | 63 |
general assembly, the joint legislative ethics committee; | 64 |
(2) For matters relating to judicial officers and employees, | 65 |
and candidates for judicial office, the board of commissioners on | 66 |
grievances and discipline of the supreme court; | 67 |
(3) For matters relating to all other persons, the Ohio | 68 |
ethics commission. | 69 |
(G) "Anything of value" has the same meaning as provided in | 70 |
section 1.03 of the Revised Code and includes, but is not limited | 71 |
to, a contribution as defined in section 3517.01 of the Revised | 72 |
Code. | 73 |
(H) "Honorarium" means any payment made in consideration for | 74 |
any speech given, article published, or attendance at any public | 75 |
or private conference, convention, meeting, social event, meal, or | 76 |
similar gathering. "Honorarium" does not include ceremonial gifts | 77 |
or awards that have insignificant monetary value; unsolicited | 78 |
gifts of nominal value or trivial items of informational value; or | 79 |
earned income from any person, other than a legislative agent, for | 80 |
personal services that are customarily provided in connection with | 81 |
the practice of a bona fide business, if that business initially | 82 |
began before the public official or employee conducting that | 83 |
business was elected or appointed to the public official's or | 84 |
employee's office or position of employment. | 85 |
(I) "Employer" means any person who, directly or indirectly, | 86 |
engages an executive agency lobbyist or legislative agent. | 87 |
(J) "Executive agency decision," "executive agency lobbyist," | 88 |
and "executive agency lobbying activity" have the same meanings as | 89 |
in section 121.60 of the Revised Code. | 90 |
(K) "Legislation," "legislative agent," "financial | 91 |
transaction," and "actively advocate" have the same meanings as in | 92 |
section 101.70 of the Revised Code. | 93 |
(L) "Expenditure" has the same meaning as in section 101.70 | 94 |
of the Revised Code when used in relation to activities of a | 95 |
legislative agent, and the same meaning as in section 121.60 of | 96 |
the Revised Code when used in relation to activities of an | 97 |
executive agency lobbyist. | 98 |
Sec. 117.01. As used in this chapter: | 99 |
(A) "Color of office" means actually, purportedly, or | 100 |
allegedly done under any law, ordinance, resolution, order, or | 101 |
other pretension to official right, power, or authority. | 102 |
(B) "Public accountant" means any person who is authorized by | 103 |
Chapter 4701. of the Revised Code to use the designation of | 104 |
certified public accountant or who was registered prior to January | 105 |
1, 1971, as a public accountant. | 106 |
(C) "Public money" means any money received, collected by, or | 107 |
due a public official under color of office, as well as any money | 108 |
collected by any individual on behalf of a public office or as a | 109 |
purported representative or agent of the public office. | 110 |
(D) "Public office" means any state agency, public | 111 |
institution, political subdivision, other organized body, office, | 112 |
agency, institution, or entity established by the laws of this | 113 |
state for the exercise of any function of government. "Public | 114 |
office" does not include the nonprofit corporation formed under | 115 |
section 187.01 of the Revised Code. | 116 |
(E) "Public official" means any officer, employee, or duly | 117 |
authorized representative or agent of a public office. | 118 |
(F) "State agency" means every organized body, office, | 119 |
agency, institution, or other entity established by the laws of | 120 |
the state for the exercise of any function of state government. | 121 |
(G) "Audit" means any of the following: | 122 |
(1) Any examination, analysis, or inspection of the state's | 123 |
or a public office's financial statements or reports; | 124 |
(2) Any examination, analysis, or inspection of records, | 125 |
documents, books, or any other evidence relating to either of the | 126 |
following: | 127 |
(a) The collection, receipt, accounting, use, or expenditure | 128 |
of public money by a public office or by a private institution, | 129 |
association, board, or corporation; | 130 |
(b) The determination by the auditor of state, as required by | 131 |
section 117.11 of the Revised Code, of whether a public office has | 132 |
complied with all the laws, rules, ordinances, or orders | 133 |
pertaining to the public office. | 134 |
(3) Any other type of examination, analysis, or inspection of | 135 |
a public office or of a private institution, association, board, | 136 |
or corporation receiving public money that is conducted according | 137 |
to generally accepted or governmental auditing standards | 138 |
established by rule pursuant to section 117.19 of the Revised | 139 |
Code. | 140 |
Sec. 121.01. As used in sections 121.01 to 121.20 of the | 141 |
Revised Code: | 142 |
(A) "Department" means the several departments of state | 143 |
administration enumerated in section 121.02 of the Revised Code. | 144 |
(B) "Division" means a part of a department established as | 145 |
provided in section 121.07 of the Revised Code for the convenient | 146 |
performance of one or more of the functions committed to a | 147 |
department. | 148 |
(C) "Departments, offices, and institutions" include every | 149 |
organized body, office, and agency established by the constitution | 150 |
and laws of the state for the exercise of any function of the | 151 |
state government, and every institution or organization which | 152 |
receives any support from the state. "Departments, offices, and | 153 |
institutions" does not include the nonprofit corporation formed | 154 |
under section 187.01 of the Revised Code. | 155 |
Sec. 121.22. (A) This section shall be liberally construed | 156 |
to require public officials to take official action and to conduct | 157 |
all deliberations upon official business only in open meetings | 158 |
unless the subject matter is specifically excepted by law. | 159 |
(B) As used in this section: | 160 |
(1) "Public body" means any of the following: | 161 |
(a) Any board, commission, committee, council, or similar | 162 |
decision-making body of a state agency, institution, or authority, | 163 |
and any legislative authority or board, commission, committee, | 164 |
council, agency, authority, or similar decision-making body of any | 165 |
county, township, municipal corporation, school district, or other | 166 |
political subdivision or local public institution; | 167 |
(b) Any committee or subcommittee of a body described in | 168 |
division (B)(1)(a) of this section; | 169 |
(c) A court of jurisdiction of a sanitary district organized | 170 |
wholly for the purpose of providing a water supply for domestic, | 171 |
municipal, and public use when meeting for the purpose of the | 172 |
appointment, removal, or reappointment of a member of the board of | 173 |
directors of such a district pursuant to section 6115.10 of the | 174 |
Revised Code, if applicable, or for any other matter related to | 175 |
such a district other than litigation involving the district. As | 176 |
used in division (B)(1)(c) of this section, "court of | 177 |
jurisdiction" has the same meaning as "court" in section 6115.01 | 178 |
of the Revised Code. | 179 |
(2) "Meeting" means any prearranged discussion of the public | 180 |
business of the public body by a majority of its members. | 181 |
(3) "Regulated individual" means either of the following: | 182 |
(a) A student in a state or local public educational | 183 |
institution; | 184 |
(b) A person who is, voluntarily or involuntarily, an inmate, | 185 |
patient, or resident of a state or local institution because of | 186 |
criminal behavior, mental illness or retardation, disease, | 187 |
disability, age, or other condition requiring custodial care. | 188 |
(4) "Public office" has the same meaning as in section | 189 |
149.011 of the Revised Code. | 190 |
(C) All meetings of any public body are declared to be public | 191 |
meetings open to the public at all times. A member of a public | 192 |
body shall be present in person at a meeting open to the public to | 193 |
be considered present or to vote at the meeting and for purposes | 194 |
of determining whether a quorum is present at the meeting. | 195 |
The minutes of a regular or special meeting of any public | 196 |
body shall be promptly prepared, filed, and maintained and shall | 197 |
be open to public inspection. The minutes need only reflect the | 198 |
general subject matter of discussions in executive sessions | 199 |
authorized under division (G) or (J) of this section. | 200 |
(D) This section does not apply to any of the following: | 201 |
(1) A grand jury; | 202 |
(2) An audit conference conducted by the auditor of state or | 203 |
independent certified public accountants with officials of the | 204 |
public office that is the subject of the audit; | 205 |
(3) The adult parole authority when its hearings are | 206 |
conducted at a correctional institution for the sole purpose of | 207 |
interviewing inmates to determine parole or pardon; | 208 |
(4) The organized crime investigations commission established | 209 |
under section 177.01 of the Revised Code; | 210 |
(5) Meetings of a child fatality review board established | 211 |
under section 307.621 of the Revised Code and meetings conducted | 212 |
pursuant to sections 5153.171 to 5153.173 of the Revised Code; | 213 |
(6) The state medical board when determining whether to | 214 |
suspend a certificate without a prior hearing pursuant to division | 215 |
(G) of either section 4730.25 or 4731.22 of the Revised Code; | 216 |
(7) The board of nursing when determining whether to suspend | 217 |
a license or certificate without a prior hearing pursuant to | 218 |
division (B) of section 4723.281 of the Revised Code; | 219 |
(8) The state board of pharmacy when determining whether to | 220 |
suspend a license without a prior hearing pursuant to division (D) | 221 |
of section 4729.16 of the Revised Code; | 222 |
(9) The state chiropractic board when determining whether to | 223 |
suspend a license without a hearing pursuant to section 4734.37 of | 224 |
the Revised Code | 225 |
(10) The executive committee of the emergency response | 226 |
commission when determining whether to issue an enforcement order | 227 |
or request that a civil action, civil penalty action, or criminal | 228 |
action be brought to enforce Chapter 3750. of the Revised Code; | 229 |
(11) The board of directors of the nonprofit corporation | 230 |
formed under section 187.01 of the Revised Code or any committee | 231 |
thereof, and the board of directors of any subsidiary of that | 232 |
corporation or a committee thereof. | 233 |
(E) The controlling board, the development financing advisory | 234 |
council, the industrial technology and enterprise advisory | 235 |
council, the tax credit authority, or the minority development | 236 |
financing advisory board, when meeting to consider granting | 237 |
assistance pursuant to Chapter 122. or 166. of the Revised Code, | 238 |
in order to protect the interest of the applicant or the possible | 239 |
investment of public funds, by unanimous vote of all board, | 240 |
council, or authority members present, may close the meeting | 241 |
during consideration of the following information confidentially | 242 |
received by the authority, council, or board from the applicant: | 243 |
(1) Marketing plans; | 244 |
(2) Specific business strategy; | 245 |
(3) Production techniques and trade secrets; | 246 |
(4) Financial projections; | 247 |
(5) Personal financial statements of the applicant or members | 248 |
of the applicant's immediate family, including, but not limited | 249 |
to, tax records or other similar information not open to public | 250 |
