To amend sections 121.41 and 121.42 of the Revised Code to require the Inspector General to be recused from any matter or investigation relating to a state agency if the Inspector General has a familial relationship with an employee of that agency or the Inspector General was formerly employed by that agency, and to require the Inspector General to designate a deputy inspector general to handle all matters relating to an agency that is the subject of a recusal.

Section 1. That sections 121.41 and 121.42 of the Revised Code be amended to read as follows:

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

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

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

(C) "Designated deputy" means a deputy inspector general designated to act as the inspector general pursuant to division (K) of section 121.42 of the Revised Code as a result of the inspector general's recusal regarding a particular state agency.

(D) "Familial relationship" means a relationship in which the inspector general is a spouse, sibling, natural or adoptive parent, or natural or adoptive child of an employee of a state agency.

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

(D)(F) "Recusal" means the act of disqualifying oneself or withdrawing oneself from performing a duty or function as inspector general.

(G) "State agency" has the same meaning as in section 1.60 of the Revised Code but does not include any of the following:

(1) The general assembly;

(2) Any court;

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

(E)(H) "State employee" means any person who is an employee of a state agency or any person who does business with the state.

(F)(I) "State officer" means any person who is elected or appointed to a public office in a state agency.

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

Sec. 121.42.  The inspector general shall do all of the following:

(A) Investigate the management and operation of state agencies on his the inspector general's own initiative in order to determine whether wrongful acts and omissions have been committed or are being committed by state officers or state employees;

(B) Receive complaints under section 121.46 of the Revised Code alleging wrongful acts and omissions, determine whether the information contained in those complaints allege facts that give reasonable cause to investigate, and, if so, investigate to determine if there is reasonable cause to believe that the alleged wrongful act or omission has been committed or is being committed by a state officer or state employee;

(C) Except as otherwise provided in this division, contemporaneously report suspected crimes and wrongful acts or omissions that were or are being committed by state officers or state employees to the governor and to the appropriate state or federal prosecuting authority with jurisdiction over the matter if there is reasonable cause to believe that a crime has occurred or is occurring. In addition, the inspector general shall report the wrongful acts or omissions, as appropriate under the circumstances, to the appropriate ethics commission in accordance with section 102.06 of the Revised Code, the appropriate licensing agency for possible disciplinary action, or the state officer's or state employee's appointing authority for possible disciplinary action. The inspector general shall not report a wrongful act or omission to a person as required by this division if that person allegedly committed or is committing the wrongful act or omission.

(D) Except as otherwise provided in this division, contemporaneously report suspected crimes and wrongful acts or omissions that the inspector general becomes aware of in connection with an investigation of a state agency, state officer, or state employee, and that were or are being committed by persons who are not state officers or state employees to the governor and to the appropriate state or federal prosecuting authority with jurisdiction over the matter if there is reasonable cause to believe that a crime has occurred or is occurring. In addition, the inspector general shall report the wrongful acts or omissions, as appropriate under the circumstances, to the appropriate ethics commission in accordance with section 102.06 of the Revised Code, the appropriate licensing agency for possible disciplinary action, or the person's public or private employer for possible disciplinary action. The inspector general shall not report a wrongful act or omission to a person as required by this division if that person allegedly committed or is committing the wrongful act or omission.

(E) Prepare a detailed report of each investigation that states the basis for the investigation, the action taken in furtherance of the investigation, and whether the investigation revealed that there was reasonable cause to believe that a wrongful act or omission had occurred. If a wrongful act or omission was identified during the investigation, the report shall identify the person who committed the wrongful act or omission, describe the wrongful act or omission, explain how it was detected, indicate to whom it was reported, and describe what the state agency in which the wrongful act or omission was being committed is doing to change its policies or procedures to prevent recurrences of similar wrongful acts or omissions.

(F) Identify other state agencies that also are responsible for investigating, auditing, reviewing, or evaluating the management and operation of state agencies, and negotiate and enter into agreements with these agencies to share information and avoid duplication of effort;

(G) For his the inspector general's own guidance and the guidance of deputy inspectors general, develop and update in the light of experience, both of the following:

(1) Within the scope of the definition in division (G)(J) of section 121.41 of the Revised Code, a working definition of "wrongful act or omission";

(2) A manual of investigative techniques.

(H) Conduct studies of techniques of investigating and detecting, and of preventing or reducing the risk of, wrongful acts and omissions by state officers and state employees;

(I) Consult with state agencies and advise them in developing, implementing, and enforcing policies and procedures that will prevent or reduce the risk of wrongful acts and omissions by their state officers or state employees;

(J) After detecting a wrongful act or omission, review and evaluate the relevant policies and procedures of the state agency in which the wrongful act or omission occurred, and advise the state agency as to any changes that should be made in its policies and procedures so as to prevent recurrences of similar wrongful acts or omissions;

(K) Designate a deputy inspector general to act as inspector general with respect to all of the inspector general's duties under this chapter regarding any recusal of the inspector general. A deputy inspector general designated under this division shall not have a familial relationship with an employee, or be a former employee, of the state agency that is the subject of the recusal.

(L) Recuse the inspector general from acting as the inspector general with respect to any matter or investigation regarding a state agency if the inspector general has a familial relationship with an employee of that agency or the state agency formerly employed the inspector general. The recusal shall include any issue related to such a state agency, including, but not limited to, any decision whether to investigate a complaint regarding the agency.

(1) In the event of a recusal by the inspector general, the designated deputy shall act as inspector general and assume administration of the inspector general's office only to the extent necessary for the designated deputy to resolve any matter over which the inspector general is or was not able to act as inspector general due to the recusal.

(2) Any actions related to a recusal by the inspector general shall be performed in the name of the designated deputy. Any employee of the inspector general's office, and any employee of the state agency that is the subject of the recusal, that would normally be required to communicate with, cooperate with, or provide assistance to the inspector general regarding a complaint or as part of an investigation of the state agency subject to the recusal shall communicate with, cooperate with, or provide assistance to the designated deputy regarding that state agency as if the designated deputy were the inspector general, and the designated deputy shall act as the inspector general with respect to that state agency.

(3) Nothing in division (K) or (L) of this section shall be construed to supersede the governor's authority to appoint or remove the inspector general. The designation of a deputy under division (K) of this section shall coincide with the term of the governor or inspector general, whichever is applicable.

Section 2. That existing sections 121.41 and 121.42 of the Revised Code are hereby repealed.