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To amend sections 102.01, 117.01, 121.22, 121.41, | 1 |
125.20, 149.43, 187.03, and 4113.51 and to enact | 2 |
sections 187.14, 187.15, 187.16, and 187.17 of the | 3 |
Revised Code to create the JobsOhio Accountability | 4 |
Act. | 5 |
Section 1. That sections 102.01, 117.01, 121.22, 121.41, | 6 |
125.20, 149.43, 187.03, and 4113.51 be amended and sections | 7 |
187.14, 187.15, 187.16, and 187.17 of the Revised Code be enacted | 8 |
to read as follows: | 9 |
Sec. 102.01. As used in this chapter: | 10 |
(A) "Compensation" means money, thing of value, or financial | 11 |
benefit. "Compensation" does not include reimbursement for actual | 12 |
and necessary expenses incurred in the performance of official | 13 |
duties. | 14 |
(B)(1) "Public official or employee" means any person who is | 15 |
elected or appointed to an office or is an employee of any public | 16 |
agency. "Public official or employee" includes the directors and | 17 |
employees of the nonprofit corporation formed under section 187.01 | 18 |
of the Revised Code and its subsidiaries. | 19 |
(2) "Public official or employee" does not include a person | 20 |
elected or appointed to the office of precinct, ward, or district | 21 |
committee member under section 3517.03 of the Revised Code, any | 22 |
presidential elector, or any delegate to a national convention. | 23 |
"Public official or employee" does not include a person who is a | 24 |
teacher, instructor, professor, or other kind of educator whose | 25 |
position does not involve the performance of, or authority to | 26 |
perform, administrative or supervisory functions. | 27 |
(C)(1) "Public agency" means the general assembly, all | 28 |
courts, any department, division, institution, board, commission, | 29 |
authority, bureau or other instrumentality of the state, a county, | 30 |
city, village, or township, the five state retirement systems, or | 31 |
any other governmental entity. "Public agency" includes the | 32 |
nonprofit corporation formed under section 187.01 of the Revised | 33 |
Code and its subsidiaries. | 34 |
(2) "Public agency" does not include a department, division, | 35 |
institution, board, commission, authority, or other | 36 |
instrumentality of the state or a county, municipal corporation, | 37 |
township, or other governmental entity that functions exclusively | 38 |
for cultural, educational, historical, humanitarian, advisory, or | 39 |
research purposes; that does not expend more than ten thousand | 40 |
dollars per calendar year, excluding salaries and wages of | 41 |
employees; and whose members are uncompensated. | 42 |
43 | |
44 |
(D) "Immediate family" means a spouse residing in the | 45 |
person's household and any dependent child. | 46 |
(E) "Income" includes gross income as defined and used in the | 47 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 48 |
amended, interest and dividends on obligations or securities of | 49 |
any state or of any political subdivision or authority of any | 50 |
state or political subdivision, and interest or dividends on | 51 |
obligations of any authority, commission, or instrumentality of | 52 |
the United States. | 53 |
(F) Except as otherwise provided in division (A) of section | 54 |
102.08 of the Revised Code, "appropriate ethics commission" means: | 55 |
(1) For matters relating to members of the general assembly, | 56 |
employees of the general assembly, employees of the legislative | 57 |
service commission, candidates for the office of member of the | 58 |
general assembly, and public members appointed to the Ohio | 59 |
constitutional modernization commission under section 103.63 of | 60 |
the Revised Code, the joint legislative ethics committee; | 61 |
(2) For matters relating to judicial officers and employees, | 62 |
and candidates for judicial office, the board of commissioners on | 63 |
grievances and discipline of the supreme court; | 64 |
(3) For matters relating to all other persons, the Ohio | 65 |
ethics commission. | 66 |
(G) "Anything of value" has the same meaning as provided in | 67 |
section 1.03 of the Revised Code and includes, but is not limited | 68 |
to, a contribution as defined in section 3517.01 of the Revised | 69 |
Code. | 70 |
(H) "Honorarium" means any payment made in consideration for | 71 |
any speech given, article published, or attendance at any public | 72 |
or private conference, convention, meeting, social event, meal, or | 73 |
similar gathering. "Honorarium" does not include ceremonial gifts | 74 |
or awards that have insignificant monetary value; unsolicited | 75 |
gifts of nominal value or trivial items of informational value; or | 76 |
earned income from any person, other than a legislative agent, for | 77 |
personal services that are customarily provided in connection with | 78 |
the practice of a bona fide business, if that business initially | 79 |
began before the public official or employee conducting that | 80 |
business was elected or appointed to the public official's or | 81 |
employee's office or position of employment. | 82 |
(I) "Employer" means any person who, directly or indirectly, | 83 |
engages an executive agency lobbyist or legislative agent. | 84 |
(J) "Executive agency decision," "executive agency lobbyist," | 85 |
and "executive agency lobbying activity" have the same meanings as | 86 |
in section 121.60 of the Revised Code. | 87 |
(K) "Legislation," "legislative agent," "financial | 88 |
transaction," and "actively advocate" have the same meanings as in | 89 |
section 101.70 of the Revised Code. | 90 |
(L) "Expenditure" has the same meaning as in section 101.70 | 91 |
of the Revised Code when used in relation to activities of a | 92 |
legislative agent, and the same meaning as in section 121.60 of | 93 |
the Revised Code when used in relation to activities of an | 94 |
executive agency lobbyist. | 95 |
Sec. 117.01. As used in this chapter: | 96 |
(A) "Color of office" means actually, purportedly, or | 97 |
allegedly done under any law, ordinance, resolution, order, or | 98 |
other pretension to official right, power, or authority. | 99 |
(B) "Public accountant" means any person who is authorized by | 100 |
Chapter 4701. of the Revised Code to use the designation of | 101 |
certified public accountant or who was registered prior to January | 102 |
1, 1971, as a public accountant. | 103 |
(C)(1) "Public money" means any money received, collected by, | 104 |
or due a public official under color of office, as well as any | 105 |
money collected by any individual on behalf of a public office or | 106 |
as a purported representative or agent of the public office. | 107 |
(2) With respect to the transfer and operation of the | 108 |
enterprise acquisition project, "public money" includes all | 109 |
revenue and receipts of or from the enterprise acquisition project | 110 |
in the possession of JobsOhio or any subsidiary of JobsOhio. For | 111 |
purposes of division (C)(2) of this section, "enterprise | 112 |
acquisition project" and "JobsOhio" have the same meanings as in | 113 |
section 4313.01 of the Revised Code. | 114 |
(D) "Public office" means any state agency, public | 115 |
institution, political subdivision, other organized body, office, | 116 |
agency, institution, or entity established by the laws of this | 117 |
state for the exercise of any function of government. "Public | 118 |
office" | 119 |
under section 187.01 of the Revised Code and its subsidiaries. | 120 |
(E) "Public official" means any officer, employee, or duly | 121 |
authorized representative or agent of a public office. | 122 |
(F) "State agency" means every organized body, office, | 123 |
agency, institution, or other entity established by the laws of | 124 |
the state for the exercise of any function of state government. | 125 |
(G) "Audit" means any of the following: | 126 |
(1) Any examination, analysis, or inspection of the state's | 127 |
or a public office's financial statements or reports; | 128 |
(2) Any examination, analysis, or inspection of records, | 129 |
documents, books, or any other evidence relating to either of the | 130 |
following: | 131 |
(a) The collection, receipt, accounting, use, or expenditure | 132 |
of public money by a public office or by a private institution, | 133 |
association, board, or corporation; | 134 |
(b) The determination by the auditor of state, as required by | 135 |
section 117.11 of the Revised Code, of whether a public office has | 136 |
complied with all the laws, rules, ordinances, or orders | 137 |
pertaining to the public office. | 138 |
(3) Any other type of examination, analysis, or inspection of | 139 |
a public office or of a private institution, association, board, | 140 |
or corporation receiving public money that is conducted according | 141 |
to generally accepted or governmental auditing standards | 142 |
established by rule pursuant to section 117.19 of the Revised | 143 |
Code. | 144 |
Sec. 121.22. (A) This section shall be liberally construed | 145 |
to require public officials to take official action and to conduct | 146 |
all deliberations upon official business only in open meetings | 147 |
unless the subject matter is specifically excepted by law. | 148 |
(B) As used in this section: | 149 |
(1) "Public body" means any of the following: | 150 |
(a) Any board, commission, committee, council, or similar | 151 |
decision-making body of a state agency, institution, or authority, | 152 |
and any legislative authority or board, commission, committee, | 153 |
council, agency, authority, or similar decision-making body of any | 154 |
county, township, municipal corporation, school district, or other | 155 |
political subdivision or local public institution; | 156 |
(b) Any committee or subcommittee of a body described in | 157 |
division (B)(1)(a) of this section; | 158 |
(c) A court of jurisdiction of a sanitary district organized | 159 |
wholly for the purpose of providing a water supply for domestic, | 160 |
municipal, and public use when meeting for the purpose of the | 161 |
appointment, removal, or reappointment of a member of the board of | 162 |
directors of such a district pursuant to section 6115.10 of the | 163 |
Revised Code, if applicable, or for any other matter related to | 164 |
such a district other than litigation involving the district. As | 165 |
used in division (B)(1)(c) of this section, "court of | 166 |
jurisdiction" has the same meaning as "court" in section 6115.01 | 167 |
of the Revised Code. | 168 |
(2) "Meeting" means any prearranged discussion of the public | 169 |
business of the public body by a majority of its members. | 170 |
(3) "Regulated individual" means either of the following: | 171 |
(a) A student in a state or local public educational | 172 |
institution; | 173 |
