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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 6 |
SENATORS KEARNS-DIX-OELSLAGER-GILLMOR-SUHADOLNIK-GAETH-ZALESKI-
RAY-McLIN-J. JOHNSON-ESPY-HOWARD-
REPRESENTATIVES REID-JOHNSON-
SYKES-THOMAS-CORBIN-ROBERTS-PERZ-MALLORY-TAVARES-OPFER-
KREBS-O'BRIEN-BOYD-CORE-PRENTISS-BRITTON-LEWIS-VERICH-BEATTY
A BILL
To amend sections 101.72, 102.02, 102.022, 102.03, 126.21, 2907.03, 3345.011,
3345.09, 3345.61, and 3345.99, to enact sections 3333.045 and 3345.71 to
3345.78,
and to repeal section 3345.031 of the Revised Code to require the Ohio Board
of Regents to place a state university or college on a fiscal watch under
certain
circumstances, to authorize the Governor under certain
circumstances to transfer the powers and duties of a board of trustees of a
state
university or college under a fiscal watch to a
conservator and alternative governance authority, to require
the development of a model for training members of boards of trustees of state
universities and colleges and of the Board of Regents
regarding their authority and responsibilities, and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.72, 102.02, 102.022, 102.03, 126.21, 2907.03,
3345.011, 3345.09, 3345.61, and 3345.99 be amended and sections 3333.045,
3345.71,
3345.72, 3345.73,
3345.74, 3345.75, 3345.76, 3345.77, and 3345.78 of the Revised Code be enacted
to read as follows:
Sec. 101.72. (A) Each legislative agent and employer,
within ten days following an engagement of a legislative agent,
shall file with the joint legislative ethics committee an
initial registration statement showing all of the following:
(1) The name, business address, and occupation of the
legislative agent;
(2) The name and business address of the employer and the
real party in interest on whose behalf the legislative agent is
actively advocating, if it is different from the employer. For
the purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of
the federal Internal Revenue Code is the employer, the statement
need not list the names and addresses of each member of the
association or organization, so long as the association or
organization itself is listed.
(3) A brief description of the type of legislation to
which the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each legislative agent
and employer shall file with the joint committee, not later than the last day
of January, May, and
September of each year, an updated registration statement that
confirms the continuing existence of each engagement described in
an initial registration statement and that lists the specific
bills or resolutions on which the agent actively advocated under
that engagement during the period covered by the updated
statement, and with it any statement of expenditures required to
be filed by section 101.73 of the Revised Code and any details of
financial transactions required to be filed by section 101.74 of
the Revised Code.
(C) If a legislative agent is engaged by more than one
employer, the agent shall file a separate initial and updated
registration statement for each engagement. If an employer
engages more than one legislative agent, the employer need file
only one updated registration statement under division (B) of
this section, which shall contain the information required by
division (B) of this section regarding all of the legislative
agents engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the
next updated registration statement filed under division (B) of
this section.
(2) Within thirty days after the termination of an
engagement, the legislative agent who was employed under the
engagement shall send written notification of the termination to
the joint committee.
(E) Except as otherwise provided in this division, a registration fee of ten
dollars shall be charged for filing an initial
registration statement. All money collected from this registration fee shall
be deposited to the credit of the joint legislative ethics committee fund
created under section 101.34 of the Revised Code. An officer or employee of a
state
agency who actively advocates in his A fiduciary capacity as a
representative of
that state agency need not pay the registration fee prescribed by this
division
or file expenditure statements under section 101.73 of the Revised Code. As
used in this division, "state agency" does not include a state institution of
higher education as defined in section 3345.031 3345.011 of
the Revised Code.
(F) Upon registration pursuant to division (A) of this
section, the legislative agent shall be issued a card by the
joint committee showing that the legislative agent is registered.
The registration card and the legislative agent's registration shall be valid
from the date of their issuance until the next thirty-first day of December of
an
even-numbered year.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining
whether the statement contains all of the information required by
this section. If the joint committee determines that the
registration statement does not contain all of the required
information or that a legislative agent or employer has failed to
file a registration statement, the joint committee shall send
written notification by certified mail to the person who filed
the registration statement regarding the deficiency in the
statement or to the person who failed to file the registration
statement regarding the failure. Any person so notified by the
joint committee shall, not later than fifteen days after
receiving the notice, file a registration statement or an amended
registration statement that does contain all of the information
required by this section. If any person who receives a notice
under this division fails to file a registration statement or
such an amended registration statement within this fifteen-day
period, the joint committee shall notify the attorney general,
who may take appropriate action as authorized under section
101.79 of the Revised Code. If the joint committee notifies the
attorney general under this division, the joint committee shall
also notify in writing the governor and each member of the
general assembly of the pending investigation.
(H) On or before the fifteenth day of March of each year,
the joint committee shall, in the manner and form that it
determines, publish a report containing statistical information
on the registration statements filed with it under this section
during the preceding year.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the director, assistant directors, deputy
directors, division chiefs, or persons of equivalent rank of any
administrative department of the state; the president or other
chief administrative officer of every state institution of higher
education as defined in section 3345.031 3345.011 of the
Revised Code; the
chief executive officer of each state retirement system; all
members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school
district or an educational service center; every person who is elected
to or is a candidate for
the office of member of a board of education of a city, local,
exempted village, joint vocational, or cooperative
education school district or of a governing board of an educational service
center that has an average daily membership of
twelve thousand or more as most recently certified to the state
board of education pursuant to division (A) of section 3317.03 of
the Revised Code; every public official or employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; and every
other public official or employee who is designated by the
appropriate ethics commission pursuant to division (B) of this
section shall file with the appropriate ethics commission on a
form prescribed by the commission, a statement disclosing:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which the
person or members of the person's immediate family does
business;
(2)(a) Subject to divisions (A)(2)(b), and (c) of this
section and except as otherwise provided in section 102.022 of
the Revised Code, identification of every source of income, other
than income from a legislative agent identified in division
(A)(2)(b) of this section, received during the preceding calendar
year, in the person's own name or by any other person for
the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was received. If the person filing the statement is a member of
the general assembly, the statement shall identify the amount of
every source of income received in accordance with the following
ranges of amounts: zero or more but less than one thousand
dollars; one thousand dollars or more but less than ten thousand
dollars; ten thousand dollars or more but less than twenty-five
thousand dollars; twenty-five thousand dollars or more but less
than fifty thousand dollars; fifty thousand dollars or more but
less than one hundred thousand dollars; and one hundred thousand
dollars or more. Division (A)(2)(a) of this section shall not be
construed to require a person filing the statement who derives
income from a business or profession to disclose the individual
items of income that constitute the gross income of that business
or profession, except for those individual items of income that
are attributable to the person's or, if the income is shared with
the person, the partner's, solicitation of services or goods or
performance, arrangement, or facilitation of services or
provision of goods on behalf of the business or profession of
clients, including corporate clients, who are legislative agents
as defined in section 101.70 of the Revised Code. A person who
files the statement under this section shall disclose the
identity of and the amount of income received from a person whom
the public official or employee knows or has reason to know is
doing or seeking to do business of any kind with the public
official's or employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature of the services
for which the income was received. Division (A)(2)(b) of this
section requires the disclosure of clients of attorneys or
persons licensed under section 4732.12 of the Revised Code, or
patients of persons certified under section 4731.14 of the
Revised Code if those clients or patients are legislative agents.
Division (A)(2)(b) of this section requires a person filing the
statement who derives income from a business or profession to
disclose those individual items of income that constitute the
gross income of that business or profession that are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required not to reveal, disclose, or use confidences of clients,
patients, or other recipients of professional services except
under specified circumstances or generally are required to
maintain those types of confidences as privileged communications
except under specified circumstances. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as
described in division (A)(2)(c) of this section to disclose the
name, other identity, or address of a client, patient, or other
recipient of professional services if the disclosure would
threaten the client, patient, or other recipient of professional
services, would reveal details of the subject matter for which
legal, medical, or professional advice or other services were
sought, or would reveal an otherwise privileged communication
involving the client, patient, or other recipient of professional
services. Division (A)(2)(a) of this section does not require an
attorney, physician, or other professional subject to a
confidentiality requirement as described in division (A)(2)(c) of
this section to disclose in the brief description of the nature
of services required by division (A)(2)(a) of this section any
information pertaining to specific professional services rendered
for a client, patient, or other recipient of professional
services that would reveal details of the subject matter for
which legal, medical, or professional advice was sought or would
reveal an otherwise privileged communication involving the
client, patient, or other recipient of professional services.
(3) The name of every corporation on file with the
secretary of state that is incorporated in Ohio or holds a
certificate of compliance authorizing it to do business in this
state, trust, business trust, partnership, or association that
transacts business in Ohio in which the person filing the
statement or any other person for the person's use and
benefit had during
the preceding calendar year an investment of over one thousand
dollars at fair market value as of the thirty-first day of
December of the preceding calendar year, or the date of
disposition, whichever is earlier, or in which the person holds
any office or has a fiduciary relationship, and a description of
the nature of the investment, office, or relationship. This
division does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person, more
than one thousand dollars. This division shall not be construed
to require the disclosure of debts owed by the person resulting
from the ordinary conduct of a business or profession or debts on
the person's residence or real property used primarily for
personal recreation, except that the superintendent of financial
institutions shall disclose the
names of all
state-chartered savings and loan associations and of
all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all state-chartered
banks and all bank subsidiary corporations subject to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owes more than one thousand
dollars to the person filing the statement, either in the
person's own
name or to any person for the person's use or benefit. This
division
shall not be construed to require the disclosure of clients of
attorneys or persons licensed under section 4732.12 or 4732.15 of
the Revised Code, or patients of persons certified under section
4731.14 of the Revised Code, nor the disclosure of debts owed to
the person resulting from the ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a member of the general assembly from a legislative agent,
received by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year, except
gifts received by will or by virtue of section 2105.06 of the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, fathers-in-law, mothers-in-law, or any person
to whom the person filing the statement stands in loco parentis,
or received by way of distribution from any inter vivos or
testamentary trust established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's own name
or by any other person for the person's use or benefit and
that is
incurred in connection with the person's official duties except
for expenses for travel to meetings or conventions of a national
or state organization to which either house of the general
assembly, any legislative agency, a state institution of higher
education as defined in section 3345.031 of the Revised Code, any
other state agency, or any political subdivision or any office or
agency of a political subdivision pays membership dues.
