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Sub. H. B. No. 181 As Concurred by the HouseAs Concurred by the House
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Schaffer, McGregor, Willamowski, Flowers, Brinkman, C. Evans, Setzer, Wolpert, Aslanides, G. Smith, Buehrer, Carmichael, Collier, Daniels, Domenick, D. Evans, Faber, Gibbs, Gilb, Hartnett, Harwood, Key, Niehaus, Olman, Seaver, Sferra
Senators Austria, Jacobson, Spada
A BILL
To amend sections 101.34, 102.01, 102.02, 102.031, 102.06, and 102.99 and to enact sections 3.16, 102.021, and 2961.02 of the Revised Code
to
permit a special commission of retired judges appointed by the Chief Justice of the Supreme Court to suspend from office in
accordance with a specified procedure any elected
local government official, other than a judge, charged with a felony
related to the official's administration of, or
conduct in the performance of the duties of, the
office; to prohibit a person who is convicted of
certain felony
theft
offenses, or any other felony
involving
fraud, deceit, or
theft, from
holding a
public office or
position of
public
employment or
from serving in
certain unpaid
volunteer
positions, that
involve substantial
management or
control of
certain public or private
property; and to require former state elected officers and staff members who were required to file financial disclosure statements to continue for a twenty-four month period to report specified information relating to certain income, gifts, and expenditures.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.34, 102.01, 102.02, 102.031, 102.06, and 102.99 be amended and sections 3.16, 102.021, and 2961.02 of the Revised Code
be
enacted to read as follows:
Sec. 3.16. (A) As used in this section: (1) "Prosecuting attorney" means the prosecuting attorney of
the county in which a public official who is charged as described in division (B) of this section serves. (2) "Public official" means any elected officer of a
political subdivision as defined in section 2744.01 of the Revised
Code. "Public official" does not include a judge of a court of record.
(B)(1) If a public official is charged with
a
felony in a
state or federal court and if the attorney general, if the attorney general is prosecuting the case, or prosecuting attorney with responsibility to prosecute the case
determines that the
felony relates to the public official's
administration of, or
conduct in the performance of the duties of,
the office of the
public official, the attorney general, if the attorney general is prosecuting the case, or prosecuting attorney with responsibility to prosecute the case shall transmit a copy of the charging
document to the chief justice of the supreme court with a request that the chief justice proceed as provided in division (C) of this section. If the attorney general or the prosecuting attorney transmits a copy of the charging document to the chief justice, a copy also shall be sent to the attorney general if the prosecuting attorney transmits the copy to the chief justice or to the prosecuting attorney of the county in which the public official holds office if the attorney general transmits the copy to the chief justice.
(2) Upon transmitting a copy of a charging document and a request to the chief justice of the supreme court under division (B)(1)(a) or (b) of this section, the attorney general or prosecuting attorney shall provide the public official
with a written notice that, not later than fourteen days after the
date of the notice, the public official may file with the attorney general or prosecuting attorney, whichever sent the notice, a written statement either voluntarily authorizing the attorney general or prosecuting attorney to prepare a judgment entry for the judge presiding in the case to
provisionally suspend the public official from office or setting forth the
reasons why the public official should not be suspended from
office. If the public official voluntarily authorizes the attorney general or prosecuting attorney to prepare a judgment entry for the judge presiding in the case to provisionally suspend the public official from office as described in this division, the attorney general or prosecuting attorney shall prepare a judgment entry for the judge presiding in the case to provisionally suspend the public official from office immediately upon receipt of the judement entry and shall notify the chief justice of the supreme court of the provisional suspension. Upon receipt of the judgment entry, the judge presiding in the case shall sign the judgment entry and file the signed judgment entry in the case. The signing and filing of the judgment entry provisionally suspends the public official from office. The attorney general's or prosecuting attorney's request to the chief justice that was made under division (B)(1) of this section remains applicable regarding the public official, and the chief justice shall establish a special commission pursuant to division (C)(1) of this section. A provisional suspension imposed under this division shall remain in effect until the special commission established by the chief justice enters its judgment under division (C)(3) of this section. After the special commission so enters its judgment, divisions (C)(3) and (4) of this section shall govern the continuation of the suspension. Division (E) of this section applies to a provisional suspension imposed under this division. If the public official files a written statement setting forth the reasons why the public official should not be suspended from office, the public official shall not be provisionally suspended from office, and the attorney general or prosecuting attorney, whichever sent the notice to the public official, shall transmit a copy of the public official's written statement to the chief justice of the supreme court. The attorney general's or prosecuting attorney's request to the chief justice that was made under division (B)(1) of this section remains applicable regarding the public official, and the chief justice shall establish a special commission pursuant to division (C)(1) of this section. (C)(1)
Not sooner than fourteen days after the chief justice's receipt of the
attorney general's or prosecuting attorney's request under division (B)(1) of this section, the chief justice shall establish a special commission composed of three retired justices or judges of a court of record. A special commission established under this division is an administrative agency. The chief justice shall appoint the members of the special commission and shall provide to the special commission all documents and materials pertaining to the matter that were received from the attorney general or prosecuting attorney under division (B)(1) or (2) of this section. At least one member of the special commission shall be
of the same political party as the public official.
Members of the special commission shall receive compensation for their
services, and shall be reimbursed for any expenses incurred in
connection with special commission functions, from funds appropriated to
the attorney general's office.
