As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 76


Representative Pillich 

Cosponsors: Representatives Antonio, Redfern, Strahorn 

A BILL
To amend sections 121.41, 121.421, 121.48, and 121.49 1
of the Revised Code to change the appointing 2
process for the Inspector General, to clarify the 3
offices over which the Inspector General has 4
authority, and to prohibit partisan political 5
activity by the Inspector General and employees in 6
the office of the Inspector General.7


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

       Section 1. That sections 121.41, 121.421, 121.48, and 121.49 8
of the Revised Code be amended to read as follows:9

       Sec. 121.41.  As used in sections 121.41 to 121.50 of the 10
Revised Code:11

       (A) "Appropriate ethics commission" has the same meaning as 12
in section 102.01 of the Revised Code.13

       (B) "Appropriate licensing agency" means a public or private 14
entity that is responsible for licensing, certifying, or 15
registering persons who are engaged in a particular vocation.16

       (C) "Person" has the same meaning as in section 1.59 of the 17
Revised Code and also includes any officer or employee of the 18
state or any political subdivision of the state.19

       (D) "State agency" has the same meaning as in section 1.60 of 20
the Revised Code and includes the Ohio casino control commission 21
and JobsOhio, but does not include anyeither of the following:22

       (1) The general assembly;23

       (2) Any court;24

       (3) The secretary of state, auditor of state, treasurer of 25
state, or attorney general and their respective offices. 26

       (E) "State employee" means any person who is an employee of a 27
state agency, or any person who does business with the state 28
including, only for the purposes of sections 121.41 to 121.50 of 29
the Revised Code, the nonprofit corporation formed under section 30
187.01 of the Revised Codeofficers and employees of JobsOhio.31

       (F) "State officer" means any person who is elected or 32
appointed to a public office in a state agency, including a person 33
elected or appointed to the office of attorney general, auditor of 34
state, secretary of state, or treasurer of state.35

       (G) "Wrongful act or omission" means an act or omission, 36
committed in the course of office holding or employment, that is 37
not in accordance with the requirements of law or such standards 38
of proper governmental conduct as are commonly accepted in the 39
community and thereby subverts, or tends to subvert, the process 40
of government.41

       (H) "JobsOhio" has the same meaning as in section 187.01 of 42
the Revised Code.43

       Sec. 121.421.  (A) Notwithstanding division (D)(3) of section 44
121.41 of the Revised Code, inIn order to determine whether 45
wrongful acts or omissions have been committed or are being 46
committed by present or former employees, the inspector general 47
shall investigate employees of the office of the attorney general 48
who are contractually vested with duties to enforce Chapter 3772. 49
of the Revised Code, including any designated bureau of criminal 50
identification and investigation support staff that are necessary 51
to fulfill the investigatory and law enforcement functions of the 52
Ohio casino control commission. The inspector general and any 53
deputy inspector general may administer oaths, examine witnesses 54
under oath, and issue subpoenas and subpoenas duces tecum to 55
employees of the office of the attorney general to compel the 56
attendance of witnesses and the production of all kinds of books, 57
records, papers, and tangible things deemed necessary in the 58
course of any such investigation.59

       (B) The inspector general may enter into any contracts that 60
are necessary to complete an investigation. The contracts may 61
include contracts for the services of persons who are experts in a 62
particular field and whose expertise is necessary for successful 63
completion of the investigation.64

       (C) If the authority of the attorney general terminates or 65
expires, the authority vested in the inspector general by this 66
section terminates upon the conclusion of ongoing investigations 67
or upon issuance of the final report of the investigations.68

       Sec. 121.48.  There is hereby created the office of the 69
inspector general, to be headed by the inspector general.70

       The governorspeaker of the house of representatives, the 71
minority leader of the house of representatives, the president of 72
the senate, and the minority leader of the senate shall appoint, 73
by majority vote, the inspector general, subject to section 121.49 74
of the Revised Code and the advice and consent of the senate. The 75
inspector general shall hold office for a term coinciding with 76
the term of the appointing governorsix years. The governorThose 77
legislative leaders may vote to remove the inspector general from 78
office prior to the expiration of the inspector general's term of 79
office for gross neglect, misconduct, or dereliction of duty only 80
after delivering written notice to the inspector general of the 81
reasons for which the governor intendsthey intend to removevote 82
on the removal of the inspector general from office and providing 83
the inspector general with an opportunity to appear and show cause 84
why the inspector general should not be removed.85

       In addition to the duties imposed by section 121.42 of the 86
Revised Code, the inspector general shall manage the office of the 87
inspector general. The inspector general shall establish and 88
maintain offices in Columbus.89