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person participated in a panel, seminar, or speaking engagement
or at a meeting or convention of a national or state organization
to which either house of the general assembly, any legislative
agency, a state institution of higher education as defined in
section 3345.031 of the Revised Code, any other state agency, or
any political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of the Revised Code, all of the nondisputed information contained
in the statement delivered to that public official or employee by
the legislative agent, executive agency lobbyist, or employer
under division (F)(2) of section 101.73 or (G)(2) of section
121.63 of the Revised Code. As used in division (A)(10) of this
section, "legislative agent," "executive agency lobbyist," and
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which such
candidacy is to be voted on, whichever election occurs sooner,
except a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A person who
holds elective office shall file the statement on or before
the
fifteenth day of April of each year, unless the person is a
candidate for
office. A person who is appointed to fill a vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for office.
Other persons
shall file an annual statement on or before the fifteenth day of
April or, if appointed or employed after that date, within ninety
days after appointment or employment. No person shall be
required to file with the appropriate ethics commission more than
one statement or pay more than one filing fee for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend for a reasonable time the deadline for filing a disclosure
statement under this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics committee, and the board of commissioners on grievances
and discipline of the supreme court, using the rule-making
procedures of Chapter 119. of the Revised Code, may require any
class of public officials or employees under its jurisdiction and
not specifically excluded by this section whose positions involve
a substantial and material exercise of administrative discretion
in the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or the execution of other public trusts, to file an annual
statement on or before the fifteenth day of April under division
(A) of this section. The appropriate ethics commission shall
send the public officials or employees written notice of the
requirement by the fifteenth day of February of each year the
filing is required, unless the public official or employee is
appointed after that date, in which case the notice shall be sent
within thirty days after appointment, and the filing shall be
made not later than ninety days after appointment.
Disclosure statements filed under this division with the
Ohio ethics commission by members of boards, commissions, or
bureaus of the state for which no compensation is received other
than reasonable and necessary expenses shall be kept confidential. Disclosure
statements filed
with the Ohio ethics commission under division (A) of this
section by business managers, treasurers, and superintendents of
city, local, exempted village, joint vocational, or
cooperative education school districts or educational service centers shall be
kept confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117.
of the Revised Code may examine the disclosure statement of any
business manager, treasurer, or superintendent of that school
district or educational service center. The Ohio ethics commission shall
examine each disclosure statement required to be kept confidential to
determine whether a potential conflict of interest exists for the
person who filed the disclosure statement. A potential conflict
of interest exists if the private interests of the person, as
indicated by the person's disclosure statement, might
interfere with the
public interests the person is required to serve in the
exercise of the person's authority and duties in
the person's office or position of employment. If
the commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised
Code and except as otherwise provided in this paragraph.
(C) No person shall knowingly fail to file, on or before
the applicable filing deadline under this section, a statement
that is required by this section.
(D) No person shall knowingly file a false statement that
is required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section, on and after March 2, 1994, the statement required by division
(A) or (B) of
this section shall be accompanied by a filing fee of twenty-five
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a filing fee to be paid by the person who
is elected or appointed to or is a candidate for any of the
following offices:
For state office, except member of | |
state board of education | $50 |
For office of member of United States | |
congress or member of general assembly | $25 |
For county office | $25 |
For office of member of state board | |
of education | $10 |
For office of member of city, local, | |
exempted village, or cooperative | |
education board of | |
education or educational service | |
center governing board | $ 5 |
For position of business manager, | |
treasurer, or superintendent of | |
city, local, exempted village, joint | |
vocational, or cooperative education | |
school district or | |
educational service center | $ 5 |
(3) No judge of a court of record or candidate for judge
of such a court, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2), or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one hundred dollars.
(G)(1) The appropriate ethics commission other than the
Ohio ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all fees it
receives under divisions (E) and (F) of this section and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys
credited to the fund shall be used solely for expenses related to
the operation of the commission.
(H) Division (A) of this section does not apply to a
person elected or appointed to the office of precinct, ward, or
district committee member under Chapter 3517. of the Revised
Code; a presidential elector; a delegate to a national
convention; village or township officials and employees; any
physician or psychiatrist who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code and whose primary duties do
not require the exercise of administrative discretion; or any
member of a board, commission, or bureau of any county or city
who receives less than one thousand dollars per year for serving
in that position.
Sec. 102.022. Each person who is an officer or employee of
a political subdivision, who receives compensation of less than
sixteen thousand dollars a year for holding an office or position
of employment with that political subdivision, and who is
required to file a statement under section 102.02 of the Revised
Code, and each member of the board of trustees of a state
institution of higher education as defined in section 3345.031
3345.011 of
the Revised Code who is required to file a statement under
section 102.02 of the Revised Code, shall include in that
statement, in place of the information required by divisions
(A)(2), (7), (8), and (9) of that section, the following
information:
(A) Exclusive of reasonable expenses, identification of
every source of income over five hundred dollars received during
the preceding calendar year, in his THE OFFICER'S OR EMPLOYEE'S
own name or by any other
person for his THE OFFICER'S OR EMPLOYEE'S use or benefit, by
the person filing the
statement, and a brief description of the nature of the services
for which the income was received. This division shall not be
construed to require the disclosure of clients of attorneys or
persons licensed under section 4732.12 or 4732.15 of the Revised
Code or patients of persons certified under section 4731.14 of
the Revised Code. This division shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of the business or profession.
(B) The source of each gift of over five hundred dollars
received by the person in his THE OFFICER'S OR EMPLOYEE'S own
name or by any other person for
his THE OFFICER'S OR EMPLOYEE'S use or benefit during the
preceding calendar year, except
gifts received by will or by virtue of section 2105.06 of the
Revised Code, received from parents, grandparents, children,
grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor.
Sec. 102.03. (A)(1) No present or former public official or
employee shall, during public employment or service or for
twelve months thereafter, represent a client or act in a
representative capacity for any person on any matter in which the public
official or employee personally participated as a public official or employee
through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or other substantial exercise of administrative
discretion.
(2) For twenty-four months after the conclusion of
service, no former commissioner or attorney examiner of the
public utilities commission shall represent a public utility, as
defined in section 4905.02 of the Revised Code, or act in a
representative capacity on behalf of such a utility before any
state board, commission, or agency.
(3) For twenty-four months after the conclusion of
employment or service, no former public official or employee who
personally participated as a public official or employee through
decision, approval, disapproval, recommendation, the rendering of
advice, the development or adoption of solid waste management
plans, investigation, inspection, or other substantial exercise
of administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or
operator of a facility, as defined in section 3734.01 of the
Revised Code, or who is an applicant for a permit or license for
a facility under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee.
(4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee
of the general assembly, or the controlling board. Division
(A)(4) of this section does not apply to or affect a person who
separates from service with the general assembly on or before
December 31, 1995. As used in division (A)(4) of this section
"person" does not include any state agency or political
subdivision of the state.
(5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions,
or constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person.
(6) Nothing contained in division (A) of this section
shall prohibit, during such period, a former public official or
employee from being retained or employed to represent, assist, or
act in a representative capacity for the public agency by which
the public official or employee was employed or on which
the public official or employee served.
(7) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents.
(B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties
that is confidential because of statutory provisions, or that
has been clearly designated to the public official or employee as
confidential when that
confidential designation is warranted because of the status of
the proceedings or the circumstances under which the information
was received and preserving its confidentiality is necessary to
the proper conduct of government business.
(C) No public official or employee shall participate
within the scope of duties as a public official or employee,
except through ministerial functions as defined in division (A)
of this section, in any license or rate-making proceeding that
directly affects the license or rates of any person, partnership,
trust, business trust, corporation, or association in which the
public official or employee or immediate family owns or
controls more than five per cent. No public official or employee
shall participate within the scope of duties as a public
official or employee, except through ministerial functions as
defined in division (A) of this section, in any license or
rate-making proceeding that directly affects the license or rates
of any person to whom the public official or employee or
immediate family, or a partnership, trust, business trust,
corporation, or association of which the public official or employee
or the public official's or employee's immediate family
owns or controls more than five per cent, has sold goods or
services totaling more than one thousand dollars during the
preceding year, unless the public official or employee has filed
a written statement acknowledging that sale with the clerk or
secretary of the public agency and the statement is entered in
any public record of the agency's proceedings. This division
shall not be construed to require the disclosure of clients of
attorneys or persons licensed under section 4732.12 or 4732.15 of
the Revised Code, or patients of persons certified under section
4731.14 of the Revised Code.
(D) No public official or employee shall use or authorize
the use of the authority or influence of office or employment
to secure anything of value or the promise or offer of anything
of value that is of such a character as to manifest a substantial
and improper influence upon the public official or employee with
respect to that person's duties.