(2) Once established under division (C)(1) of this section, a special commission shall review the document that charges the public official with the felony, all other documents and materials pertaining to the matter that were provided by the chief justice under division (C)(1) of this section, and the facts and circumstances related to the offense charged. Within fourteen days after it is established, the special commission shall
make a preliminary determination as to whether the public official's administration of, or
conduct in the performance of the duties of, the official's
office, as covered by the charges, adversely affects the
functioning of that office or adversely affects the rights and interests of
the public and, as a result, whether the public official should be suspended from office. Upon making the preliminary determination, the special commission immediately shall provide the public official with notice of the preliminary determination. The notice may be in writing, by telephone, or in another manner. If the preliminary determination is that the public official's administration of, or conduct in the performance of the duties of, the official's office, as covered by the charges, does not adversely affect the functioning of the office or adversely affect the rights and interests of the public, the preliminary determination automatically shall become the special commission's final determination for purposes of division (C)(3) of this section. If the preliminary determination is that the public official's administration of, or conduct in the performance of the duties of, the official's office, as covered by the charges, adversely affects the functioning of the office or adversely affects the rights and interests of the public and that the public official should be suspended from office, the notice shall inform the public official that the public official may contest the preliminary determination by filing with the special commission and within fourteen days after the date of the notice to the public official a notice contesting the determination.
If the public official files a notice contesting the preliminary determination within fourteen days after the date of the notice to the public official, the public official may review the reasons and evidence for the determination and may appear at a meeting of the special commission to contest the determination and present the public official's position on the matter. The meeting of the special commission shall be held not later than fourteen days after the public official files the notice contesting the preliminary determination. The public official has a right to be accompanied by an attorney while appearing before the special commission, but the attorney is not entitled to act as counsel or advocate for the public official before the special commission or to present evidence or examine or cross-examine witnesses before the special commission. At the conclusion of the meeting, the special commission shall make a final determination as to whether the public official's administration of, or conduct in the performance of the duties of, the official's office, as covered by the charges, adversely affects the functioning of the office or adversely affects the rights and interests of the public and, as a result, whether the public official should be suspended from office and shall proceed in accordance with division (C)(3) of this section.
If the public official does not file a notice contesting the determinations within fourteen days after the date of the notice to the public official, the special commission's preliminary determination automatically shall become its final determination for purposes of division (C)(3) of this section.
Notwithstanding anything to the contrary in section
l2l.22 of the Revised Code, all meetings of the special commission
shall be closed to the public. Notwithstanding anything to the
contrary in section 149.43 of the Revised Code, the records of the
special commission shall not be made available to the public for
inspection or copying until the special commission issues its written report under this division. (3) Upon making the final determination described in division (C)(2) of this section regarding a public official who is charged with a felony, including, if applicable, conducting a meeting pursuant to that division for the public official to contest the preliminary determination, the special commission shall issue a written report that sets forth its findings and final determination. The special commission shall send the report by certified mail to the public official, the attorney general if the attorney general is prosecuting the case or the prosecuting attorney with responsibility to prosecute the case, whichever is applicable, and any other person that the special commission determines to be appropriate. Upon the issuance of the report, one of the following applies:
(a) If the special commission in its final determination does not determine that the public official's administration of, or conduct in the performance of the duties of, the official's office, as covered by the charges, adversely affects the functioning of that office or adversely affects the rights and interests of the public, the special commission shall include in the report a statement to that effect, and the public official shall not be suspended from office. If the public official was provisionally suspended from office under division (B)(2) of this section, the provisional suspension shall terminate immediately upon the issuance of the report.
(b) If the special commission in its final determination determines that the public official's administration of, or conduct in the performance of the duties of, the official's office, as covered by the charges, adversely affects the functioning of that office or adversely affects the rights and interests of the public, the special commission shall include in the report a holding that the public official be suspended from office. The holding that the public official be suspended from office and the suspension take effect immediately upon the special commission's issuance of the report. If the public official was provisionally suspended from office under division (B)(2) of this section, the holding that the public official be suspended from office shall continue the suspension immediately upon the special commission's issuance of the report. The report and holding shall have the same force and effect as a judgment of a court of record.
(4) A suspension imposed or continued under division (C)(3) of this section
shall
continue until one of the following occurs: (a) The public official
is reinstated to office by an appeal as provided in division (D) of this
section; (b) All charges are disposed of by dismissal or by a finding
or findings of not guilty; (c) A successor is elected and
qualified
to serve the next succeeding term of the public
official's office. (D) If a special commission issues a written report and holding pursuant to division (C)(3)(b) of this section that suspends a public official from office or that continues a provisional suspension imposed under division (B)(2) of this section, the public official may appeal the report and holding to the supreme court. The public official shall take the appeal by filing within thirty days of the date on which the report is issued a notice of appeal with the supreme court and the special commission. Unless waived, notice of the appeal shall be served upon all persons to whom the report was sent under division (C)(3) of this section. The special commission, upon written demand filed by the public official, shall file with the supreme court, within thirty days after the filing of the demand, a certified transcript of the proceedings of the special commission pertaining to the report and the evidence considered by the special commission in making its decision.
The supreme court shall consider an appeal under this division on an expedited basis. If the public official appeals the report and holding, the appeal itself does not stay the operation of the suspension imposed or continued under the report and holding. If, upon hearing and consideration of the record and evidence, the supreme court decides that the determinations and findings of the special commission are reasonable and lawful, the court shall affirm the special commission's report and holding and the suspension and shall enter final judgment in accordance with its decision. If the public official subsequently pleads guilty to or is found guilty of any felony with which the public official was charged, the public official is liable for any amount of compensation paid to the official during the suspension, with the liability relating back to the date of the original suspension under the special commission's report and holding, and the amount of that liability may be recovered as provided in division (E) of this section. If, upon hearing and consideration of the record and evidence, the supreme court decides that the determinations and findings of the special commission are unreasonable or unlawful, the court shall reverse and vacate the special commission's report and holding and the suspension, reinstate the public official, and enter final judgment in accordance with its decision.
The clerk of the supreme court shall certify the judgment of the court to the special commission. Upon receipt of the judgment, the special commission shall certify the judgment to all persons to whom the special commission's report was certified under division (C)(3) of this section and shall certify the judgment to all other public officials or take any other action in connection with the judgment as is required to give effect to it.
