As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 628

Representatives Celebrezze, Antonio 

Cosponsors: Representatives Foley, Barborak, Hagan, R. 

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A BILL

To authorize the Inspector General to investigate the

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Office of the Attorney General to determine

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whether wrongful acts or omissions have been or

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are being committed and to declare an emergency.

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

Section 1. (A) As used in this section, "wrongful act or	5
omission" has the same meaning as in section 121.41 of the Revised	6
Code.	7

(B) Notwithstanding division (D)(3) of section 121.41 of the	8
Revised Code, the Inspector General shall investigate the	9
management and operation of the Office of the Attorney General to	10
determine whether misconduct or wrongful acts or omissions have	11
been committed or are being committed by the Attorney General or	12
by present or former employees of or contractors with the Office	13
of the Attorney General. In conducting the investigation:	14

(1) The Inspector General and each deputy inspector general	15
may administer oaths, examine witnesses under oath, and issue	16
subpoenas and subpoenas duces tecum to compel the attendance of	17
witnesses and the production of all kinds of books, records,	18
papers, and tangible things. Upon the refusal of a witness to be	19
sworn or to answer any question put to the witness, or if a person	20
disobeys a subpoena, the Inspector General shall apply to the	21
court of common pleas for a contempt order, as in the case of	22
disobedience to the requirements of a subpoena issued from the	23
court of common pleas, or a refusal to testify in the court.	24

(2) The Inspector General shall identify other state officers	25
and agencies that also are conducting contemporaneous	26
investigations, audits, reviews, or evaluations of the Office of	27
the Attorney General. The Inspector General is entitled to	28
coordinate and manage these investigations, audits, reviews, and	29
evaluations. A state officer or agency that is conducting such an	30
investigation, audit, review, or evaluation shall cooperate with	31
the Inspector General in this regard. The Inspector General and	32
each state officer or agency that is conducting such an	33
investigation, audit, review, or evaluation shall share	34
information and avoid duplication of effort.	35

(C) At the conclusion of the investigation, the Inspector	36
General shall prepare a detailed final report of the results of	37
the investigation. The Inspector General shall submit the final	38
report to the Governor, to the Speaker of the House of	39
Representatives, and to the President of the Senate. The authority	40
vested in the Inspector General by this section terminates when	41
the final report has been submitted.	42

(D) The Inspector General may enter into any contracts that	43
are necessary to complete the investigation. The contracts may	44
include contracts for the services of persons who are experts in a	45
particular field and whose expertise is necessary to successful	46
completion of the investigation.	47

Section 2. This act is hereby declared to be an emergency	48
measure necessary for the immediate preservation of the public	49
peace, health, and safety. The reason for such necessity lies in	50
the fact that it is essential that an investigation, conducted and	51
coordinated by the Inspector General, commence as soon as possible	52
to investigate alleged misconduct and wrongful acts and omissions	53
in the Office of the Attorney General. Therefore, this act shall	54
go into immediate effect.	55