(E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or employee with
respect to that person's duties.
(F) No person shall promise or give to a public official
or employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public official or
employee with
respect to that person's duties.
(G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a campaign
committee, political party, legislative campaign
fund, or political action committee on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section.
As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund," and
"political action committee" have the same meanings as in section
3517.01 of the Revised Code.
(H) No public official or employee, except for the
president or other chief administrative officer of or a member of
a board of trustees of a state institution of higher education as
defined in section 3345.031 3345.011 of the Revised Code, who
is required
to file a financial disclosure statement under section 102.02 of
the Revised Code shall solicit or accept, and no person shall
give to that public official or employee, an honorarium. This
division and divisions (D), (E), and (F) of this section do not
prohibit a public official or employee who is required to file a
financial disclosure statement under section 102.02 of the
Revised Code from accepting and do not prohibit a person from
giving to that public official or employee the payment of actual
travel expenses, including any expenses incurred in connection
with the travel for lodging, and meals, food, and beverages
provided to the public official or employee at a meeting at which
the public official or employee participates in a panel, seminar,
or speaking engagement or provided to the public official or
employee at a meeting or convention of a national organization to
which either house of the general assembly, any legislative
agency, or any other state agency pays membership dues. This
division and divisions (D), (E), and (F) of this section do not
prohibit a public official or employee who is not required to
file a financial disclosure statement under section 102.02 of the
Revised Code from accepting and do not prohibit a person from
promising or giving to that public official or employee an
honorarium or the payment of travel, meal, and lodging expenses
if the honorarium, expenses, or both were paid in
recognition of demonstrable business, professional, or esthetic
interests of the public official or employee that exist apart
from public office or employment, including, but not limited
to, such a demonstrable interest in public speaking and were not
paid by any person or other entity, or by any representative or
association of those persons or entities, that is regulated by,
doing business with, or seeking to do business with the
department, division, institution, board, commission, authority,
bureau, or other instrumentality of the governmental entity with
which the public official or employee serves.
(I) A public official or employee may accept travel,
meals, and lodging or expenses or reimbursement of expenses for
travel, meals, and lodging in connection with conferences,
seminars, and similar events related to official duties if
the travel, meals, and lodging, expenses, or reimbursement is not
of such a character as to manifest a substantial and improper
influence upon the public official or employee with respect to
that person's duties. The house of
representatives and senate, in their code of ethics, and the Ohio
ethics commission, under section 111.15 of the Revised Code, may
adopt rules setting standards and conditions for the furnishing
and acceptance of such travel, meals, and lodging, expenses, or
reimbursement.
A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers
and employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code.
(J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to
that person's duties. As used in this
division, "organization" means a church or a religious,
benevolent, fraternal, or professional organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3), (4), (8), (10), or (19) of the "Internal Revenue Code
of 1986." This division does not apply to a public official or
employee who is an employee of an organization, serves as a
trustee, director, or officer of an organization, or otherwise
holds a fiduciary relationship with an organization. This
division does not allow a public official or employee who is a
member of an organization to participate, formally or informally,
in deliberations, discussions, or voting on a matter or to use
his official position with regard to the interests of the
organization on the matter if the public official or employee has
assumed a particular
responsibility in the organization with respect to the matter or
if the matter would affect that person's personal, pecuniary
interests.
(K) It is not a violation of this section for a
prosecuting attorney to appoint assistants and employees in
accordance with division (B) of section 309.06 and section 2921.421 of the
Revised Code, for a chief legal officer of a municipal corporation or
an official designated as prosecutor in a municipal corporation
to appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to appoint
assistants and
employees in accordance with sections 504.151 and 2921.421 of the Revised
Code, or for a coroner to appoint assistants and employees in
accordance with division (B) of section 313.05 of the Revised Code.
As used in this division, "chief legal officer" has the
same meaning as in section 733.621 of the Revised Code.
Sec. 126.21. The director of budget and management shall:
(A) Keep all necessary accounting records;
(B) Prescribe and maintain the accounting system of the
state and establish appropriate accounting procedures and charts
of accounts;
(C) Reconcile, in the case of any variation between the
amount of any appropriation and the aggregate amount of items
thereof, with the advice and assistance of the state agency
affected thereby and the legislative budget office of the
legislative service commission, totals so as to correspond in the
aggregate with the total appropriation. In the case of a
conflict between the item and the total of which it is a part,
the item shall be considered the intended appropriation.
(D) Evaluate on an ongoing basis and, if necessary,
recommend improvements to the internal controls used in state
agencies;
(E) Authorize the establishment of petty cash accounts.
The director of budget and management may withdraw approval for
any petty cash account and require the officer in charge to
return to the state treasury any unexpended balance shown by his
THE OFFICER'S accounts to be on hand. Any officer who is issued a
warrant for
petty cash shall render a detailed account of the expenditures of
such petty cash and shall report when requested the balance of
petty cash on hand at any time.
(F) Process orders, invoices, vouchers, claims, and
payrolls and prepare financial reports and statements;
(G) Perform such extensions, reviews, and compliance
checks prior to approving a payment as he THE DIRECTOR considers
necessary;
(H) Issue the official comprehensive annual financial
report of the state. The report shall cover all funds and
account groups of the state reporting entity and shall include
general purpose financial statements prepared in accordance with
generally accepted accounting principles and such other
information as the director provides. All state agencies,
authorities, institutions, offices, retirement systems, and other
component units of the state reporting entity as determined by
the director shall furnish the director whatever financial
statements and other information he THE DIRECTOR requests for
the report, in
such form, at such times, covering such periods, and with such
attestation as he THE DIRECTOR prescribes. The information for
state
institutions of higher education, as such term is defined in
section 3345.031 3345.011 of the Revised Code, shall be
submitted to the
director by the Ohio board of regents. The board shall establish
a due date by which each such institution shall submit the
information to the board, but no such date shall be later than
one hundred twenty days after the end of the state fiscal year
unless a later date is approved by the director.
Sec. 2907.03. (A) No person shall engage in sexual
conduct with another, not the spouse of the offender, when any of
the following apply:
(1) The offender knowingly coerces the other person to
submit by any means that would prevent resistance by a person of
ordinary resolution.
(2) The offender knows that the other person's ability to
appraise the nature of or control his or her THE OTHER PERSON'S
own conduct is
substantially impaired.
(3) The offender knows that the other person submits
because he or she THE OTHER PERSON is unaware that the act is
being committed.
(4) The offender knows that the other person submits
because the other person mistakenly identifies the offender as his
or
her THE OTHER PERSON'S spouse.
(5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in
loco parentis of the other person.
(6) The other person is in custody of law or a patient in
a hospital or other institution, and the offender has supervisory
or disciplinary authority over the other person.
(7) The offender is a teacher, administrator, coach, or other person in
authority employed by or serving in a school for which the state board of
education prescribes minimum standards pursuant to division (D) of section
3301.07 of the Revised Code, the other person is
enrolled in or attends that school, and the offender is not enrolled in and
does not attend
that school.
(8) The other person is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or serving in
an institution of higher education, and the other
person is enrolled in or
attends that institution.
(9) The other person is a minor, and the offender is the other person's
athletic or other type of coach, is the other person's instructor, is the
leader of a scouting troop of which the other person is a member, or is a
person with temporary or occasional disciplinary control over the other
person.
(B) Whoever violates this section is guilty of sexual
battery. A violation of division (A)(1), (5), (6),
(7), (8), or (9) of this section is a felony of the third degree. A
violation of division (A)(2), (3), or (4) of this section is a felony
of the fourth degree.
(C) As used in this section, "institution of higher education" means a state
institution of higher education defined in section 3345.031
3345.011 of the Revised
Code, a private nonprofit college or university located in this state that
possesses a certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or a school certified under
Chapter 3332. of the Revised Code.
Sec. 3333.045. AS USED IN THIS SECTION, "STATE UNIVERSITY
OR COLLEGE" MEANS ANY STATE UNIVERSITY LISTED IN SECTION
3345.011 OF THE REVISED CODE, THE NORTHEASTERN
OHIO UNIVERSITIES COLLEGE OF MEDICINE, THE MEDICAL COLLEGE OF
OHIO AT TOLEDO, ANY COMMUNITY COLLEGE
UNDER CHAPTER 3354. OF THE REVISED
CODE, ANY UNIVERSITY BRANCH
DISTRICT UNDER CHAPTER 3355. OF
THE REVISED
CODE, ANY TECHNICAL COLLEGE
UNDER CHAPTER 3357. OF THE
REVISED
CODE, AND ANY STATE COMMUNITY
COLLEGE UNDER CHAPTER 3358. OF
THE REVISED
CODE.
THE OHIO BOARD OF REGENTS
SHALL WORK WITH THE ATTORNEY GENERAL,
THE AUDITOR OF STATE, AND
THE OHIO ETHICS COMMISSION TO DEVELOP
A MODEL FOR TRAINING MEMBERS OF THE BOARDS OF TRUSTEES OF ALL STATE
UNIVERSITIES AND COLLEGES AND MEMBERS OF THE BOARD OF
REGENTS REGARDING THE AUTHORITY AND RESPONSIBILITIES OF A BOARD
OF TRUSTEES OR THE BOARD OF REGENTS. THIS MODEL SHALL INCLUDE A REVIEW OF
FIDUCIARY RESPONSIBILITIES, ETHICS, AND FISCAL MANAGEMENT. USE OF THIS MODEL
BY MEMBERS OF BOARDS OF
TRUSTEES AND THE BOARD OF REGENTS SHALL BE VOLUNTARY.