(E) Any public official suspended from office under this
section shall not exercise any of the rights, powers, or responsibilities of the holder of that office during the period of the suspension. The suspended public official, however, shall retain the title of the holder of that office during the period of the suspension and continue to receive the
compensation that the official is entitled to receive for holding
that office during the period of the suspension, until the public official pleads guilty to or is found
guilty of any felony with which the public official is charged.
For the
duration of the public official's suspension, a
replacement
official shall be appointed or elected to perform the
public
official's
duties of office in the manner provided by law
for
filling a vacancy in
that office. The replacement official
shall
have all of the rights, powers, and responsibilities of, and
shall
be entitled to the same rate of pay as, the suspended public
official. A political subdivision may file a civil action in the appropriate court to recover from any former public official of the political subdivision the amount of compensation paid to that former public official in accordance with this division from the date of the former public official's suspension to the date the former public official pleads guilty to or is found guilty of any felony with which the former public official was charged. Sec. 101.34. (A) There is hereby created a joint
legislative ethics committee to serve the general assembly. The
committee shall be composed of twelve members, six each from the
two major political parties, and each member shall serve on the
committee during the member's term as a member of that
general
assembly. Six members of the committee shall be members of the
house
of representatives appointed by the speaker of the house of
representatives, not more than three from the same political
party, and six members of the committee shall be members of the
senate appointed by the president of the senate, not more than
three from the same political party. A vacancy in the committee
shall be filled for the unexpired term in the same manner as an
original appointment. The members of the committee shall be
appointed within fifteen days after the first day of the first
regular session of each general assembly and the committee shall
meet and proceed to recommend an ethics code not later than
thirty
days after the first day of the first regular session of
each
general assembly. In the first regular session of each general assembly, the
speaker of the house of representatives shall appoint the
chairperson of the committee from among the house
members of the
committee, and the president of the senate shall appoint the
vice-chairperson of the committee from among the
senate members of
the committee. In the second regular session of each general
assembly, the president of the senate shall appoint the
chairperson of the committee from among the senate members of the
committee, and the speaker of the house of representatives shall
appoint the
vice-chairperson of the committee from among the
house
members of the committee. The chairperson,
vice-chairperson, and
members of the
committee shall serve until their respective
successors are
appointed or until they are no longer members of
the general
assembly. The committee shall meet at the call of the
chairperson or
upon the written request of seven members of the committee. (B) The joint legislative ethics committee: (1) Shall recommend a code of ethics which that is consistent
with law to govern all members and employees of each house of the
general assembly and all candidates for the office of member of
each house; (2) May receive and hear any complaint which that alleges a
breach of any privilege of either house, or misconduct of any
member, employee, or candidate, or any violation of the
appropriate code of ethics; (3) May obtain information with respect to any complaint
filed pursuant to this section and to that end may enforce the
attendance and testimony of witnesses, and the production of
books
and papers; (4) May recommend whatever sanction is appropriate with
respect to a particular member, employee, or candidate as will
best maintain in the minds of the public a good opinion of the
conduct and character of members and employees of the general
assembly; (5) May recommend legislation to the general assembly
relating to the conduct and ethics of members and employees of
and
candidates for the general assembly; (6) Shall employ an executive director for the committee
and
may employ such other staff as the committee determines
necessary
to assist it in exercising its powers and duties. The
executive
director and staff of the committee shall be known as
the office
of legislative inspector general. At least one member
of the
staff of the committee shall be an attorney at law
licensed to
practice law in this state. The appointment and
removal of the
executive director shall require the approval of
at least eight
members of the committee. (7) May employ a special counsel to assist the committee
in
exercising its powers and duties. The appointment and removal
of
a special counsel shall require the approval of at least eight
members of the committee. (8) Shall act as an advisory body to the general assembly
and to individual members, candidates, and employees on questions
relating to
ethics, possible conflicts of interest, and financial
disclosure; (9) Shall provide for the proper forms on which the a
statement required pursuant to section 102.02 or 102.021 of the Revised Code
shall be filed and instructions as to the filing of the
statement; (10) Exercise the powers and duties prescribed under
sections 101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and sections 121.60 to 121.69 of the Revised
Code; (11) Adopt, in accordance with section 111.15 of the
Revised
Code, any rules that are necessary to implement and
clarify Chapter
102. and sections 2921.42 and 2921.43 of the
Revised Code. (C) There is hereby created in the state treasury the
joint
legislative ethics committee fund. Money credited to the
fund
and any interest
and earnings from the fund shall be used
solely
for the operation
of the joint legislative ethics committee
and
the office of
legislative inspector general and for the
purchase
of data storage
and computerization facilities for the
statements
filed with the
joint committee under sections 101.73,
101.74,
121.63, and 121.64
of the Revised Code. (D) The chairperson of the joint legislative ethics committee shall issue
a
written report, not later than the thirty-first day of January of
each year, to the speaker and minority leader of the house of
representatives and to the president and minority leader of the
senate that lists the number of committee meetings and
investigations the committee conducted during the immediately
preceding calendar year and the number of advisory opinions it
issued during the immediately preceding calendar year. (E) Any investigative report that contains facts and
findings regarding a complaint filed with the joint legislative ethics committee and that
is prepared by the staff of the committee or a special counsel to
the committee shall become a public record upon its acceptance by
a vote of the majority of the members of the committee, except
for
any names of specific individuals and entities contained in
the
report. If the committee recommends disciplinary action or
reports its findings to the appropriate prosecuting authority for
proceedings in prosecution of the violations alleged in the
complaint, the investigatory report regarding the complaint shall
become a public record in its entirety. (F)(1) Any file obtained by or in the possession of the
former
house ethics committee or former senate ethics committee
shall become the
property of the joint legislative ethics
committee. Any such file is
confidential if either of the
following applies: (a) It is confidential under section 102.06 of the Revised
Code or the
legislative code of ethics. (b) If the file was obtained from the former house ethics
committee or from the former senate ethics committee, it was
confidential
under any statute or any provision of a code of
ethics that governed the file. (2) As used in this division, "file" includes, but is not
limited to,
evidence, documentation, or any other tangible thing.