inspection. | 251 |
The vote by the authority, council, or board to accept or | 252 |
reject the application, as well as all proceedings of the | 253 |
authority, council, or board not subject to this division, shall | 254 |
be open to the public and governed by this section. | 255 |
(F) Every public body, by rule, shall establish a reasonable | 256 |
method whereby any person may determine the time and place of all | 257 |
regularly scheduled meetings and the time, place, and purpose of | 258 |
all special meetings. A public body shall not hold a special | 259 |
meeting unless it gives at least twenty-four hours' advance notice | 260 |
to the news media that have requested notification, except in the | 261 |
event of an emergency requiring immediate official action. In the | 262 |
event of an emergency, the member or members calling the meeting | 263 |
shall notify the news media that have requested notification | 264 |
immediately of the time, place, and purpose of the meeting. | 265 |
The rule shall provide that any person, upon request and | 266 |
payment of a reasonable fee, may obtain reasonable advance | 267 |
notification of all meetings at which any specific type of public | 268 |
business is to be discussed. Provisions for advance notification | 269 |
may include, but are not limited to, mailing the agenda of | 270 |
meetings to all subscribers on a mailing list or mailing notices | 271 |
in self-addressed, stamped envelopes provided by the person. | 272 |
(G) Except as provided in division (J) of this section, the | 273 |
members of a public body may hold an executive session only after | 274 |
a majority of a quorum of the public body determines, by a roll | 275 |
call vote, to hold an executive session and only at a regular or | 276 |
special meeting for the sole purpose of the consideration of any | 277 |
of the following matters: | 278 |
(1) To consider the appointment, employment, dismissal, | 279 |
discipline, promotion, demotion, or compensation of a public | 280 |
employee or official, or the investigation of charges or | 281 |
complaints against a public employee, official, licensee, or | 282 |
regulated individual, unless the public employee, official, | 283 |
licensee, or regulated individual requests a public hearing. | 284 |
Except as otherwise provided by law, no public body shall hold an | 285 |
executive session for the discipline of an elected official for | 286 |
conduct related to the performance of the elected official's | 287 |
official duties or for the elected official's removal from office. | 288 |
If a public body holds an executive session pursuant to division | 289 |
(G)(1) of this section, the motion and vote to hold that executive | 290 |
session shall state which one or more of the approved purposes | 291 |
listed in division (G)(1) of this section are the purposes for | 292 |
which the executive session is to be held, but need not include | 293 |
the name of any person to be considered at the meeting. | 294 |
(2) To consider the purchase of property for public purposes, | 295 |
or for the sale of property at competitive bidding, if premature | 296 |
disclosure of information would give an unfair competitive or | 297 |
bargaining advantage to a person whose personal, private interest | 298 |
is adverse to the general public interest. No member of a public | 299 |
body shall use division (G)(2) of this section as a subterfuge for | 300 |
providing covert information to prospective buyers or sellers. A | 301 |
purchase or sale of public property is void if the seller or buyer | 302 |
of the public property has received covert information from a | 303 |
member of a public body that has not been disclosed to the general | 304 |
public in sufficient time for other prospective buyers and sellers | 305 |
to prepare and submit offers. | 306 |
If the minutes of the public body show that all meetings and | 307 |
deliberations of the public body have been conducted in compliance | 308 |
with this section, any instrument executed by the public body | 309 |
purporting to convey, lease, or otherwise dispose of any right, | 310 |
title, or interest in any public property shall be conclusively | 311 |
presumed to have been executed in compliance with this section | 312 |
insofar as title or other interest of any bona fide purchasers, | 313 |
lessees, or transferees of the property is concerned. | 314 |
(3) Conferences with an attorney for the public body | 315 |
concerning disputes involving the public body that are the subject | 316 |
of pending or imminent court action; | 317 |
(4) Preparing for, conducting, or reviewing negotiations or | 318 |
bargaining sessions with public employees concerning their | 319 |
compensation or other terms and conditions of their employment; | 320 |
(5) Matters required to be kept confidential by federal law | 321 |
or regulations or state statutes; | 322 |
(6) Details relative to the security arrangements and | 323 |
emergency response protocols for a public body or a public office, | 324 |
if disclosure of the matters discussed could reasonably be | 325 |
expected to jeopardize the security of the public body or public | 326 |
office; | 327 |
(7) In the case of a county hospital operated pursuant to | 328 |
Chapter 339. of the Revised Code, a joint township hospital | 329 |
operated pursuant to Chapter 513. of the Revised Code, or a | 330 |
municipal hospital operated pursuant to Chapter 749. of the | 331 |
Revised Code, to consider trade secrets, as defined in section | 332 |
1333.61 of the Revised Code. | 333 |
If a public body holds an executive session to consider any | 334 |
of the matters listed in divisions (G)(2) to (7) of this section, | 335 |
the motion and vote to hold that executive session shall state | 336 |
which one or more of the approved matters listed in those | 337 |
divisions are to be considered at the executive session. | 338 |
A public body specified in division (B)(1)(c) of this section | 339 |
shall not hold an executive session when meeting for the purposes | 340 |
specified in that division. | 341 |
(H) A resolution, rule, or formal action of any kind is | 342 |
invalid unless adopted in an open meeting of the public body. A | 343 |
resolution, rule, or formal action adopted in an open meeting that | 344 |
results from deliberations in a meeting not open to the public is | 345 |
invalid unless the deliberations were for a purpose specifically | 346 |
authorized in division (G) or (J) of this section and conducted at | 347 |
an executive session held in compliance with this section. A | 348 |
resolution, rule, or formal action adopted in an open meeting is | 349 |
invalid if the public body that adopted the resolution, rule, or | 350 |
formal action violated division (F) of this section. | 351 |
(I)(1) Any person may bring an action to enforce this | 352 |
section. An action under division (I)(1) of this section shall be | 353 |
brought within two years after the date of the alleged violation | 354 |
or threatened violation. Upon proof of a violation or threatened | 355 |
violation of this section in an action brought by any person, the | 356 |
court of common pleas shall issue an injunction to compel the | 357 |
members of the public body to comply with its provisions. | 358 |
(2)(a) If the court of common pleas issues an injunction | 359 |
pursuant to division (I)(1) of this section, the court shall order | 360 |
the public body that it enjoins to pay a civil forfeiture of five | 361 |
hundred dollars to the party that sought the injunction and shall | 362 |
award to that party all court costs and, subject to reduction as | 363 |
described in division (I)(2) of this section, reasonable | 364 |
attorney's fees. The court, in its discretion, may reduce an award | 365 |
of attorney's fees to the party that sought the injunction or not | 366 |
award attorney's fees to that party if the court determines both | 367 |
of the following: | 368 |
(i) That, based on the ordinary application of statutory law | 369 |
and case law as it existed at the time of violation or threatened | 370 |
violation that was the basis of the injunction, a well-informed | 371 |
public body reasonably would believe that the public body was not | 372 |
violating or threatening to violate this section; | 373 |
(ii) That a well-informed public body reasonably would | 374 |
believe that the conduct or threatened conduct that was the basis | 375 |
of the injunction would serve the public policy that underlies the | 376 |
authority that is asserted as permitting that conduct or | 377 |
threatened conduct. | 378 |
(b) If the court of common pleas does not issue an injunction | 379 |
pursuant to division (I)(1) of this section and the court | 380 |
determines at that time that the bringing of the action was | 381 |
frivolous conduct, as defined in division (A) of section 2323.51 | 382 |
of the Revised Code, the court shall award to the public body all | 383 |
court costs and reasonable attorney's fees, as determined by the | 384 |
court. | 385 |
(3) Irreparable harm and prejudice to the party that sought | 386 |
the injunction shall be conclusively and irrebuttably presumed | 387 |
upon proof of a violation or threatened violation of this section. | 388 |
(4) A member of a public body who knowingly violates an | 389 |
injunction issued pursuant to division (I)(1) of this section may | 390 |
be removed from office by an action brought in the court of common | 391 |
pleas for that purpose by the prosecuting attorney or the attorney | 392 |
general. | 393 |
(J)(1) Pursuant to division (C) of section 5901.09 of the | 394 |
Revised Code, a veterans service commission shall hold an | 395 |
executive session for one or more of the following purposes unless | 396 |
an applicant requests a public hearing: | 397 |
(a) Interviewing an applicant for financial assistance under | 398 |
sections 5901.01 to 5901.15 of the Revised Code; | 399 |
(b) Discussing applications, statements, and other documents | 400 |
described in division (B) of section 5901.09 of the Revised Code; | 401 |
(c) Reviewing matters relating to an applicant's request for | 402 |
financial assistance under sections 5901.01 to 5901.15 of the | 403 |
Revised Code. | 404 |
(2) A veterans service commission shall not exclude an | 405 |
applicant for, recipient of, or former recipient of financial | 406 |
assistance under sections 5901.01 to 5901.15 of the Revised Code, | 407 |
and shall not exclude representatives selected by the applicant, | 408 |
recipient, or former recipient, from a meeting that the commission | 409 |
conducts as an executive session that pertains to the applicant's, | 410 |
recipient's, or former recipient's application for financial | 411 |
assistance. | 412 |
(3) A veterans service commission shall vote on the grant or | 413 |
denial of financial assistance under sections 5901.01 to 5901.15 | 414 |
of the Revised Code only in an open meeting of the commission. The | 415 |
minutes of the meeting shall indicate the name, address, and | 416 |
occupation of the applicant, whether the assistance was granted or | 417 |
denied, the amount of the assistance if assistance is granted, and | 418 |
the votes for and against the granting of assistance. | 419 |
Sec. 121.41. As used in sections 121.41 to 121.50 of the | 420 |
Revised Code: | 421 |
(A) "Appropriate ethics commission" has the same meaning as | 422 |
in section 102.01 of the Revised Code. | 423 |
(B) "Appropriate licensing agency" means a public or private | 424 |
entity that is responsible for licensing, certifying, or | 425 |
registering persons who are engaged in a particular vocation. | 426 |
(C) "Person" has the same meaning as in section 1.59 of the | 427 |
Revised Code and also includes any officer or employee of the | 428 |
state or any political subdivision of the state. | 429 |