THIS SECTION DOES NOT APPLY TO THE THREE MEMBERS OF THE
BOARD OF TRUSTEES OF THE NORTHEASTERN
OHIO UNIVERSITIES COLLEGE OF
MEDICINE WHO ARE PRESIDENTS OF STATE UNIVERSITIES.
Sec. 3345.011. "State university" means a public institution of higher
education which is a body politic and corporate. Each of the following
institutions of higher education shall be recognized as a state university:
university of Akron, Bowling Green state university, Central state university,
university of Cincinnati, Cleveland state university, Kent state university,
Miami university, Ohio university, Ohio state university, Shawnee state
university, university of Toledo, Wright state university, and Youngstown
state university.
"STATE INSTITUTION OF HIGHER EDUCATION" MEANS ANY STATE UNIVERSITY
OR
COLLEGE AS DEFINED IN DIVISION (A)(1) OF SECTION 3345.12 of the Revised Code,
COMMUNITY COLLEGE, STATE COMMUNITY COLLEGE, UNIVERSITY BRANCH ESTABLISHED
UNDER CHAPTER 3355. of the Revised Code, OR TECHNICAL COLLEGE.
Sec. 3345.09. For purpose of this section, American sign language is hereby
recognized as a foreign language, and any state institution of higher
education may offer a course in American sign language. An undergraduate
student who successfully completes a course in American sign language is
entitled to receive credit for that course toward satisfaction of an
undergraduate foreign language requirement of the state institution of higher
education where the course is offered. As used in this section, "state
institution of higher education" has the same meaning as in section
3345.031 3345.011
of
the Revised Code.
Sec. 3345.61. As used in this section and sections 3345.62
to 3345.66 of the Revised Code:
(A) "Board of trustees of a state institution of higher
education" means the board of trustees of a state institution of
higher education as defined in section 3345.031 3345.011 of
the Revised
Code.
(B) "Energy conservation measure" means an installation or
modification of an installation in, or a remodeling of, an
existing building in order to reduce energy consumption and
operating costs. The term includes:
(1) Installation or modification of insulation in the
building structure and systems within the building;
(2) Installation or modification of storm windows and
doors, multiglazed windows and doors, and heat absorbing or heat
reflective glazed and coated window and door systems;
installation of additional glazing; reductions in glass area; and
other window and door system modifications that reduce energy
consumption and operating costs;
(3) Installation or modification of automatic energy
control systems;
(4) Replacement or modification of heating, ventilating,
or air conditioning systems;
(5) Application of caulking and weatherstripping;
(6) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such increase in
illumination is necessary to conform to the applicable state or
local building code for the proposed lighting system;
(7) Installation or modification of energy recovery
systems;
(8) Installation or modification of cogeneration systems
that produce steam or forms of energy such as heat, as well as
electricity, for use primarily within a building or complex of
buildings;
(9) Any other modification, installation, or remodeling
approved by the board of trustees of a state institution of
higher education as an energy conservation measure for one or
more buildings owned by the institution.
(C) "Energy saving measure" means the acquisition and
installation, by purchase, lease, lease-purchase, lease with an
option to buy, or installment purchase, of an energy conservation
measure and any attendant architectural and engineering
consulting services.
Sec. 3345.71. AS USED IN SECTIONS
3345.72 TO 3345.77 OF THE
REVISED
CODE:
(A) "STATE UNIVERSITY OR
COLLEGE" MEANS ANY STATE UNIVERSITY LISTED IN SECTION 3345.011
OF THE REVISED
CODE, THE NORTHEASTERN
OHIO UNIVERSITIES COLLEGE OF
MEDICINE, THE MEDICAL COLLEGE OF
OHIO AT
TOLEDO, ANY COMMUNITY COLLEGE
UNDER CHAPTER 3354. OF THE
REVISED
CODE, ANY TECHNICAL COLLEGE
UNDER CHAPTER 3357. OF THE
REVISED
CODE, AND ANY STATE COMMUNITY
COLLEGE UNDER CHAPTER 3358. OF
THE REVISED
CODE.
(B) "FISCAL WATCH" MEANS
THE EXISTENCE OF A FISCAL WATCH DECLARED UNDER SECTION 3345.72
OF THE REVISED
CODE.
Sec. 3345.72. (A) THE OFFICE OF BUDGET AND MANAGEMENT SHALL WORK
WITH THE AUDITOR OF STATE, THE OHIO BOARD OF REGENTS, AND TWO
REPRESENTATIVES OF STATE UNIVERSITIES AND COLLEGES APPOINTED BY THE CHANCELLOR
OF THE BOARD OF REGENTS TO DEVELOP RULES UNDER THIS DIVISION, AND SHALL
ADOPT THE RULES IN ACCORDANCE WITH SECTION 111.15 of the Revised Code. ONE OF THE
CHANCELLOR'S APPOINTMENTS SHALL REPRESENT A FOUR-YEAR INSTITUTION AND ONE A
TWO-YEAR INSTITUTION. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING:
(1) CRITERIA FOR DETERMINING WHEN TO DECLARE A STATE
UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH, WHICH CRITERIA SHALL INCLUDE ALL
OF THE FOLLOWING:
(a) A
REQUIREMENT FOR THE SUBMISSION OF A QUARTERLY REPORT FROM EACH STATE
UNIVERSITY OR COLLEGE, WITHIN THIRTY DAYS AFTER THE END OF EACH CALENDAR
QUARTER, TO THE BOARD OF REGENTS, THE DIRECTOR OF BUDGET AND MANAGEMENT, THE
LEGISLATIVE BUDGET OFFICE OF THE
LEGISLATIVE SERVICE COMMISSION, AND THE CHAIRPERSONS AND RANKING MINORITY
MEMBERS OF THE FINANCE COMMITTEES
OF THE HOUSE OF REPRESENTATIVES AND THE SENATE;
(b) A REQUIREMENT THAT EACH STATE UNIVERSITY AND COLLEGE SHALL
PREPARE AT THE END OF EACH FISCAL YEAR A FINANCIAL STATEMENT CONSISTENT WITH
AUDIT REQUIREMENTS PRESCRIBED BY THE AUDITOR OF STATE, AND SHALL SUBMIT THE
FINANCIAL STATEMENT TO THE AUDITOR OF STATE WITHIN FOUR MONTHS AFTER THE END
OF
THE FISCAL YEAR;
(c) A REQUIREMENT THAT THE AUDITOR OF STATE SHALL SEND WRITTEN
NOTICE TO THE AGENCIES AND PERSONS MENTIONED IN DIVISION
(A)(1)(a) OF THIS SECTION
IF A STATE UNIVERSITY OR COLLEGE FAILS TO SUBMIT ITS FINANCIAL STATEMENT
WITHIN
THE TIME REQUIRED UNDER DIVISION
(A)(1)(b) OF THIS
SECTION;
(d) A REQUIREMENT THAT THE AUDITOR OF STATE SHALL SEND WRITTEN
NOTICE TO THE AGENCIES AND PERSONS MENTIONED IN DIVISION
(A)(1)(a) OF THIS SECTION
IF AN AUDIT OF A STATE UNIVERSITY OR COLLEGE REVEALS ANY OF THE
FOLLOWING:
(i) SUBSTANTIVE AUDIT FINDINGS, SUCH AS AN INABILITY TO MAKE
TIMELY PAYMENTS TO VENDORS, DELAYS IN PENSION RETIREMENT CONTRIBUTIONS, OR
REQUESTS FOR ADVANCED STATE FUNDING;
(ii) A SIGNIFICANT VARIANCE BETWEEN BUDGETED AND ACTUAL SPENDING
FOR A FISCAL YEAR;
(iii) A SIGNIFICANT OPERATING BUDGET DEFICIT FOR A FISCAL
YEAR.
(2) ACTIONS TO BE TAKEN BY THE BOARD OF TRUSTEES OF A
STATE UNIVERSITY OR COLLEGE WHILE UNDER A FISCAL WATCH;
(3) CRITERIA FOR DETERMINING WHEN TO DECLARE THE
TERMINATION OF THE FISCAL WATCH OF A STATE UNIVERSITY OR
COLLEGE;
(4) THE FISCAL INFORMATION TO BE REPORTED TO THE BOARD OF
REGENTS BY EACH STATE UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH
FOR PURPOSES OF MAKING DETERMINATIONS UNDER DIVISION
(D) OF THIS SECTION AND
DIVISION (A) OF SECTION 3345.74
OF THE REVISED
CODE, AND THE FREQUENCY AND
DEADLINES FOR REPORTING THIS INFORMATION.
(B) THE BOARD OF REGENTS
SHALL ADOPT A RESOLUTION DECLARING A STATE UNIVERSITY OR COLLEGE
TO BE IN A STATE OF FISCAL WATCH IF THE BOARD OF REGENTS
DETERMINES THAT THE CRITERIA ADOPTED UNDER DIVISION
(A)(1) OF THIS SECTION ARE
SATISFIED WITH RESPECT TO THAT STATE UNIVERSITY OR
COLLEGE. FOR PURPOSES OF MAKING THIS DETERMINATION, THE BOARD OF REGENTS
SHALL ESTABLISH A FINANCIAL TRACKING SYSTEM AND SHALL USE THE SYSTEM TO
REGULARLY ASSESS EACH STATE UNIVERSITY OR COLLEGE WITH RESPECT TO THE CRITERIA
ADOPTED UNDER DIVISION (A)(1) OF THIS SECTION.