Sec. 102.01. As used in Chapter 102. of the Revised Code this chapter: (A)
"Compensation" means money, thing of value, or
financial
benefit.
"Compensation" does not include reimbursement
for actual
and necessary expenses incurred in the performance of
official
duties. (B)
"Public official or employee" means any person who is
elected or appointed to an office or is an employee of any public
agency.
"Public official or employee" does not include a person
elected or appointed to the office of precinct, ward, or district
committee member under section 3517.03 of the Revised Code, any
presidential elector, or any delegate to a national convention.
"Public official or employee" does not include a person who is a
teacher, instructor, professor, or any other kind of educator
whose position does not involve the performance of, or authority
to perform, administrative or supervisory functions. (C)
"Public agency" means the general assembly, all
courts,
any department, division, institution, board, commission,
authority, bureau or other instrumentality of the state, a
county,
city, village, or township, and the five state retirement
systems, or
any other governmental entity.
"Public agency" does
not include a
department, division, institution, board,
commission, authority,
or other instrumentality of the state or a
county, municipal
corporation, township, or other governmental
entity that functions
exclusively for cultural, educational,
historical, humanitarian,
advisory, or research purposes; that does
not expend more than ten
thousand dollars per calendar year,
excluding salaries and wages
of employees; and whose members are
uncompensated. (D)
"Immediate family" means a spouse residing in the
person's household and any dependent child. (E)
"Income" includes gross income as defined and used in
the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1,
as
amended, interest and dividends on obligations or securities
of
any state or of any political subdivision or authority of any
state or political subdivision, and interest or dividends on
obligations of any authority, commission, or instrumentality of
the United States. (F) Except as otherwise provided in division (A) of
section
102.08 of the Revised Code,
"appropriate ethics
commission" means: (1) For matters relating to members of the general
assembly,
employees of the general assembly, employees of the
legislative
service commission, and candidates for the office of
member of the
general assembly, the joint legislative ethics
committee; (2) For matters relating to judicial officers and
employees,
and candidates for judicial office, the board of
commissioners on
grievances and discipline of the supreme court; (3) For matters relating to all other persons, the Ohio
ethics commission. (G)
"Anything of value" has the same meaning as provided
in
section 1.03 of the Revised Code and includes, but is not
limited
to, a contribution as defined in section 3517.01 of the
Revised
Code. (H)
"Honorarium" means any payment made in consideration
for
any speech given, article published, or attendance at any
public
or private conference, convention, meeting, social event,
meal, or
similar gathering.
"Honorarium" does not include
ceremonial gifts
or awards that have insignificant monetary
value; unsolicited
gifts of nominal value or trivial items of
informational value; or
earned income from any person, other than
a legislative agent, for
personal services that are customarily
provided in connection with
the practice of a bona fide business,
if that business initially
began before the public official or
employee conducting that
business was elected or appointed to
his
the public official's or
employee's
office or position of employment. (I) "Employer" means any person who, directly or indirectly, engages an executive agency lobbyist or legislative agent.
(J) "Executive agency decision," "executive agency lobbyist," and "executive agency lobbying activity" have the same meanings as in section 121.60 of the Revised Code.
(K) "Legislation," "legislative agent," "financial transaction," and "actively advocate" have the same meanings as in section 101.70 of the Revised Code. (L) "Expenditure" has the same meaning as in section 101.70 of the Revised Code when used in relation to activities of a legislative agent, and the same meaning as in section 121.60 of the Revised Code when used in relation to activities of an executive agency lobbyist.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is a
candidate for a state, county, or city office 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
3345.011 of the Revised Code; the
chief executive officer and the members of the board of each
state retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; 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 a total
student count of twelve thousand or more as most
recently
determined by the department of education pursuant to section
3317.03
of
the Revised Code; every person who is appointed to the
board of education
of a municipal school district pursuant to
division (B) or
(F) of section 3311.71 of the Revised Code; all
members of the board of
directors of a sanitary district that is
established under Chapter 6115.
of the Revised Code and organized
wholly for the purpose of providing a water
supply for
domestic,
municipal, and public use, and that includes two municipal corporations
in two counties; 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; members of
the board
of trustees and the executive director of the tobacco
use prevention and
control foundation; members of the board of
trustees and the executive
director of the southern Ohio
agricultural and community development
foundation;
and every
other public official or employee
who is designated by the
appropriate ethics commission pursuant to
division (B) of this
section. The disclosure statement shall include all of the following: (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 do
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
who
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 this state or
holds a
certificate
of compliance authorizing it to do business in this
state, trust,
business trust, partnership, or association that
transacts
business in this state 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. Division
(A)(3) of this
section 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. Division (A)(5)
of this section
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 owe 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.