(D) "State agency" has the same meaning as in section 1.60 of | 430 |
the Revised Code and includes the Ohio casino control commission, | 431 |
but does not include any of the following: | 432 |
(1) The general assembly; | 433 |
(2) Any court; | 434 |
(3) The secretary of state, auditor of state, treasurer of | 435 |
state, or attorney general and their respective offices. | 436 |
(E) "State employee" means any person who is an employee of a | 437 |
state agency, or any person who does business with the state | 438 |
including, only for the purposes of sections 121.41 to 121.50 of | 439 |
the Revised Code, the JobsOhio corporation formed under section | 440 |
187.01 of the Revised Code. | 441 |
(F) "State officer" means any person who is elected or | 442 |
appointed to a public office in a state agency. | 443 |
(G) "Wrongful act or omission" means an act or omission, | 444 |
committed in the course of office holding or employment, that is | 445 |
not in accordance with the requirements of law or such standards | 446 |
of proper governmental conduct as are commonly accepted in the | 447 |
community and thereby subverts, or tends to subvert, the process | 448 |
of government. | 449 |
Sec. 121.60. As used in sections 121.60 to 121.69 of the | 450 |
Revised Code: | 451 |
(A) "Person" and "compensation" have the same meanings as in | 452 |
section 101.70 of the Revised Code. | 453 |
(B) "Expenditure" means any of the following that is made to, | 454 |
at the request of, for the benefit of, or on behalf of an elected | 455 |
executive official, the director of a department created under | 456 |
section 121.02 of the Revised Code, an executive agency official, | 457 |
or a member of the staff of any public officer or employee listed | 458 |
in this division: | 459 |
(1) A payment, distribution, loan, advance, deposit, | 460 |
reimbursement, or gift of money, real estate, or anything of | 461 |
value, including, but not limited to, food and beverages, | 462 |
entertainment, lodging, transportation, or honorariums; | 463 |
(2) A contract, promise, or agreement to make an expenditure, | 464 |
whether or not legally enforceable; | 465 |
(3) The purchase, sale, or gift of services or any other | 466 |
thing of value. "Expenditure" does not include a contribution, | 467 |
gift, or grant to a foundation or other charitable organization | 468 |
that is exempt from federal income taxation under subsection | 469 |
501(c)(3) of the Internal Revenue Code. "Expenditure" does not | 470 |
include the purchase, sale, or gift of services or any other thing | 471 |
of value that is available to the general public on the same terms | 472 |
as it is available to the persons listed in this division, or an | 473 |
offer or sale of securities to any person listed in this division | 474 |
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508, | 475 |
adopted under the authority of the "Securities Act of 1933," 48 | 476 |
Stat. 74, 15 U.S.C.A. and following, or that is governed by a | 477 |
comparable provision under state law. | 478 |
(C) "Employer" means any person who, directly or indirectly, | 479 |
engages an executive agency lobbyist. | 480 |
(D) "Engage" means to make any arrangement, and "engagement" | 481 |
means arrangement, whereby an individual is employed or retained | 482 |
for compensation to act for or on behalf of an employer to | 483 |
influence executive agency decisions or to conduct any executive | 484 |
agency lobbying activity. | 485 |
(E) "Financial transaction" means a transaction or activity | 486 |
that is conducted or undertaken for profit and arises from the | 487 |
joint ownership or the ownership or part ownership in common of | 488 |
any real or personal property or any commercial or business | 489 |
enterprise of whatever form or nature between the following: | 490 |
(1) An executive agency lobbyist, the executive agency | 491 |
lobbyist's employer, or a member of the immediate family of the | 492 |
executive agency lobbyist or the executive agency lobbyist's | 493 |
employer; and | 494 |
(2) Any elected executive official, the director of a | 495 |
department created under section 121.02 of the Revised Code, an | 496 |
executive agency official, or any member of the staff of a public | 497 |
officer or employee listed in division (E)(2) of this section. | 498 |
"Financial transaction" does not include any transaction or | 499 |
activity described in division (E) of this section if it is | 500 |
available to the general public on the same terms, or if it is an | 501 |
offer or sale of securities to any person listed in division | 502 |
(E)(2) of this section that is governed by regulation D, 17 C.F.R. | 503 |
230.501 to 230.508, adopted under the authority of the "Securities | 504 |
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is | 505 |
governed by a comparable provision under state law. | 506 |
(F) "Executive agency" means the office of an elected | 507 |
executive official, a department created under section 121.02 of | 508 |
the Revised Code, or any other state agency, department, board, or | 509 |
commission controlled or directed by an elected executive official | 510 |
or otherwise subject to an elected executive official's authority. | 511 |
For the purposes of sections 121.60 to 121.69 of the Revised Code | 512 |
only, "executive agency" includes the nonprofit corporation formed | 513 |
under section 187.01 of the Revised Code. "Executive agency" does | 514 |
not include any court, the general assembly, or the controlling | 515 |
board. | 516 |
(G) "Executive agency decision" means a decision of an | 517 |
executive agency regarding the expenditure of funds of the state | 518 |
or of an executive agency with respect to the award of a contract, | 519 |
grant, lease, or other financial arrangement under which such | 520 |
funds are distributed or allocated, or a regulatory decision of an | 521 |
executive agency or any board or commission of the state. | 522 |
"Executive agency decision" does not include either of the | 523 |
following: | 524 |
(1) A purchasing decision for which a vendor has filed a | 525 |
statement certifying that the vendor has not made campaign | 526 |
contributions in an amount such that section 3517.13 of the | 527 |
Revised Code would invalidate the decision, if that vendor has not | 528 |
engaged an executive agency lobbyist; | 529 |
(2) The award of a competitively bid contract for which bid | 530 |
specifications were prepared and for which at least three eligible | 531 |
competitive bids were received by the executive agency. | 532 |
(H) "Executive agency lobbyist" means any person engaged to | 533 |
influence executive agency decisions or to conduct executive | 534 |
agency lobbying activity as one of the person's main purposes on a | 535 |
regular and substantial basis. "Executive agency lobbyist" does | 536 |
not include an elected or appointed officer or employee of a | 537 |
federal or state agency, state college, state university, or | 538 |
political subdivision who attempts to influence or affect | 539 |
executive agency decisions in a fiduciary capacity as a | 540 |
representative of the officer's or employee's agency, college, | 541 |
university, or political subdivision. | 542 |
(I) "Executive agency lobbying activity" means contacts made | 543 |
to promote, oppose, or otherwise influence the outcome of an | 544 |
executive agency decision by direct communication with | 545 |
546 | |
547 | |
548 | |
549 | |
section, or the Ohio casino control commission. "Lobbying | 550 |
activity" does not include any of the following: | 551 |
(1) The action of any person having a direct interest in | 552 |
executive agency decisions who, under Section 3 of Article I, Ohio | 553 |
Constitution, assembles together with other persons to consult for | 554 |
their common good, instructs a person listed in the first | 555 |
paragraph of division (I) of this section, or petitions such a | 556 |
person for the redress of grievances; | 557 |
(2) Contacts made for the sole purpose of gathering | 558 |
information contained in a public record; | 559 |
(3) Appearances before an executive agency to give testimony. | 560 |
(J) "Executive agency official" means an officer or employee | 561 |
of an executive agency whose principal duties are to formulate | 562 |
policy or to participate directly or indirectly in the | 563 |
preparation, review, or award of contracts, grants, leases, or | 564 |
other financial arrangements with an executive agency. | 565 |
(K) "Aggrieved party" means a party entitled to resort to a | 566 |
remedy. | 567 |
(L) "Elected executive official" means the governor, | 568 |
lieutenant governor, secretary of state, auditor of state, | 569 |
treasurer of state, and the attorney general. | 570 |
(M) "Staff" means any officer or employee of an executive | 571 |
agency whose official duties are to formulate policy and who | 572 |
exercises administrative or supervisory authority or who | 573 |
authorizes the expenditure of state funds. | 574 |
Sec. 122.011. (A) The department of development shall | 575 |
develop and promote plans and programs designed to assure that | 576 |
state resources are efficiently used, economic growth is properly | 577 |
balanced, community growth is developed in an orderly manner, and | 578 |
local governments are coordinated with each other and the state, | 579 |
and for such purposes may do all of the following: | 580 |
(1) Serve as a clearinghouse for information, data, and other | 581 |
materials that may be helpful or necessary to persons or local | 582 |
governments, as provided in section 122.07 of the Revised Code; | 583 |
(2) Prepare and activate plans for the retention, | 584 |
development, expansion, and use of the resources and commerce of | 585 |
the state, as provided in section 122.04 of the Revised Code; | 586 |
(3) Assist and cooperate with federal, state, and local | 587 |
governments and agencies of federal, state, and local governments | 588 |
in the coordination of programs to carry out the functions and | 589 |
duties of the department; | 590 |
(4) Encourage and foster research and development activities, | 591 |
conduct studies related to the solution of community problems, and | 592 |
develop recommendations for administrative or legislative actions, | 593 |
as provided in section 122.03 of the Revised Code; | 594 |
(5) Serve as the economic and community development planning | 595 |
agency, which shall prepare and recommend plans and programs for | 596 |
the orderly growth and development of this state and which shall | 597 |
provide planning assistance, as provided in section 122.06 of the | 598 |
Revised Code; | 599 |
(6) Cooperate with and provide technical assistance to state | 600 |
departments, political subdivisions, regional and local planning | 601 |
commissions, tourist associations, councils of government, | 602 |
community development groups, community action agencies, and other | 603 |
appropriate organizations for carrying out the functions and | 604 |
duties of the department or for the solution of community | 605 |
problems; | 606 |
(7) Coordinate the activities of state agencies that have an | 607 |
impact on carrying out the functions and duties of the department; | 608 |
(8) Encourage and assist the efforts of and cooperate with | 609 |
local governments to develop mutual and cooperative solutions to | 610 |
their common problems that relate to carrying out the purposes of | 611 |
this section; | 612 |
(9) Study existing structure, operations, and financing of | 613 |
regional or local government and those state activities that | 614 |
involve significant relations with regional or local governmental | 615 |
units, recommend to the governor and to the general assembly such | 616 |
changes in these provisions and activities as will improve the | 617 |