(C) WHILE A STATE
UNIVERSITY OR COLLEGE IS UNDER A FISCAL WATCH, THE BOARD OF
TRUSTEES OF THE UNIVERSITY OR COLLEGE SHALL TAKE THE ACTIONS AND
REPORT THE FISCAL INFORMATION PRESCRIBED UNDER DIVISIONS
(A)(2) AND (4) OF THIS
SECTION.
(D) THE BOARD OF REGENTS
SHALL ADOPT A RESOLUTION DECLARING THE TERMINATION OF THE FISCAL
WATCH OF A STATE UNIVERSITY OR COLLEGE IF THE BOARD OF REGENTS
DETERMINES THAT THE CRITERIA ADOPTED UNDER DIVISION
(A)(3) OF THIS SECTION ARE
SATISFIED WITH RESPECT TO THAT STATE UNIVERSITY OR
COLLEGE.
(E) IN MAKING ASSESSMENTS AND DETERMINATIONS UNDER DIVISION
(B) OR (D) OF THIS SECTION, THE BOARD
OF REGENTS SHALL USE FINANCIAL REPORTS REQUIRED UNDER SECTION
3345.05 OF THE
REVISED
CODE OR ANY OTHER DOCUMENTS,
RECORDS, OR INFORMATION AVAILABLE TO IT OR THE
AUDITOR OF STATE RELATED TO THE CRITERIA ADOPTED UNDER DIVISION
(A)(1) OR (3) OF THIS SECTION.
IN MAKING DETERMINATIONS UNDER DIVISION
(D) OF THIS SECTION, THE BOARD
OF REGENTS SHALL ALSO USE THE FISCAL INFORMATION REPORTED UNDER
DIVISION (C) OF THIS
SECTION.
(F) THE BOARD OF REGENTS
SHALL CERTIFY EACH ACTION TAKEN UNDER DIVISION
(B) OR
(D) OF THIS SECTION TO THE
GOVERNOR, THE DIRECTOR OF BUDGET AND MANAGEMENT, THE SPEAKER AND MINORITY
LEADER OF
THE HOUSE OF REPRESENTATIVES, THE PRESIDENT AND MINORITY LEADER OF THE
SENATE, THE LEGISLATIVE BUDGET OFFICE OF THE LEGISLATIVE SERVICE COMMISSION,
AND THE CHAIRPERSONS AND RANKING MINORITY MEMBERS OF THE FINANCE COMMITTEES OF
THE HOUSE AND SENATE.
(G) A DETERMINATION BY
THE BOARD OF REGENTS UNDER THIS SECTION THAT A FISCAL WATCH
EXISTS OR DOES NOT EXIST, OR THAT A FISCAL WATCH IS TERMINATED OR
IS NOT TERMINATED, IS FINAL AND CONCLUSIVE AND NOT
APPEALABLE.
(H) IF A STATE UNIVERSITY OR COLLEGE FAILS TO SUBMIT THE
QUARTERLY REPORT REQUIRED UNDER DIVISION (A)(1) OF THIS SECTION
WITHIN THIRTY DAYS AFTER THE END OF A CALENDAR QUARTER, THE BOARD OF REGENTS
SHALL WITHHOLD PAYMENT OF ANY INSTRUCTIONAL SUBSIDIES TO THE UNIVERSITY OR
COLLEGE UNTIL IT SUBMITS THE REPORT. UPON SUBMISSION OF THE REPORT, THE BOARD
OF REGENTS SHALL PAY THE WITHHELD SUBSIDIES TO THE UNIVERSITY OR COLLEGE.
Sec. 3345.73. THE
OFFICE OF BUDGET AND MANAGEMENT SHALL WORK WITH THE AUDITOR OF STATE, THE
OHIO BOARD OF REGENTS, AND TWO REPRESENTATIVES OF STATE UNIVERSITIES
AND COLLEGES APPOINTED BY THE CHANCELLOR OF THE BOARD OF REGENTS TO DEVELOP
RULES UNDER THIS SECTION, AND SHALL
ADOPT THE RULES IN ACCORDANCE WITH SECTION 111.15 of the Revised Code. ONE OF
THE CHANCELLOR'S APPOINTMENTS SHALL REPRESENT A FOUR-YEAR INSTITUTION AND ONE
A TWO-YEAR INSTITUTION. THE RULES SHALL ESTABLISH THE FOLLOWING:
(A) THE FINANCIAL INDICATORS AND THE STANDARDS FOR USING
THOSE INDICATORS THAT THE BOARD OF REGENTS IS TO EMPLOY TO
DETERMINE WHETHER A UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH
IS EXPERIENCING SUFFICIENT FISCAL DIFFICULTIES TO WARRANT
APPOINTING A CONSERVATOR UNDER SECTION 3345.74 OF THE
REVISED
CODE;
(B) THE FINANCIAL INDICATORS AND THE STANDARDS FOR USING
THOSE INDICATORS THAT A GOVERNANCE AUTHORITY ESTABLISHED FOR A
STATE UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE
REVISED
CODE IS TO EMPLOY TO DETERMINE
WHETHER THE UNIVERSITY OR COLLEGE IS EXPERIENCING SUFFICIENT
FISCAL STABILITY TO WARRANT TERMINATING THAT GOVERNANCE
AUTHORITY IN ACCORDANCE WITH SECTION 3345.76 OF THE
REVISED
CODE.
THE INDICATORS AND
STANDARDS ADOPTED UNDER THIS SECTION SHALL BE DESIGNED SO AS TO
TAKE INTO ACCOUNT AT LEAST THE REVENUES, EXPENDITURES, ASSETS,
LIABILITIES, AND FUND BALANCES OF A STATE UNIVERSITY OR COLLEGE,
AND SHALL BE DESIGNED SO AS TO INDICATE THE FINANCIAL
PERFORMANCE AND POSITION OF A STATE UNIVERSITY OR
COLLEGE.
Sec. 3345.74. (A) THE
OHIO BOARD OF REGENTS AT
LEAST ANNUALLY SHALL APPLY THE INDICATORS AND STANDARDS ADOPTED UNDER
DIVISION (A) OF SECTION
3345.73 OF THE REVISED
CODE TO DETERMINE WHETHER A
STATE UNIVERSITY OR COLLEGE UNDER A FISCAL WATCH IS EXPERIENCING
SUFFICIENT FISCAL DIFFICULTIES TO WARRANT THE APPOINTMENT OF A
CONSERVATOR UNDER THIS SECTION. UPON MAKING A DETERMINATION
THAT APPOINTMENT OF A CONSERVATOR IS WARRANTED, THE BOARD OF
REGENTS SHALL REQUEST FROM THE OFFICE OF BUDGET AND MANAGEMENT, WHICH SHALL
PROVIDE, CERTIFICATION THAT SUFFICIENT FISCAL DIFFICULTIES EXIST TO WARRANT
APPOINTMENT OF A CONSERVATOR. THE BOARD OF REGENTS SHALL THEN CERTIFY THIS
DETERMINATION TO THE GOVERNOR.
NOTWITHSTANDING SECTION 3333.021 OF THE
REVISED
CODE, THAT SECTION DOES NOT
APPLY TO CERTIFICATION BY THE BOARD OF REGENTS UNDER THIS
SECTION OR TO THE DECLARATION OF A FISCAL WATCH UNDER SECTION 3345.72
of the Revised Code.
A DETERMINATION BY THE BOARD OF REGENTS UNDER THIS
DIVISION THAT SUFFICIENT FISCAL DIFFICULTIES EXIST OR DO NOT
EXIST TO WARRANT APPOINTING A CONSERVATOR IS
FINAL AND CONCLUSIVE AND NOT APPEALABLE.
(B) THE GOVERNOR MAY
APPOINT A CONSERVATOR FOR ANY
STATE UNIVERSITY OR COLLEGE UNDER
A FISCAL WATCH, UPON CERTIFICATION BY THE
OHIO BOARD OF REGENTS UNDER
DIVISION (A) OF THIS SECTION
THAT THE APPOINTMENT IS WARRANTED. THE GOVERNOR SHALL CONSULT WITH THE
SPEAKER AMD MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT
AND MINORITY LEADER OF THE SENATE BEFORE
MAKING THE APPOINTMENT. FROM THE TIME A CONSERVATOR IS APPOINTED
UNTIL THE TIME THE GOVERNOR ISSUES AN ORDER TERMINATING THE GOVERNANCE
AUTHORITY UNDER DIVISION (B) OF SECTION 3345.76 of the Revised Code, THE GOVERNOR
MAY REMOVE ANY MEMBER OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OR
COLLEGE FROM OFFICE AND NOT FILL THE VACANCY.