Division
(A)(6) of this section
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
any state agency,
including, but not limited to, any legislative agency or state
institution of
higher
education as defined in section
3345.011 of
the Revised
Code,
pays
membership dues, 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
any state agency, including, but not limited to, any legislative
agency or
state institution of higher education as
defined in
section
3345.011 of the Revised Code,
pays membership dues, 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
the
candidacy is to be voted on, whichever election occurs
soonest,
except that 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
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. Except for disclosure
statements filed by members of the
board of trustees and the executive
director of the tobacco use
prevention and control foundation
and members of the
board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation, 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
or educational service center 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
division. (C) No person shall knowingly fail to file, on or before
the
applicable filing deadline established 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,
the statement required
by division
(A) or (B) of
this section shall be accompanied by a
filing fee of
forty dollars. (2) The statement required by division (A) of this section
shall be accompanied by the following 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 the |
|
|
|
state board of education |
|
$65 |
|
For office of member of general assembly |
|
$40 |
|
For county office |
|
$40 |
|
For city office |
|
$25 |
|
For office of member of the state board |
|
|
|
of education |
|
$25 |
|
For office of member of a city, local, |
|
|
|
exempted village, or cooperative |
|
|
|
education board of |
|
|
|
education or educational service |
|
|
|
center governing board |
|
$20 |
|
For position of business manager, |
|
|
|
treasurer, or superintendent of a |
|
|
|
city, local, exempted village, joint |
|
|
|
vocational, or cooperative education |
|
|
|
school district or |
|
|
|
educational service center |
|
$20 |
(3) No judge of a court of record or candidate for judge
of
a court
of record, 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 of ten dollars for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed two hundred fifty 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 receipts,
including, but
not limited to, 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 and
statutory functions 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. 102.021. (A)(1) For the twenty-four month period immediately following the end of the former state elected officer's or staff member's service or public employment, except as provided in division (B) or (D) of this section, each former state elected officer or staff member who filed or was required to file a disclosure statement under section 102.02 of the Revised Code shall file, on or before the deadlines specified in division (D) of this section, with the joint legislative ethics committee a statement that shall include the information described in divisions (A)(2), (3), (4), and (5) of this section, as applicable. The statement shall be filed on a form and in the manner specified by the joint legislative ethics committee. This division does not apply to a state elected officer or staff member who filed or was required to file a disclosure statement under section 102.02 of the Revised Code, who leaves service or public employment, and who takes another position as a state elected officer or staff member who files or is required to file a disclosure statement under that section. No person shall fail to file, on or before the deadlines specified in division (D) of this section, a statement that is required by this division. (2) The statement referred to in division (A)(1) of this section shall describe the source of all income received, in the former state elected officer's or staff member's own name or by any other person for the person's use or benefit, and briefly describe the nature of the services for which the income was received if the source of the income was any of the following:
(a) An executive agency lobbyist or a legislative agent;
(b) The employer of an executive agency lobbyist or legislative agent, except that this division does not apply if the employer is any state agency or political subdivision of the state;
(c) Any entity, association, or business that, at any time during the two immediately preceding calendar years, was awarded one or more contracts by one or more state agencies that in the aggregate had a value of one hundred thousand dollars or more, or bid on one or more contracts to be awarded by one or more state agencies that in the aggregate had a value of one hundred thousand dollars or more. (3) If the former state elected officer or staff member received no income as described in division (A)(2) of this section, the statement referred to in division (A)(1) of this section shall indicate that fact.
(4) If the former state elected officer or staff member directly or indirectly made, either separately or in combination with another, any expenditure or gift for transportation, lodging, or food or beverages to, at the request of, for the benefit of, or on behalf of any public officer or employee, and if the former state elected officer or staff member would be required to report the expenditure or gift in a statement under sections 101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code, whichever is applicable, if the former state elected officer or staff member was a legislative agent or executive agency lobbyist at the time the expenditure or gift was made, the statement referred to in division (A)(1) of this section shall include all information relative to that gift or expenditure that would be required in a statement under sections 101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code if the former state elected officer or staff member was a legislative agent or executive agency lobbyist at the time the expenditure or gift was made.
(5) If the former state elected officer or staff member made no expenditure or gift as described in division (A)(4) of this section, the statement referred to in division (A)(1) of this section shall indicate that fact.
(B) If, at any time during the twenty-four month period immediately following the end of the former state elected officer's or staff member's service or public employment, a former state elected officer or staff member who filed or was required to file a disclosure statement under section 102.02 of the Revised Code becomes a legislative agent or an executive agency lobbyist, the former state elected officer or staff member shall comply with all registration and filing requirements set forth in sections 101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code, whichever is applicable, and, the former state elected officer or staff member also shall file a statement under division (A)(1) of this section except that the statement filed under division (A)(1) of this section does not need to include information regarding any income source, expenditure, or gift to the extent that that information was included in any registration or statement filed under sections 101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code. (C) Except as otherwise provided in this division, division (A)(2) 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) of this
section
does not require an attorney, physician, or other
professional
subject to a confidentiality requirement as
described in this division 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) of this
section does not require an
attorney, physician, or other
professional subject to a
confidentiality requirement as described
in this division to disclose in the brief
description of the nature
of services required by division
(A)(2) 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.
(D)(1) Each state elected officer or staff member who filed or was required to file a disclosure statement under section 102.02 of the Revised Code and who leaves public service or public employment shall file an initial statement under division (A)(1) of this section not later than the day on which the former state elected officer or staff member leaves public service or public employment. The initial statement shall specify whether the person will, or will not, receive any income from a source described in division (A)(2)(a), (b), or (c) of this section.
If a person files an initial statement under this division that states that the person will receive income from a source described in division (A)(2)(a), (b), or (c) of this section, the person is required to file statements under division (A)(2), (3), (4), or (5) of this section at the times specified in division (D)(2) of this section.
If a person files an initial statement under this division that states that the person will not receive income from a source described in division (A)(2)(a), (b), or (c) of this section, except as otherwise provided in this division, the person is not required to file statements under division (A)(2), (4), or (5) of this section or to file subsequent statements under division (A)(3) of this section. If a person files an initial statement under this division that states that the person will not receive income from a source described in division (A)(2)(a), (b), or (c) of this section, and, subsequent to the filing of that initial statement, the person receives any income from a source described in division (A)(2)(a), (b), or (c) of this section, the person within ten days shall file a statement under division (A)(2) of this section that contains the information described in that division, and the person thereafter shall file statements under division (A)(2), (3), (4), or (5) of this section at the times specified in division (D)(2) of this section.
