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Am. Sub. H. B. No. 1 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Mecklenborg, Adams, J., Combs, Dovilla, Grossman, Huffman, Stebelton, Hollington, McGregor, Gardner, Beck, Hall, McClain, Anielski, Balderson, Slaby, Amstutz, Adams, R., Sears, Baker, Blair, Blessing, Boose, Brenner, Bubp, Buchy, Damschroder, Derickson, Gonzales, Goodwin, Hackett, Henne, Maag, Martin, Rosenberger, Ruhl, Stautberg, Thompson, Uecker, Wachtmann
Senators Faber, Patton, Daniels, Gillmor, Hughes, Seitz, Jones, Bacon, Schaffer, Beagle, Cates, Hite, Lehner, Obhof, Oelslager, Widener, Niehaus, Manning
A BILL
To amend sections 1.60, 102.01, 102.02, 102.022,
117.01, 121.01, 121.22, 121.41, 121.60, 121.67,
122.011, 124.01, 145.012, 149.011, 2921.01, and
4117.01 and to enact sections 187.01 to 187.12 of
the Revised Code to authorize the Governor to form
a nonprofit corporation that would perform such
state economic development functions as directed
by law and pursuant to a contract with the
Department of Development, and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1.60, 102.01, 102.02, 102.022,
117.01, 121.01, 121.22, 121.41, 121.60, 121.67, 122.011, 124.01,
145.012, 149.011, 2921.01, and 4117.01 be amended and sections
187.01, 187.02, 187.03, 187.04, 187.05, 187.06, 187.07, 187.08,
187.09, 187.10, 187.11, and 187.12 of the Revised Code be enacted
to read as follows:
Sec. 1.60. As used in Title I of the Revised Code, "state
agency," except as otherwise provided in the title, means every
organized body, office, or agency established by the laws of the
state for the exercise of any function of state government. "State
agency" does not include the nonprofit corporation formed under
section 187.01 of the Revised Code.
Sec. 102.01. As used in 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 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, 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.
"Public agency"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code.
(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 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 executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; all members of the
Ohio casino control commission, the executive director of the
commission, all professional employees of the commission, and all
technical employees of the commission who perform an internal
audit function; the individuals set forth in division (B)(2) of
section 187.03 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; the administrator of workers' compensation and each
member of the bureau of workers' compensation board of directors;
the bureau of workers' compensation director of investments; the
chief investment officer of the bureau of workers' compensation;
the director appointed by the workers' compensation council; 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 southern Ohio
agricultural and community development foundation; all members
appointed to the Ohio livestock care standards board under section
904.02 of the Revised Code; and every other public official or
employee who is designated by the appropriate ethics commission
pursuant to division (B) of this section.
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. 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 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 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.
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 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. Disclosure statements
filed with the Ohio ethics commission under division (A) of this
section by the individuals set forth in division (B)(2) of section
187.03 of the Revised Code shall be kept confidential. 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:
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For state office, except member of the |
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state board of education |
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$65 |
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For office of member of general assembly |
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$40 |
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For county office |
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$40 |
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For city office |
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$25 |
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For office of member of the state board |
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of education |
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$25 |
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For office of member of the Ohio |
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livestock care standards board |
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$25 |
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For office of member of a city, local, |
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exempted village, or cooperative |
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education board of |
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education or educational service |
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center governing board |
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$20 |
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For position of business manager, |
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treasurer, or superintendent of a |
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city, local, exempted village, joint |
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vocational, or cooperative education |
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school district or |
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educational service center |
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$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 and the joint legislative ethics committee 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.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E) and (F) of this section
into the joint legislative ethics committee investigative fund.
(H) Division (A) of this section does not apply to a person
elected or appointed to the office of precinct, ward, or district
committee member under Chapter 3517. of the Revised Code; a
presidential elector; a delegate to a national convention; village
or township officials and employees; any physician or psychiatrist
who is paid a salary or wage in accordance with schedule C of
section 124.15 or schedule E-2 of section 124.152 of the Revised
Code and whose primary duties do not require the exercise of
administrative discretion; or any member of a board, commission,
or bureau of any county or city who receives less than one
thousand dollars per year for serving in that position.
Sec. 102.022. Each person who is an officer or employee of a
political subdivision, who receives compensation of less than
sixteen thousand dollars a year for holding an office or position
of employment with that political subdivision, and who is required
to file a statement under section 102.02 of the Revised Code, and;
each member of the board of trustees of a state institution of
higher education as defined in section 3345.011 of the Revised
Code who is required to file a statement under section 102.02 of
the Revised Code; and each individual set forth in division (B)(2)
of section 187.03 of the Revised Code who is required to file a
statement under section 102.02 of the Revised Code, shall include
in that statement, in place of the information required by
divisions (A)(2), (7), (8), and (9) of that section, the following
information:
(A) Exclusive of reasonable expenses, identification of every
source of income over five hundred dollars received during the
preceding calendar year, in the officer's or employee's own name
or by any other person for the officer's or employee's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. This division shall not be construed to require the
disclosure of clients of attorneys or persons licensed under
section 4732.12 or 4732.15 of the Revised Code or patients of
persons certified under section 4731.14 of the Revised Code. This
division shall not be construed to require a person filing the
statement who derives income from a business or profession to
disclose the individual items of income that constitute the gross
income of the business or profession.