(C) UPON APPOINTMENT OF
A CONSERVATOR UNDER THIS SECTION FOR A STATE UNIVERSITY OR
COLLEGE, ALL OF THE FOLLOWING SHALL OCCUR EFFECTIVE
IMMEDIATELY:
(1) ALL DUTIES, RESPONSIBILITIES, AND POWERS OF THE BOARD OF TRUSTEES OF
THE UNIVERSITY OR
COLLEGE ARE SUSPENDED;
(2) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR
COLLEGE IS ASSUMED BY THE CONSERVATOR;
(3) NOTWITHSTANDING ANY SECTION OF THE
REVISED
CODE, ALL DUTIES,
RESPONSIBILITIES, AND POWERS ASSIGNED BY LAW TO THE BOARD OF
TRUSTEES ARE ASSIGNED TO THE
CONSERVATOR, AND THE CONSERVATOR BECOMES THE SUCCESSOR TO,
ASSUMES THE LAWFUL OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE
CONTINUATION OF THE BOARD OF TRUSTEES FOR PURPOSES OF ALL
PENDING LEGAL ACTIONS, CONTRACTS OR OTHER AGREEMENTS, AND
OBLIGATIONS OF THE UNIVERSITY OR COLLEGE;
(4) WHEREVER THE BOARD OF TRUSTEES IS REFERRED TO IN ANY CONTRACT OR LEGAL
DOCUMENT, THE
REFERENCE IS DEEMED TO REFER TO THE CONSERVATOR. NO VALIDATION,
CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY IS LOST
OR IMPAIRED BY REASON OF THE ASSUMPTION OF THE BOARD'S AUTHORITY
BY THE CONSERVATOR UNDER THIS SECTION AND ANY SUCH VALIDATION,
CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR LIABILITY SHALL
BE ADMINISTERED BY THE CONSERVATOR. NO ACTION OR PROCEEDING
PENDING ON THE EFFECTIVE DATE OF THE ASSUMPTION BY THE
CONSERVATOR OF THE BOARD'S AUTHORITY IS AFFECTED BY THAT
ASSUMPTION AND ANY SUCH ACTION OR PROCEEDING SHALL BE PROSECUTED
OR DEFENDED IN THE NAME OF THE CONSERVATOR.
(5) THE CONSERVATOR ASSUMES CUSTODY OF ALL EQUIPMENT,
RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL OR PERSONAL OF THE STATE
UNIVERSITY OR COLLEGE;
(6) ALL AUTHORITY AND DUTIES OF THE PRESIDENT OR CHIEF EXECUTIVE OFFICER,
AND THE PAY OF THE PRESIDENT OR CHIEF EXECUTIVE OFFICER,
ARE SUSPENDED.
(D) THE CONSERVATOR FOR A STATE UNIVERSITY OR COLLEGE SHALL
CONDUCT A
PRELIMINARY PERFORMANCE EVALUATION OF THE PRESIDENT OR CHIEF EXECUTIVE
OFFICER OF THE UNIVERSITY OR COLLEGE AND PROVIDE A COPY OF FINDINGS AND ANY
RECOMMENDATIONS TO
THE GOVERNANCE AUTHORITY ESTABLISHED FOR THE UNIVERSITY OR
COLLEGE UNDER SECTION 3345.75 OF THE
REVISED
CODE.
(E) A CONSERVATOR APPOINTED UNDER THIS SECTION SHALL BE
IMMUNE, INDEMNIFIED, AND HELD HARMLESS FROM CIVIL LIABILITY,
INCLUDING ANY CAUSE OF ACTION, LEGAL, EQUITABLE, OR OTHERWISE,
FOR ANY ACTION TAKEN OR DUTIES PERFORMED BY THE CONSERVATOR IN
GOOD FAITH AND IN FURTHERANCE OF THE PERFORMANCE OF THE DUTIES
OF THE CONSERVATOR UNDER THIS SECTION.
(F) THE GOVERNOR SHALL
SET THE COMPENSATION FOR A CONSERVATOR APPOINTED FOR A STATE
UNIVERSITY OR COLLEGE. THE EXPENSES AND COMPENSATION OF THE
CONSERVATOR AND OTHERS EMPLOYED BY THE CONSERVATOR SHALL BE PAID
OUT OF THE OPERATING FUNDS AND REVENUES OF THAT UNIVERSITY OR
COLLEGE.
Sec. 3345.75. (A) NOT
LATER THAN THIRTY DAYS AFTER THE DATE OF THE APPOINTMENT OF A
CONSERVATOR FOR A STATE UNIVERSITY OR COLLEGE UNDER SECTION
3345.74 OF THE REVISED
CODE, THE GOVERNOR SHALL
APPOINT, WITH THE ADVICE AND CONSENT OF THE SENATE, A GOVERNANCE
AUTHORITY FOR THE UNIVERSITY OR COLLEGE CONSISTING OF FIVE
MEMBERS. THE MEMBERS SHALL SERVE AT THE PLEASURE OF THE
GOVERNOR AND ANY VACANCIES SHALL BE FILLED IN THE SAME MANNER AS
AN ORIGINAL APPOINTMENT.
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE
GOVERNANCE AUTHORITY AS THE CHAIRPERSON AND SHALL CALL THE FIRST
MEETING OF THE AUTHORITY. A MAJORITY OF THE MEMBERS OF A
GOVERNANCE AUTHORITY CONSTITUTES A QUORUM AND THE AFFIRMATIVE
VOTE OF A MAJORITY OF THE MEMBERS SHALL BE NECESSARY FOR ANY ACTION
TAKEN BY AN AUTHORITY. MEETINGS OF A GOVERNANCE AUTHORITY SHALL
BE CALLED IN THE MANNER AND AT THE TIMES PRESCRIBED BY THE
AUTHORITY, BUT THE AUTHORITY SHALL MEET AT LEAST FOUR TIMES
ANNUALLY AND AT OTHER TIMES NECESSARY FOR THE BEST INTEREST OF
THE UNIVERSITY OR COLLEGE. A GOVERNANCE AUTHORITY MAY ADOPT
PROCEDURES FOR THE CONDUCT OF ITS BUSINESS.
THE MEMBERS OF A GOVERNANCE AUTHORITY SHALL NOT RECEIVE
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE PAID THEIR
REASONABLE AND NECESSARY EXPENSES WHILE ENGAGED IN THE DISCHARGE
OF THEIR OFFICIAL DUTIES.
(B)(1) A GOVERNANCE
AUTHORITY ESTABLISHED UNDER THIS SECTION SHALL APPOINT AN
EXECUTIVE DIRECTOR WHO SHALL SERVE AT THE PLEASURE OF THE
AUTHORITY AND WITH THE COMPENSATION AND OTHER TERMS AND
CONDITIONS ESTABLISHED BY IT. WITH THE APPROVAL OF THE
CHAIRPERSON OF THE AUTHORITY, THE EXECUTIVE DIRECTOR MAY APPOINT
ADDITIONAL PERSONNEL AS THE DIRECTOR CONSIDERS APPROPRIATE. THE
EXECUTIVE DIRECTOR SHALL OVERSEE THE DAY-TO-DAY OPERATION OF THE
UNIVERSITY OR COLLEGE UNDER THE DIRECTION AND SUPERVISION OF THE
AUTHORITY.
(2) THE GOVERNANCE AUTHORITY SHALL CONDUCT A FINAL PERFORMANCE
EVALUATION OF THE PRESIDENT OR CHIEF EXECUTIVE OFFICER OF THE
UNIVERSITY OR COLLEGE. FOLLOWING THE EVALUATION, THE
GOVERNANCE AUTHORITY
MAY REINSTATE ANY DUTIES, AUTHORITY, OR PAY
PREVIOUSLY SUSPENDED UNDER DIVISION (C)(6) OF SECTION
3345.74 of the Revised Code, OR MAY TERMINATE THE PRESIDENT OR CHIEF EXECUTIVE OFFICER IN
ACCORDANCE WITH THE TERMS OF THE PERSON'S EMPLOYMENT CONTRACT.
(C) UPON APPOINTMENT OF
ALL MEMBERS OF A GOVERNANCE AUTHORITY UNDER THIS SECTION AND UPON THE
EFFECTIVE DATE FOR THE
COMMENCEMENT OF THE DUTIES OF THE EXECUTIVE DIRECTOR APPOINTED
BY THAT AUTHORITY UNDER THIS SECTION, ALL AUTHORITY,
RESPONSIBILITIES, DUTIES, AND REFERENCES ASSUMED BY OR CONFERRED
UPON THE CONSERVATOR UNDER
DIVISIONS (C)(2) TO (6) OF
SECTION 3345.74 OF THE REVISED
CODE TERMINATE AND ALL OF
THE FOLLOWING SHALL OCCUR, EFFECTIVE IMMEDIATELY:
(1) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR
COLLEGE IS ASSUMED BY THE GOVERNANCE AUTHORITY;
(2) NOTWITHSTANDING ANY SECTION OF THE
REVISED
CODE, ALL DUTIES,
RESPONSIBILITIES, AND POWERS ASSIGNED BY LAW TO THE BOARD OF
TRUSTEES OR TO THE CONSERVATOR ARE ASSIGNED TO THE GOVERNANCE AUTHORITY AND
THE GOVERNANCE AUTHORITY BECOMES THE SUCCESSOR TO, ASSUMES THE LAWFUL
OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE CONTINUATION OF
THE BOARD OF TRUSTEES AND THE CONSERVATOR FOR PURPOSES OF ALL
PENDING LEGAL ACTIONS, CONTRACTS OR OTHER AGREEMENTS, AND
OBLIGATIONS OF THE UNIVERSITY OR COLLEGE;
(3) WHEREVER THE BOARD OF TRUSTEES OR CONSERVATOR IS REFERRED TO IN ANY
CONTRACT OR LEGAL
DOCUMENT, THE REFERENCE IS DEEMED TO REFER TO THE GOVERNANCE
AUTHORITY. NO VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY,
OBLIGATION, OR LIABILITY IS LOST OR IMPAIRED BY REASON OF THE
ASSUMPTION OF THE AUTHORITY OF THE BOARD OF TRUSTEES AND THE
CONSERVATOR BY THE GOVERNANCE AUTHORITY UNDER THIS SECTION AND
ANY SUCH VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION,
OR LIABILITY SHALL BE ADMINISTERED BY THE GOVERNANCE AUTHORITY.