(2) After the filing of the initial statement under division (D)(1) of this section, each person required to file a statement under division (A)(2), (3), (4), or (5) of this section shall file it on or before the last calendar day of January, May, and September. The statements described in divisions (A)(2), (3), and (5) of this section shall relate to the sources of income the person received in the immediately preceding filing period from each source of income in each of the categories listed in division (A)(2) of this section. The statement described in division (A)(4) of this section shall include any information required to be reported regarding expenditures and gifts of the type described in division (A)(4) of this section occurring since the filing of the immediately preceding statement.
If, pursuant to this division, a person files a statement under division (A)(2) of this section, the person is required to file statements under division (A)(4) of this section, and subsequent statements under division (A)(2), (3), or (5) of this section, at the times specified in this division. In addition, if, subsequent to the filing of the statement under division (A)(2) of this section, the person receives any income from a source described in division (A)(2)(a), (b), or (c) of this section that was not listed on the statement filed under division (A)(2) of this section, the person within ten days shall file a statement under division (A)(2) of this section that contains the information described in that division regarding the new income source.
If, pursuant to this division, a person files a statement under division (A)(3) of this section, except as otherwise provided in this division, the person thereafter is not required to file statements under division (A)(2), (4), or (5) of this section, or to file subsequent statements under division (A)(3) of this section. If, subsequent to the filing of the statement under division (A)(3) of this section, the person receives any income from a source described in division (A)(2)(a), (b), or (c) of this section, the person within ten days shall file a statement under division (A)(2) of this section that contains the information described in that division regarding the new income source, and the person thereafter shall file statements under division (A)(4) of this section, and subsequent statements under division (A)(2) or (3) of this section, at the times specified in this division. (3) No fee shall be required for filing an initial statement under division (D)(1) of this section. The person filing a statement under division (D)(2) of this section that is required to be filed on or before the last calendar day of January, May, and September shall pay a ten dollar filing fee with each such statement not to exceed thirty dollars in any calendar year. The joint legislative ethics committee may charge late fees in the same manner as specified in division (G) of section 101.72 of the Revised Code.
(E) Any state elected officer or staff member who filed or was required to file a disclosure statement under section 102.02 of the Revised Code and who leaves public service or public employment shall provide a forwarding address to the officer's or staff member's last employer, and the employer shall provide the person's name and address to the joint legislative ethics committee. The former elected state officer or staff member shall provide updated forwarding addresses as necessary to the joint legislative ethics committee during the twenty-four month period during which division (A)(1) of this section applies. The public agency or appointing authority that was the last employer of a person required to file a statement under division (A)(2) of this section shall furnish to the person a copy of the form needed to complete the initial statement required under division (D)(1) of this section.
(F) During the twenty-four month period immediately following the end of the former state elected officer's or staff member's service or public employment, no person required to file a statement under this section shall receive from a source described in division (A)(2)(a), (b), or (c) of this section, and no source described in division (A)(2)(a), (b), or (c) of this section shall pay to that person, any compensation that is contingent in any way upon the introduction, modification, passage, or defeat of any legislation or the outcome of any executive agency decision. (G) As used in this section "state elected officer or staff member" means any elected officer of this state, any staff, as defined in section 101.70 of the Revised Code, or any staff, as defined in section 121.60 of the Revised Code.
Sec. 102.031. (A) As used in this section: (1) "Actively advocating," "employer," "financial
transaction," "legislation," and "legislative agent" have the
same
meanings as in section 101.70 of the Revised Code. (2) "Business associate" means a person with whom a member
of the general assembly is conducting or undertaking a financial
transaction.
(3)(2) "Contribution" has the same meaning as in section
3517.01 of the Revised
Code.
(4)(3) "Employee" does not include a member of the general
assembly whose nonlegislative position of employment does not
involve the performance of or the authority to perform
administrative or supervisory functions; or whose nonlegislative
position of employment, if
the member is a public employee,
does
not 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 execution of other public trusts.
(B) No member of the general assembly shall vote on any
legislation that
the member knows is then being actively
advocated if
the member is one of the following with respect
to
a
legislative agent or employer that is then actively advocating
on
that
legislation: (2) A business associate; (3) A person, other than an employee, who is hired under
contract to perform certain services, and such that position involves a
substantial and material exercise of administrative discretion in
the formulation of public policy. (C) No member of the general assembly shall knowingly
accept
any of the following from a legislative agent or a person required to file a statement described in division (A)(2) of section 102.021 of the Revised Code: (1) The payment of any expenses for travel or lodging
except
as otherwise authorized by division (H) of section 102.03
of the
Revised Code; (2) More than seventy-five dollars aggregated per calendar
year as payment for meals and other food and beverages, other
than
for those meals and other food and beverages provided to the
member at a meeting at which the member participates in a panel,
seminar, or speaking engagement, at a meeting or convention of a
national organization to which
any
state agency,
including, but
not limited to, any legislative agency
or
state
institution of
higher education as defined in section
3345.011 of
the Revised
Code, pays
membership dues, or at a dinner,
party, or
function to
which all
members of the general assembly or
all
members of either
house of
the general assembly are invited; (3) A gift of any amount in the form of cash or the
equivalent of cash, or a gift of any other thing of value whose
value exceeds seventy-five dollars. As used in division (C)(3)
of
this section, "gift" does not include any contribution or any
gifts of
meals and
other food and beverages or the payment of
expenses incurred for
travel to destinations either inside or
outside this state that
is received by the a member of the general
assembly and that is
incurred in connection with the member's
official duties. (D) It is not a violation of division (C)(2) of this
section
if, within sixty days after receiving notice from a
legislative
agent that the legislative agent has provided a
member of the
general assembly with more than seventy-five
dollars aggregated in
a calendar year as payment for meals and
other food and beverages,
the member of the general assembly returns to that legislative
agent the amount received that
exceeds seventy-five dollars. (E) The joint legislative ethics committee may impose a
fine
of not more than one thousand dollars upon a member of the
general
assembly who violates division (B) of this section.