(B) The source of each gift of over five hundred dollars
received by the person in the officer's or employee's own name or
by any other person for the officer's or employee's use or benefit
during the preceding calendar year, except gifts received by will
or by virtue of section 2105.06 of the Revised Code, received from
parents, grandparents, children, grandchildren, siblings, nephews,
nieces, uncles, aunts, brothers-in-law, sisters-in-law,
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or
any person to whom the person filing the statement stands in loco
parentis, or received by way of distribution from any inter vivos
or testamentary trust established by a spouse or by an ancestor.
Sec. 117.01. As used in this chapter:
(A) "Color of office" means actually, purportedly, or
allegedly done under any law, ordinance, resolution, order, or
other pretension to official right, power, or authority.
(B) "Public accountant" means any person who is authorized by
Chapter 4701. of the Revised Code to use the designation of
certified public accountant or who was registered prior to January
1, 1971, as a public accountant.
(C) "Public money" means any money received, collected by, or
due a public official under color of office, as well as any money
collected by any individual on behalf of a public office or as a
purported representative or agent of the public office.
(D) "Public office" means any state agency, public
institution, political subdivision, other organized body, office,
agency, institution, or entity established by the laws of this
state for the exercise of any function of government. "Public
office" does not include the nonprofit corporation formed under
section 187.01 of the Revised Code.
(E) "Public official" means any officer, employee, or duly
authorized representative or agent of a public office.
(F) "State agency" means every organized body, office,
agency, institution, or other entity established by the laws of
the state for the exercise of any function of state government.
(G) "Audit" means any of the following:
(1) Any examination, analysis, or inspection of the state's
or a public office's financial statements or reports;
(2) Any examination, analysis, or inspection of records,
documents, books, or any other evidence relating to either of the
following:
(a) The collection, receipt, accounting, use, or expenditure
of public money by a public office or by a private institution,
association, board, or corporation;
(b) The determination by the auditor of state, as required by
section 117.11 of the Revised Code, of whether a public office has
complied with all the laws, rules, ordinances, or orders
pertaining to the public office.
(3) Any other type of examination, analysis, or inspection of
a public office or of a private institution, association, board,
or corporation receiving public money that is conducted according
to generally accepted or governmental auditing standards
established by rule pursuant to section 117.19 of the Revised
Code.
Sec. 121.01. As used in sections 121.01 to 121.20 of the
Revised Code:
(A) "Department" means the several departments of state
administration enumerated in section 121.02 of the Revised Code.
(B) "Division" means a part of a department established as
provided in section 121.07 of the Revised Code for the convenient
performance of one or more of the functions committed to a
department.
(C) "Departments, offices, and institutions" include every
organized body, office, and agency established by the constitution
and laws of the state for the exercise of any function of the
state government, and every institution or organization which
receives any support from the state. "Departments, offices, and
institutions" does not include the nonprofit corporation formed
under section 187.01 of the Revised Code.
Sec. 121.22. (A) This section shall be liberally construed
to require public officials to take official action and to conduct
all deliberations upon official business only in open meetings
unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or authority,
and any legislative authority or board, commission, committee,
council, agency, authority, or similar decision-making body of any
county, township, municipal corporation, school district, or other
political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic,
municipal, and public use when meeting for the purpose of the
appointment, removal, or reappointment of a member of the board of
directors of such a district pursuant to section 6115.10 of the
Revised Code, if applicable, or for any other matter related to
such a district other than litigation involving the district. As
used in division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01
of the Revised Code.
(2) "Meeting" means any prearranged discussion of the public
business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an inmate,
patient, or resident of a state or local institution because of
criminal behavior, mental illness or retardation, disease,
disability, age, or other condition requiring custodial care.
(4) "Public office" has the same meaning as in section
149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public
meetings open to the public at all times. A member of a public
body shall be present in person at a meeting open to the public to
be considered present or to vote at the meeting and for purposes
of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public
body shall be promptly prepared, filed, and maintained and shall
be open to public inspection. The minutes need only reflect the
general subject matter of discussions in executive sessions
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(2) An audit conference conducted by the auditor of state or
independent certified public accountants with officials of the
public office that is the subject of the audit;
(3) The adult parole authority when its hearings are
conducted at a correctional institution for the sole purpose of
interviewing inmates to determine parole or pardon;
(4) The organized crime investigations commission established
under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established
under section 307.621 of the Revised Code and meetings conducted
pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to
suspend a certificate without a prior hearing pursuant to division
(G) of either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when determining whether to suspend
a license or certificate without a prior hearing pursuant to
division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to
suspend a license without a prior hearing pursuant to division (D)
of section 4729.16 of the Revised Code;
(9) The state chiropractic board when determining whether to
suspend a license without a hearing pursuant to section 4734.37 of
the Revised Code.;
(10) The executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code;
(11) The board of directors of the nonprofit corporation
formed under section 187.01 of the Revised Code or any committee
thereof, and the board of directors of any subsidiary of that
corporation or a committee thereof.
