Sec. 102.02. (A) Except as otherwise provided in division | 8 |
(H) of this section, all of the following shall file with the | 9 |
appropriate ethics commission the disclosure statement described | 10 |
in this division on a form prescribed by the appropriate | 11 |
commission: every person who is elected to or is a candidate for a | 12 |
state, county, or city office and every person who is appointed to | 13 |
fill a vacancy for an unexpired term in such an elective office; | 14 |
all members of the state board of education; the director, | 15 |
assistant directors, deputy directors, division chiefs, or persons | 16 |
of equivalent rank of any administrative department of the state; | 17 |
the president or other chief administrative officer of every state | 18 |
institution of higher education as defined in section 3345.011 of | 19 |
the Revised Code; the executive director and the members of the | 20 |
capitol square review and advisory board appointed or employed | 21 |
pursuant to section 105.41 of the Revised Code; all members of the | 22 |
Ohio casino control commission, the executive director of the | 23 |
commission, all professional employees of the commission, and all | 24 |
technical employees of the commission who perform an internal | 25 |
audit function; the individuals set forth in division (B)(2) of | 26 |
section 187.03 of the Revised Code; the chief executive officer | 27 |
and the members of the board of each state retirement system; each | 28 |
employee of a state retirement board who is a state retirement | 29 |
system investment officer licensed pursuant to section 1707.163 of | 30 |
the Revised Code; the members of the Ohio retirement study council | 31 |
appointed pursuant to division (C) of section 171.01 of the | 32 |
Revised Code; employees of the Ohio retirement study council, | 33 |
other than employees who perform purely administrative or clerical | 34 |
functions; the administrator of workers' compensation and each | 35 |
member of the bureau of workers' compensation board of directors; | 36 |
the bureau of workers' compensation director of investments; the | 37 |
chief investment officer of the bureau of workers' compensation; | 38 |
all members of the board of commissioners on grievances and | 39 |
discipline of the supreme court and the ethics commission created | 40 |
under section 102.05 of the Revised Code; every business manager, | 41 |
treasurer, or superintendent of a city, local, exempted village, | 42 |
joint vocational, or cooperative education school district or an | 43 |
educational service center; every person who is elected to or is a | 44 |
candidate for the office of member of a board of education of a | 45 |
city, local, exempted village, joint vocational, or cooperative | 46 |
education school district or of a governing board of an | 47 |
educational service center that has a total student count of | 48 |
twelve thousand or more as most recently determined by the | 49 |
department of education pursuant to section 3317.03 of the Revised | 50 |
Code; every person who is appointed to the board of education of a | 51 |
municipal school district pursuant to division (B) or (F) of | 52 |
section 3311.71 of the Revised Code; all members of the board of | 53 |
directors of a sanitary district that is established under Chapter | 54 |
6115. of the Revised Code and organized wholly for the purpose of | 55 |
providing a water supply for domestic, municipal, and public use, | 56 |
and that includes two municipal corporations in two counties; | 57 |
every public official or employee who is paid a salary or wage in | 58 |
accordance with schedule C of section 124.15 or schedule E-2 of | 59 |
section 124.152 of the Revised Code; members of the board of | 60 |
trustees and the executive director of the southern Ohio | 61 |
agricultural and community development foundation; all members | 62 |
appointed to the Ohio livestock care standards board under section | 63 |
904.02 of the Revised Code; all entrepreneurs in residence | 64 |
assigned by the LeanOhio office in the department of | 65 |
administrative services under section 125.65 of the Revised Code | 66 |
and every other public official or employee who is designated by | 67 |
the appropriate ethics commission pursuant to division (B) of this | 68 |
section. | 69 |
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 75 |
and except as otherwise provided in section 102.022 of the Revised | 76 |
Code, identification of every source of income, other than income | 77 |
from a legislative agent identified in division (A)(2)(b) of this | 78 |
section, received during the preceding calendar year, in the | 79 |
person's own name or by any other person for the person's use or | 80 |
benefit, by the person filing the statement, and a brief | 81 |
description of the nature of the services for which the income was | 82 |
received. If the person filing the statement is a member of the | 83 |
general assembly, the statement shall identify the amount of every | 84 |
source of income received in accordance with the following ranges | 85 |
of amounts: zero or more, but less than one thousand dollars; one | 86 |
thousand dollars or more, but less than ten thousand dollars; ten | 87 |
thousand dollars or more, but less than twenty-five thousand | 88 |
dollars; twenty-five thousand dollars or more, but less than fifty | 89 |
thousand dollars; fifty thousand dollars or more, but less than | 90 |
one hundred thousand dollars; and one hundred thousand dollars or | 91 |
more. Division (A)(2)(a) of this section shall not be construed to | 92 |