operations of regional or local government, and conduct other | 618 |
studies of legal provisions that affect problems related to | 619 |
carrying out the purposes of this section; | 620 |
(10) Create and operate a division of community development | 621 |
to develop and administer programs and activities that are | 622 |
authorized by federal statute or the Revised Code; | 623 |
(11) Until October 15, 2007, establish fees and charges, in | 624 |
consultation with the director of agriculture, for purchasing | 625 |
loans from financial institutions and providing loan guarantees | 626 |
under the family farm loan program created under sections 901.80 | 627 |
to 901.83 of the Revised Code; | 628 |
(12) Provide loan servicing for the loans purchased and loan | 629 |
guarantees provided under section 901.80 of the Revised Code as | 630 |
that section existed prior to October 15, 2007; | 631 |
(13) Until October 15, 2007, and upon approval by the | 632 |
controlling board under division (A)(3) of section 901.82 of the | 633 |
Revised Code of the release of money to be used for purchasing a | 634 |
loan or providing a loan guarantee, request the release of that | 635 |
money in accordance with division (B) of section 166.03 of the | 636 |
Revised Code for use for the purposes of the fund created by | 637 |
section 166.031 of the Revised Code. | 638 |
(14) Allocate that portion of the national recovery zone | 639 |
economic development bond limitation and that portion of the | 640 |
national recovery zone facility bond limitation that has been | 641 |
allocated to the state under section 1400U-1 of the Internal | 642 |
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal | 643 |
corporation waives any portion of an allocation it receives under | 644 |
division (A)(14) of this section, the department may reallocate | 645 |
that amount. Any allocation or reallocation shall be made in | 646 |
accordance with this section and section 1400U-1 of the Internal | 647 |
Revenue Code. | 648 |
(B) The director of development may request the attorney | 649 |
general to, and the attorney general, in accordance with section | 650 |
109.02 of the Revised Code, shall bring a civil action in any | 651 |
court of competent jurisdiction. The director may be sued in the | 652 |
director's official capacity, in connection with this chapter, in | 653 |
accordance with Chapter 2743. of the Revised Code. | 654 |
(C) The director of development shall execute a contract | 655 |
pursuant to section 187.04 of the Revised Code with the JobsOhio | 656 |
corporation formed under section 187.01 of the Revised Code, and | 657 |
may execute any additional contracts with the corporation | 658 |
providing for the corporation to assist the director or department | 659 |
in carrying out any duties of the director or department under | 660 |
this chapter or under a contract with the director. | 661 |
Sec. 124.01. Except as otherwise provided in this chapter, | 662 |
as used in this chapter: | 663 |
(A) "Civil service" includes all offices and positions of | 664 |
trust or employment in the service of the state and in the service | 665 |
of the counties, cities, city health districts, general health | 666 |
districts, and city school districts of the state. | 667 |
(B) "State service" includes all offices and positions in the | 668 |
service of the state and the counties and general health districts | 669 |
of the state. "State service" does not include offices and | 670 |
positions in the service of the cities, city health districts, and | 671 |
city school districts of the state. | 672 |
(C) "Classified service" means the competitive classified | 673 |
civil service of the state, the several counties, cities, city | 674 |
health districts, general health districts, and city school | 675 |
districts of the state, and civil service townships. | 676 |
(D) "Appointing authority" means the officer, commission, | 677 |
board, or body having the power of appointment to, or removal | 678 |
from, positions in any office, department, commission, board, or | 679 |
institution. | 680 |
(E) "Commission" means the municipal civil service commission | 681 |
of any city, except that, when in reference to the commission that | 682 |
serves a city school district, "commission" means the civil | 683 |
service commission determined under section 124.011 of the Revised | 684 |
Code. | 685 |
(F) "Employee" means any person holding a position subject to | 686 |
appointment, removal, promotion, or reduction by an appointing | 687 |
officer. "Employee" does not include an officer, employee, or | 688 |
governor-appointed director of the nonprofit corporation formed | 689 |
under section 187.01 of the Revised Code. | 690 |
(G) "Civil service township" means any township with a | 691 |
population of ten thousand or more persons residing within the | 692 |
township and outside any municipal corporation, which has a police | 693 |
or fire department of ten or more full-time paid employees and | 694 |
which has a civil service commission established under division | 695 |
(B) of section 124.40 of the Revised Code. | 696 |
(H) "Flexible hours employee" means an employee who may work | 697 |
more or less than eight hours on any given day so long as the | 698 |
employee works forty hours in the same week. | 699 |
(I) "Classification series" means any group of classification | 700 |
titles that have the identical name but different numerical | 701 |
designations, or identical titles except for designated levels of | 702 |
supervision, except for those classification series established by | 703 |
the director of administrative services in accordance with | 704 |
division (A) of section 124.14 of the Revised Code. | 705 |
(J) "Classification change" means a change in an employee's | 706 |
classification in the job classification plan. | 707 |
(K) "Service of the state" or "civil service of the state" | 708 |
includes all offices and positions of trust or employment with the | 709 |
government of the state. "Service of the state" and "civil service | 710 |
of the state" do not include offices and positions of trust or | 711 |
employment with state-supported colleges and universities, | 712 |
counties, cities, city health districts, city school districts, | 713 |
general health districts, | 714 |
state, or with the nonprofit corporation formed under section | 715 |
187.01 of the Revised Code. | 716 |
Sec. 145.012. (A) "Public employee," as defined in division | 717 |
(A) of section 145.01 of the Revised Code, does not include any | 718 |
person: | 719 |
(1) Who is employed by a private, temporary-help service and | 720 |
performs services under the direction of a public employer or is | 721 |
employed on a contractual basis as an independent contractor under | 722 |
a personal service contract with a public employer; | 723 |
(2) Who is an emergency employee serving on a temporary basis | 724 |
in case of fire, snow, earthquake, flood, or other similar | 725 |
emergency; | 726 |
(3) Who is employed in a program established pursuant to the | 727 |
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. | 728 |
1501; | 729 |
(4) Who is an appointed member of either the motor vehicle | 730 |
salvage dealers board or the motor vehicle dealer's board whose | 731 |
rate and method of payment are determined pursuant to division (J) | 732 |
of section 124.15 of the Revised Code; | 733 |
(5) Who is employed as an election worker and paid less than | 734 |
five hundred dollars per calendar year for that service; | 735 |
(6) Who is employed as a firefighter in a position requiring | 736 |
satisfactory completion of a firefighter training course approved | 737 |
under former section 3303.07 or section 4765.55 of the Revised | 738 |
Code or conducted under section 3737.33 of the Revised Code except | 739 |
for the following: | 740 |
(a) Any firefighter who has elected under section 145.013 of | 741 |
the Revised Code to remain a contributing member of the public | 742 |
employees retirement system; | 743 |
(b) Any firefighter who was eligible to transfer from the | 744 |
public employees retirement system to the Ohio police and fire | 745 |
pension fund under section 742.51 or 742.515 of the Revised Code | 746 |
and did not elect to transfer; | 747 |
(c) Any firefighter who has elected under section 742.516 of | 748 |
the Revised Code to transfer from the Ohio police and fire pension | 749 |
fund to the public employees retirement system. | 750 |
(7) Who is a member of the board of health of a city or | 751 |
general health district, which pursuant to sections 3709.051 and | 752 |
3709.07 of the Revised Code includes a combined health district, | 753 |
and whose compensation for attendance at meetings of the board is | 754 |
set forth in division (B) of section 3709.02 or division (B) of | 755 |
section 3709.05 of the Revised Code, as appropriate; | 756 |
(8) Who participates in an alternative retirement plan | 757 |
established under Chapter 3305. of the Revised Code; | 758 |
(9) Who is a member of the board of directors of a sanitary | 759 |
district established under Chapter 6115. of the Revised Code; | 760 |
(10) Who is a member of the unemployment compensation | 761 |
advisory council; | 762 |
(11) Who is an employee, officer, or governor-appointed | 763 |
member of the board of directors of the nonprofit corporation | 764 |
formed under section 187.01 of the Revised Code. | 765 |
(B) No inmate of a correctional institution operated by the | 766 |
department of rehabilitation and correction, no patient in a | 767 |
hospital for the mentally ill or criminally insane operated by the | 768 |
department of mental health, no resident in an institution for the | 769 |
mentally retarded operated by the department of developmental | 770 |
disabilities, no resident admitted as a patient of a veterans' | 771 |
home operated under Chapter 5907. of the Revised Code, and no | 772 |
resident of a county home shall be considered as a public employee | 773 |
for the purpose of establishing membership or calculating service | 774 |
credit or benefits under this chapter. Nothing in this division | 775 |
shall be construed to affect any service credit attained by any | 776 |
person who was a public employee before becoming an inmate, | 777 |
patient, or resident at any institution listed in this division, | 778 |
or the payment of any benefit for which such a person or such a | 779 |
person's beneficiaries otherwise would be eligible. | 780 |
Sec. 149.011. As used in this chapter, except as otherwise | 781 |
provided: | 782 |
(A) "Public office" includes any state agency, public | 783 |
institution, political subdivision, or other organized body, | 784 |
office, agency, institution, or entity established by the laws of | 785 |
this state for the exercise of any function of government. "Public | 786 |
office" does not include the nonprofit corporation formed under | 787 |
section 187.01 of the Revised Code. | 788 |
(B) "State agency" includes every department, bureau, board, | 789 |
commission, office, or other organized body established by the | 790 |
constitution and laws of this state for the exercise of any | 791 |
function of state government, including any state-supported | 792 |
institution of higher education, the general assembly, any | 793 |
legislative agency, any court or judicial agency, or any political | 794 |
subdivision or agency of a political subdivision. "State agency" | 795 |
does not include the nonprofit corporation formed under section | 796 |
187.01 of the Revised Code. | 797 |
(C) "Public money" includes all money received or collected | 798 |
by or due a public official, whether in accordance with or under | 799 |
authority of any law, ordinance, resolution, or order, under color | 800 |
of office, or otherwise. It also includes any money collected by | 801 |