(b) A person who is, voluntarily or involuntarily, an inmate, | 174 |
patient, or resident of a state or local institution because of | 175 |
criminal behavior, mental illness or retardation, disease, | 176 |
disability, age, or other condition requiring custodial care. | 177 |
(4) "Public office" has the same meaning as in section | 178 |
149.011 of the Revised Code. | 179 |
(C) All meetings of any public body are declared to be public | 180 |
meetings open to the public at all times. A member of a public | 181 |
body shall be present in person at a meeting open to the public to | 182 |
be considered present or to vote at the meeting and for purposes | 183 |
of determining whether a quorum is present at the meeting. | 184 |
The minutes of a regular or special meeting of any public | 185 |
body shall be promptly prepared, filed, and maintained and shall | 186 |
be open to public inspection. The minutes need only reflect the | 187 |
general subject matter of discussions in executive sessions | 188 |
authorized under division (G) or (J) of this section. | 189 |
(D) This section does not apply to any of the following: | 190 |
(1) A grand jury; | 191 |
(2) An audit conference conducted by the auditor of state or | 192 |
independent certified public accountants with officials of the | 193 |
public office that is the subject of the audit; | 194 |
(3) The adult parole authority when its hearings are | 195 |
conducted at a correctional institution for the sole purpose of | 196 |
interviewing inmates to determine parole or pardon; | 197 |
(4) The organized crime investigations commission established | 198 |
under section 177.01 of the Revised Code; | 199 |
(5) Meetings of a child fatality review board established | 200 |
under section 307.621 of the Revised Code and meetings conducted | 201 |
pursuant to sections 5153.171 to 5153.173 of the Revised Code; | 202 |
(6) The state medical board when determining whether to | 203 |
suspend a certificate without a prior hearing pursuant to division | 204 |
(G) of either section 4730.25 or 4731.22 of the Revised Code; | 205 |
(7) The board of nursing when determining whether to suspend | 206 |
a license or certificate without a prior hearing pursuant to | 207 |
division (B) of section 4723.281 of the Revised Code; | 208 |
(8) The state board of pharmacy when determining whether to | 209 |
suspend a license without a prior hearing pursuant to division (D) | 210 |
of section 4729.16 of the Revised Code; | 211 |
(9) The state chiropractic board when determining whether to | 212 |
suspend a license without a hearing pursuant to section 4734.37 of | 213 |
the Revised Code; | 214 |
(10) The executive committee of the emergency response | 215 |
commission when determining whether to issue an enforcement order | 216 |
or request that a civil action, civil penalty action, or criminal | 217 |
action be brought to enforce Chapter 3750. of the Revised Code; | 218 |
(11) The board of directors of the nonprofit corporation | 219 |
formed under section 187.01 of the Revised Code or any committee | 220 |
thereof, and the board of directors of any subsidiary of that | 221 |
corporation or a committee thereof; | 222 |
(12) An audit conference conducted by the audit staff of the | 223 |
department of job and family services with officials of the public | 224 |
office that is the subject of that audit under section 5101.37 of | 225 |
the Revised Code. | 226 |
(E) The controlling board, the industrial technology and | 227 |
enterprise advisory council, the tax credit authority, or the | 228 |
minority development financing advisory board, when meeting to | 229 |
consider granting assistance pursuant to Chapter 122. or 166. of | 230 |
the Revised Code, in order to protect the interest of the | 231 |
applicant or the possible investment of public funds, by unanimous | 232 |
vote of all board, council, or authority members present, may | 233 |
close the meeting during consideration of the following | 234 |
information confidentially received by the authority, council, or | 235 |
board from the applicant: | 236 |
(1) Marketing plans; | 237 |
(2) Specific business strategy; | 238 |
(3) Production techniques and trade secrets; | 239 |
(4) Financial projections; | 240 |
(5) Personal financial statements of the applicant or members | 241 |
of the applicant's immediate family, including, but not limited | 242 |
to, tax records or other similar information not open to public | 243 |
inspection. | 244 |
The vote by the authority, council, or board to accept or | 245 |
reject the application, as well as all proceedings of the | 246 |
authority, council, or board not subject to this division, shall | 247 |
be open to the public and governed by this section. | 248 |
(F) Every public body, by rule, shall establish a reasonable | 249 |
method whereby any person may determine the time and place of all | 250 |
regularly scheduled meetings and the time, place, and purpose of | 251 |
all special meetings. A public body shall not hold a special | 252 |
meeting unless it gives at least twenty-four hours' advance notice | 253 |
to the news media that have requested notification, except in the | 254 |
event of an emergency requiring immediate official action. In the | 255 |
event of an emergency, the member or members calling the meeting | 256 |
shall notify the news media that have requested notification | 257 |
immediately of the time, place, and purpose of the meeting. | 258 |
The rule shall provide that any person, upon request and | 259 |
payment of a reasonable fee, may obtain reasonable advance | 260 |
notification of all meetings at which any specific type of public | 261 |
business is to be discussed. Provisions for advance notification | 262 |
may include, but are not limited to, mailing the agenda of | 263 |
meetings to all subscribers on a mailing list or mailing notices | 264 |
in self-addressed, stamped envelopes provided by the person. | 265 |
(G) Except as provided in division (J) of this section, the | 266 |
members of a public body may hold an executive session only after | 267 |
a majority of a quorum of the public body determines, by a roll | 268 |
call vote, to hold an executive session and only at a regular or | 269 |
special meeting for the sole purpose of the consideration of any | 270 |
of the following matters: | 271 |
(1) To consider the appointment, employment, dismissal, | 272 |
discipline, promotion, demotion, or compensation of a public | 273 |
employee or official, or the investigation of charges or | 274 |
complaints against a public employee, official, licensee, or | 275 |
regulated individual, unless the public employee, official, | 276 |
licensee, or regulated individual requests a public hearing. | 277 |
Except as otherwise provided by law, no public body shall hold an | 278 |
executive session for the discipline of an elected official for | 279 |
conduct related to the performance of the elected official's | 280 |
official duties or for the elected official's removal from office. | 281 |
If a public body holds an executive session pursuant to division | 282 |
(G)(1) of this section, the motion and vote to hold that executive | 283 |
session shall state which one or more of the approved purposes | 284 |
listed in division (G)(1) of this section are the purposes for | 285 |
which the executive session is to be held, but need not include | 286 |
the name of any person to be considered at the meeting. | 287 |
(2) To consider the purchase of property for public purposes, | 288 |
or for the sale of property at competitive bidding, if premature | 289 |
disclosure of information would give an unfair competitive or | 290 |
bargaining advantage to a person whose personal, private interest | 291 |
is adverse to the general public interest. No member of a public | 292 |
body shall use division (G)(2) of this section as a subterfuge for | 293 |
providing covert information to prospective buyers or sellers. A | 294 |
purchase or sale of public property is void if the seller or buyer | 295 |
of the public property has received covert information from a | 296 |
member of a public body that has not been disclosed to the general | 297 |
public in sufficient time for other prospective buyers and sellers | 298 |
to prepare and submit offers. | 299 |
If the minutes of the public body show that all meetings and | 300 |
deliberations of the public body have been conducted in compliance | 301 |
with this section, any instrument executed by the public body | 302 |
purporting to convey, lease, or otherwise dispose of any right, | 303 |
title, or interest in any public property shall be conclusively | 304 |
presumed to have been executed in compliance with this section | 305 |
insofar as title or other interest of any bona fide purchasers, | 306 |
lessees, or transferees of the property is concerned. | 307 |
(3) Conferences with an attorney for the public body | 308 |
concerning disputes involving the public body that are the subject | 309 |
of pending or imminent court action; | 310 |
(4) Preparing for, conducting, or reviewing negotiations or | 311 |
bargaining sessions with public employees concerning their | 312 |
compensation or other terms and conditions of their employment; | 313 |
(5) Matters required to be kept confidential by federal law | 314 |
or regulations or state statutes; | 315 |
(6) Details relative to the security arrangements and | 316 |
emergency response protocols for a public body or a public office, | 317 |
if disclosure of the matters discussed could reasonably be | 318 |
expected to jeopardize the security of the public body or public | 319 |
office; | 320 |
(7) In the case of a county hospital operated pursuant to | 321 |
Chapter 339. of the Revised Code, a joint township hospital | 322 |
operated pursuant to Chapter 513. of the Revised Code, or a | 323 |
municipal hospital operated pursuant to Chapter 749. of the | 324 |
Revised Code, to consider trade secrets, as defined in section | 325 |
1333.61 of the Revised Code. | 326 |
If a public body holds an executive session to consider any | 327 |
of the matters listed in divisions (G)(2) to (7) of this section, | 328 |
the motion and vote to hold that executive session shall state | 329 |
which one or more of the approved matters listed in those | 330 |
divisions are to be considered at the executive session. | 331 |
A public body specified in division (B)(1)(c) of this section | 332 |
shall not hold an executive session when meeting for the purposes | 333 |
specified in that division. | 334 |
(H) A resolution, rule, or formal action of any kind is | 335 |
invalid unless adopted in an open meeting of the public body. A | 336 |
resolution, rule, or formal action adopted in an open meeting that | 337 |
results from deliberations in a meeting not open to the public is | 338 |