(E) The controlling board, the development financing advisory
council, the industrial technology and enterprise advisory
council, the tax credit authority, or the minority development
financing advisory board, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council, or authority members present, may close the meeting
during consideration of the following information confidentially
received by the authority, council, or board from the applicant:
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or members
of the applicant's immediate family, including, but not limited
to, tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to accept or
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a reasonable
method whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. A public body shall not hold a special
meeting unless it gives at least twenty-four hours' advance notice
to the news media that have requested notification, except in the
event of an emergency requiring immediate official action. In the
event of an emergency, the member or members calling the meeting
shall notify the news media that have requested notification
immediately of the time, place, and purpose of the meeting.
The rule shall provide that any person, upon request and
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this section, the
members of a public body may hold an executive session only after
a majority of a quorum of the public body determines, by a roll
call vote, to hold an executive session and only at a regular or
special meeting for the sole purpose of the consideration of any
of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for the elected official's removal from office.
If a public body holds an executive session pursuant to division
(G)(1) of this section, the motion and vote to hold that executive
session shall state which one or more of the approved purposes
listed in division (G)(1) of this section are the purposes for
which the executive session is to be held, but need not include
the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes,
or for the sale of property at competitive bidding, if premature
disclosure of information would give an unfair competitive or
bargaining advantage to a person whose personal, private interest
is adverse to the general public interest. No member of a public
body shall use division (G)(2) of this section as a subterfuge for
providing covert information to prospective buyers or sellers. A
purchase or sale of public property is void if the seller or buyer
of the public property has received covert information from a
member of a public body that has not been disclosed to the general
public in sufficient time for other prospective buyers and sellers
to prepare and submit offers.
If the minutes of the public body show that all meetings and
deliberations of the public body have been conducted in compliance
with this section, any instrument executed by the public body
purporting to convey, lease, or otherwise dispose of any right,
title, or interest in any public property shall be conclusively
presumed to have been executed in compliance with this section
insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the subject
of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or
bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law
or regulations or state statutes;
(6) Details relative to the security arrangements and
emergency response protocols for a public body or a public office,
if disclosure of the matters discussed could reasonably be
expected to jeopardize the security of the public body or public
office;
(7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, a joint township hospital
operated pursuant to Chapter 513. of the Revised Code, or a
municipal hospital operated pursuant to Chapter 749. of the
Revised Code, to consider trade secrets, as defined in section
1333.61 of the Revised Code.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of this section
shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting that
results from deliberations in a meeting not open to the public is
invalid unless the deliberations were for a purpose specifically
authorized in division (G) or (J) of this section and conducted at
an executive session held in compliance with this section. A
resolution, rule, or formal action adopted in an open meeting is
invalid if the public body that adopted the resolution, rule, or
formal action violated division (F) of this section.
(I)(1) Any person may bring an action to enforce this
section. An action under division (I)(1) of this section shall be
brought within two years after the date of the alleged violation
or threatened violation. Upon proof of a violation or threatened
violation of this section in an action brought by any person, the
court of common pleas shall issue an injunction to compel the
members of the public body to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall order
the public body that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in division (I)(2) of this section, reasonable
attorney's fees. The court, in its discretion, may reduce an award
of attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of violation or threatened
violation that was the basis of the injunction, a well-informed
public body reasonably would believe that the public body was not
violating or threatening to violate this section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an injunction
pursuant to division (I)(1) of this section and the court
determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that sought
the injunction shall be conclusively and irrebuttably presumed
upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney or the attorney
general.
(J)(1) Pursuant to division (C) of section 5901.09 of the
Revised Code, a veterans service commission shall hold an
executive session for one or more of the following purposes unless
an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the
Revised Code.
(2) A veterans service commission shall not exclude an
applicant for, recipient of, or former recipient of financial
assistance under sections 5901.01 to 5901.15 of the Revised Code,
and shall not exclude representatives selected by the applicant,
recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial
assistance.
(3) A veterans service commission shall vote on the grant or
denial of financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open meeting of the commission. The
minutes of the meeting shall indicate the name, address, and
occupation of the applicant, whether the assistance was granted or
denied, the amount of the assistance if assistance is granted, and
the votes for and against the granting of assistance.
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) "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) "State agency" has the same meaning as in section 1.60 of
the Revised Code and includes the Ohio casino control commission,
but does not include any of the following:
(1) The general assembly;
(3) The secretary of state, auditor of state, treasurer of
state, or attorney general and their respective offices.