any individual on behalf of a public office or as a purported | 802 |
representative or agent of the public office. | 803 |
(D) "Public official" includes all officers, employees, or | 804 |
duly authorized representatives or agents of a public office. | 805 |
(E) "Color of office" includes any act purported or alleged | 806 |
to be done under any law, ordinance, resolution, order, or other | 807 |
pretension to official right, power, or authority. | 808 |
(F) "Archive" includes any public record that is transferred | 809 |
to the state archives or other designated archival institutions | 810 |
because of the historical information contained on it. | 811 |
(G) "Records" includes any document, device, or item, | 812 |
regardless of physical form or characteristic, including an | 813 |
electronic record as defined in section 1306.01 of the Revised | 814 |
Code, created or received by or coming under the jurisdiction of | 815 |
any public office of the state or its political subdivisions, | 816 |
which serves to document the organization, functions, policies, | 817 |
decisions, procedures, operations, or other activities of the | 818 |
office. | 819 |
Sec. 187.01. As used in this chapter, "JobsOhio" means the | 820 |
nonprofit corporation formed under this section, and includes any | 821 |
subsidiary of that corporation. In any section of law that refers | 822 |
to the nonprofit corporation formed under this section, reference | 823 |
to the corporation includes reference to any such subsidiary | 824 |
unless otherwise specified or clearly appearing from the context. | 825 |
The governor is hereby authorized to form a nonprofit | 826 |
corporation, to be named "JobsOhio," with the purposes of | 827 |
promoting economic development, job creation, job retention, job | 828 |
training, and the recruitment of business to this state. The | 829 |
governor shall be the only member of the corporation. | 830 |
The articles of incorporation shall set forth the following: | 831 |
(A) The designation of the name of the corporation as | 832 |
JobsOhio; | 833 |
(B) The creation of a board of directors consisting of the | 834 |
governor and eight directors, to be appointed by the governor, who | 835 |
satisfy the qualifications prescribed by section 187.02 of the | 836 |
Revised Code; | 837 |
(C) A requirement that the governor make initial appointments | 838 |
to the board within sixty days after the filing of the articles of | 839 |
incorporation. Of the initial appointments made to the board, two | 840 |
shall be for a term ending one year after the date the articles | 841 |
were filed, two shall be for a term ending two years after the | 842 |
date the articles were filed, and four shall be for a term ending | 843 |
four years after the date the articles were filed. The articles | 844 |
shall state that, following the initial appointments, the governor | 845 |
shall appoint directors to terms of office of four years, with | 846 |
each term of office ending on the same day of the same month as | 847 |
did the term that it succeeds. | 848 |
(D) The designation of the governor as the chairperson of the | 849 |
board and procedures for electing directors to serve as officers | 850 |
of the corporation and members of an executive committee; | 851 |
(E) A provision for the appointment of a chief investment | 852 |
officer of the corporation by the recommendation of the board of | 853 |
directors and approval of the governor. The chief investment | 854 |
officer shall serve at the pleasure of the governor and shall have | 855 |
the power to execute contracts, spend corporation funds, and hire | 856 |
employees on behalf of the corporation. | 857 |
(F) Provisions requiring the board to do all of the | 858 |
following: | 859 |
(1) Adopt one or more resolutions providing for compensation | 860 |
of the chief investment officer; | 861 |
(2) Approve an employee compensation plan recommended by the | 862 |
chief investment officer; | 863 |
(3) Approve a contract with the director of development for | 864 |
the corporation to assist the director and the department of | 865 |
development in the exercise of any and all of the powers, | 866 |
functions, or duties of the department, including the operation | 867 |
and management of programs, offices, divisions, or boards, as may | 868 |
be determined by the director in consultation with the governor; | 869 |
(4) Approve all major contracts for services recommended by | 870 |
the chief investment officer; | 871 |
(5) Establish an annual strategic plan and standards of | 872 |
measure to be used in evaluating the corporation's success in | 873 |
executing the plan; | 874 |
(6) Establish a conflicts of interest policy that, at a | 875 |
minimum, complies with section 187.06 of the Revised Code; | 876 |
(7) Hold a minimum of four board of directors meetings per | 877 |
year at which a quorum of the board is physically present, and | 878 |
such other meetings, at which directors' physical presence is not | 879 |
required, as may be necessary. Meetings at which a quorum of the | 880 |
board is required to be physically present are subject to division | 881 |
(D) of section 187.03 of the Revised Code. | 882 |
(G) A statement that directors shall not receive any | 883 |
compensation from the corporation, except that governor-appointed | 884 |
directors may be reimbursed for actual and necessary expenses | 885 |
incurred in connection with services performed for the | 886 |
corporation; | 887 |
(H) A provision authorizing the board to amend provisions of | 888 |
the corporation's articles of incorporation or regulations, except | 889 |
provisions required by this chapter; | 890 |
(I) Procedures by which the corporation would be dissolved | 891 |
and by which all corporation rights, liabilities, and assets would | 892 |
be distributed to the state or to another corporation organized | 893 |
under this chapter. The articles shall state that no dissolution | 894 |
shall take effect until the corporation has made adequate | 895 |
provision for the payment of any outstanding bonds, notes, or | 896 |
other obligations. | 897 |
(J) A provision establishing an audit committee to be | 898 |
comprised of directors. The articles shall require that the audit | 899 |
committee hire an independent certified public accountant to | 900 |
perform a financial audit of the corporation at least once every | 901 |
year. | 902 |
(K) A provision authorizing the governor, as chairperson of | 903 |
the corporation, to remove a director for misconduct as may be | 904 |
defined in the articles or regulations of the corporation. The | 905 |
removal of a director under this division creates a vacancy on the | 906 |
board that the governor shall fill by appointment for the | 907 |
remainder of the term of office of the vacated seat. | 908 |
Sec. 187.02. (A) To qualify for appointment to the board of | 909 |
directors of JobsOhio, an individual must satisfy all of the | 910 |
following: | 911 |
(1) Has an understanding of generally accepted accounting | 912 |
principles and financial statements; | 913 |
(2) Possesses the ability to assess the general application | 914 |
of such principles in connection with the accounting for | 915 |
estimates, accruals, and reserves; | 916 |
(3) Has experience preparing, auditing, analyzing, or | 917 |
evaluating financial statements that present a breadth and level | 918 |
of complexity of accounting issues that are generally comparable | 919 |
to the breadth and complexity of issues that can reasonably be | 920 |
expected to be presented by the JobsOhio corporation's financial | 921 |
statements, or experience actively supervising one or more persons | 922 |
engaged in such activities; | 923 |
(4) Has an understanding of internal controls and the | 924 |
procedures for financial reporting; | 925 |
(5) Has an understanding of audit committee functions. | 926 |
(B) Specific experience demonstrating the qualifications | 927 |
required by division (A) of this section may be evidenced by any | 928 |
of the following: | 929 |
(1) Education and experience as a principal financial | 930 |
officer, principal accounting officer, controller, public | 931 |
accountant or auditor, or experience in one or more positions that | 932 |
involve the performance of similar functions; | 933 |
(2) Experience actively supervising a principal financial | 934 |
officer, principal accounting officer, controller, public | 935 |
accountant, auditor, or person performing similar functions; | 936 |
(3) Experience overseeing or assessing the performance of | 937 |
companies or public accountants with respect to the preparation, | 938 |
auditing, or evaluation of financial statements; | 939 |
(4) Other experience considered relevant by the governor | 940 |
consistent with division (A) of this section. | 941 |
(C) Each individual appointed to the board of directors shall | 942 |
be a citizen of the United States. At least five, but not more | 943 |
than six, of the individuals appointed to the board shall be | 944 |
residents of or domiciled in this state. | 945 |
Sec. 187.03. (A) JobsOhio may perform such functions as | 946 |
permitted and shall perform such duties as prescribed by law, but | 947 |
shall not be considered a state or public department, agency, | 948 |
office, body, institution, or instrumentality for purposes of | 949 |
section 1.60 or Chapter 102., 121., 125., or 149. of the Revised | 950 |
Code. JobsOhio and its board of directors are not subject to the | 951 |
following sections of Chapter 1702. of the Revised Code: sections | 952 |
1702.03, 1702.08, 1702.09, 1702.21, 1702.24, 1702.26, 1702.27, | 953 |
1702.28, 1702.29, 1702.301, 1702.33, 1702.34, 1702.37, 1702.38, | 954 |
1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59, | 955 |
1702.60, 1702.80, and 1702.99. | 956 |
(B)(1) With the exception of the governor, directors and | 957 |
employees of JobsOhio are not employees or officials of the state | 958 |
and, except as provided in division (B)(2) of this section, are | 959 |
not subject to Chapter 102., 124., 145., or 4117. of the Revised | 960 |
Code. | 961 |
(2) Any employee, and any director except the governor, of | 962 |
JobsOhio, who would be required to file a statement under section | 963 |
102.02 of the Revised Code if the person were a public official or | 964 |
employee, shall file a statement pursuant to that section that | 965 |
includes, in place of the information required by divisions | 966 |
(A)(2), (7), (8), and (9) of that section, the information | 967 |
required by divisions (A) and (B) of section 102.022 of the | 968 |
Revised Code. The governor shall comply with all applicable | 969 |
requirements of section 102.02 of the Revised Code. | 970 |
(3) Actual expenditures for the travel, meals, or lodging of | 971 |
the governor or of any public official or employee designated by | 972 |
the governor for the purpose of this division shall not be | 973 |
considered a violation of section 102.03 of the Revised Code if | 974 |
the expenditures are made by or on behalf of the corporation in | 975 |
connection with the governor's performance of official duties as | 976 |
chairperson of the board of directors of JobsOhio. The governor | 977 |
may designate any person, including a person who is a public | 978 |
official or employee as defined in section 102.01 of the Revised | 979 |
Code, for the purpose of this division if such expenditures are | 980 |
made on behalf of the person in connection with the governor's | 981 |
performance of official duties as chairperson. | 982 |
At the times and frequency agreed to under division (B)(2) of | 983 |
section 187.04 of the Revised Code, beginning in 2012, the | 984 |
corporation shall file with the department of development a | 985 |
written report of any such expenditures the corporation paid or | 986 |