invalid unless the deliberations were for a purpose specifically | 339 |
authorized in division (G) or (J) of this section and conducted at | 340 |
an executive session held in compliance with this section. A | 341 |
resolution, rule, or formal action adopted in an open meeting is | 342 |
invalid if the public body that adopted the resolution, rule, or | 343 |
formal action violated division (F) of this section. | 344 |
(I)(1) Any person may bring an action to enforce this | 345 |
section. An action under division (I)(1) of this section shall be | 346 |
brought within two years after the date of the alleged violation | 347 |
or threatened violation. Upon proof of a violation or threatened | 348 |
violation of this section in an action brought by any person, the | 349 |
court of common pleas shall issue an injunction to compel the | 350 |
members of the public body to comply with its provisions. | 351 |
(2)(a) If the court of common pleas issues an injunction | 352 |
pursuant to division (I)(1) of this section, the court shall order | 353 |
the public body that it enjoins to pay a civil forfeiture of five | 354 |
hundred dollars to the party that sought the injunction and shall | 355 |
award to that party all court costs and, subject to reduction as | 356 |
described in division (I)(2) of this section, reasonable | 357 |
attorney's fees. The court, in its discretion, may reduce an award | 358 |
of attorney's fees to the party that sought the injunction or not | 359 |
award attorney's fees to that party if the court determines both | 360 |
of the following: | 361 |
(i) That, based on the ordinary application of statutory law | 362 |
and case law as it existed at the time of violation or threatened | 363 |
violation that was the basis of the injunction, a well-informed | 364 |
public body reasonably would believe that the public body was not | 365 |
violating or threatening to violate this section; | 366 |
(ii) That a well-informed public body reasonably would | 367 |
believe that the conduct or threatened conduct that was the basis | 368 |
of the injunction would serve the public policy that underlies the | 369 |
authority that is asserted as permitting that conduct or | 370 |
threatened conduct. | 371 |
(b) If the court of common pleas does not issue an injunction | 372 |
pursuant to division (I)(1) of this section and the court | 373 |
determines at that time that the bringing of the action was | 374 |
frivolous conduct, as defined in division (A) of section 2323.51 | 375 |
of the Revised Code, the court shall award to the public body all | 376 |
court costs and reasonable attorney's fees, as determined by the | 377 |
court. | 378 |
(3) Irreparable harm and prejudice to the party that sought | 379 |
the injunction shall be conclusively and irrebuttably presumed | 380 |
upon proof of a violation or threatened violation of this section. | 381 |
(4) A member of a public body who knowingly violates an | 382 |
injunction issued pursuant to division (I)(1) of this section may | 383 |
be removed from office by an action brought in the court of common | 384 |
pleas for that purpose by the prosecuting attorney or the attorney | 385 |
general. | 386 |
(J)(1) Pursuant to division (C) of section 5901.09 of the | 387 |
Revised Code, a veterans service commission shall hold an | 388 |
executive session for one or more of the following purposes unless | 389 |
an applicant requests a public hearing: | 390 |
(a) Interviewing an applicant for financial assistance under | 391 |
sections 5901.01 to 5901.15 of the Revised Code; | 392 |
(b) Discussing applications, statements, and other documents | 393 |
described in division (B) of section 5901.09 of the Revised Code; | 394 |
(c) Reviewing matters relating to an applicant's request for | 395 |
financial assistance under sections 5901.01 to 5901.15 of the | 396 |
Revised Code. | 397 |
(2) A veterans service commission shall not exclude an | 398 |
applicant for, recipient of, or former recipient of financial | 399 |
assistance under sections 5901.01 to 5901.15 of the Revised Code, | 400 |
and shall not exclude representatives selected by the applicant, | 401 |
recipient, or former recipient, from a meeting that the commission | 402 |
conducts as an executive session that pertains to the applicant's, | 403 |
recipient's, or former recipient's application for financial | 404 |
assistance. | 405 |
(3) A veterans service commission shall vote on the grant or | 406 |
denial of financial assistance under sections 5901.01 to 5901.15 | 407 |
of the Revised Code only in an open meeting of the commission. The | 408 |
minutes of the meeting shall indicate the name, address, and | 409 |
occupation of the applicant, whether the assistance was granted or | 410 |
denied, the amount of the assistance if assistance is granted, and | 411 |
the votes for and against the granting of assistance. | 412 |
(K) The meetings of the governing board of a corporation or | 413 |
other person that enters into a public-private partnership, as | 414 |
defined in division (G) of section 149.43 of the Revised Code, are | 415 |
public meetings subject to the requirements of this section, | 416 |
notwithstanding any other law to the contrary that may | 417 |
specifically apply to such a governing board. | 418 |
Sec. 121.41. As used in sections 121.41 to 121.50 of the | 419 |
Revised Code: | 420 |
(A) "Appropriate ethics commission" has the same meaning as | 421 |
in section 102.01 of the Revised Code. | 422 |
(B) "Appropriate licensing agency" means a public or private | 423 |
entity that is responsible for licensing, certifying, or | 424 |
registering persons who are engaged in a particular vocation. | 425 |
(C) "Person" has the same meaning as in section 1.59 of the | 426 |
Revised Code and also includes any officer or employee of the | 427 |
state or any political subdivision of the state. | 428 |
(D) "State agency" | 429 |
430 | |
established by the laws of the state for the exercise of any | 431 |
function of state government and includes the Ohio casino control | 432 |
commission and the nonprofit corporation formed under section | 433 |
187.01 of the Revised Code, a subsidiary of the corporation, or an | 434 |
entity that contracts to perform duties of the corporation, but | 435 |
does not include any of the following: | 436 |
(1) The general assembly; | 437 |
(2) Any court; | 438 |
(3) The secretary of state, auditor of state, treasurer of | 439 |
state, or attorney general and their respective offices. | 440 |
(E) "State employee" means any person who is an employee of a | 441 |
state agency | 442 |
443 | |
444 | |
445 |
(F) "State officer" means any person who is elected or | 446 |
appointed to a public office in a state agency. | 447 |
(G) "Wrongful act or omission" means an act or omission, | 448 |
committed in the course of office holding or employment, that is | 449 |
not in accordance with the requirements of law or such standards | 450 |
of proper governmental conduct as are commonly accepted in the | 451 |
community and thereby subverts, or tends to subvert, the process | 452 |
of government. | 453 |
Sec. 125.20. (A) Within one hundred eighty days after | 454 |
455 | |
administrative services shall establish an electronic site | 456 |
accessible through the internet to publish the following: | 457 |
(1) A database containing each state employee's gross pay | 458 |
from the most recent pay period. The database shall contain the | 459 |
name of the agency, position title, and employee name. For | 460 |
purposes of division (A)(1) of this section, "state employee" | 461 |
includes the officers and employees of the nonprofit corporation | 462 |
formed under section 187.01 of the Revised Code. | 463 |
(2) A database containing tax credits issued by the director | 464 |
of development services to business entities that shall contain | 465 |
the name under which the tax credit is known, the name of the | 466 |
entity receiving the credit, and the county in which the credit | 467 |
recipient's principal place of business in this state is located. | 468 |
(B) The director of administrative services may adopt rules | 469 |
governing the means by which information is submitted and | 470 |
databases are updated. | 471 |
Sec. 149.43. (A) As used in this section: | 472 |
(1) "Public record" means records kept by any public office, | 473 |
including, but not limited to, state, county, city, village, | 474 |
township, and school district units, and records pertaining to the | 475 |
delivery of educational services by an alternative school in this | 476 |
state kept by the nonprofit or for-profit entity operating the | 477 |
alternative school pursuant to section 3313.533 of the Revised | 478 |
Code. "Public record" does not mean any of the following: | 479 |
(a) Medical records; | 480 |
(b) Records pertaining to probation and parole proceedings or | 481 |
to proceedings related to the imposition of community control | 482 |
sanctions and post-release control sanctions; | 483 |
(c) Records pertaining to actions under section 2151.85 and | 484 |
division (C) of section 2919.121 of the Revised Code and to | 485 |
appeals of actions arising under those sections; | 486 |
(d) Records pertaining to adoption proceedings, including the | 487 |
contents of an adoption file maintained by the department of | 488 |
health under section 3705.12 of the Revised Code; | 489 |
(e) Information in a record contained in the putative father | 490 |
registry established by section 3107.062 of the Revised Code, | 491 |
regardless of whether the information is held by the department of | 492 |
job and family services or, pursuant to section 3111.69 of the | 493 |
Revised Code, the office of child support in the department or a | 494 |
child support enforcement agency; | 495 |
(f) Records listed in division (A) of section 3107.42 of the | 496 |
Revised Code or specified in division (A) of section 3107.52 of | 497 |
the Revised Code; | 498 |
(g) Trial preparation records; | 499 |
(h) Confidential law enforcement investigatory records; | 500 |
(i) Records containing information that is confidential under | 501 |
section 2710.03 or 4112.05 of the Revised Code; | 502 |
(j) DNA records stored in the DNA database pursuant to | 503 |
section 109.573 of the Revised Code; | 504 |
(k) Inmate records released by the department of | 505 |
rehabilitation and correction to the department of youth services | 506 |
or a court of record pursuant to division (E) of section 5120.21 | 507 |
of the Revised Code; | 508 |
(l) Records maintained by the department of youth services | 509 |
pertaining to children in its custody released by the department | 510 |
of youth services to the department of rehabilitation and | 511 |
correction pursuant to section 5139.05 of the Revised Code; | 512 |
(m) Intellectual property records; | 513 |