(E) "State employee" means any person who is an employee of a
state agency, or any person who does business with the state
including, only for the purposes of sections 121.41 to 121.50 of
the Revised Code, the nonprofit corporation formed under section
187.01 of the Revised Code.
(F) "State officer" means any person who is elected or
appointed to a public office in a state agency.
(G) "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. 121.60. As used in sections 121.60 to 121.69 of the
Revised Code:
(A) "Person" and "compensation" have the same meanings as in
section 101.70 of the Revised Code.
(B) "Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of an elected
executive official, the director of a department created under
section 121.02 of the Revised Code, an executive agency official,
or a member of the staff of any public officer or employee listed
in this division:
(1) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to, food and beverages,
entertainment, lodging, transportation, or honorariums;
(2) A contract, promise, or agreement to make an expenditure,
whether or not legally enforceable;
(3) The purchase, sale, or gift of services or any other
thing of value. "Expenditure" does not include a contribution,
gift, or grant to a foundation or other charitable organization
that is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. "Expenditure" does not
include the purchase, sale, or gift of services or any other thing
of value that is available to the general public on the same terms
as it is available to the persons listed in this division, or an
offer or sale of securities to any person listed in this division
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508,
adopted under the authority of the "Securities Act of 1933," 48
Stat. 74, 15 U.S.C.A. and following, or that is governed by a
comparable provision under state law.
(C) "Employer" means any person who, directly or indirectly,
engages an executive agency lobbyist.
(D) "Engage" means to make any arrangement, and "engagement"
means arrangement, whereby an individual is employed or retained
for compensation to act for or on behalf of an employer to
influence executive agency decisions or to conduct any executive
agency lobbying activity.
(E) "Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the
joint ownership or the ownership or part ownership in common of
any real or personal property or any commercial or business
enterprise of whatever form or nature between the following:
(1) An executive agency lobbyist, the executive agency
lobbyist's employer, or a member of the immediate family of the
executive agency lobbyist or the executive agency lobbyist's
employer; and
(2) Any elected executive official, the director of a
department created under section 121.02 of the Revised Code, an
executive agency official, or any member of the staff of a public
officer or employee listed in division (E)(2) of this section.
"Financial transaction" does not include any transaction or
activity described in division (E) of this section if it is
available to the general public on the same terms, or if it is an
offer or sale of securities to any person listed in division
(E)(2) of this section that is governed by regulation D, 17 C.F.R.
230.501 to 230.508, adopted under the authority of the "Securities
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is
governed by a comparable provision under state law.
(F) "Executive agency" means the office of an elected
executive official, a department created under section 121.02 of
the Revised Code, or any other state agency, department, board, or
commission controlled or directed by an elected executive official
or otherwise subject to an elected executive official's authority.
For the purposes of sections 121.60 to 121.69 of the Revised Code
only, "executive agency" includes the nonprofit corporation formed
under section 187.01 of the Revised Code. "Executive agency" does
not include any court, the general assembly, or the controlling
board.
(G) "Executive agency decision" means a decision of an
executive agency regarding the expenditure of funds of the state
or of an executive agency with respect to the award of a contract,
grant, lease, or other financial arrangement under which such
funds are distributed or allocated, or a regulatory decision of an
executive agency or any board or commission of the state.
"Executive agency decision" does not include either of the
following:
(1) A purchasing decision for which a vendor has filed a
statement certifying that the vendor has not made campaign
contributions in an amount such that section 3517.13 of the
Revised Code would invalidate the decision, if that vendor has not
engaged an executive agency lobbyist;
(2) The award of a competitively bid contract for which bid
specifications were prepared and for which at least three eligible
competitive bids were received by the executive agency.
(H) "Executive agency lobbyist" means any person engaged to
influence executive agency decisions or to conduct executive
agency lobbying activity as one of the person's main purposes on a
regular and substantial basis. "Executive agency lobbyist" does
not include an elected or appointed officer or employee of a
federal or state agency, state college, state university, or
political subdivision who attempts to influence or affect
executive agency decisions in a fiduciary capacity as a
representative of the officer's or employee's agency, college,
university, or political subdivision.
(I) "Executive agency lobbying activity" means contacts made
to promote, oppose, or otherwise influence the outcome of an
executive agency decision by direct communication with an elected
executive official, the director of any department listed in
section 121.02 of the Revised Code, any executive agency official,
a member of the staff of any public officer or employee listed in
this division, any person described in division (E)(2) of this
section, or the Ohio casino control commission. "Lobbying
activity" does not include any of the following:
(1) The action of any person having a direct interest in
executive agency decisions who, under Section 3 of Article I, Ohio
Constitution, assembles together with other persons to consult for
their common good, instructs a person listed in the first
paragraph of division (I) of this section, or petitions such a
person for the redress of grievances;
(2) Contacts made for the sole purpose of gathering
information contained in a public record;
(3) Appearances before an executive agency to give testimony.