incurred during the preceding calendar year. The report shall | 987 |
state the dollar value and purpose of each expenditure, the date | 988 |
of each expenditure, and the location, if any, where services or | 989 |
benefits of an expenditure were received, provided that any such | 990 |
information that may disclose proprietary information as defined | 991 |
in division (D) of that section shall not be included in the | 992 |
report. | 993 |
(4) The prohibition applicable to former public officials or | 994 |
employees in division (A)(1) of section 102.03 of the Revised Code | 995 |
does not apply to any person appointed to be a director or hired | 996 |
as an employee of JobsOhio. | 997 |
(5) Any person who is a former state employee shall no longer | 998 |
be considered a public employee for purposes of Chapter 145. of | 999 |
the Revised Code upon commencement of employment with JobsOhio. | 1000 |
(D) Meetings of the board of directors at which a quorum of | 1001 |
the board is required to be physically present pursuant to | 1002 |
division (F) of section 187.01 of the Revised Code shall be open | 1003 |
to the public except, by a majority vote of the directors present | 1004 |
at the meeting, such a meeting may be closed to the public only | 1005 |
for one or more of the following purposes: | 1006 |
(1) To consider business strategy of the corporation; | 1007 |
(2) To consider proprietary information belonging to | 1008 |
potential applicants or potential recipients of business | 1009 |
recruitment, retention, or creation incentives. For the purposes | 1010 |
of this division, "proprietary information" means marketing plans, | 1011 |
specific business strategy, production techniques and trade | 1012 |
secrets, financial projections, or personal financial statements | 1013 |
of applicants or members of the applicants' immediate family, | 1014 |
including, but not limited to, tax records or other similar | 1015 |
information not open to the public inspection. | 1016 |
(3) To consider legal matters, including litigation, in which | 1017 |
the corporation is or may be involved; | 1018 |
(4) To consider personnel matters related to an individual | 1019 |
employee of the corporation. | 1020 |
(E) Not later than March 1, 2012, and the first day of March | 1021 |
of each year thereafter, the chief investment officer of JobsOhio | 1022 |
shall prepare and submit a report of the corporation's activities | 1023 |
for the preceding year to the governor, the speaker and minority | 1024 |
leader of the house of representatives, and the president and | 1025 |
minority leader of the senate. The annual report shall include the | 1026 |
following: | 1027 |
(1) An analysis of the state's economy; | 1028 |
(2) A description of the structure, operation, and financial | 1029 |
status of the corporation; | 1030 |
(3) A description of the corporation's strategy to improve | 1031 |
the state economy and the standards of measure used to evaluate | 1032 |
its progress; | 1033 |
(4) An evaluation of the performance of current strategies | 1034 |
and major initiatives; | 1035 |
(5) An analysis of any statutory or administrative barriers | 1036 |
to successful economic development, business recruitment, and job | 1037 |
growth in the state identified by JobsOhio during the preceding | 1038 |
year. | 1039 |
Sec. 187.04. The director of development, as soon as | 1040 |
practical after the effective date of this section, shall execute | 1041 |
a contract with JobsOhio for the corporation to assist the | 1042 |
director and the department of development in the exercise of any | 1043 |
or all of the powers, functions, or duties of the department, | 1044 |
including the operation and management of programs, offices, | 1045 |
divisions, or boards, as may be determined by the director in | 1046 |
consultation with the governor. The controlling board shall | 1047 |
approve, prior to execution, all contracts between the director | 1048 |
and JobsOhio. | 1049 |
The term of a contract entered into under this section shall | 1050 |
not extend beyond a fiscal biennium of the general assembly, but | 1051 |
may be renewed or amended by the parties. | 1052 |
A contract entered into under this section shall include both | 1053 |
of the following: | 1054 |
(A) Terms assigning to the corporation the duties of advising | 1055 |
and assisting the director of development in the director's | 1056 |
evaluation of the department and the formulation of | 1057 |
recommendations under section 187.05 of the Revised Code; | 1058 |
(B) Terms designating records created or received by JobsOhio | 1059 |
that shall be made available to the public under the same | 1060 |
conditions as are public records under section 149.43 of the | 1061 |
Revised Code. Documents designated to be made available to the | 1062 |
public pursuant to the contract shall be kept on file with the | 1063 |
department of development. | 1064 |
Among records to be designated under this division shall be | 1065 |
the following: | 1066 |
(1) The corporation's federal income tax returns; | 1067 |
(2) The report of expenditures described in division (B)(3) | 1068 |
of section 187.03 of the Revised Code. The records shall be filed | 1069 |
with the department at such times and frequency as agreed to by | 1070 |
the corporation and the department, which shall not be less | 1071 |
frequently than quarterly. | 1072 |
(3) The annual total compensation paid to each employee of | 1073 |
the corporation; | 1074 |
(4) A copy of the audit report for each financial audit of | 1075 |
the corporation performed by an independent certified public | 1076 |
accountant pursuant to division (J) of section 187.01 of the | 1077 |
Revised Code. | 1078 |
(5) Records of any fully executed incentive proposals, to be | 1079 |
filed annually; | 1080 |
(6) Records pertaining to the monitoring of commitments made | 1081 |
by incentive recipients, to be filed annually. | 1082 |
(C) Records created or received by JobsOhio are not public | 1083 |
records for the purposes of section 149.43 of the Revised Code, | 1084 |
regardless of who may have custody of the records, unless the | 1085 |
record is designated to be available to the public by the contract | 1086 |
under division (B) of this section. | 1087 |
Sec. 187.05. The director of development, as soon as | 1088 |
practical after the effective date of this section, shall, in | 1089 |
consultation with the governor, evaluate all powers, functions, | 1090 |
and duties of the department. Within six months after that | 1091 |
effective date, the director shall submit a report to the general | 1092 |
assembly recommending statutory changes necessary to improve the | 1093 |
functioning and efficiency of the department and to transfer | 1094 |
specified powers, functions, and duties of the department to other | 1095 |
existing agencies of the state or to JobsOhio, or eliminate | 1096 |
specified powers, functions, or duties. The recommendations shall | 1097 |
be submitted in writing to the speaker and minority leader of the | 1098 |
house of representatives and the president and minority leader of | 1099 |
the senate. | 1100 |
After submitting the report, the director, in consultation | 1101 |
with the governor, shall continue to evaluate the department and | 1102 |
make additional recommendations on such matters to the general | 1103 |
assembly. | 1104 |
Sec. 187.06. (A) For purposes of this section, "interested | 1105 |
individual" means a director or officer of JobsOhio who has, | 1106 |
directly or indirectly, through business, investment, or family, | 1107 |
any of the following: | 1108 |
(1) An ownership or investment interest in any person with | 1109 |
which JobsOhio has a transaction or arrangement; | 1110 |
(2) A compensation arrangement with JobsOhio or with any | 1111 |
person with which JobsOhio has a transaction or arrangement; | 1112 |
(3) A potential ownership or investment interest in, or | 1113 |
compensation arrangement with, any person with which JobsOhio is | 1114 |
negotiating a transaction or arrangement. Compensation includes | 1115 |
direct and indirect remuneration as well as material gifts or | 1116 |
favors. | 1117 |
(B) The conflicts of interest policy adopted pursuant to | 1118 |
section 187.01 of the Revised Code shall protect JobsOhio's | 1119 |
interest when it is considering a transaction or arrangement that | 1120 |
might benefit the private interest of a director or officer of | 1121 |
JobsOhio or might excessively benefit that individual. An | 1122 |
interested individual shall disclose the existence of a financial | 1123 |
interest to each member of the board of directors of JobsOhio. The | 1124 |
interested individual shall be given an opportunity to disclose | 1125 |
all material facts to the directors. After disclosure of the | 1126 |
financial interest and all material facts, the board of directors | 1127 |
shall decide if a conflict of interest exists. If a conflict | 1128 |
exists, the board shall determine whether JobsOhio can obtain with | 1129 |
reasonable efforts a more advantageous transaction or arrangement | 1130 |
from a person that would not give rise to a conflict of interest. | 1131 |
If a more advantageous transaction or arrangement is not | 1132 |
reasonably possible under circumstances not producing a conflict | 1133 |
of interest, the board shall determine by a majority vote of the | 1134 |
disinterested directors whether the transaction or arrangement is | 1135 |
in JobsOhio's best interest, for its own benefit, and whether it | 1136 |
is fair and reasonable. | 1137 |
(C) If the board of directors has reasonable cause to believe | 1138 |
a director or officer has failed to disclose an actual or possible | 1139 |
conflict of interest, it shall inform the individual of the basis | 1140 |
for such belief and provide the individual with an opportunity to | 1141 |
explain the alleged failure to disclose. If the board determines | 1142 |
the individual has failed to disclose an actual or possible | 1143 |
conflict of interest, it shall take appropriate disciplinary and | 1144 |
corrective action. | 1145 |
(D) Minutes of board meetings considering possible or actual | 1146 |
conflicts of interest shall be kept. The minutes shall contain | 1147 |
both of the following: | 1148 |
(1) The names of the individuals who disclosed, or were found | 1149 |
to have, a financial interest in connection with an actual or | 1150 |
possible conflict of interest, the nature of the financial | 1151 |
interest, any action taken to determine whether a conflict of | 1152 |
interest was present, and the board's decision as to whether a | 1153 |
conflict of interest existed; | 1154 |
(2) The names of the individuals who were present for | 1155 |
discussions and votes relating to the transaction or arrangement, | 1156 |
the content of the discussion, including any alternatives to the | 1157 |
proposed transaction or arrangement, and a record of any votes | 1158 |
taken in connection with the proceedings. | 1159 |
(E) An officer or employee of JobsOhio whose responsibility | 1160 |
includes compensation matters and who receives compensation, | 1161 |
directly or indirectly, from JobsOhio for services is precluded | 1162 |
from voting or providing information to a compensation committee, | 1163 |
if any, on matters pertaining to that individual's compensation. | 1164 |
(F) The conflicts of interest policy adopted pursuant to | 1165 |
section 187.01 of the Revised Code shall prohibit any director of | 1166 |
JobsOhio from soliciting or accepting employment with any person | 1167 |
that receives or has received an incentive or other assistance as | 1168 |
a result of a decision the director participated in as a director | 1169 |
of JobsOhio. | 1170 |
(G) Each director or officer shall annually sign a statement | 1171 |