require a person filing the statement who derives income from a | 93 |
business or profession to disclose the individual items of income | 94 |
that constitute the gross income of that business or profession, | 95 |
except for those individual items of income that are attributable | 96 |
to the person's or, if the income is shared with the person, the | 97 |
partner's, solicitation of services or goods or performance, | 98 |
arrangement, or facilitation of services or provision of goods on | 99 |
behalf of the business or profession of clients, including | 100 |
corporate clients, who are legislative agents. A person who files | 101 |
the statement under this section shall disclose the identity of | 102 |
and the amount of income received from a person who the public | 103 |
official or employee knows or has reason to know is doing or | 104 |
seeking to do business of any kind with the public official's or | 105 |
employee's agency. | 106 |
(b) If the person filing the statement is a member of the | 107 |
general assembly, the statement shall identify every source of | 108 |
income and the amount of that income that was received from a | 109 |
legislative agent during the preceding calendar year, in the | 110 |
person's own name or by any other person for the person's use or | 111 |
benefit, by the person filing the statement, and a brief | 112 |
description of the nature of the services for which the income was | 113 |
received. Division (A)(2)(b) of this section requires the | 114 |
disclosure of clients of attorneys or persons licensed under | 115 |
section 4732.12 of the Revised Code, or patients of persons | 116 |
certified under section 4731.14 of the Revised Code, if those | 117 |
clients or patients are legislative agents. Division (A)(2)(b) of | 118 |
this section requires a person filing the statement who derives | 119 |
income from a business or profession to disclose those individual | 120 |
items of income that constitute the gross income of that business | 121 |
or profession that are received from legislative agents. | 122 |
(c) Except as otherwise provided in division (A)(2)(c) of | 123 |
this section, division (A)(2)(a) of this section applies to | 124 |
attorneys, physicians, and other persons who engage in the | 125 |
practice of a profession and who, pursuant to a section of the | 126 |
Revised Code, the common law of this state, a code of ethics | 127 |
applicable to the profession, or otherwise, generally are required | 128 |
not to reveal, disclose, or use confidences of clients, patients, | 129 |
or other recipients of professional services except under | 130 |
specified circumstances or generally are required to maintain | 131 |
those types of confidences as privileged communications except | 132 |
under specified circumstances. Division (A)(2)(a) of this section | 133 |
does not require an attorney, physician, or other professional | 134 |
subject to a confidentiality requirement as described in division | 135 |
(A)(2)(c) of this section to disclose the name, other identity, or | 136 |
address of a client, patient, or other recipient of professional | 137 |
services if the disclosure would threaten the client, patient, or | 138 |
other recipient of professional services, would reveal details of | 139 |
the subject matter for which legal, medical, or professional | 140 |
advice or other services were sought, or would reveal an otherwise | 141 |
privileged communication involving the client, patient, or other | 142 |
recipient of professional services. Division (A)(2)(a) of this | 143 |
section does not require an attorney, physician, or other | 144 |
professional subject to a confidentiality requirement as described | 145 |
in division (A)(2)(c) of this section to disclose in the brief | 146 |
description of the nature of services required by division | 147 |
(A)(2)(a) of this section any information pertaining to specific | 148 |
professional services rendered for a client, patient, or other | 149 |
recipient of professional services that would reveal details of | 150 |
the subject matter for which legal, medical, or professional | 151 |
advice was sought or would reveal an otherwise privileged | 152 |
communication involving the client, patient, or other recipient of | 153 |
professional services. | 154 |
(3) The name of every corporation on file with the secretary | 155 |
of state that is incorporated in this state or holds a certificate | 156 |
of compliance authorizing it to do business in this state, trust, | 157 |
business trust, partnership, or association that transacts | 158 |
business in this state in which the person filing the statement or | 159 |
any other person for the person's use and benefit had during the | 160 |
preceding calendar year an investment of over one thousand dollars | 161 |
at fair market value as of the thirty-first day of December of the | 162 |
preceding calendar year, or the date of disposition, whichever is | 163 |
earlier, or in which the person holds any office or has a | 164 |
fiduciary relationship, and a description of the nature of the | 165 |
investment, office, or relationship. Division (A)(3) of this | 166 |
section does not require disclosure of the name of any bank, | 167 |
savings and loan association, credit union, or building and loan | 168 |
association with which the person filing the statement has a | 169 |
deposit or a withdrawable share account. | 170 |
(5) The names of all persons residing or transacting business | 176 |
in the state to whom the person filing the statement owes, in the | 177 |