(n) Donor profile records; | 514 |
(o) Records maintained by the department of job and family | 515 |
services pursuant to section 3121.894 of the Revised Code; | 516 |
(p) Peace officer, parole officer, probation officer, | 517 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 518 |
correctional employee, community-based correctional facility | 519 |
employee, youth services employee, firefighter, EMT, or | 520 |
investigator of the bureau of criminal identification and | 521 |
investigation residential and familial information; | 522 |
(q) In the case of a county hospital operated pursuant to | 523 |
Chapter 339. of the Revised Code or a municipal hospital operated | 524 |
pursuant to Chapter 749. of the Revised Code, information that | 525 |
constitutes a trade secret, as defined in section 1333.61 of the | 526 |
Revised Code; | 527 |
(r) Information pertaining to the recreational activities of | 528 |
a person under the age of eighteen; | 529 |
(s) Records provided to, statements made by review board | 530 |
members during meetings of, and all work products of a child | 531 |
fatality review board acting under sections 307.621 to 307.629 of | 532 |
the Revised Code, and child fatality review data submitted by the | 533 |
child fatality review board to the department of health or a | 534 |
national child death review database, other than the report | 535 |
prepared pursuant to division (A) of section 307.626 of the | 536 |
Revised Code; | 537 |
(t) Records provided to and statements made by the executive | 538 |
director of a public children services agency or a prosecuting | 539 |
attorney acting pursuant to section 5153.171 of the Revised Code | 540 |
other than the information released under that section; | 541 |
(u) Test materials, examinations, or evaluation tools used in | 542 |
an examination for licensure as a nursing home administrator that | 543 |
the board of examiners of nursing home administrators administers | 544 |
under section 4751.04 of the Revised Code or contracts under that | 545 |
section with a private or government entity to administer; | 546 |
(v) Records the release of which is prohibited by state or | 547 |
federal law; | 548 |
(w) Proprietary information of or relating to any person that | 549 |
is submitted to or compiled by the Ohio venture capital authority | 550 |
created under section 150.01 of the Revised Code; | 551 |
(x) Information reported and evaluations conducted pursuant | 552 |
to section 3701.072 of the Revised Code; | 553 |
(y) Financial statements and data any person submits for any | 554 |
purpose to the Ohio housing finance agency or the controlling | 555 |
board in connection with applying for, receiving, or accounting | 556 |
for financial assistance from the agency, and information that | 557 |
identifies any individual who benefits directly or indirectly from | 558 |
financial assistance from the agency; | 559 |
(z) Records listed in section 5101.29 of the Revised Code; | 560 |
(aa) Discharges recorded with a county recorder under section | 561 |
317.24 of the Revised Code, as specified in division (B)(2) of | 562 |
that section; | 563 |
(bb) Usage information including names and addresses of | 564 |
specific residential and commercial customers of a municipally | 565 |
owned or operated public utility; | 566 |
(cc) Records described in division (C) of section 187.04 of | 567 |
the Revised Code that are not designated to be made available to | 568 |
the public as provided in that division. | 569 |
(2) "Confidential law enforcement investigatory record" means | 570 |
any record that pertains to a law enforcement matter of a | 571 |
criminal, quasi-criminal, civil, or administrative nature, but | 572 |
only to the extent that the release of the record would create a | 573 |
high probability of disclosure of any of the following: | 574 |
(a) The identity of a suspect who has not been charged with | 575 |
the offense to which the record pertains, or of an information | 576 |
source or witness to whom confidentiality has been reasonably | 577 |
promised; | 578 |
(b) Information provided by an information source or witness | 579 |
to whom confidentiality has been reasonably promised, which | 580 |
information would reasonably tend to disclose the source's or | 581 |
witness's identity; | 582 |
(c) Specific confidential investigatory techniques or | 583 |
procedures or specific investigatory work product; | 584 |
(d) Information that would endanger the life or physical | 585 |
safety of law enforcement personnel, a crime victim, a witness, or | 586 |
a confidential information source. | 587 |
(3) "Medical record" means any document or combination of | 588 |
documents, except births, deaths, and the fact of admission to or | 589 |
discharge from a hospital, that pertains to the medical history, | 590 |
diagnosis, prognosis, or medical condition of a patient and that | 591 |
is generated and maintained in the process of medical treatment. | 592 |
(4) "Trial preparation record" means any record that contains | 593 |
information that is specifically compiled in reasonable | 594 |
anticipation of, or in defense of, a civil or criminal action or | 595 |
proceeding, including the independent thought processes and | 596 |
personal trial preparation of an attorney. | 597 |
(5) "Intellectual property record" means a record, other than | 598 |
a financial or administrative record, that is produced or | 599 |
collected by or for faculty or staff of a state institution of | 600 |
higher learning in the conduct of or as a result of study or | 601 |
research on an educational, commercial, scientific, artistic, | 602 |
technical, or scholarly issue, regardless of whether the study or | 603 |
research was sponsored by the institution alone or in conjunction | 604 |
with a governmental body or private concern, and that has not been | 605 |
publicly released, published, or patented. | 606 |
(6) "Donor profile record" means all records about donors or | 607 |
potential donors to a public institution of higher education | 608 |
except the names and reported addresses of the actual donors and | 609 |
the date, amount, and conditions of the actual donation. | 610 |
(7) "Peace officer, parole officer, probation officer, | 611 |
bailiff, prosecuting attorney, assistant prosecuting attorney, | 612 |
correctional employee, community-based correctional facility | 613 |
employee, youth services employee, firefighter, EMT, or | 614 |
investigator of the bureau of criminal identification and | 615 |
investigation residential and familial information" means any | 616 |
information that discloses any of the following about a peace | 617 |
officer, parole officer, probation officer, bailiff, prosecuting | 618 |
attorney, assistant prosecuting attorney, correctional employee, | 619 |
community-based correctional facility employee, youth services | 620 |
employee, firefighter, EMT, or investigator of the bureau of | 621 |
criminal identification and investigation: | 622 |
(a) The address of the actual personal residence of a peace | 623 |
officer, parole officer, probation officer, bailiff, assistant | 624 |
prosecuting attorney, correctional employee, community-based | 625 |
correctional facility employee, youth services employee, | 626 |
firefighter, EMT, or an investigator of the bureau of criminal | 627 |
identification and investigation, except for the state or | 628 |
political subdivision in which the peace officer, parole officer, | 629 |
probation officer, bailiff, assistant prosecuting attorney, | 630 |
correctional employee, community-based correctional facility | 631 |
employee, youth services employee, firefighter, EMT, or | 632 |
investigator of the bureau of criminal identification and | 633 |
investigation resides; | 634 |
(b) Information compiled from referral to or participation in | 635 |
an employee assistance program; | 636 |
(c) The social security number, the residential telephone | 637 |
number, any bank account, debit card, charge card, or credit card | 638 |
number, or the emergency telephone number of, or any medical | 639 |
information pertaining to, a peace officer, parole officer, | 640 |
probation officer, bailiff, prosecuting attorney, assistant | 641 |
prosecuting attorney, correctional employee, community-based | 642 |
correctional facility employee, youth services employee, | 643 |
firefighter, EMT, or investigator of the bureau of criminal | 644 |
identification and investigation; | 645 |
(d) The name of any beneficiary of employment benefits, | 646 |
including, but not limited to, life insurance benefits, provided | 647 |
to a peace officer, parole officer, probation officer, bailiff, | 648 |
prosecuting attorney, assistant prosecuting attorney, correctional | 649 |
employee, community-based correctional facility employee, youth | 650 |
services employee, firefighter, EMT, or investigator of the bureau | 651 |
of criminal identification and investigation by the peace | 652 |
officer's, parole officer's, probation officer's, bailiff's, | 653 |
prosecuting attorney's, assistant prosecuting attorney's, | 654 |
correctional employee's, community-based correctional facility | 655 |
employee's, youth services employee's, firefighter's, EMT's, or | 656 |
investigator of the bureau of criminal identification and | 657 |
investigation's employer; | 658 |
(e) The identity and amount of any charitable or employment | 659 |
benefit deduction made by the peace officer's, parole officer's, | 660 |
probation officer's, bailiff's, prosecuting attorney's, assistant | 661 |
prosecuting attorney's, correctional employee's, community-based | 662 |
correctional facility employee's, youth services employee's, | 663 |
firefighter's, EMT's, or investigator of the bureau of criminal | 664 |
identification and investigation's employer from the peace | 665 |
officer's, parole officer's, probation officer's, bailiff's, | 666 |
prosecuting attorney's, assistant prosecuting attorney's, | 667 |
correctional employee's, community-based correctional facility | 668 |
employee's, youth services employee's, firefighter's, EMT's, or | 669 |
investigator of the bureau of criminal identification and | 670 |
investigation's compensation unless the amount of the deduction is | 671 |
required by state or federal law; | 672 |
(f) The name, the residential address, the name of the | 673 |
employer, the address of the employer, the social security number, | 674 |
the residential telephone number, any bank account, debit card, | 675 |
charge card, or credit card number, or the emergency telephone | 676 |
number of the spouse, a former spouse, or any child of a peace | 677 |
officer, parole officer, probation officer, bailiff, prosecuting | 678 |
attorney, assistant prosecuting attorney, correctional employee, | 679 |