       The inspector general may employ and fix the compensation of 90
one or more deputy inspectors general. Each deputy inspector 91
general shall serve for a term coinciding with the term of the 92
appointing inspector general, and shall perform the duties, 93
including the performance of investigations, that are assigned by 94
the inspector general. All deputy inspectors general are in the 95
unclassified service and serve at the pleasure of the inspector 96
general.97

       In addition to deputy inspectors general, the inspector 98
general may employ and fix the compensation of professional, 99
technical, and clerical employees that are necessary for the 100
effective and efficient operation of the office of the inspector 101
general. All professional, technical, and clerical employees of 102
the office of the inspector general are in the unclassified 103
service and serve at the pleasure of the appointing inspector 104
general. All employees of the inspector general are prohibited 105
from engaging in partisan political activity, as described in 106
division (B) of section 121.49 of the Revised Code, in the same 107
manner as the inspector general is prohibited from engaging in 108
those activities.109

       The inspector general may enter into any contracts that are 110
necessary to the operation of the office of the inspector general. 111
The contracts may include, but are not limited to, contracts for 112
the services of persons who are experts in a particular field and 113
whose expertise is necessary to the successful completion of an 114
investigation.115

       Not later than the first day of March in each year, the 116
inspector general shall publish an annual report summarizing the 117
activities of the inspector general's office during the previous 118
calendar year. The annual report shall not disclose the results of 119
any investigation insofar as the results are designated as 120
confidential under section 121.44 of the Revised Code.121

       The inspector general shall provide copies of the inspector 122
general's annual report to the governor and the general assembly. 123
The inspector general also shall provide a copy of the annual 124
report to any other person who requests the copy and pays a fee 125
prescribed by the inspector general. The fee shall not exceed the 126
cost of reproducing and delivering the annual report.127

       Sec. 121.49.  (A)(1) Subject to division (B)(A)(2) of this 128
section, only an individual who meets one or more of the following 129
qualifications is eligible to be appointed inspector general:130

       (1)(a) At least five years experience as a law enforcement 131
officer in this or any other state;132

       (2)(b) Admission to the bar of this or any other state;133

       (3)(c) Certification as a certified public accountant in this 134
or any other state;135

       (4)(d) At least five years service as the comptroller or 136
similar officer of a public or private entity in this or any other 137
state.138

       (B)(2) No individual who has been convicted, in this or any 139
other state, of a felony or of any crime involving fraud, 140
dishonesty, or moral turpitude shall be appointed inspector 141
general.142

       (B) The inspector general shall not, directly or indirectly, 143
orally or by letter, solicit or receive, or be in any manner 144
concerned in soliciting or receiving, any assessment, 145
subscription, or contribution for any political party or for any 146
candidate for public office; nor shall the inspector general 147
solicit directly or indirectly, orally or by letter, or be in any 148
manner concerned in soliciting, any such assessment, contribution, 149
or payment from any officer or employee in the classified service 150
of the state, the several counties, cities, or city school 151
districts of the state, or the civil service townships of the 152
state; nor shall the inspector general be an officer in any 153
political organization or take part in politics other than to vote 154
as the inspector general pleases and to express freely political 155
opinions.156

        Political activities prohibited under this division include, 157
but are not limited to, all of the following:158

        (1) Candidacy for public office in a partisan election;159

        (2) Candidacy for public office in a nonpartisan general 160
election if the nomination to candidacy was obtained in a partisan 161
primary or through the circulation of nominating petitions 162
identified with a political party;163

        (3) Filing of petitions meeting statutory requirements for 164
partisan candidacy to elective office;165

        (4) Circulation of official nominating petitions for any 166
candidate participating in a partisan election;167

        (5) Service in an elected or appointed office in any partisan 168
political organization;169

        (6) Acceptance of a party-sponsored appointment to any office 170
normally filled by partisan election;171

        (7) Campaigning by writing for publications, by distributing 172
political material, or by writing or making speeches on behalf of 173
a candidate for partisan elective office, when such activities are 174
directed toward party success;175

        (8) Solicitation, either directly or indirectly, of any 176
assessment, contribution, or subscription, either monetary or 177
in-kind, for any political party or political candidate;178

        (9) Solicitation of the sale, or actual sale, of political 179
party tickets;180

        (10) Partisan activities at the election polls, such as 181
solicitation of votes for other than nonpartisan candidates and 182
nonpartisan issues;183

        (11) Service as an election observer for any party or 184
partisan committee;185

        (12) Participation in political caucuses of a partisan 186
nature;187

        (13) Participation in a political action committee that 188
supports partisan activity;189

       (14) Attending any partisan fundraising event;190

       (15) Participating in any campaign activity, such as 191
preparing mailings; and192

       (16) Making contributions to a partisan candidate.193

       Section 2. That existing sections 121.41, 121.421, 121.48, 194
and 121.49 of the Revised Code are hereby repealed.195