(J) "Executive agency official" means an officer or employee
of an executive agency whose principal duties are to formulate
policy or to participate directly or indirectly in the
preparation, review, or award of contracts, grants, leases, or
other financial arrangements with an executive agency.
(K) "Aggrieved party" means a party entitled to resort to a
remedy.
(L) "Elected executive official" means the governor,
lieutenant governor, secretary of state, auditor of state,
treasurer of state, and the attorney general.
(M) "Staff" means any officer or employee of an executive
agency whose official duties are to formulate policy and who
exercises administrative or supervisory authority or who
authorizes the expenditure of state funds.
Sec. 121.67. (A) Except as provided in division (B) of this
section, no person shall engage any person to influence executive
agency decisions or conduct executive agency lobbying activity for
compensation that is contingent in any way on the outcome of an
executive agency decision and no person shall accept any
engagement to influence executive agency decisions or conduct
executive agency lobbying activity for compensation that is
contingent in any way on the outcome of an executive agency
decision.
(B) Division (A) of this section does not prohibit and shall
not be construed to prohibit any person from compensating
his the
person's sales employees pursuant to an incentive compensation
plan, such as commission sales, if the incentive compensation plan
is the same plan used to compensate similarly situated sales
employees who are not executive agency lobbyists.
(C) No state elected officer or staff member shall receive or
agree to receive directly or indirectly compensation other than
from the agency with which the person serves for any service
rendered or to be rendered by the person personally in any case,
proceeding, application, or other matter that is before the
nonprofit corporation formed under section 187.01 of the Revised
Code. For purposes of this division, "state elected officer" means
any elected officer of this state and "staff member" means any
staff as defined in section 101.70 or in section 121.60 of the
Revised Code.
Sec. 122.011. (A) The department of development shall
develop and promote plans and programs designed to assure that
state resources are efficiently used, economic growth is properly
balanced, community growth is developed in an orderly manner, and
local governments are coordinated with each other and the state,
and for such purposes may do all of the following:
(1) Serve as a clearinghouse for information, data, and other
materials that may be helpful or necessary to persons or local
governments, as provided in section 122.07 of the Revised Code;
(2) Prepare and activate plans for the retention,
development, expansion, and use of the resources and commerce of
the state, as provided in section 122.04 of the Revised Code;
(3) Assist and cooperate with federal, state, and local
governments and agencies of federal, state, and local governments
in the coordination of programs to carry out the functions and
duties of the department;
(4) Encourage and foster research and development activities,
conduct studies related to the solution of community problems, and
develop recommendations for administrative or legislative actions,
as provided in section 122.03 of the Revised Code;
(5) Serve as the economic and community development planning
agency, which shall prepare and recommend plans and programs for
the orderly growth and development of this state and which shall
provide planning assistance, as provided in section 122.06 of the
Revised Code;
(6) Cooperate with and provide technical assistance to state
departments, political subdivisions, regional and local planning
commissions, tourist associations, councils of government,
community development groups, community action agencies, and other
appropriate organizations for carrying out the functions and
duties of the department or for the solution of community
problems;
(7) Coordinate the activities of state agencies that have an
impact on carrying out the functions and duties of the department;
(8) Encourage and assist the efforts of and cooperate with
local governments to develop mutual and cooperative solutions to
their common problems that relate to carrying out the purposes of
this section;
(9) Study existing structure, operations, and financing of
regional or local government and those state activities that
involve significant relations with regional or local governmental
units, recommend to the governor and to the general assembly such
changes in these provisions and activities as will improve the
operations of regional or local government, and conduct other
studies of legal provisions that affect problems related to
carrying out the purposes of this section;
(10) Create and operate a division of community development
to develop and administer programs and activities that are
authorized by federal statute or the Revised Code;
(11) Until October 15, 2007, establish fees and charges, in
consultation with the director of agriculture, for purchasing
loans from financial institutions and providing loan guarantees
under the family farm loan program created under sections 901.80
to 901.83 of the Revised Code;
(12) Provide loan servicing for the loans purchased and loan
guarantees provided under section 901.80 of the Revised Code as
that section existed prior to October 15, 2007;
(13) Until October 15, 2007, and upon approval by the
controlling board under division (A)(3) of section 901.82 of the
Revised Code of the release of money to be used for purchasing a
loan or providing a loan guarantee, request the release of that
money in accordance with division (B) of section 166.03 of the
Revised Code for use for the purposes of the fund created by
section 166.031 of the Revised Code.
(14) Allocate that portion of the national recovery zone
economic development bond limitation and that portion of the
national recovery zone facility bond limitation that has been
allocated to the state under section 1400U-1 of the Internal
Revenue Code, 26 U.S.C. 1400U-1. If any county or municipal
corporation waives any portion of an allocation it receives under
division (A)(14) of this section, the department may reallocate
that amount. Any allocation or reallocation shall be made in
accordance with this section and section 1400U-1 of the Internal
Revenue Code.