community-based correctional facility employee, youth services | 680 |
employee, firefighter, EMT, or investigator of the bureau of | 681 |
criminal identification and investigation; | 682 |
(g) A photograph of a peace officer who holds a position or | 683 |
has an assignment that may include undercover or plain clothes | 684 |
positions or assignments as determined by the peace officer's | 685 |
appointing authority. | 686 |
As used in divisions (A)(7) and (B)(9) of this section, | 687 |
"peace officer" has the same meaning as in section 109.71 of the | 688 |
Revised Code and also includes the superintendent and troopers of | 689 |
the state highway patrol; it does not include the sheriff of a | 690 |
county or a supervisory employee who, in the absence of the | 691 |
sheriff, is authorized to stand in for, exercise the authority of, | 692 |
and perform the duties of the sheriff. | 693 |
As used in divisions (A)(7) and (B)(5) of this section, | 694 |
"correctional employee" means any employee of the department of | 695 |
rehabilitation and correction who in the course of performing the | 696 |
employee's job duties has or has had contact with inmates and | 697 |
persons under supervision. | 698 |
As used in divisions (A)(7) and (B)(5) of this section, | 699 |
"youth services employee" means any employee of the department of | 700 |
youth services who in the course of performing the employee's job | 701 |
duties has or has had contact with children committed to the | 702 |
custody of the department of youth services. | 703 |
As used in divisions (A)(7) and (B)(9) of this section, | 704 |
"firefighter" means any regular, paid or volunteer, member of a | 705 |
lawfully constituted fire department of a municipal corporation, | 706 |
township, fire district, or village. | 707 |
As used in divisions (A)(7) and (B)(9) of this section, "EMT" | 708 |
means EMTs-basic, EMTs-I, and paramedics that provide emergency | 709 |
medical services for a public emergency medical service | 710 |
organization. "Emergency medical service organization," | 711 |
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in | 712 |
section 4765.01 of the Revised Code. | 713 |
As used in divisions (A)(7) and (B)(9) of this section, | 714 |
"investigator of the bureau of criminal identification and | 715 |
investigation" has the meaning defined in section 2903.11 of the | 716 |
Revised Code. | 717 |
(8) "Information pertaining to the recreational activities of | 718 |
a person under the age of eighteen" means information that is kept | 719 |
in the ordinary course of business by a public office, that | 720 |
pertains to the recreational activities of a person under the age | 721 |
of eighteen years, and that discloses any of the following: | 722 |
(a) The address or telephone number of a person under the age | 723 |
of eighteen or the address or telephone number of that person's | 724 |
parent, guardian, custodian, or emergency contact person; | 725 |
(b) The social security number, birth date, or photographic | 726 |
image of a person under the age of eighteen; | 727 |
(c) Any medical record, history, or information pertaining to | 728 |
a person under the age of eighteen; | 729 |
(d) Any additional information sought or required about a | 730 |
person under the age of eighteen for the purpose of allowing that | 731 |
person to participate in any recreational activity conducted or | 732 |
sponsored by a public office or to use or obtain admission | 733 |
privileges to any recreational facility owned or operated by a | 734 |
public office. | 735 |
(9) "Community control sanction" has the same meaning as in | 736 |
section 2929.01 of the Revised Code. | 737 |
(10) "Post-release control sanction" has the same meaning as | 738 |
in section 2967.01 of the Revised Code. | 739 |
(11) "Redaction" means obscuring or deleting any information | 740 |
that is exempt from the duty to permit public inspection or | 741 |
copying from an item that otherwise meets the definition of a | 742 |
"record" in section 149.011 of the Revised Code. | 743 |
(12) "Designee" and "elected official" have the same meanings | 744 |
as in section 109.43 of the Revised Code. | 745 |
(B)(1) Upon request and subject to division (B)(8) of this | 746 |
section, all public records responsive to the request shall be | 747 |
promptly prepared and made available for inspection to any person | 748 |
at all reasonable times during regular business hours. Subject to | 749 |
division (B)(8) of this section, upon request, a public office or | 750 |
person responsible for public records shall make copies of the | 751 |
requested public record available at cost and within a reasonable | 752 |
period of time. If a public record contains information that is | 753 |
exempt from the duty to permit public inspection or to copy the | 754 |
public record, the public office or the person responsible for the | 755 |
public record shall make available all of the information within | 756 |
the public record that is not exempt. When making that public | 757 |
record available for public inspection or copying that public | 758 |
record, the public office or the person responsible for the public | 759 |
record shall notify the requester of any redaction or make the | 760 |
redaction plainly visible. A redaction shall be deemed a denial of | 761 |
a request to inspect or copy the redacted information, except if | 762 |
federal or state law authorizes or requires a public office to | 763 |
make the redaction. | 764 |
(2) To facilitate broader access to public records, a public | 765 |
office or the person responsible for public records shall organize | 766 |
and maintain public records in a manner that they can be made | 767 |
available for inspection or copying in accordance with division | 768 |
(B) of this section. A public office also shall have available a | 769 |
copy of its current records retention schedule at a location | 770 |
readily available to the public. If a requester makes an ambiguous | 771 |
or overly broad request or has difficulty in making a request for | 772 |
copies or inspection of public records under this section such | 773 |
that the public office or the person responsible for the requested | 774 |
public record cannot reasonably identify what public records are | 775 |
being requested, the public office or the person responsible for | 776 |
the requested public record may deny the request but shall provide | 777 |
the requester with an opportunity to revise the request by | 778 |
informing the requester of the manner in which records are | 779 |
maintained by the public office and accessed in the ordinary | 780 |
course of the public office's or person's duties. | 781 |
(3) If a request is ultimately denied, in part or in whole, | 782 |
the public office or the person responsible for the requested | 783 |
public record shall provide the requester with an explanation, | 784 |
including legal authority, setting forth why the request was | 785 |
denied. If the initial request was provided in writing, the | 786 |
explanation also shall be provided to the requester in writing. | 787 |
The explanation shall not preclude the public office or the person | 788 |
responsible for the requested public record from relying upon | 789 |
additional reasons or legal authority in defending an action | 790 |
commenced under division (C) of this section. | 791 |
(4) Unless specifically required or authorized by state or | 792 |
federal law or in accordance with division (B) of this section, no | 793 |
public office or person responsible for public records may limit | 794 |
or condition the availability of public records by requiring | 795 |
disclosure of the requester's identity or the intended use of the | 796 |
requested public record. Any requirement that the requester | 797 |
disclose the requestor's identity or the intended use of the | 798 |
requested public record constitutes a denial of the request. | 799 |
(5) A public office or person responsible for public records | 800 |
may ask a requester to make the request in writing, may ask for | 801 |
the requester's identity, and may inquire about the intended use | 802 |
of the information requested, but may do so only after disclosing | 803 |
to the requester that a written request is not mandatory and that | 804 |
the requester may decline to reveal the requester's identity or | 805 |
the intended use and when a written request or disclosure of the | 806 |
identity or intended use would benefit the requester by enhancing | 807 |
the ability of the public office or person responsible for public | 808 |
records to identify, locate, or deliver the public records sought | 809 |
by the requester. | 810 |
(6) If any person chooses to obtain a copy of a public record | 811 |
in accordance with division (B) of this section, the public office | 812 |
or person responsible for the public record may require that | 813 |
person to pay in advance the cost involved in providing the copy | 814 |
of the public record in accordance with the choice made by the | 815 |
person seeking the copy under this division. The public office or | 816 |
the person responsible for the public record shall permit that | 817 |
person to choose to have the public record duplicated upon paper, | 818 |
upon the same medium upon which the public office or person | 819 |
responsible for the public record keeps it, or upon any other | 820 |
medium upon which the public office or person responsible for the | 821 |
public record determines that it reasonably can be duplicated as | 822 |
an integral part of the normal operations of the public office or | 823 |
person responsible for the public record. When the person seeking | 824 |
the copy makes a choice under this division, the public office or | 825 |
person responsible for the public record shall provide a copy of | 826 |
it in accordance with the choice made by the person seeking the | 827 |
copy. Nothing in this section requires a public office or person | 828 |
responsible for the public record to allow the person seeking a | 829 |
copy of the public record to make the copies of the public record. | 830 |
(7) Upon a request made in accordance with division (B) of | 831 |
this section and subject to division (B)(6) of this section, a | 832 |
public office or person responsible for public records shall | 833 |
transmit a copy of a public record to any person by United States | 834 |
mail or by any other means of delivery or transmission within a | 835 |
reasonable period of time after receiving the request for the | 836 |
copy. The public office or person responsible for the public | 837 |
record may require the person making the request to pay in advance | 838 |
the cost of postage if the copy is transmitted by United States | 839 |
mail or the cost of delivery if the copy is transmitted other than | 840 |