person's own name or in the name of any other person, more than | 178 |
one thousand dollars. Division (A)(5) of this section shall not be | 179 |
construed to require the disclosure of debts owed by the person | 180 |
resulting from the ordinary conduct of a business or profession or | 181 |
debts on the person's residence or real property used primarily | 182 |
for personal recreation, except that the superintendent of | 183 |
financial institutions shall disclose the names of all | 184 |
state-chartered savings and loan associations and of all service | 185 |
corporations subject to regulation under division (E)(2) of | 186 |
section 1151.34 of the Revised Code to whom the superintendent in | 187 |
the superintendent's own name or in the name of any other person | 188 |
owes any money, and that the superintendent and any deputy | 189 |
superintendent of banks shall disclose the names of all | 190 |
state-chartered banks and all bank subsidiary corporations subject | 191 |
to regulation under section 1109.44 of the Revised Code to whom | 192 |
the superintendent or deputy superintendent owes any money. | 193 |
(7) Except as otherwise provided in section 102.022 of the | 205 |
Revised Code, the source of each gift of over seventy-five | 206 |
dollars, or of each gift of over twenty-five dollars received by a | 207 |
member of the general assembly from a legislative agent, received | 208 |
by the person in the person's own name or by any other person for | 209 |
the person's use or benefit during the preceding calendar year, | 210 |
except gifts received by will or by virtue of section 2105.06 of | 211 |
the Revised Code, or received from spouses, parents, grandparents, | 212 |
children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 213 |
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 214 |
fathers-in-law, mothers-in-law, or any person to whom the person | 215 |
filing the statement stands in loco parentis, or received by way | 216 |
of distribution from any inter vivos or testamentary trust | 217 |
established by a spouse or by an ancestor; | 218 |
(8) Except as otherwise provided in section 102.022 of the | 219 |
Revised Code, identification of the source and amount of every | 220 |
payment of expenses incurred for travel to destinations inside or | 221 |
outside this state that is received by the person in the person's | 222 |
own name or by any other person for the person's use or benefit | 223 |
and that is incurred in connection with the person's official | 224 |
duties, except for expenses for travel to meetings or conventions | 225 |
of a national or state organization to which any state agency, | 226 |
including, but not limited to, any legislative agency or state | 227 |
institution of higher education as defined in section 3345.011 of | 228 |
the Revised Code, pays membership dues, or any political | 229 |
subdivision or any office or agency of a political subdivision | 230 |
pays membership dues; | 231 |
(9) Except as otherwise provided in section 102.022 of the | 232 |
Revised Code, identification of the source of payment of expenses | 233 |
for meals and other food and beverages, other than for meals and | 234 |
other food and beverages provided at a meeting at which the person | 235 |
participated in a panel, seminar, or speaking engagement or at a | 236 |
meeting or convention of a national or state organization to which | 237 |
any state agency, including, but not limited to, any legislative | 238 |
agency or state institution of higher education as defined in | 239 |
section 3345.011 of the Revised Code, pays membership dues, or any | 240 |
political subdivision or any office or agency of a political | 241 |
subdivision pays membership dues, that are incurred in connection | 242 |
with the person's official duties and that exceed one hundred | 243 |
dollars aggregated per calendar year; | 244 |
A person may file a statement required by this section in | 257 |
person, by mail, or by electronic means. A person who is a | 258 |
candidate for elective office shall file the statement no later | 259 |
than the thirtieth day before the primary, special, or general | 260 |
election at which the candidacy is to be voted on, whichever | 261 |
election occurs soonest, except that a person who is a write-in | 262 |
candidate shall file the statement no later than the twentieth day | 263 |
before the earliest election at which the person's candidacy is to | 264 |
be voted on. A person who holds elective office shall file the | 265 |
statement on or before the fifteenth day of April of each year | 266 |
unless the person is a candidate for office. A person who is | 267 |
appointed to fill a vacancy for an unexpired term in an elective | 268 |
office shall file the statement within fifteen days after the | 269 |
person qualifies for office. Other persons shall file an annual | 270 |
statement on or before the fifteenth day of April or, if appointed | 271 |
or employed after that date, within ninety days after appointment | 272 |
or employment. No person shall be required to file with the | 273 |
appropriate ethics commission more than one statement or pay more | 274 |
than one filing fee for any one calendar year. | 275 |
(B) The Ohio ethics commission, the joint legislative ethics | 282 |
committee, and the board of commissioners on grievances and | 283 |
discipline of the supreme court, using the rule-making procedures | 284 |
of Chapter 119. of the Revised Code, may require any class of | 285 |
public officials or employees under its jurisdiction and not | 286 |