NO ACTION OR PROCEEDING PENDING ON THE EFFECTIVE DATE OF THE
ASSUMPTION BY THE GOVERNANCE AUTHORITY OF THE AUTHORITY OF THE
BOARD OF TRUSTEES AND THE CONSERVATOR IS AFFECTED BY THAT
ASSUMPTION AND ANY SUCH ACTION OR PROCEEDING SHALL BE PROSECUTED
OR DEFENDED IN THE NAME OF THE GOVERNANCE AUTHORITY.
(4) THE GOVERNANCE AUTHORITY ASSUMES CUSTODY OF ALL
EQUIPMENT, RECORDS, FILES, EFFECTS, AND ALL OTHER PROPERTY REAL OR PERSONAL OF
THE
STATE UNIVERSITY OR COLLEGE.
(D) A GOVERNANCE AUTHORITY AND EXECUTIVE
DIRECTOR APPOINTED UNDER THIS SECTION SHALL BE IMMUNE,
INDEMNIFIED, AND HELD HARMLESS FROM CIVIL LIABILITY, INCLUDING
ANY CAUSE OF ACTION, LEGAL, EQUITABLE, OR OTHERWISE, FOR ANY
ACTION TAKEN OR DUTIES PERFORMED BY THE GOVERNANCE
AUTHORITY AND EXECUTIVE DIRECTOR IN GOOD FAITH AND IN
FURTHERANCE OF THE PERFORMANCE OF THE DUTIES OF THE
GOVERNANCE AUTHORITY AND EXECUTIVE DIRECTOR UNDER THIS
SECTION.
(E) THE EXPENSES
OF A GOVERNANCE AUTHORITY AND THE EXPENSES AND COMPENSATION OF AN EXECUTIVE
DIRECTOR APPOINTED FOR A STATE UNIVERSITY OR COLLEGE UNDER THIS SECTION
AND OTHERS EMPLOYED BY THE EXECUTIVE DIRECTOR UNDER THIS SECTION
SHALL BE PAID OUT OF THE OPERATING FUNDS AND REVENUES OF THAT
UNIVERSITY OR COLLEGE.
(F) A GOVERNANCE
AUTHORITY APPOINTED UNDER THIS SECTION
SHALL PREPARE, IN ACCORDANCE WITH RULES ADOPTED BY THE OFFICE OF
BUDGET AND MANAGEMENT, AND SUBMIT TO THE
BOARD OF REGENTS, THE
GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND
THE
PRESIDENT AND MINORITY LEADER OF THE SENATE A QUARTERLY REPORT SETTING FORTH
ALL OF
THE FOLLOWING:
(1) THE GENERAL CONDITION OF THE UNIVERSITY OR
COLLEGE;
(2) THE AMOUNTS OF RECEIPTS AND DISBURSEMENTS AND THE ITEMS FOR WHICH
THE DISBURSEMENTS WERE MADE;
(3) THE NUMBERS OF PROFESSORS, OFFICERS, TEACHERS, AND
OTHER EMPLOYEES AND THE POSITION AND COMPENSATION OF EACH AND
THE NUMBERS OF STUDENTS BY COURSES OF INSTRUCTION;
(4) AN ESTIMATE OF EXPENSES FOR THE ENSUING
QUARTER;
(5) A STATEMENT OF THE GENERAL PROGRESS OF THE UNIVERSITY
OR COLLEGE WITH INDICATION OF ANY IMPROVEMENTS AND SPECIFICATION
OF ANY EXPERIMENTS WITH INSTITUTIONAL REFORM AND THE COSTS AND
RESULTS OF THOSE EXPERIMENTS;
(6) ANY OTHER MATTERS THE GOVERNANCE AUTHORITY CONSIDERS
USEFUL TO REPORT.
(G) THE ATTORNEY
GENERAL SHALL BE THE LEGAL ADVISER TO THE CONSERVATOR AND THE
GOVERNANCE AUTHORITY, AND THE ATTORNEY GENERAL MAY EMPLOY
SPECIAL COUNSEL TO AID THE CONSERVATOR OR GOVERNANCE AUTHORITY
WITH RESPECT TO ANY LEGAL MATTER ON BEHALF OF THE INSTITUTION.
THE CONSERVATOR AND THE GOVERNANCE AUTHORITY MAY AS OTHERWISE
PROVIDED BY LAW REQUEST THE ATTORNEY GENERAL TO BRING OR DEFEND
SUITS OR PROCEEDINGS IN THE NAME OF THE INSTITUTION.
Sec. 3345.76. (A) A
GOVERNANCE AUTHORITY APPOINTED FOR A STATE UNIVERSITY OR COLLEGE
UNDER SECTION 3345.75 OF THE
REVISED
CODE AT LEAST ANNUALLY SHALL
APPLY THE INDICATORS AND STANDARDS ADOPTED UNDER DIVISION
(B) OF SECTION 3345.73 OF
THE REVISED
CODE TO DETERMINE WHETHER THE
UNIVERSITY OR COLLEGE IS EXPERIENCING SUFFICIENT FISCAL
STABILITY TO WARRANT TERMINATING THAT GOVERNANCE AUTHORITY IN
ACCORDANCE WITH THIS SECTION. UPON MAKING A DETERMINATION THAT
TERMINATION OF THE GOVERNANCE AUTHORITY IS WARRANTED, THE
GOVERNANCE AUTHORITY SHALL CERTIFY THIS DETERMINATION TO THE
GOVERNOR.
A DETERMINATION BY A GOVERNANCE AUTHORITY UNDER THIS
DIVISION THAT SUFFICIENT FISCAL STABILITY EXISTS OR DOES NOT
EXIST TO WARRANT TERMINATING THAT GOVERNANCE
AUTHORITY IS FINAL AND CONCLUSIVE AND NOT APPEALABLE.
(B) THE GOVERNOR MAY
ISSUE AN ORDER, EFFECTIVE AS PROVIDED UNDER DIVISION
(D) OF THIS SECTION,
TERMINATING THE GOVERNANCE AUTHORITY APPOINTED UNDER 3345.75 OF
THE REVISED
CODE, UPON THE OCCURRENCE OF EITHER OF THE FOLLOWING:
(1) CERTIFICATION BY THE GOVERNANCE AUTHORITY FOR THAT
STATE UNIVERSITY OR COLLEGE THE TERMINATION OF THAT GOVERNANCE
AUTHORITY IS WARRANTED;
(2) A FINDING THAT IN THE GOVERNOR'S OPINION
TERMINATION OF THE GOVERNANCE AUTHORITY IS IN THE BEST INTERESTS
OF THE STATE, THAT STATE UNIVERSITY OR COLLEGE, AND THE STUDENTS
OF THAT STATE UNIVERSITY OR COLLEGE.
(C) UPON ISSUANCE OF AN
ORDER UNDER DIVISION (B) OF
THIS SECTION,
THE GOVERNOR SHALL FILL EACH VACANCY ON THE BOARD OF TRUSTEES OF THE
UNIVERSITY OR COLLEGE FOR THE UNEXPIRED PORTION OF THE MEMBER'S TERM OR, IF
THE TERM FOR THE MEMBER HAS ALREADY EXPIRED, FOR THE UNEXPIRED PORTION OF THE
SUCCEEDING TERM.
(D) THIRTY DAYS AFTER
THE DATE ON WHICH THE OHIO
BOARD OF REGENTS DETERMINES THAT ALL VACANCIES ON THE BOARD OF
TRUSTEES HAVE BEEN FILLED, ALL
AUTHORITY, RESPONSIBILITIES, DUTIES, AND REFERENCES ASSUMED BY
OR CONFERRED UPON THE GOVERNANCE AUTHORITY OF THAT UNIVERSITY OR
COLLEGE UNDER DIVISION (C)
OF SECTION 3345.75 OF THE
REVISED
CODE TERMINATE AND ALL OF
THE FOLLOWING SHALL OCCUR:
(1) THE MANAGEMENT AND CONTROL OF THE STATE UNIVERSITY OR
COLLEGE BY THE BOARD OF TRUSTEES SHALL BE RESUMED;
(2) THE BOARD BECOMES THE SUCCESSOR TO, ASSUMES THE LAWFUL
OBLIGATIONS OF, AND OTHERWISE CONSTITUTES THE CONTINUATION OF
THE CONSERVATOR AND THE
GOVERNANCE AUTHORITY FOR PURPOSES
OF ALL PENDING LEGAL ACTIONS, CONTRACTS OR OTHER AGREEMENTS, AND
OBLIGATIONS OF THE UNIVERSITY OR COLLEGE;
(3) WHEREVER THE
CONSERVATOR OR THE GOVERNANCE AUTHORITY IS REFERRED TO IN ANY CONTRACT OR
LEGAL DOCUMENT, THE
REFERENCE IS DEEMED TO REFER TO THE BOARD OF TRUSTEES. NO VALIDATION, CURE,
RIGHT, PRIVILEGE,
REMEDY, OBLIGATION, OR LIABILITY IS LOST OR IMPAIRED BY REASON
OF THE RESUMPTION BY THE BOARD OF TRUSTEES
OF THE AUTHORITY OF THE
CONSERVATOR AND THE GOVERNANCE AUTHORITY, AND ANY SUCH
VALIDATION, CURE, RIGHT, PRIVILEGE, REMEDY, OBLIGATION, OR
LIABILITY SHALL BE ADMINISTERED BY THE BOARD OF TRUSTEES. NO ACTION OR
PROCEEDING PENDING
ON THE EFFECTIVE DATE OF THE RESUMPTION BY THE BOARD OF TRUSTEES
OF THE AUTHORITY OF
THE CONSERVATOR AND THE GOVERNANCE AUTHORITY
IS AFFECTED BY THAT RESUMPTION, AND ANY SUCH ACTION OR PROCEEDING
SHALL BE PROSECUTED OR DEFENDED IN THE NAME OF THE BOARD OF
TRUSTEES.