by United States mail, and to pay in advance the costs incurred | 841 |
for other supplies used in the mailing, delivery, or transmission. | 842 |
Any public office may adopt a policy and procedures that it | 843 |
will follow in transmitting, within a reasonable period of time | 844 |
after receiving a request, copies of public records by United | 845 |
States mail or by any other means of delivery or transmission | 846 |
pursuant to this division. A public office that adopts a policy | 847 |
and procedures under this division shall comply with them in | 848 |
performing its duties under this division. | 849 |
In any policy and procedures adopted under this division, a | 850 |
public office may limit the number of records requested by a | 851 |
person that the office will transmit by United States mail to ten | 852 |
per month, unless the person certifies to the office in writing | 853 |
that the person does not intend to use or forward the requested | 854 |
records, or the information contained in them, for commercial | 855 |
purposes. For purposes of this division, "commercial" shall be | 856 |
narrowly construed and does not include reporting or gathering | 857 |
news, reporting or gathering information to assist citizen | 858 |
oversight or understanding of the operation or activities of | 859 |
government, or nonprofit educational research. | 860 |
(8) A public office or person responsible for public records | 861 |
is not required to permit a person who is incarcerated pursuant to | 862 |
a criminal conviction or a juvenile adjudication to inspect or to | 863 |
obtain a copy of any public record concerning a criminal | 864 |
investigation or prosecution or concerning what would be a | 865 |
criminal investigation or prosecution if the subject of the | 866 |
investigation or prosecution were an adult, unless the request to | 867 |
inspect or to obtain a copy of the record is for the purpose of | 868 |
acquiring information that is subject to release as a public | 869 |
record under this section and the judge who imposed the sentence | 870 |
or made the adjudication with respect to the person, or the | 871 |
judge's successor in office, finds that the information sought in | 872 |
the public record is necessary to support what appears to be a | 873 |
justiciable claim of the person. | 874 |
(9)(a) Upon written request made and signed by a journalist | 875 |
on or after December 16, 1999, a public office, or person | 876 |
responsible for public records, having custody of the records of | 877 |
the agency employing a specified peace officer, parole officer, | 878 |
probation officer, bailiff, prosecuting attorney, assistant | 879 |
prosecuting attorney, correctional employee, community-based | 880 |
correctional facility employee, youth services employee, | 881 |
firefighter, EMT, or investigator of the bureau of criminal | 882 |
identification and investigation shall disclose to the journalist | 883 |
the address of the actual personal residence of the peace officer, | 884 |
parole officer, probation officer, bailiff, prosecuting attorney, | 885 |
assistant prosecuting attorney, correctional employee, | 886 |
community-based correctional facility employee, youth services | 887 |
employee, firefighter, EMT, or investigator of the bureau of | 888 |
criminal identification and investigation and, if the peace | 889 |
officer's, parole officer's, probation officer's, bailiff's, | 890 |
prosecuting attorney's, assistant prosecuting attorney's, | 891 |
correctional employee's, community-based correctional facility | 892 |
employee's, youth services employee's, firefighter's, EMT's, or | 893 |
investigator of the bureau of criminal identification and | 894 |
investigation's spouse, former spouse, or child is employed by a | 895 |
public office, the name and address of the employer of the peace | 896 |
officer's, parole officer's, probation officer's, bailiff's, | 897 |
prosecuting attorney's, assistant prosecuting attorney's, | 898 |
correctional employee's, community-based correctional facility | 899 |
employee's, youth services employee's, firefighter's, EMT's, or | 900 |
investigator of the bureau of criminal identification and | 901 |
investigation's spouse, former spouse, or child. The request shall | 902 |
include the journalist's name and title and the name and address | 903 |
of the journalist's employer and shall state that disclosure of | 904 |
the information sought would be in the public interest. | 905 |
(b) Division (B)(9)(a) of this section also applies to | 906 |
journalist requests for customer information maintained by a | 907 |
municipally owned or operated public utility, other than social | 908 |
security numbers and any private financial information such as | 909 |
credit reports, payment methods, credit card numbers, and bank | 910 |
account information. | 911 |
(c) As used in division (B)(9) of this section, "journalist" | 912 |
means a person engaged in, connected with, or employed by any news | 913 |
medium, including a newspaper, magazine, press association, news | 914 |
agency, or wire service, a radio or television station, or a | 915 |
similar medium, for the purpose of gathering, processing, | 916 |
transmitting, compiling, editing, or disseminating information for | 917 |
the general public. | 918 |
(C)(1) If a person allegedly is aggrieved by the failure of a | 919 |
public office or the person responsible for public records to | 920 |
promptly prepare a public record and to make it available to the | 921 |
person for inspection in accordance with division (B) of this | 922 |
section or by any other failure of a public office or the person | 923 |
responsible for public records to comply with an obligation in | 924 |
accordance with division (B) of this section, the person allegedly | 925 |
aggrieved may commence a mandamus action to obtain a judgment that | 926 |
orders the public office or the person responsible for the public | 927 |
record to comply with division (B) of this section, that awards | 928 |
court costs and reasonable attorney's fees to the person that | 929 |
instituted the mandamus action, and, if applicable, that includes | 930 |
an order fixing statutory damages under division (C)(1) of this | 931 |
section. The mandamus action may be commenced in the court of | 932 |
common pleas of the county in which division (B) of this section | 933 |
allegedly was not complied with, in the supreme court pursuant to | 934 |
its original jurisdiction under Section 2 of Article IV, Ohio | 935 |
Constitution, or in the court of appeals for the appellate | 936 |
district in which division (B) of this section allegedly was not | 937 |
complied with pursuant to its original jurisdiction under Section | 938 |
3 of Article IV, Ohio Constitution. | 939 |
If a requestor transmits a written request by hand delivery | 940 |
or certified mail to inspect or receive copies of any public | 941 |
record in a manner that fairly describes the public record or | 942 |
class of public records to the public office or person responsible | 943 |
for the requested public records, except as otherwise provided in | 944 |
this section, the requestor shall be entitled to recover the | 945 |
amount of statutory damages set forth in this division if a court | 946 |
determines that the public office or the person responsible for | 947 |
public records failed to comply with an obligation in accordance | 948 |
with division (B) of this section. | 949 |
The amount of statutory damages shall be fixed at one hundred | 950 |
dollars for each business day during which the public office or | 951 |
person responsible for the requested public records failed to | 952 |
comply with an obligation in accordance with division (B) of this | 953 |
section, beginning with the day on which the requester files a | 954 |
mandamus action to recover statutory damages, up to a maximum of | 955 |
one thousand dollars. The award of statutory damages shall not be | 956 |
construed as a penalty, but as compensation for injury arising | 957 |
from lost use of the requested information. The existence of this | 958 |
injury shall be conclusively presumed. The award of statutory | 959 |
damages shall be in addition to all other remedies authorized by | 960 |
this section. | 961 |
The court may reduce an award of statutory damages or not | 962 |
award statutory damages if the court determines both of the | 963 |
following: | 964 |
(a) That, based on the ordinary application of statutory law | 965 |
and case law as it existed at the time of the conduct or | 966 |
threatened conduct of the public office or person responsible for | 967 |
the requested public records that allegedly constitutes a failure | 968 |
to comply with an obligation in accordance with division (B) of | 969 |
this section and that was the basis of the mandamus action, a | 970 |
well-informed public office or person responsible for the | 971 |
requested public records reasonably would believe that the conduct | 972 |
or threatened conduct of the public office or person responsible | 973 |
for the requested public records did not constitute a failure to | 974 |
comply with an obligation in accordance with division (B) of this | 975 |
section; | 976 |
(b) That a well-informed public office or person responsible | 977 |
for the requested public records reasonably would believe that the | 978 |
conduct or threatened conduct of the public office or person | 979 |
responsible for the requested public records would serve the | 980 |
public policy that underlies the authority that is asserted as | 981 |
permitting that conduct or threatened conduct. | 982 |
(2)(a) If the court issues a writ of mandamus that orders the | 983 |
public office or the person responsible for the public record to | 984 |
comply with division (B) of this section and determines that the | 985 |
circumstances described in division (C)(1) of this section exist, | 986 |
the court shall determine and award to the relator all court | 987 |
costs. | 988 |
(b) If the court renders a judgment that orders the public | 989 |
office or the person responsible for the public record to comply | 990 |
with division (B) of this section, the court may award reasonable | 991 |
attorney's fees subject to reduction as described in division | 992 |
(C)(2)(c) of this section. The court shall award reasonable | 993 |
attorney's fees, subject to reduction as described in division | 994 |
(C)(2)(c) of this section when either of the following applies: | 995 |
(i) The public office or the person responsible for the | 996 |
public records failed to respond affirmatively or negatively to | 997 |
the public records request in accordance with the time allowed | 998 |
under division (B) of this section. | 999 |
