As Reported by the Senate State and Local Government and Veterans Affairs Committee

129th General Assembly Regular Session 2011-2012

Sub. 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 

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A BILL

To amend section 124.341 and to enact section 117.103

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of the Revised Code to require the Auditor of

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State to establish a fraud-reporting system for

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residents and public employees to file anonymous

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complaints of fraud and misuse of public funds by

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public offices or officials.

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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

The auditor of state shall keep a log of all complaints filed	17
under this section, which is a public record under section 149.43	18
of the Revised Code. The log shall include the date the complaint	19
was received, a general description of the nature of the	20
complaint, the name of the public office or agency with regard to	21
which the complaint is directed, and a general description of the	22
status of the review by the auditor of state. If section 149.43 of	23
the Revised Code or another statute provides for an applicable	24
exemption from the definition of public record for the information	25
recorded on the log, that information may be redacted.	26

(B)(1) A public office shall provide information about the	27
Ohio fraud-reporting system and the means of reporting fraud to	28
each new employee upon employment with the public office. Each new	29
employee shall confirm receipt of this information within thirty	30
days after beginning employment. The auditor of state shall	31
provide a model form on the auditor of state's web site to be	32
printed and used by new public employees to sign and verify their	33
receipt of information as required by this section. The auditor of	34
state shall confirm, when conducting an audit under section 117.11	35
of the Revised Code, that new employees have been provided	36
information as required by this division.	37

(2) On the effective date of this section, each public office	38
shall make all its employees aware of the fraud-reporting system	39
required by this section.	40

(3) Divisions (B)(1) and (2) of this section are satisfied if	41
a public office provides information about the fraud-reporting	42
system and the means of reporting fraud in the employee handbook	43
or manual for the public office. An employee shall sign and verify	44
the employee's receipt of such a handbook or manual.	45

Sec. 124.341.  (A) If an employee in the classified or	46
unclassified civil service becomes aware in the course of	47
employment of a violation of state or federal statutes, rules, or	48
regulations or the misuse of public resources, and the employee's	49
supervisor or appointing authority has authority to correct the	50
violation or misuse, the employee may file a written report	51
identifying the violation or misuse with the supervisor or	52
appointing authority. In addition to or instead of filing a	53
written report with the supervisor or appointing authority, the	54
employee may file a written report with the office of internal	55
auditing created under section 126.45 of the Revised Code or file	56
a complaint with the auditor of state's fraud-reporting system	57
under section 117.103 of the Revised Code.	58

If the employee reasonably believes that a violation or	59
misuse of public resources is a criminal offense, the employee, in	60
addition to or instead of filing a written report or complaint	61
with the supervisor, appointing authority, or the office of	62
internal auditing, or the auditor of state's fraud-reporting	63
system, may report it to a prosecuting attorney, director of law,	64
village solicitor, or similar chief legal officer of a municipal	65
corporation, to a peace officer, as defined in section 2935.01 of	66
the Revised Code, or, if the violation or misuse of public	67
resources is within the jurisdiction of the inspector general, to	68
the inspector general in accordance with section 121.46 of the	69
Revised Code. In addition to that report, if the employee	70
reasonably believes the violation or misuse is also a violation of	71
Chapter 102., section 2921.42, or section 2921.43 of the Revised	72
Code, the employee may report it to the appropriate ethics	73
commission.	74

(B) Except as otherwise provided in division (C) of this	75
section, no officer or employee in the classified or unclassified	76
civil service shall take any disciplinary action against an	77
employee in the classified or unclassified civil service for	78
making any report or filing a complaint as authorized by division	79
(A) of this section, including, without limitation, doing any of	80
the following:	81

(1) Removing or suspending the employee from employment;

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(2) Withholding from the employee salary increases or	83
employee benefits to which the employee is otherwise entitled;	84

(3) Transferring or reassigning the employee;

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(4) Denying the employee promotion that otherwise would have	86
been received;	87

(5) Reducing the employee in pay or position.

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(C) An employee in the classified or unclassified civil	89
service shall make a reasonable effort to determine the accuracy	90
of any information reported under division (A) of this section.	91
The employee is subject to disciplinary action, including	92
suspension or removal, as determined by the employee's appointing	93
authority, for purposely, knowingly, or recklessly reporting false	94
information under division (A) of this section.	95

(D) If an appointing authority takes any disciplinary or	96
retaliatory action against a classified or unclassified employee	97
as a result of the employee's having filed a report or complaint	98
under division (A) of this section, the employee's sole and	99
exclusive remedy, notwithstanding any other provision of law, is	100
to file an appeal with the state personnel board of review within	101
thirty days after receiving actual notice of the appointing	102
authority's action. If the employee files such an appeal, the	103
board shall immediately notify the employee's appointing authority	104
and shall hear the appeal. The board may affirm or disaffirm the	105
action of the appointing authority or may issue any other order as	106
is appropriate. The order of the board is appealable in accordance	107
with Chapter 119. of the Revised Code.	108

(E) As used in this section:

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(1) "Purposely," "knowingly," and "recklessly" have the same	110
meanings as in section 2901.22 of the Revised Code.	111

(2) "Appropriate ethics commission" has the same meaning as	112
in section 102.01 of the Revised Code.	113

(3) "Inspector general" means the inspector general appointed	114
under section 121.48 of the Revised Code.	115

Section 2. That existing section 124.341 of the Revised Code	116
is hereby repealed.	117