which affirms the individual: | 1172 |
(1) Has received a copy of the conflicts of interest policy; | 1173 |
(2) Has read and understands the policy; | 1174 |
(3) Has agreed to comply with the policy; | 1175 |
(4) Understands JobsOhio's statutory purpose and that it is a | 1176 |
nonprofit corporation. | 1177 |
(H) To ensure JobsOhio operates in a manner consistent with | 1178 |
its statutory purpose or contractual obligations, periodic reviews | 1179 |
shall be conducted. The periodic reviews shall, at a minimum, | 1180 |
determine all of the following: | 1181 |
(1) Whether compensation arrangements and benefits are | 1182 |
reasonable, based on competent survey information, and the result | 1183 |
of arm's length bargaining; | 1184 |
(2) Whether JobsOhio's operations are consistent with its | 1185 |
articles of incorporation, regulations, and contractual | 1186 |
obligations, and are properly documented; | 1187 |
(3) Whether transactions are fair to JobsOhio, reflect | 1188 |
reasonable investment or payments for goods and services, further | 1189 |
JobsOhio's statutory purpose or contractual obligations, and do | 1190 |
not result in excessive private benefit to directors, officers, or | 1191 |
other persons. | 1192 |
Sec. 187.07. Any action brought by or on behalf of the | 1193 |
corporation against a director or former director in that | 1194 |
individual's capacity as a director shall be brought in the court | 1195 |
of common pleas of Franklin county. | 1196 |
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the | 1197 |
Revised Code: | 1198 |
(A) "Public official" means any elected or appointed officer, | 1199 |
or employee, or agent of the state or any political subdivision, | 1200 |
whether in a temporary or permanent capacity, and includes, but is | 1201 |
not limited to, legislators, judges, and law enforcement officers. | 1202 |
"Public official" does not include an employee, officer, or | 1203 |
governor-appointed member of the board of directors of the | 1204 |
nonprofit corporation formed under section 187.01 of the Revised | 1205 |
Code. | 1206 |
(B) "Public servant" means any of the following: | 1207 |
(1) Any public official; | 1208 |
(2) Any person performing ad hoc a governmental function, | 1209 |
including, but not limited to, a juror, member of a temporary | 1210 |
commission, master, arbitrator, advisor, or consultant; | 1211 |
(3) A person who is a candidate for public office, whether or | 1212 |
not the person is elected or appointed to the office for which the | 1213 |
person is a candidate. A person is a candidate for purposes of | 1214 |
this division if the person has been nominated according to law | 1215 |
for election or appointment to public office, or if the person has | 1216 |
filed a petition or petitions as required by law to have the | 1217 |
person's name placed on the ballot in a primary, general, or | 1218 |
special election, or if the person campaigns as a write-in | 1219 |
candidate in any primary, general, or special election. | 1220 |
(C) "Party official" means any person who holds an elective | 1221 |
or appointive post in a political party in the United States or | 1222 |
this state, by virtue of which the person directs, conducts, or | 1223 |
participates in directing or conducting party affairs at any level | 1224 |
of responsibility. | 1225 |
(D) "Official proceeding" means any proceeding before a | 1226 |
legislative, judicial, administrative, or other governmental | 1227 |
agency or official authorized to take evidence under oath, and | 1228 |
includes any proceeding before a referee, hearing examiner, | 1229 |
commissioner, notary, or other person taking testimony or a | 1230 |
deposition in connection with an official proceeding. | 1231 |
(E) "Detention" means arrest; confinement in any vehicle | 1232 |
subsequent to an arrest; confinement in any public or private | 1233 |
facility for custody of persons charged with or convicted of crime | 1234 |
in this state or another state or under the laws of the United | 1235 |
States or alleged or found to be a delinquent child or unruly | 1236 |
child in this state or another state or under the laws of the | 1237 |
United States; hospitalization, institutionalization, or | 1238 |
confinement in any public or private facility that is ordered | 1239 |
pursuant to or under the authority of section 2945.37, 2945.371, | 1240 |
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 1241 |
Code; confinement in any vehicle for transportation to or from any | 1242 |
facility of any of those natures; detention for extradition or | 1243 |
deportation; except as provided in this division, supervision by | 1244 |
any employee of any facility of any of those natures that is | 1245 |
incidental to hospitalization, institutionalization, or | 1246 |
confinement in the facility but that occurs outside the facility; | 1247 |
supervision by an employee of the department of rehabilitation and | 1248 |
correction of a person on any type of release from a state | 1249 |
correctional institution; or confinement in any vehicle, airplane, | 1250 |
or place while being returned from outside of this state into this | 1251 |
state by a private person or entity pursuant to a contract entered | 1252 |
into under division (E) of section 311.29 of the Revised Code or | 1253 |
division (B) of section 5149.03 of the Revised Code. For a person | 1254 |
confined in a county jail who participates in a county jail | 1255 |
industry program pursuant to section 5147.30 of the Revised Code, | 1256 |
"detention" includes time spent at an assigned work site and going | 1257 |
to and from the work site. | 1258 |
(F) "Detention facility" means any public or private place | 1259 |
used for the confinement of a person charged with or convicted of | 1260 |
any crime in this state or another state or under the laws of the | 1261 |
United States or alleged or found to be a delinquent child or | 1262 |
unruly child in this state or another state or under the laws of | 1263 |
the United States. | 1264 |
(G) "Valuable thing or valuable benefit" includes, but is not | 1265 |
limited to, a contribution. This inclusion does not indicate or | 1266 |
imply that a contribution was not included in those terms before | 1267 |
September 17, 1986. | 1268 |
(H) "Campaign committee," "contribution," "political action | 1269 |
committee," "legislative campaign fund," "political party," and | 1270 |
"political contributing entity" have the same meanings as in | 1271 |
section 3517.01 of the Revised Code. | 1272 |
(I) "Provider agreement" and "medical assistance program" | 1273 |
have the same meanings as in section 2913.40 of the Revised Code. | 1274 |
Sec. 4117.01. As used in this chapter: | 1275 |
(A) "Person," in addition to those included in division (C) | 1276 |
of section 1.59 of the Revised Code, includes employee | 1277 |
organizations, public employees, and public employers. | 1278 |
(B) "Public employer" means the state or any political | 1279 |
subdivision of the state located entirely within the state, | 1280 |
including, without limitation, any municipal corporation with a | 1281 |
population of at least five thousand according to the most recent | 1282 |
federal decennial census; county; township with a population of at | 1283 |
least five thousand in the unincorporated area of the township | 1284 |
according to the most recent federal decennial census; school | 1285 |
district; governing authority of a community school established | 1286 |
under Chapter 3314. of the Revised Code; state institution of | 1287 |
higher learning; public or special district; state agency, | 1288 |
authority, commission, or board; or other branch of public | 1289 |
employment. "Public employer" does not include the nonprofit | 1290 |
corporation formed under section 187.01 of the Revised Code. | 1291 |
(C) "Public employee" means any person holding a position by | 1292 |
appointment or employment in the service of a public employer, | 1293 |
including any person working pursuant to a contract between a | 1294 |
public employer and a private employer and over whom the national | 1295 |
labor relations board has declined jurisdiction on the basis that | 1296 |
the involved employees are employees of a public employer, except: | 1297 |
(1) Persons holding elective office; | 1298 |
(2) Employees of the general assembly and employees of any | 1299 |
other legislative body of the public employer whose principal | 1300 |
duties are directly related to the legislative functions of the | 1301 |
body; | 1302 |
(3) Employees on the staff of the governor or the chief | 1303 |
executive of the public employer whose principal duties are | 1304 |
directly related to the performance of the executive functions of | 1305 |
the governor or the chief executive; | 1306 |
(4) Persons who are members of the Ohio organized militia, | 1307 |
while training or performing duty under section 5919.29 or 5923.12 | 1308 |
of the Revised Code; | 1309 |
(5) Employees of the state employment relations board, | 1310 |
including those employees of the state employment relations board | 1311 |
utilized by the state personnel board of review in the exercise of | 1312 |
the powers and the performance of the duties and functions of the | 1313 |
state personnel board of review; | 1314 |
(6) Confidential employees; | 1315 |
(7) Management level employees; | 1316 |
(8) Employees and officers of the courts, assistants to the | 1317 |
attorney general, assistant prosecuting attorneys, and employees | 1318 |
of the clerks of courts who perform a judicial function; | 1319 |
(9) Employees of a public official who act in a fiduciary | 1320 |
capacity, appointed pursuant to section 124.11 of the Revised | 1321 |
Code; | 1322 |
(10) Supervisors; | 1323 |
(11) Students whose primary purpose is educational training, | 1324 |
including graduate assistants or associates, residents, interns, | 1325 |
or other students working as part-time public employees less than | 1326 |
fifty per cent of the normal year in the employee's bargaining | 1327 |
unit; | 1328 |
(12) Employees of county boards of election; | 1329 |
(13) Seasonal and casual employees as determined by the state | 1330 |
employment relations board; | 1331 |
(14) Part-time faculty members of an institution of higher | 1332 |
education; | 1333 |
(15) Participants in a work activity, developmental activity, | 1334 |
or alternative work activity under sections 5107.40 to 5107.69 of | 1335 |
the Revised Code who perform a service for a public employer that | 1336 |
the public employer needs but is not performed by an employee of | 1337 |
the public employer if the participant is not engaged in paid | 1338 |
employment or subsidized employment pursuant to the activity; | 1339 |
(16) Employees included in the career professional service of | 1340 |
the department of transportation under section 5501.20 of the | 1341 |
Revised Code; | 1342 |
(17) Employees of community-based correctional facilities and | 1343 |
district community-based correctional facilities created under | 1344 |
sections 2301.51 to 2301.58 of the Revised Code who are not | 1345 |
subject to a collective bargaining agreement on June 1, 2005 | 1346 |
(D) "Employee organization" means any labor or bona fide | 1347 |
organization in which public employees participate and that exists | 1348 |
for the purpose, in whole or in part, of dealing with public | 1349 |
employers concerning grievances, labor disputes, wages, hours, | 1350 |
terms, and other conditions of employment. | 1351 |
(E) "Exclusive representative" means the employee | 1352 |
organization certified or recognized as an exclusive | 1353 |
representative under section 4117.05 of the Revised Code. | 1354 |
(F) "Supervisor" means any individual who has authority, in | 1355 |
the interest of the public employer, to hire, transfer, suspend, | 1356 |