(ii) The public office or the person responsible for the | 1000 |
public records promised to permit the relator to inspect or | 1001 |
receive copies of the public records requested within a specified | 1002 |
period of time but failed to fulfill that promise within that | 1003 |
specified period of time. | 1004 |
(c) Court costs and reasonable attorney's fees awarded under | 1005 |
this section shall be construed as remedial and not punitive. | 1006 |
Reasonable attorney's fees shall include reasonable fees incurred | 1007 |
to produce proof of the reasonableness and amount of the fees and | 1008 |
to otherwise litigate entitlement to the fees. The court may | 1009 |
reduce an award of attorney's fees to the relator or not award | 1010 |
attorney's fees to the relator if the court determines both of the | 1011 |
following: | 1012 |
(i) That, based on the ordinary application of statutory law | 1013 |
and case law as it existed at the time of the conduct or | 1014 |
threatened conduct of the public office or person responsible for | 1015 |
the requested public records that allegedly constitutes a failure | 1016 |
to comply with an obligation in accordance with division (B) of | 1017 |
this section and that was the basis of the mandamus action, a | 1018 |
well-informed public office or person responsible for the | 1019 |
requested public records reasonably would believe that the conduct | 1020 |
or threatened conduct of the public office or person responsible | 1021 |
for the requested public records did not constitute a failure to | 1022 |
comply with an obligation in accordance with division (B) of this | 1023 |
section; | 1024 |
(ii) That a well-informed public office or person responsible | 1025 |
for the requested public records reasonably would believe that the | 1026 |
conduct or threatened conduct of the public office or person | 1027 |
responsible for the requested public records as described in | 1028 |
division (C)(2)(c)(i) of this section would serve the public | 1029 |
policy that underlies the authority that is asserted as permitting | 1030 |
that conduct or threatened conduct. | 1031 |
(D) Chapter 1347. of the Revised Code does not limit the | 1032 |
provisions of this section. | 1033 |
(E)(1) To ensure that all employees of public offices are | 1034 |
appropriately educated about a public office's obligations under | 1035 |
division (B) of this section, all elected officials or their | 1036 |
appropriate designees shall attend training approved by the | 1037 |
attorney general as provided in section 109.43 of the Revised | 1038 |
Code. In addition, all public offices shall adopt a public records | 1039 |
policy in compliance with this section for responding to public | 1040 |
records requests. In adopting a public records policy under this | 1041 |
division, a public office may obtain guidance from the model | 1042 |
public records policy developed and provided to the public office | 1043 |
by the attorney general under section 109.43 of the Revised Code. | 1044 |
Except as otherwise provided in this section, the policy may not | 1045 |
limit the number of public records that the public office will | 1046 |
make available to a single person, may not limit the number of | 1047 |
public records that it will make available during a fixed period | 1048 |
of time, and may not establish a fixed period of time before it | 1049 |
will respond to a request for inspection or copying of public | 1050 |
records, unless that period is less than eight hours. | 1051 |
(2) The public office shall distribute the public records | 1052 |
policy adopted by the public office under division (E)(1) of this | 1053 |
section to the employee of the public office who is the records | 1054 |
custodian or records manager or otherwise has custody of the | 1055 |
records of that office. The public office shall require that | 1056 |
employee to acknowledge receipt of the copy of the public records | 1057 |
policy. The public office shall create a poster that describes its | 1058 |
public records policy and shall post the poster in a conspicuous | 1059 |
place in the public office and in all locations where the public | 1060 |
office has branch offices. The public office may post its public | 1061 |
records policy on the internet web site of the public office if | 1062 |
the public office maintains an internet web site. A public office | 1063 |
that has established a manual or handbook of its general policies | 1064 |
and procedures for all employees of the public office shall | 1065 |
include the public records policy of the public office in the | 1066 |
manual or handbook. | 1067 |
(F)(1) The bureau of motor vehicles may adopt rules pursuant | 1068 |
to Chapter 119. of the Revised Code to reasonably limit the number | 1069 |
of bulk commercial special extraction requests made by a person | 1070 |
for the same records or for updated records during a calendar | 1071 |
year. The rules may include provisions for charges to be made for | 1072 |
bulk commercial special extraction requests for the actual cost of | 1073 |
the bureau, plus special extraction costs, plus ten per cent. The | 1074 |
bureau may charge for expenses for redacting information, the | 1075 |
release of which is prohibited by law. | 1076 |
(2) As used in division (F)(1) of this section: | 1077 |
(a) "Actual cost" means the cost of depleted supplies, | 1078 |
records storage media costs, actual mailing and alternative | 1079 |
delivery costs, or other transmitting costs, and any direct | 1080 |
equipment operating and maintenance costs, including actual costs | 1081 |
paid to private contractors for copying services. | 1082 |
(b) "Bulk commercial special extraction request" means a | 1083 |
request for copies of a record for information in a format other | 1084 |
than the format already available, or information that cannot be | 1085 |
extracted without examination of all items in a records series, | 1086 |
class of records, or | 1087 |
use or forward the copies for surveys, marketing, solicitation, or | 1088 |
resale for commercial purposes. "Bulk commercial special | 1089 |
extraction request" does not include a request by a person who | 1090 |
gives assurance to the bureau that the person making the request | 1091 |
does not intend to use or forward the requested copies for | 1092 |
surveys, marketing, solicitation, or resale for commercial | 1093 |
purposes. | 1094 |
(c) "Commercial" means profit-seeking production, buying, or | 1095 |
selling of any good, service, or other product. | 1096 |
(d) "Special extraction costs" means the cost of the time | 1097 |
spent by the lowest paid employee competent to perform the task, | 1098 |
the actual amount paid to outside private contractors employed by | 1099 |
the bureau, or the actual cost incurred to create computer | 1100 |
programs to make the special extraction. "Special extraction | 1101 |
costs" include any charges paid to a public agency for computer or | 1102 |
records services. | 1103 |
(3) For purposes of divisions (F)(1) and (2) of this section, | 1104 |
"surveys, marketing, solicitation, or resale for commercial | 1105 |
purposes" shall be narrowly construed and does not include | 1106 |
reporting or gathering news, reporting or gathering information to | 1107 |
assist citizen oversight or understanding of the operation or | 1108 |
activities of government, or nonprofit educational research. | 1109 |
(G) Records of a corporation or other person that enters into | 1110 |
a public-private partnership shall be public records for the | 1111 |
purposes of this section, notwithstanding any other law to the | 1112 |
contrary that may specifically apply to such a corporation or | 1113 |
person. For the purpose of this division, "public-private | 1114 |
partnership" means a contractual relationship between a state | 1115 |
agency and a corporation or other person for the purpose of the | 1116 |
corporation or person assisting the agency in the exercise of any | 1117 |
or all of the powers, functions, or duties of the agency, | 1118 |
including the operation and management of the agency's programs, | 1119 |
offices, divisions, or boards. | 1120 |
Sec. 187.03. (A) JobsOhio may perform such functions as | 1121 |
permitted and shall perform such duties as prescribed by law and | 1122 |
as set forth in any contract entered into under section 187.04 of | 1123 |
the Revised Code, but shall not be considered a state or public | 1124 |
department, agency, office, body, institution, or instrumentality | 1125 |
for purposes of section 1.60 | 1126 |
149., or Chapter 121., with the exception of sections 121.41 to | 1127 |
121.50, of the Revised Code. JobsOhio and its board of directors | 1128 |
are not subject to the following sections of Chapter 1702. of the | 1129 |
Revised Code: sections 1702.03, 1702.08, 1702.09, 1702.21, | 1130 |
1702.24, 1702.26, 1702.27, 1702.28, 1702.29, 1702.301, 1702.33, | 1131 |
1702.34, 1702.37, 1702.38, 1702.40 to 1702.52, 1702.521, 1702.54, | 1132 |
1702.57, 1702.58, 1702.59, 1702.60, 1702.80, and 1702.99. Nothing | 1133 |
in this division shall be construed to impair the powers and | 1134 |
duties of the Ohio ethics commission described in section 102.06 | 1135 |
of the Revised Code to investigate and enforce section 102.02 of | 1136 |
the Revised Code with regard to individuals required to file | 1137 |
statements under division (B)(2) of this section. | 1138 |
(B)(1) | 1139 |
102.01 of the Revised Code, directors and employees of JobsOhio | 1140 |
are not employees or officials of the state, and | 1141 |
1142 | |
Chapter | 1143 |
(2) The chief investment officer, any other officer or | 1144 |
employee with significant administrative, supervisory, | 1145 |
contracting, or investment authority, and any director of JobsOhio | 1146 |
shall file, with the Ohio ethics commission, a financial | 1147 |
disclosure statement pursuant to section 102.02 of the Revised | 1148 |
Code that includes, in place of the information required by | 1149 |
divisions (A)(2), (7), (8), and (9) of that section, the | 1150 |
information required by divisions (A) and (B) of section 102.022 | 1151 |
of the Revised Code. The governor shall comply with all applicable | 1152 |
requirements of section 102.02 of the Revised Code. | 1153 |
(3) Actual or in-kind expenditures for the travel, meals, or | 1154 |
lodging of the governor or of any public official or employee | 1155 |
designated by the governor for the purpose of this division shall | 1156 |
not be considered a violation of section 102.03 of the Revised | 1157 |
Code if the expenditures are made by the corporation, or on behalf | 1158 |
of the corporation by any person, in connection with the | 1159 |
governor's performance of official duties related to JobsOhio. The | 1160 |
governor may designate any person, including a person who is a | 1161 |