(4) THE BOARD OF TRUSTEES
RESUMES CUSTODY OF ALL EQUIPMENT, RECORDS, FILES, EFFECTS, AND ALL
OTHER PROPERTY REAL OR PERSONAL OF THE STATE UNIVERSITY OR COLLEGE;
(5) EMPLOYMENT OF THE EXECUTIVE DIRECTOR APPOINTED FOR
THE UNIVERSITY OR COLLEGE UNDER SECTION 3345.75 OF THE
REVISED
CODE IS TERMINATED;
(6) THE DUTIES, AUTHORITY, AND PAY OF THE PRESIDENT OR CHIEF EXECUTIVE
OFFICER
OF
THE UNIVERSITY OR COLLEGE SUSPENDED UNDER DIVISION (C)(6) OF
SECTION 3345.74 AND NOT REINSTATED UNDER DIVISION (B)(2) OF SECTION
3345.75 of the Revised Code ARE
REINSTATED TO THE PERSON HOLDING THAT POSITION, UNLESS OTHERWISE PROVIDED FOR
BY THE BOARD OF TRUSTEES.
Sec. 3345.77. NOTWITHSTANDING ANY SECTION OF THE
REVISED CODE, A CONTRACT OF EMPLOYMENT
ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
BETWEEN THE BOARD OF TRUSTEES OF A STATE UNIVERSITY OR COLLEGE AND
THE PRESIDENT OR CHIEF EXECUTIVE OFFICER OF THAT UNIVERSITY OR
COLLEGE SHALL PROVIDE FOR THE PERFORMANCE EVALUATION,
THE SUSPENSION OF THE AUTHORITY, DUTIES, AND PAY, AND THE TERMINATION OF
THE EMPLOYMENT CONTRACT OF THE
PRESIDENT OR CHIEF EXECUTIVE OFFICER AS PROVIDED UNDER DIVISIONS (C)
AND
(D) OF SECTION 3345.74 AND
DIVISION (B)(2) OF SECTION
3345.75 OF THE REVISED
CODE.
Sec. 3345.78. NO CURRENT OR FORMER EMPLOYEE OR CURRENT OR FORMER OFFICER
OF A STATE UNIVERSITY OR COLLEGE SHALL KNOWINGLY CONCEAL ANY INFORMATION FROM,
WITHHOLD ANY INFORMATION REQUESTED BY, FALSIFY ANY INFORMATION TO, OR IMPEDE
THE WORK OF ANY OF THE FOLLOWING:
(A) A CONSERVATOR, GOVERNANCE AUTHORITY, OR EXECUTIVE
DIRECTOR APPOINTED FOR THE INSTITUTION UNDER SECTION 3345.74 OR 3345.75 of the Revised Code;
(B) ANY PERSONNEL APPOINTED BY THE CONSERVATOR OR EXECUTIVE
DIRECTOR UNDER DIVISION (F) OF SECTION 3345.74 OR DIVISION
(B)(1) OF SECTION 3345.75 of the Revised Code.
Sec. 3345.99. (A) Whoever violates section 3345.13 of the Revised Code
shall
be fined not less than fifty nor more than one hundred fifty dollars.
(B) Whoever violates division (A) or (B) of section 3345.34 of the Revised
Code is guilty of a misdemeanor of the first degree.
(C) WHOEVER VIOLATES SECTION 3345.78 of the Revised Code IS GUILTY OF A FELONY
OF THE FOURTH DEGREE.
Section 2. That existing sections 101.72, 102.02, 102.022, 102.03, 126.21,
2907.03, 3345.011, 3345.09, 3345.61, and 3345.99 and section 3345.031 of the
Revised
Code are hereby repealed.
Section 3. Under section 111.15 of the Revised Code, the
Office of Budget and Management shall initially file proposed rules pursuant
to sections
3345.72 and 3345.73 and division (F) of section 3345.75 of the Revised Code no
later than thirty days after the effective date of this section.
Section 4. All items in this section are hereby appropriated as designated out
of any moneys in the state treasury to the credit of the General Revenue Fund.
For all appropriations made in this act, those in the first column are for
fiscal year 1996 and those in the second column are for fiscal year 1997. The
appropriations made in this act are in addition to any other appropriations
made for the 1995-1997 biennium.
OBM OFFICE OF BUDGET AND MANAGEMENT
| | | | | | |
General Revenue Fund | | | | |
GRF | 042-407 | Central State Deficit Reduction | $ | 0 | $ | 10,300,000 |
Total GRF | $ | 0 | $ | 10,300,000 |
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 10,300,000 |
Central State Deficit Reduction
In order to facilitate the preparation of audited financial statements for
fiscal year 1997 and prior to any release of funds from the foregoing
appropriation item 042-407,
Central State Deficit Reduction, by the Director of Budget and Management, the
university shall submit a Fiscal Recovery Plan. The plan, as defined by the
Director, shall include among other items:
(A) A balanced budget for all funds of the university for fiscal year 1997;
(B) A detailed set of work tasks and deliverables with due dates aimed at
strengthening internal and budgetary controls;
(C) A detailed description of how the funds will be expended;
(D) Specific actions that will be taken to establish segregated cash fund
accounting requirements consistent with Generally Accepted Accounting
Principles applicable to Public Colleges and Universities.
In achieving a
balanced fiscal year 1997 budget, the board
of trustees shall maintain its declared state of financial exigency, make
budget reallocations by means other than uniform, across-the-board budget
reductions or solely from nonsalary sources, give priority to funding requests
in support of general undergraduate education, reduce academic support units
before academic programs, and take such other action that may include, but is
not limited to,
reducing the number of faculty and staff as appropriate. Upon receiving these
funds or a portion of the funds, Central State University's first priority
shall be to pay off and close out all past due vendor debts.
The Director of Budget and Management shall appoint a financial supervisor to
monitor adherence to the plan and advise the Director on the financial status
of the university. With the full cooperation of Central State University, the
financial supervisor shall prepare reports on the progress of the
university in the implementation of its Fiscal Recovery Plan. Within ten days
after the end of each month, the university shall prepare a payables report
delineating by fund and vendor all outstanding payables owed by the
university. A comparative analysis by month should also be presented with
rationale provided for the variances reflected for changes from the previous
month.
For the remainder of fiscal year 1997 the financial supervisor shall serve as
the chief financial officer for the university and will report directly to the
Director of Budget and Management. To the extent that the financial
supervisor and/or the director determines that disbursements and other uses of
funds are in excess of revenues and other sources, the financial supervisor,
upon written notification to the board of trustees, may take any action the
financial supervisor
deems necessary to bring expenditures and uses of funds in line with revenues
and other sources. No proposed disbursements including the addition of
personnel shall be made by the university without prior approval by either the
financial supervisor or the director.
The board of trustees will work cooperatively with the director to create a
stable and responsible fiscal operation for the university. The financial
supervisor shall prepare recommendations for the board of trustees to identify
the necessary administrative actions needed to achieve an enhanced fiscal
management environment for the university. The Director may use the resources
of the Director's office, as the Director deems necessary, including any
remaining appropriations
granted from the Emergency Purposes account of the Controlling Board on July
11, 1996. The Chancellor of the Board of Regents shall work cooperatively
with
the
financial supervisor and/or the Director of Budget and Management to provide
staff support as necessary to support the efforts to create an improved fiscal
management environment for Central State University.
Notwithstanding Section 92.10 of Am. Sub. H.B. 117 of the 121st General
Assembly, as amended by Am. Sub. S.B. 310 of the 121st General Assembly,
Central State University shall not be required to repay the $1,500,000 loan
approved by the Controlling Board in fiscal year 1995 from the Emergency
Purposes appropriation line item.
Within the limits set forth in this act, the Director shall establish accounts
indicating the source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which appropriation accounts
shall be maintained. Expenditures from appropriations contained in this act
shall be accounted for as though made in Am. Sub. H.B. 117 of the 121st
General Assembly.
The appropriations made in this act are subject to all provisions of Am. Sub.
H.B. 117 of the 121st General Assembly that are generally applicable to such
appropriations. It is the intent of the General Assembly to provide these
funds to Central State University in order for the institution to remain open
until the end of fiscal year 1997. The passage of this act shall not bind the
General Assembly to make
appropriations for these purposes in subsequent years.
Section 5. The General Assembly hereby declares that this act is intended to
protect the safety, health, and welfare of the public.
Section 6. Except for this section and Section 4 of this act, which
appropriate or relate to the appropriation of money, the
codified and uncodified sections of law contained in this act are subject to
the referendum. Therefore, under Ohio Constitution, Article II, Section 1c
and section 1.471 of the Revised Code, the codified and uncodified sections of
law contained in this act, except this section and Section 4 of this act, take
effect on the
ninety-first day after this act is filed with the Secretary of State. If,
however, a referendum petition is filed against a section, the section, unless
rejected at the referendum, takes effect at the earliest time permitted by
law.
This section and Section 4 of this act, which appropriate or relate to the
appropriation of money, are not subject to the
referendum. Therefore, under Ohio Constitution, Article II, Section 1d and
section 1.471 of the Revised Code, this section and Section 4 of this act go
into immediate
effect when this act becomes law.
Section 7. Section 102.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. H.B. 182 and Am. Sub. H.B. 538 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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