lay off, recall, promote, discharge, assign, reward, or discipline | 1357 |
other public employees; to responsibly direct them; to adjust | 1358 |
their grievances; or to effectively recommend such action, if the | 1359 |
exercise of that authority is not of a merely routine or clerical | 1360 |
nature, but requires the use of independent judgment, provided | 1361 |
that: | 1362 |
(1) Employees of school districts who are department | 1363 |
chairpersons or consulting teachers shall not be deemed | 1364 |
supervisors; | 1365 |
(2) With respect to members of a police or fire department, | 1366 |
no person shall be deemed a supervisor except the chief of the | 1367 |
department or those individuals who, in the absence of the chief, | 1368 |
are authorized to exercise the authority and perform the duties of | 1369 |
the chief of the department. Where prior to June 1, 1982, a public | 1370 |
employer pursuant to a judicial decision, rendered in litigation | 1371 |
to which the public employer was a party, has declined to engage | 1372 |
in collective bargaining with members of a police or fire | 1373 |
department on the basis that those members are supervisors, those | 1374 |
members of a police or fire department do not have the rights | 1375 |
specified in this chapter for the purposes of future collective | 1376 |
bargaining. The state employment relations board shall decide all | 1377 |
disputes concerning the application of division (F)(2) of this | 1378 |
section. | 1379 |
(3) With respect to faculty members of a state institution of | 1380 |
higher education, heads of departments or divisions are | 1381 |
supervisors; however, no other faculty member or group of faculty | 1382 |
members is a supervisor solely because the faculty member or group | 1383 |
of faculty members participate in decisions with respect to | 1384 |
courses, curriculum, personnel, or other matters of academic | 1385 |
policy; | 1386 |
(4) No teacher as defined in section 3319.09 of the Revised | 1387 |
Code shall be designated as a supervisor or a management level | 1388 |
employee unless the teacher is employed under a contract governed | 1389 |
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and | 1390 |
is assigned to a position for which a license deemed to be for | 1391 |
administrators under state board rules is required pursuant to | 1392 |
section 3319.22 of the Revised Code. | 1393 |
(G) "To bargain collectively" means to perform the mutual | 1394 |
obligation of the public employer, by its representatives, and the | 1395 |
representatives of its employees to negotiate in good faith at | 1396 |
reasonable times and places with respect to wages, hours, terms, | 1397 |
and other conditions of employment and the continuation, | 1398 |
modification, or deletion of an existing provision of a collective | 1399 |
bargaining agreement, with the intention of reaching an agreement, | 1400 |
or to resolve questions arising under the agreement. "To bargain | 1401 |
collectively" includes executing a written contract incorporating | 1402 |
the terms of any agreement reached. The obligation to bargain | 1403 |
collectively does not mean that either party is compelled to agree | 1404 |
to a proposal nor does it require the making of a concession. | 1405 |
(H) "Strike" means continuous concerted action in failing to | 1406 |
report to duty; willful absence from one's position; or stoppage | 1407 |
of work in whole from the full, faithful, and proper performance | 1408 |
of the duties of employment, for the purpose of inducing, | 1409 |
influencing, or coercing a change in wages, hours, terms, and | 1410 |
other conditions of employment. "Strike" does not include a | 1411 |
stoppage of work by employees in good faith because of dangerous | 1412 |
or unhealthful working conditions at the place of employment that | 1413 |
are abnormal to the place of employment. | 1414 |
(I) "Unauthorized strike" includes, but is not limited to, | 1415 |
concerted action during the term or extended term of a collective | 1416 |
bargaining agreement or during the pendency of the settlement | 1417 |
procedures set forth in section 4117.14 of the Revised Code in | 1418 |
failing to report to duty; willful absence from one's position; | 1419 |
stoppage of work; slowdown, or abstinence in whole or in part from | 1420 |
the full, faithful, and proper performance of the duties of | 1421 |
employment for the purpose of inducing, influencing, or coercing a | 1422 |
change in wages, hours, terms, and other conditions of employment. | 1423 |
"Unauthorized strike" includes any such action, absence, stoppage, | 1424 |
slowdown, or abstinence when done partially or intermittently, | 1425 |
whether during or after the expiration of the term or extended | 1426 |
term of a collective bargaining agreement or during or after the | 1427 |
pendency of the settlement procedures set forth in section 4117.14 | 1428 |
of the Revised Code. | 1429 |
(J) "Professional employee" means any employee engaged in | 1430 |
work that is predominantly intellectual, involving the consistent | 1431 |
exercise of discretion and judgment in its performance and | 1432 |
requiring knowledge of an advanced type in a field of science or | 1433 |
learning customarily acquired by a prolonged course in an | 1434 |
institution of higher learning or a hospital, as distinguished | 1435 |
from a general academic education or from an apprenticeship; or an | 1436 |
employee who has completed the courses of specialized intellectual | 1437 |
instruction and is performing related work under the supervision | 1438 |
of a professional person to become qualified as a professional | 1439 |
employee. | 1440 |
(K) "Confidential employee" means any employee who works in | 1441 |
the personnel offices of a public employer and deals with | 1442 |
information to be used by the public employer in collective | 1443 |
bargaining; or any employee who works in a close continuing | 1444 |
relationship with public officers or representatives directly | 1445 |
participating in collective bargaining on behalf of the employer. | 1446 |
(L) "Management level employee" means an individual who | 1447 |
formulates policy on behalf of the public employer, who | 1448 |
responsibly directs the implementation of policy, or who may | 1449 |
reasonably be required on behalf of the public employer to assist | 1450 |
in the preparation for the conduct of collective negotiations, | 1451 |
administer collectively negotiated agreements, or have a major | 1452 |
role in personnel administration. Assistant superintendents, | 1453 |
principals, and assistant principals whose employment is governed | 1454 |
by section 3319.02 of the Revised Code are management level | 1455 |
employees. With respect to members of a faculty of a state | 1456 |
institution of higher education, no person is a management level | 1457 |
employee because of the person's involvement in the formulation or | 1458 |
implementation of academic or institution policy. | 1459 |
(M) "Wages" means hourly rates of pay, salaries, or other | 1460 |
forms of compensation for services rendered. | 1461 |
(N) "Member of a police department" means a person who is in | 1462 |
the employ of a police department of a municipal corporation as a | 1463 |
full-time regular police officer as the result of an appointment | 1464 |
from a duly established civil service eligibility list or under | 1465 |
section 737.15 or 737.16 of the Revised Code, a full-time deputy | 1466 |
sheriff appointed under section 311.04 of the Revised Code, a | 1467 |
township constable appointed under section 509.01 of the Revised | 1468 |
Code, or a member of a township police district police department | 1469 |
appointed under section 505.49 of the Revised Code. | 1470 |
(O) "Members of the state highway patrol" means highway | 1471 |
patrol troopers and radio operators appointed under section | 1472 |
5503.01 of the Revised Code. | 1473 |
(P) "Member of a fire department" means a person who is in | 1474 |
the employ of a fire department of a municipal corporation or a | 1475 |
township as a fire cadet, full-time regular firefighter, or | 1476 |
promoted rank as the result of an appointment from a duly | 1477 |
established civil service eligibility list or under section | 1478 |
505.38, 709.012, or 737.22 of the Revised Code. | 1479 |
(Q) "Day" means calendar day. | 1480 |
Section 2. That existing sections 1.60, 102.01, 117.01, | 1481 |
121.01, 121.22, 121.41, 121.60, 122.011, 124.01, 145.012, 149.011, | 1482 |
2921.01, and 4117.01 of the Revised Code are hereby repealed. | 1483 |
Section 3. The Supreme Court of Ohio shall have exclusive, | 1484 |
original jurisdiction over any claim asserting that any one or | 1485 |
more sections of the Revised Code amended or enacted by this act, | 1486 |
or any portion of one or more of those sections, or any rule | 1487 |
adopted under one or more of those sections, violates any | 1488 |
provision of the Ohio Constitution; and over any claim asserting | 1489 |
that any action taken pursuant to those sections by the Governor | 1490 |
or the nonprofit corporation formed under section 187.01 of the | 1491 |
Revised Code violates any provision of the Ohio Constitution or | 1492 |
any provision of the Revised Code. Any such claim shall be filed | 1493 |
as otherwise required by the Court's rules of practice not later | 1494 |
than the sixtieth day after the effective date of this act. If any | 1495 |
claim over which the Supreme Court is granted exclusive, original | 1496 |
jurisdiction by this section is filed in any lower court, the | 1497 |
claim shall be dismissed by the court on the ground that the court | 1498 |
lacks jurisdiction to review it. | 1499 |
Section 4. Section 145.012 of the Revised Code is presented | 1500 |
in this act as a composite of the section as amended by both Am. | 1501 |
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The | 1502 |
General Assembly, applying the principle stated in division (B) of | 1503 |
section 1.52 of the Revised Code that amendments are to be | 1504 |
harmonized if reasonably capable of simultaneous operation, finds | 1505 |
that the composite is the resulting version of the section in | 1506 |
effect prior to the effective date of the section as presented in | 1507 |
this act. | 1508 |
Section 5. The Director of Development, in consultation with | 1509 |
the Director of Budget and Management, shall find within the | 1510 |
Department of Development's total unexpended and unencumbered | 1511 |
fiscal year 2011 General Revenue Fund appropriation an amount not | 1512 |
to exceed $1,000,000 in order to establish and operate the | 1513 |
JobsOhio corporation established in Chapter 187. of the Revised | 1514 |
Code. The Director of Development shall identify appropriation | 1515 |
items within the General Revenue Fund that are to be reduced for | 1516 |
this purpose, and any reduction in appropriations to these items | 1517 |
pursuant to this section shall not collectively exceed $1,000,000. | 1518 |
The amounts identified by the Director are hereby appropriated in | 1519 |
General Revenue Fund appropriation item 195527, JobsOhio, for | 1520 |
transition and start-up costs of the JobsOhio corporation. Nothing | 1521 |
in this section shall be construed as increasing or decreasing the | 1522 |
Department of Development's total fiscal year 2011 General Revenue | 1523 |
Fund appropriation. | 1524 |
Section 6. Sections 1, 2, 3, 4, 5, and 6 of this act are not | 1525 |
subject to the referendum because they are or they relate to an | 1526 |
appropriation for current expenses within the meaning of Ohio | 1527 |
Constitution, Article II, Section 1d, and section 1.471 of the | 1528 |
Revised Code, and therefore those sections take effect immediately | 1529 |
when this act becomes law. | 1530 |