specifically excluded by this section whose positions involve a | 287 |
substantial and material exercise of administrative discretion in | 288 |
the formulation of public policy, expenditure of public funds, | 289 |
enforcement of laws and rules of the state or a county or city, or | 290 |
the execution of other public trusts, to file an annual statement | 291 |
on or before the fifteenth day of April under division (A) of this | 292 |
section. The appropriate ethics commission shall send the public | 293 |
officials or employees written notice of the requirement by the | 294 |
fifteenth day of February of each year the filing is required | 295 |
unless the public official or employee is appointed after that | 296 |
date, in which case the notice shall be sent within thirty days | 297 |
after appointment, and the filing shall be made not later than | 298 |
ninety days after appointment. | 299 |
Except for disclosure statements filed by members of the | 300 |
board of trustees and the executive director of the southern Ohio | 301 |
agricultural and community development foundation, disclosure | 302 |
statements filed under this division with the Ohio ethics | 303 |
commission by members of boards, commissions, or bureaus of the | 304 |
state for which no compensation is received other than reasonable | 305 |
and necessary expenses shall be kept confidential. Disclosure | 306 |
statements filed with the Ohio ethics commission under division | 307 |
(A) of this section by business managers, treasurers, and | 308 |
superintendents of city, local, exempted village, joint | 309 |
vocational, or cooperative education school districts or | 310 |
educational service centers shall be kept confidential, except | 311 |
that any person conducting an audit of any such school district or | 312 |
educational service center pursuant to section 115.56 or Chapter | 313 |
117. of the Revised Code may examine the disclosure statement of | 314 |
any business manager, treasurer, or superintendent of that school | 315 |
district or educational service center. Disclosure statements | 316 |
filed with the Ohio ethics commission under division (A) of this | 317 |
section by the individuals set forth in division (B)(2) of section | 318 |
187.03 of the Revised Code shall be kept confidential. The Ohio | 319 |
ethics commission shall examine each disclosure statement required | 320 |
to be kept confidential to determine whether a potential conflict | 321 |
of interest exists for the person who filed the disclosure | 322 |
statement. A potential conflict of interest exists if the private | 323 |
interests of the person, as indicated by the person's disclosure | 324 |
statement, might interfere with the public interests the person is | 325 |
required to serve in the exercise of the person's authority and | 326 |
duties in the person's office or position of employment. If the | 327 |
commission determines that a potential conflict of interest | 328 |
exists, it shall notify the person who filed the disclosure | 329 |
statement and shall make the portions of the disclosure statement | 330 |
that indicate a potential conflict of interest subject to public | 331 |
inspection in the same manner as is provided for other disclosure | 332 |
statements. Any portion of the disclosure statement that the | 333 |
commission determines does not indicate a potential conflict of | 334 |
interest shall be kept confidential by the commission and shall | 335 |
not be made subject to public inspection, except as is necessary | 336 |
for the enforcement of Chapters 102. and 2921. of the Revised Code | 337 |
and except as otherwise provided in this division. | 338 |
(C) Not later than the first day of the seventh month after | 422 |
the effective date of this section, the LeanOhio office shall | 423 |
appoint not more than five entrepreneurs in residence from among | 424 |
individuals who are successful in their fields and shall make | 425 |
reasonable efforts to market the entrepreneur in residence program | 426 |
across the state and attract participation from entrepreneurs with | 427 |
various backgrounds, including female entrepreneurs, minority | 428 |
business enterprises as defined in section 122.71 of the Revised | 429 |
Code, and owners of EDGE business enterprises as defined in | 430 |
section 123.152 of the Revised Code. The LeanOhio office may give | 431 |
preference to individuals who have achieved quantifiable | 432 |
improvements using LeanOhio tools and strategies such as lean six | 433 |
sigma and individuals who have achieved a black belt or master | 434 |
black belt certification from the LeanOhio office or an equivalent | 435 |
certification from a private sector office or entity. | 436 |
(G) Upon conclusion of the entrepreneur in residence pilot | 492 |
program, and after considering the reports of the entrepreneurs in | 493 |
residence and information learned from any informal working group, | 494 |
the LeanOhio office shall prepare a report on the entrepreneur in | 495 |
residence pilot program. In the report, the office shall recommend | 496 |
whether the entrepreneur in residence pilot program should be | 497 |
repeated with or without modifications, made permanent with or | 498 |
without modifications, or abandoned. The office shall append the | 499 |
reports of the entrepreneurs in residence to its report. If the | 500 |
pilot program is repeated or made permanent, an individual who | 501 |
previously was assigned as an entrepreneur in residence shall not | 502 |
be reassigned as an entrepreneur in residence. | 503 |