Sec. 102.06. (A) The appropriate ethics commission shall
receive and may initiate complaints against persons subject to
Chapter 102. of the Revised Code this chapter concerning conduct alleged to be
in violation of this chapter or section 2921.42 or 2921.43 of the
Revised Code. All complaints except those by the commission
shall
be by affidavit made on personal knowledge, subject to the
penalties of perjury. Complaints by the commission shall be by
affidavit, based upon reasonable cause to believe that a
violation
has occurred. (B) The appropriate ethics commission shall investigate complaints, may
investigate charges presented to it, and may request further
information, including the specific amount of income from a
source, from any person filing with the commission a statement
required by section 102.02 or 102.021 of the Revised Code, if the
information
sought is directly relevant to a complaint or charges
received by
the commission pursuant to this section. This
information is
confidential, except that the commission, at in its discretion, may
share information gathered in the course of any investigation
with, or disclose the information to, the inspector general, any
appropriate prosecuting
authority, any law enforcement agency, or
any other appropriate
ethics commission. If the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, the commission, at in its discretion, also may share information gathered in the course of an investigation with, or disclose the information to, the attorney general and the auditor of state. The person so requested
shall
furnish the
information to the commission, unless within
fifteen
days from the
date of the request the person files an
action for
declaratory
judgment challenging the legitimacy of the
request in
the court of
common pleas of the county of
the
person's
residence,
the
person's
place of employment, or
Franklin
county. The requested
information need not be furnished
to the
commission during the
pendency of the judicial proceedings.
Proceedings of the
commission in connection with the declaratory
judgment action
shall be kept confidential except as otherwise
provided by this
section. Before the commission proceeds to take
any formal
action
against a person who is the subject of an
investigation
based on
charges presented to the commission, a
complaint shall
be filed
against the person. If the commission
finds that a
complaint is
not frivolous, and there is reasonable
cause to
believe that the
facts alleged in a complaint constitute
a
violation of section
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or
2921.43 of the Revised
Code, it shall hold a hearing. If the
commission does not so
find, it shall dismiss the complaint and
notify the accused person
in writing of the dismissal of the
complaint. The commission
shall not make a report of its finding
unless the accused person
requests a report. Upon the request of
the accused person, the
commission shall make a public report of
its finding. The person
against whom the complaint is directed
shall be given reasonable
notice by certified mail of the date,
time, and place of the
hearing and a statement of the charges and
the law directly
involved and shall be given the opportunity to
be
represented by
counsel, to have counsel appointed for
the
person
if
the
person is unable to afford counsel without undue
hardship,
to
examine
the evidence against
the person, to
produce evidence
and to
call and
subpoena witnesses in
the
person's defense, to
confront
the person's accusers, and
to
cross-examine
witnesses.
The commission shall have a
stenographic
record made
of the
hearing. The hearing shall be
closed to the
public. (C)(1)(a) If, upon the basis of the hearing, the appropriate ethics commission
finds by a preponderance of the evidence that the facts alleged
in
the complaint are true and constitute a violation of section
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the
Revised
Code, it shall report its findings to the appropriate
prosecuting
authority for proceedings in prosecution of the
violation and to
the appointing or employing authority of the
accused. If the accused person is a member of the public employees retirement board, state teachers retirement board, school employees retirement board, board of trustees of the Ohio police and fire pension fund, or state highway patrol retirement board, the commission also shall report its findings to the Ohio retirement study council. (b) If the Ohio ethics commission reports its findings to
the appropriate prosecuting authority under division (C)(1)(a) of
this section and the prosecuting authority has not initiated any
official action on those findings within ninety days after
receiving the commission's report of them, then the commission
may
publicly comment that no official action has been taken on
its
findings, except that the commission shall make no comment in
violation of the Rules of Criminal Procedure or about any
indictment that has been sealed pursuant to any law or those
rules. The commission shall make no comment regarding the merits
of its findings. As used in division (C)(1)(b) of this section,
"official action" means prosecution, closure after investigation,
or grand jury action resulting in a true bill of indictment or no
true bill of indictment. (2) If the appropriate ethics commission does not find by
a
preponderance of the evidence that the facts alleged in the
complaint are true and constitute a violation of section 102.02, 102.021,
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code
or
if the commission has not scheduled a hearing within ninety
days
after the complaint is filed or has not finally disposed of
the
complaint within six months after it has been heard, it shall
dismiss the complaint and notify the accused person in writing of
the dismissal of the complaint. The commission shall not make a
report of its finding unless the accused person requests a
report.
Upon the request of the accused person, the commission
shall make
a public report of the finding, but in this case all
evidence and
the record of the hearing shall remain confidential
unless the
accused person also requests that the evidence and
record be made
public. Upon request by the accused person, the
commission shall
make the evidence and the record available for
public inspection. (D) The appropriate ethics commission, or a member of the commission, may
administer oaths, and the commission may issue subpoenas to any
person in the state compelling the attendance of witnesses and
the
production of relevant papers, books, accounts, and records.