(B) The director of development may request the attorney
general to, and the attorney general, in accordance with section
109.02 of the Revised Code, shall bring a civil action in any
court of competent jurisdiction. The director may be sued in the
director's official capacity, in connection with this chapter, in
accordance with Chapter 2743. of the Revised Code.
(C) The director of development shall execute a contract
pursuant to section 187.04 of the Revised Code with the nonprofit
corporation formed under section 187.01 of the Revised Code, and
may execute any additional contracts with the corporation
providing for the corporation to assist the director or department
in carrying out any duties of the director or department under
this chapter or under a contract with the director, subject to
section 187.04 of the Revised Code.
Sec. 124.01. Except as otherwise provided in this chapter,
as used in this chapter:
(A) "Civil service" includes all offices and positions of
trust or employment in the service of the state and in the service
of the counties, cities, city health districts, general health
districts, and city school districts of the state.
(B) "State service" includes all offices and positions in the
service of the state and the counties and general health districts
of the state. "State service" does not include offices and
positions in the service of the cities, city health districts, and
city school districts of the state.
(C) "Classified service" means the competitive classified
civil service of the state, the several counties, cities, city
health districts, general health districts, and city school
districts of the state, and civil service townships.
(D) "Appointing authority" means the officer, commission,
board, or body having the power of appointment to, or removal
from, positions in any office, department, commission, board, or
institution.
(E) "Commission" means the municipal civil service commission
of any city, except that, when in reference to the commission that
serves a city school district, "commission" means the civil
service commission determined under section 124.011 of the Revised
Code.
(F) "Employee" means any person holding a position subject to
appointment, removal, promotion, or reduction by an appointing
officer.
"Employee" does not include an officer, employee, or
governor-appointed director of the nonprofit corporation formed
under section 187.01 of the Revised Code.
(G) "Civil service township" means any township with a
population of ten thousand or more persons residing within the
township and outside any municipal corporation, which has a police
or fire department of ten or more full-time paid employees and
which has a civil service commission established under division
(B) of section 124.40 of the Revised Code.
(H) "Flexible hours employee" means an employee who may work
more or less than eight hours on any given day so long as the
employee works forty hours in the same week.
(I) "Classification series" means any group of classification
titles that have the identical name but different numerical
designations, or identical titles except for designated levels of
supervision, except for those classification series established by
the director of administrative services in accordance with
division (A) of section 124.14 of the Revised Code.
(J) "Classification change" means a change in an employee's
classification in the job classification plan.
(K) "Service of the state" or "civil service of the state"
includes all offices and positions of trust or employment with the
government of the state. "Service of the state" and "civil service
of the state" do not include offices and positions of trust or
employment with state-supported colleges and universities,
counties, cities, city health districts, city school districts,
general health districts, and or civil service townships of the
state, or with the nonprofit corporation formed under section
187.01 of the Revised Code.
Sec. 145.012. (A) "Public employee," as defined in division
(A) of section 145.01 of the Revised Code, does not include any
person:
(1) Who is employed by a private, temporary-help service and
performs services under the direction of a public employer or is
employed on a contractual basis as an independent contractor under
a personal service contract with a public employer;
(2) Who is an emergency employee serving on a temporary basis
in case of fire, snow, earthquake, flood, or other similar
emergency;
(3) Who is employed in a program established pursuant to the
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A.
1501;
(4) Who is an appointed member of either the motor vehicle
salvage dealers board or the motor vehicle dealer's board whose
rate and method of payment are determined pursuant to division (J)
of section 124.15 of the Revised Code;
(5) Who is employed as an election worker and paid less than
five hundred dollars per calendar year for that service;
(6) Who is employed as a firefighter in a position requiring
satisfactory completion of a firefighter training course approved
under former section 3303.07 or section 4765.55 of the Revised
Code or conducted under section 3737.33 of the Revised Code except
for the following:
(a) Any firefighter who has elected under section 145.013 of
the Revised Code to remain a contributing member of the public
employees retirement system;
(b) Any firefighter who was eligible to transfer from the
public employees retirement system to the Ohio police and fire
pension fund under section 742.51 or 742.515 of the Revised Code
and did not elect to transfer;
(c) Any firefighter who has elected under section 742.516 of
the Revised Code to transfer from the Ohio police and fire pension
fund to the public employees retirement system.
(7) Who is a member of the board of health of a city or
general health district, which pursuant to sections 3709.051 and
3709.07 of the Revised Code includes a combined health district,
and whose compensation for attendance at meetings of the board is
set forth in division (B) of section 3709.02 or division (B) of
section 3709.05 of the Revised Code, as appropriate;
(8) Who participates in an alternative retirement plan
established under Chapter 3305. of the Revised Code;
(9) Who is a member of the board of directors of a sanitary
district established under Chapter 6115. of the Revised Code;
(10) Who is a member of the unemployment compensation
advisory council;
(11) Who is an employee, officer, or governor-appointed
member of the board of directors of the nonprofit corporation
formed under section 187.01 of the Revised Code.
