As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 66


Representative McGregor 

Cosponsors: Representatives Beck, Adams, J., Brenner, Ruhl, Huffman, Derickson, Blessing, Dovilla, Kozlowski, Grossman, Amstutz, Combs, Stebelton, Hackett, Hottinger, Hollington, Pillich, Blair, Maag, Adams, R., Anielski, Antonio, Baker, Barnes, Boose, Bubp, Buchy, Butler, Carney, Celeste, Clyde, Coley, Duffey, Fedor, Fende, Foley, Gardner, Garland, Gonzales, Goodwin, Goyal, Hagan, C., Hall, Hayes, Henne, Johnson, Letson, Luckie, Lundy, Martin, McClain, McKenney, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Patmon, Peterson, Phillips, Ramos, Roegner, Schuring, Sears, Slaby, Sprague, Sykes, Szollosi, Thompson, Uecker, Wachtmann, Weddington, Young, Yuko Speaker Batchelder 

A BILL
To amend section 124.341 and to enact section 117.103 1
of the Revised Code to require the Auditor of 2
State to establish a fraud-reporting system for 3
residents and public employees to file anonymous 4
complaints of fraud and misuse of public funds by 5
public offices or officials.6


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

       Section 1. That section 124.341 be amended and section 7
117.103 of the Revised Code be enacted to read as follows:8

       Sec. 117.103. (A) The auditor of state shall establish and 9
maintain a system for the reporting of fraud, including misuse and 10
misappropriation of public money, by any public office or public 11
official. The system shall allow Ohio residents and the employees 12
of any public office to make anonymous complaints through a 13
toll-free telephone number, the auditor of state's web site, or 14
the United States mail to the auditor of state's office. The 15
auditor of state shall review all complaints in a timely manner. 16
Upon completion of the review by the auditor of state, the 17
complaints are public records under section 149.43 of the Revised 18
Code unless that or another statute specifies an applicable 19
exemption from the definition of a public record.20

        (B)(1) A public office shall provide information about the 21
Ohio fraud-reporting system and the means of reporting fraud to 22
each new employee upon employment with the public office. Each new 23
employee shall confirm receipt of this information within thirty 24
days after beginning employment. The auditor of state shall 25
provide a model form on the auditor of state's web site to be 26
printed and used by new public employees to sign and verify their 27
receipt of information as required by this section. The auditor of 28
state shall confirm, when conducting an audit under section 117.11 29
of the Revised Code, that new employees have been provided 30
information as required by this division.31

       (2) On the effective date of this section, each public office 32
shall make all its employees aware of the fraud-reporting system 33
required by this section.34

       (3) Divisions (B)(1) and (2) of this section are satisfied if 35
a public office provides information about the fraud-reporting 36
system and the means of reporting fraud in the employee handbook 37
or manual for the public office. An employee shall sign and verify 38
the employee's receipt of such a handbook or manual.39

       Sec. 124.341.  (A) If an employee in the classified or 40
unclassified civil service becomes aware in the course of 41
employment of a violation of state or federal statutes, rules, or 42
regulations or the misuse of public resources, and the employee's 43
supervisor or appointing authority has authority to correct the 44
violation or misuse, the employee may file a written report 45
identifying the violation or misuse with the supervisor or 46
appointing authority. In addition to or instead of filing a 47
written report with the supervisor or appointing authority, the 48
employee may file a written report with the office of internal 49
auditing created under section 126.45 of the Revised Code or file 50
a complaint with the auditor of state's fraud-reporting system 51
under section 117.103 of the Revised Code.52

       If the employee reasonably believes that a violation or 53
misuse of public resources is a criminal offense, the employee, in 54
addition to or instead of filing a written report or complaint55
with the supervisor, appointing authority, or the office of 56
internal auditing, or the auditor of state's fraud-reporting 57
system, may report it to a prosecuting attorney, director of law, 58
village solicitor, or similar chief legal officer of a municipal 59
corporation, to a peace officer, as defined in section 2935.01 of 60
the Revised Code, or, if the violation or misuse of public 61
resources is within the jurisdiction of the inspector general, to 62
the inspector general in accordance with section 121.46 of the 63
Revised Code. In addition to that report, if the employee 64
reasonably believes the violation or misuse is also a violation of 65
Chapter 102., section 2921.42, or section 2921.43 of the Revised 66
Code, the employee may report it to the appropriate ethics 67
commission.68

       (B) Except as otherwise provided in division (C) of this 69
section, no officer or employee in the classified or unclassified 70
civil service shall take any disciplinary action against an 71
employee in the classified or unclassified civil service for 72
making any report or filing a complaint as authorized by division 73
(A) of this section, including, without limitation, doing any of 74
the following:75

       (1) Removing or suspending the employee from employment;76

       (2) Withholding from the employee salary increases or 77
employee benefits to which the employee is otherwise entitled;78

       (3) Transferring or reassigning the employee;79

       (4) Denying the employee promotion that otherwise would have 80
been received;81

       (5) Reducing the employee in pay or position.82

       (C) An employee in the classified or unclassified civil 83
service shall make a reasonable effort to determine the accuracy 84
of any information reported under division (A) of this section. 85
The employee is subject to disciplinary action, including 86
suspension or removal, as determined by the employee's appointing 87
authority, for purposely, knowingly, or recklessly reporting false 88
information under division (A) of this section.89

       (D) If an appointing authority takes any disciplinary or 90
retaliatory action against a classified or unclassified employee 91
as a result of the employee's having filed a report or complaint92
under division (A) of this section, the employee's sole and 93
exclusive remedy, notwithstanding any other provision of law, is 94
to file an appeal with the state personnel board of review within 95
thirty days after receiving actual notice of the appointing 96
authority's action. If the employee files such an appeal, the 97
board shall immediately notify the employee's appointing authority 98
and shall hear the appeal. The board may affirm or disaffirm the 99
action of the appointing authority or may issue any other order as 100
is appropriate. The order of the board is appealable in accordance 101
with Chapter 119. of the Revised Code.102

       (E) As used in this section:103

       (1) "Purposely," "knowingly," and "recklessly" have the same 104
meanings as in section 2901.22 of the Revised Code.105

       (2) "Appropriate ethics commission" has the same meaning as 106
in section 102.01 of the Revised Code.107

       (3) "Inspector general" means the inspector general appointed 108
under section 121.48 of the Revised Code.109

       Section 2. That existing section 124.341 of the Revised Code 110
is hereby repealed.111