The
commission shall issue subpoenas to compel the attendance of
witnesses and the production of documents upon the request of an
accused person. Section 101.42 of the Revised Code shall govern
the issuance of these subpoenas insofar as applicable. Upon the
refusal of any person to obey a subpoena or to be sworn or to
answer as a witness, the commission may apply to the court of
common pleas of Franklin county under section 2705.03 of the
Revised Code. The court shall hold proceedings in accordance
with
Chapter 2705. of the Revised Code. The commission or the
accused
person may take the depositions of witnesses residing
within or
without the state in the same manner as prescribed by
law for the
taking of depositions in civil actions in the court
of common
pleas. (E) At least once each year, the Ohio ethics commission
shall report on its activities of the immediately preceding year
to the majority and minority leaders of the senate and house of
representatives of the general assembly. The report shall
indicate the total number of complaints received, initiated, and
investigated by the commission, the total number of complaints
for
which formal hearings were held, and the total number of
complaints for which formal prosecution was recommended or
requested by the commission. The report also shall indicate the
nature of the inappropriate conduct alleged in each complaint and
the governmental entity with which any employee or official that
is the subject of a complaint was employed at the time of the
alleged inappropriate conduct. (F) All papers, records, affidavits, and documents upon
any
complaint, inquiry, or investigation relating to the
proceedings
of the appropriate ethics commission shall be sealed and are
private and
confidential, except as otherwise provided in this
section and
section 102.07 of the Revised Code. (G)(1) When a complaint or charge is before it, the Ohio
ethics commission or the appropriate prosecuting authority, in
consultation with the person filing the complaint or charge, the
accused, and any other person the commission or prosecuting
authority considers necessary, may compromise or settle the
complaint or charge with the agreement of the accused. The
compromise or settlement may include mediation, restitution,
rescission of affected contracts, forfeiture of any benefits
resulting from a violation or potential violation of law,
resignation of a public official or employee, or any other relief
that is agreed upon between the commission or prosecuting
authority and the accused. (2) Any settlement agreement entered into under division
(G)(1) of this section shall be in writing and be accompanied by
a
statement of the findings of the commission or prosecuting
authority and the reasons for entering into the agreement. The
commission or prosecuting authority shall retain the agreement
and
statement in
the commission's or
prosecuting
authority's office
and, in
the
commission's or
prosecuting
authority's
discretion,
may make the agreement, the statement, and
any
supporting
information public, unless the agreement provides
otherwise. (3) If a settlement agreement is breached by the accused,
the commission or prosecuting authority, in
the commission's
or
prosecuting authority's
discretion, may rescind the
agreement and
reinstitute any
investigation, hearing, or
prosecution of the
accused. No
information obtained from the
accused in reaching the
settlement
that is not otherwise
discoverable from the accused
shall be used
in any proceeding
before the commission or by the
appropriate
prosecuting authority
in prosecuting the violation.
Notwithstanding any other section of
the Revised Code, if a
settlement agreement is breached, any
statute of limitations for
a
violation of this chapter or section
2921.42 or 2921.43 of the
Revised Code is tolled from the date the
complaint or charge is
filed until the date the settlement
agreement is breached.
Sec. 102.99. (A) Whoever violates division (C) of section
102.02, or division (C) of section 102.031, of the Revised Code
is
guilty of a misdemeanor of the fourth degree. (B) Whoever violates division (D) of section 102.02 or
section 102.021, 102.03, 102.04, or 102.07 of the Revised Code is guilty
of
a misdemeanor of the first degree.
Sec. 2961.02. (A) As used in this section: (1) "Disqualifying offense" means an offense that has both of
the following characteristics: (a) It is one of the following: (i) A theft offense that is a felony; (ii) A felony under the laws of this state,
another state, or the
United States, that is not
covered by division (A)(1)(a)(i) of this section and that involves
fraud, deceit, or theft. (b) It is an offense for which the laws of this state,
another state, or the United States do not otherwise contain a
provision specifying permanent disqualification, or
disqualification for a specified period, from holding a public
office or position of public employment, or from serving as an
unpaid volunteer, as a result of conviction of the offense,
including, but not limited to, a provision such as that in
division (C)(1) of section 2921.41 of the Revised Code. (2) "Political subdivision" has the same meaning as in
section 2744.01 of the Revised Code. (3) "Private entity" includes an individual, corporation,
limited liability company, business trust, estate, trust,
partnership, or association that receives any funds from
a state agency or political
subdivision to perform an activity on behalf of the state agency
or political subdivision. (4) "State agency" has the same meaning as in section 1.60 of
the Revised Code. (5) "Theft offense" has the same meaning as in section
2913.01 of the Revised Code. (6) "Volunteer" means a person who serves as a
volunteer
without compensation with a state agency or political
subdivision
or who serves as a volunteer without compensation with a private
entity, including, but not limited to, an
uncompensated auxiliary police officer, auxiliary deputy sheriff,
or volunteer firefighter. (B) Any person who is convicted of a disqualifying offense is
incompetent to hold a
public office or position of public
employment
or to serve as a
volunteer, if holding the public
office or position of public
employment or serving as the
volunteer involves substantial
management or control over the
property of a state agency,
political subdivision, or private
entity. (C) Division (B) of this section does not apply if a
conviction of a disqualifying offense is reversed, expunged, or
annulled.
The
full pardon of a person convicted of a disqualifying
offense
restores the privileges
forfeited under division (B) of
this
section, but the pardon does
not release the person from the
costs
of the person's conviction
in this state, unless so
specified.
Section 2. That existing sections 101.34, 102.01, 102.02, 102.031, 102.06, and 102.99 of the Revised Code are hereby repealed. Section 3. The statement described in division (A)(1) of section 102.021 of the Revised Code shall be filed by any state elected officer or staff member, as defined in division (G) of that section, who leaves service or public employment on or after the effective date of this act. Section 4. Sections 102.01 and 102.99 of the Revised Code are presented in
this act as a composite of the sections as amended by both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of
the 120th General Assembly. Section 102.02 of the Revised Code is presented in
this act as a composite of the section as amended by both Sub. S.B. 133 and Am. Sub. S.B. 189 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act.
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