(B) No inmate of a correctional institution operated by the
department of rehabilitation and correction, no patient in a
hospital for the mentally ill or criminally insane operated by the
department of mental health, no resident in an institution for the
mentally retarded operated by the department of developmental
disabilities, no resident admitted as a patient of a veterans'
home operated under Chapter 5907. of the Revised Code, and no
resident of a county home shall be considered as a public employee
for the purpose of establishing membership or calculating service
credit or benefits under this chapter. Nothing in this division
shall be construed to affect any service credit attained by any
person who was a public employee before becoming an inmate,
patient, or resident at any institution listed in this division,
or the payment of any benefit for which such a person or such a
person's beneficiaries otherwise would be eligible.
Sec. 149.011. As used in this chapter, except as otherwise
provided:
(A) "Public office" includes any state agency, public
institution, political subdivision, or other organized body,
office, agency, institution, or entity established by the laws of
this state for the exercise of any function of government.
"Public
office" does not include the nonprofit corporation formed under
section 187.01 of the Revised Code.
(B) "State agency" includes every department, bureau, board,
commission, office, or other organized body established by the
constitution and laws of this state for the exercise of any
function of state government, including any state-supported
institution of higher education, the general assembly, any
legislative agency, any court or judicial agency, or any political
subdivision or agency of a political subdivision.
"State agency"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code.
(C) "Public money" includes all money received or collected
by or due a public official, whether in accordance with or under
authority of any law, ordinance, resolution, or order, under color
of office, or otherwise. It also includes any money collected by
any individual on behalf of a public office or as a purported
representative or agent of the public office.
(D) "Public official" includes all officers, employees, or
duly authorized representatives or agents of a public office.
(E) "Color of office" includes any act purported or alleged
to be done under any law, ordinance, resolution, order, or other
pretension to official right, power, or authority.
(F) "Archive" includes any public record that is transferred
to the state archives or other designated archival institutions
because of the historical information contained on it.
(G) "Records" includes any document, device, or item,
regardless of physical form or characteristic, including an
electronic record as defined in section 1306.01 of the Revised
Code, created or received by or coming under the jurisdiction of
any public office of the state or its political subdivisions,
which serves to document the organization, functions, policies,
decisions, procedures, operations, or other activities of the
office.
Sec. 187.01. As used in this chapter, "JobsOhio" means the
nonprofit corporation formed under this section, and includes any
subsidiary of that corporation. In any section of law that refers
to the nonprofit corporation formed under this section, reference
to the corporation includes reference to any such subsidiary
unless otherwise specified or clearly appearing from the context.
The governor is hereby authorized to form a nonprofit
corporation, to be named "JobsOhio," with the purposes of
promoting economic development, job creation, job retention, job
training, and the recruitment of business to this state.
The articles of incorporation shall set forth the following:
(A) The designation of the name of the corporation as
JobsOhio;
(B) The creation of a board of directors consisting of the
governor and eight directors, to be appointed by the governor, who
satisfy the qualifications prescribed by section 187.02 of the
Revised Code;
(C) A requirement that the governor make initial appointments
to the board within sixty days after the filing of the articles of
incorporation. Of the initial appointments made to the board, two
shall be for a term ending one year after the date the articles
were filed, two shall be for a term ending two years after the
date the articles were filed, and four shall be for a term ending
four years after the date the articles were filed. The articles
shall state that, following the initial appointments, the governor
shall appoint directors to terms of office of four years, with
each term of office ending on the same day of the same month as
did the term that it succeeds. If any director dies, resigns, or
the director's status changes such that any of the requirements of
division (C) of section 187.02 of the Revised Code are no longer
met, that director's seat on the board shall become immediately
vacant. The governor shall forthwith fill the vacancy by
appointment for the remainder of the term of office of the vacated
seat.
(D) The designation of the governor as the chairperson of the
board and procedures for electing directors to serve as officers
of the corporation and members of an executive committee;
(E) A provision for the appointment of a chief investment
officer of the corporation by the recommendation of the board and
approval of the governor. The chief investment officer shall serve
at the pleasure of the governor and shall have the power to
execute contracts, spend corporation funds, and hire employees on
behalf of the corporation.