public official or employee as defined in section 102.01 of the | 1162 |
Revised Code, for the purpose of this division if such | 1163 |
expenditures are made on behalf of the person in connection with | 1164 |
the governor's performance of official duties related to JobsOhio. | 1165 |
A public official or employee so designated by the governor shall | 1166 |
comply with all applicable requirements of section 102.02 of the | 1167 |
Revised Code. | 1168 |
At the times and frequency agreed to under division (B)(2)(b) | 1169 |
of section 187.04 of the Revised Code, beginning in 2012, the | 1170 |
corporation shall file with the development services agency a | 1171 |
written report of all such expenditures paid or incurred during | 1172 |
the preceding calendar year. The report shall state the dollar | 1173 |
value and purpose of each expenditure, the date of each | 1174 |
expenditure, the name of the person that paid or incurred each | 1175 |
expenditure, and the location, if any, where services or benefits | 1176 |
of an expenditure were received, provided that any such | 1177 |
information that may disclose proprietary information as defined | 1178 |
in division (C) of this section shall not be included in the | 1179 |
report. | 1180 |
(4) The prohibition applicable to former public officials or | 1181 |
employees in division (A)(1) of section 102.03 of the Revised Code | 1182 |
does not apply to any person appointed to be a director or hired | 1183 |
as an employee of JobsOhio. | 1184 |
(5) Notwithstanding division (A)(2) of section 145.01 of the | 1185 |
Revised Code, any person who is a former state employee shall no | 1186 |
longer be considered a public employee for purposes of Chapter | 1187 |
145. of the Revised Code upon commencement of employment with | 1188 |
JobsOhio. | 1189 |
(6) Any director, officer, or employee of JobsOhio may | 1190 |
request an advisory opinion from the Ohio ethics commission with | 1191 |
regard to questions concerning the provisions of sections 102.02 | 1192 |
and 102.022 of the Revised Code to which the person is subject. | 1193 |
(C) Meetings of the board of directors at which a quorum of | 1194 |
the board is required to be physically present pursuant to | 1195 |
division (F) of section 187.01 of the Revised Code shall be open | 1196 |
to the public except, by a majority vote of the directors present | 1197 |
at the meeting, such a meeting may be closed to the public only | 1198 |
for one or more of the following purposes: | 1199 |
(1) To consider business strategy of the corporation; | 1200 |
(2) To consider proprietary information belonging to | 1201 |
potential applicants or potential recipients of business | 1202 |
recruitment, retention, or creation incentives. For the purposes | 1203 |
of this division, "proprietary information" means marketing plans, | 1204 |
specific business strategy, production techniques and trade | 1205 |
secrets, financial projections, or personal financial statements | 1206 |
of applicants or members of the applicants' immediate family, | 1207 |
including, but not limited to, tax records or other similar | 1208 |
information not open to the public inspection. | 1209 |
(3) To consider legal matters, including litigation, in which | 1210 |
the corporation is or may be involved; | 1211 |
(4) To consider personnel matters related to an individual | 1212 |
employee of the corporation. | 1213 |
(D) The board of directors shall establish a reasonable | 1214 |
method whereby any person may obtain the time and place of all | 1215 |
public meetings described in division (C) of this section. The | 1216 |
method shall provide that any person, upon request and payment of | 1217 |
a reasonable fee, may obtain reasonable advance notification of | 1218 |
all such meetings. | 1219 |
(E) The board of directors shall promptly prepare, file, and | 1220 |
maintain minutes of all public meetings described in division (C) | 1221 |
of this section. | 1222 |
(F) Not later than March 1, 2012, and the first day of March | 1223 |
of each year thereafter, the chief investment officer of JobsOhio | 1224 |
shall prepare and submit a report of the corporation's activities | 1225 |
for the preceding year to the governor, the speaker and minority | 1226 |
leader of the house of representatives, and the president and | 1227 |
minority leader of the senate. The annual report shall include the | 1228 |
following: | 1229 |
(1) An analysis of the state's economy; | 1230 |
(2) A description of the structure, operation, and financial | 1231 |
status of the corporation; | 1232 |
(3) A description of the corporation's strategy to improve | 1233 |
the state economy and the standards of measure used to evaluate | 1234 |
its progress; | 1235 |
(4) An evaluation of the performance of current strategies | 1236 |
and major initiatives; | 1237 |
(5) An analysis of any statutory or administrative barriers | 1238 |
to successful economic development, business recruitment, and job | 1239 |
growth in the state identified by JobsOhio during the preceding | 1240 |
year. | 1241 |
Sec. 187.14. Any person that contracts with JobsOhio or any | 1242 |
of its subsidiaries to provide goods or services shall not be | 1243 |
eligible to receive any financial or other economic assistance | 1244 |
from JobsOhio. | 1245 |
Sec. 187.15. (A) JobsOhio and its subsidiaries are public | 1246 |
offices for purposes of Chapter 117. of the Revised Code and shall | 1247 |
submit to audits by the auditor of state in accordance with that | 1248 |
chapter. | 1249 |
(B) JobsOhio and its subsidiaries, and any nonprofit economic | 1250 |
development corporation that receives or distributes public funds | 1251 |
during the corporation's fiscal year pursuant to a contract | 1252 |
entered into with JobsOhio or any of its subsidiaries, each shall | 1253 |
prepare an annual financial report that provides a full accounting | 1254 |
of all public and private funds the corporation received or | 1255 |
distributed during that fiscal year. The corporation shall submit | 1256 |
the report to the speaker and minority leader of the house of | 1257 |
representatives, the president and minority leader of the senate, | 1258 |
and the legislative service commission within sixty days after the | 1259 |
last day of the corporation's fiscal year, and shall make the | 1260 |
report available to the public upon request. The report shall be | 1261 |
prepared according to generally accepted accounting principles and | 1262 |
be certified by the board of directors or chief fiscal officer of | 1263 |
the corporation. | 1264 |
Sec. 187.16. (A) The director of development services shall | 1265 |
establish and maintain an official internet web site regarding the | 1266 |
operation of JobsOhio as provided in this section. The web site | 1267 |
shall be searchable and easily accessible by the public. | 1268 |
(B) All of the following information shall be posted on the | 1269 |
web site with respect to each project for which financial | 1270 |
assistance is awarded by JobsOhio: | 1271 |
(1) A brief description of the project; | 1272 |
(2) The name of the entity that is the recipient of the | 1273 |
assistance; | 1274 |
(3) The total amount of assistance awarded; | 1275 |
(4) The intended and actual use of the assistance; | 1276 |
(5) The intended and actual benefits of the assistance, | 1277 |
including the number of new jobs and retained jobs anticipated. | 1278 |
(C) The web site shall allow for the reporting of suspected | 1279 |
fraud related to the operation of JobsOhio or suspected waste or | 1280 |
abuse of financial assistance provided by JobsOhio. | 1281 |
(D) Officers and employees of JobsOhio shall comply with all | 1282 |
requests from the development services agency to provide any | 1283 |
information the agency requires for purposes of the web site. | 1284 |
Sec. 187.17. The director of development services shall, in | 1285 |
accordance with Chapter 119. of the Revised Code, adopt rules | 1286 |
establishing performance measures to assess the functions and | 1287 |
efficiency of JobsOhio. The rules shall specify the relevant data | 1288 |
needed to measure the performance of the activities of JobsOhio in | 1289 |
meeting its goals and objectives. These performance measures shall | 1290 |
be applied consistently over each reporting period. An officer of | 1291 |
JobsOhio shall publicly present to the controlling board, on a | 1292 |
quarterly and annual basis, the latest findings as to the outcomes | 1293 |
and efficiency of JobsOhio. | 1294 |
Sec. 4113.51. As used in sections 4113.51 to 4113.53 of the | 1295 |
Revised Code: | 1296 |
(A) "Employee" means any person who performs a service for | 1297 |
wages or other remuneration for an employer. | 1298 |
(B) "Employer" means any person who has one or more | 1299 |
employees. "Employer" includes an agent of an employer, the state | 1300 |
or any agency or instrumentality of the state, and any municipal | 1301 |
corporation, county, township, school district, or other political | 1302 |
subdivision or any agency or instrumentality thereof. "Employer" | 1303 |
also includes the nonprofit corporation formed under section | 1304 |
187.01 of the Revised Code, a subsidiary of the corporation, or an | 1305 |
entity that contracts to perform the duties of the corporation. | 1306 |
(C) "Person" has the same meaning as in section 1.59 of the | 1307 |
Revised Code and also includes a public agency or any other legal | 1308 |
entity. | 1309 |
(D) "Peace officer" has the same meaning as in section | 1310 |
2935.01 of the Revised Code. | 1311 |
(E) "Political subdivision" has the same meaning as in | 1312 |
division (F) of section 2744.01 of the Revised Code. | 1313 |
(F) "Prosecuting authority" means the prosecuting attorney of | 1314 |
a county or the director of law, village solicitor, or similar | 1315 |
chief legal officer of a municipal corporation. | 1316 |
(G) "Inspector general" means the inspector general appointed | 1317 |
under section 121.48 of the Revised Code. | 1318 |
Section 2. That existing sections 102.01, 117.01, 121.22, | 1319 |
121.41, 125.20, 149.43, 187.03, and 4113.51 of the Revised Code | 1320 |
are hereby repealed. | 1321 |
Section 3. Section 149.43 of the Revised Code is presented | 1322 |
in this act as a composite of the section as amended by both Am. | 1323 |
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly. | 1324 |
The General Assembly, applying the principle stated in division | 1325 |
(B) of section 1.52 of the Revised Code that amendments are to be | 1326 |
harmonized if reasonably capable of simultaneous operation, finds | 1327 |
that the composite is the resulting version of the section in | 1328 |
effect prior to the effective date of the section as presented in | 1329 |
this act. | 1330 |