(F) Provisions requiring the board to do all of the
following:
(1) Adopt one or more resolutions providing for compensation
of the chief investment officer;
(2) Approve an employee compensation plan recommended by the
chief investment officer;
(3) Approve a contract with the director of development for
the corporation to assist the director and the department of
development with providing services or otherwise carrying out the
functions or duties of the department, including the operation and
management of programs, offices, divisions, or boards, as may be
determined by the director of development in consultation with the
governor;
(4) Approve all major contracts for services recommended by
the chief investment officer;
(5) Establish an annual strategic plan and standards of
measure to be used in evaluating the corporation's success in
executing the plan;
(6) Establish a conflicts of interest policy that, at a
minimum, complies with section 187.06 of the Revised Code;
(7) Hold a minimum of four board of directors meetings per
year at which a quorum of the board is physically present, and
such other meetings, at which directors' physical presence is not
required, as may be necessary. Meetings at which a quorum of the
board is required to be physically present are subject to
divisions (C), (D), and (E) of section 187.03 of the Revised Code.
(8) Establish a records retention policy and present the
policy, and any subsequent changes to the policy, at a meeting of
the board of directors at which a quorum of the board is required
to be physically present pursuant to division (F)(7) of this
section;
(9) Adopt standards of conduct for the directors.
(G) A statement that directors shall not receive any
compensation from the corporation, except that governor-appointed
directors may be reimbursed for actual and necessary expenses
incurred in connection with services performed for the
corporation;
(H) A provision authorizing the board to amend provisions of
the corporation's articles of incorporation or regulations, except
provisions required by this chapter;
(I) Procedures by which the corporation would be dissolved
and by which all corporation rights, liabilities, and assets would
be distributed to the state or to another corporation organized
under this chapter. These procedures shall incorporate any
procedures set forth in this chapter for the dissolution of the
corporation. The articles shall state that no dissolution shall
take effect until the corporation has made adequate provision for
the payment of any outstanding bonds, notes, or other obligations.
(J) A provision establishing an audit committee to be
comprised of directors. The articles shall require that the audit
committee hire an independent certified public accountant to
perform a financial audit of the corporation at least once every
year.
(K) A provision authorizing the governor, as chairperson of
the board, to remove a director for misconduct as may be defined
in the articles or regulations of the corporation. The removal of
a director under this division creates a vacancy on the board that
the governor shall fill by appointment for the remainder of the
term of office of the vacated seat.
Sec. 187.02. (A) To qualify for appointment to the board of
directors of JobsOhio, an individual must satisfy all of the
following:
(1) Has an understanding of generally accepted accounting
principles and financial statements;
(2) Possesses the ability to assess the general application
of such principles in connection with the accounting for
estimates, accruals, and reserves;
(3) Has experience preparing, auditing, analyzing, or
evaluating financial statements that present a breadth and level
of complexity of accounting issues that are generally comparable
to the breadth and complexity of issues that can reasonably be
expected to be presented by the JobsOhio corporation's financial
statements, or experience actively supervising one or more persons
engaged in such activities;
(4) Has an understanding of internal controls and the
procedures for financial reporting;
(5) Has an understanding of audit committee functions.
(B) Specific experience demonstrating the qualifications
required by division (A) of this section may be evidenced by any
of the following:
(1) Education and experience as a principal financial
officer, principal accounting officer, controller, public
accountant or auditor, or experience in one or more positions that
involve the performance of similar functions;
(2) Experience actively supervising a principal financial
officer, principal accounting officer, controller, public
accountant, auditor, or person performing similar functions;
(3) Experience overseeing or assessing the performance of
companies or public accountants with respect to the preparation,
auditing, or evaluation of financial statements;
(4) Other experience considered relevant by the governor
consistent with division (A) of this section.
(C) Each individual appointed to the board of directors shall
be a citizen of the United States. At least six of the individuals
appointed to the board shall be residents of or domiciled in this
state.
Sec. 187.03. (A) JobsOhio may perform such functions as
permitted and shall perform such duties as prescribed by law, but
shall not be considered a state or public department, agency,
office, body, institution, or instrumentality for purposes of
section 1.60 or Chapter 102., 121., 125., or 149. of the Revised
Code. JobsOhio and its board of directors are not subject to the
following sections of Chapter 1702. of the Revised Code: sections
1702.03, 1702.08, 1702.09, 1702.21, 1702.24, 1702.26, 1702.27,
1702.28, 1702.29, 1702.301, 1702.33, 1702.34, 1702.37, 1702.38,
1702.40 to 1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59,
1702.60, 1702.80, and 1702.99. Nothing in this division shall be
construed to impair the powers and duties of the Ohio ethics
commission described in section 102.06 of the Revised Code to
investigate and enforce section 102.02 of the Revised Code with
regard to individuals required to file statements under division
(B)(2) of this section.
(B)(1) With the exception of the governor, directors and
employees of JobsOhio are not employees or officials of the state
and, except as provided in division (B)(2) of this section, are
not subject to Chapter 102., 124., 145., or 4117. of the Revised
Code.
(2) The chief investment officer, any other officer or
employee with significant administrative, supervisory,
contracting, or investment authority, and any governor-appointed
director of JobsOhio shall file, with the Ohio ethics commission,
a financial disclosure statement pursuant to section 102.02 of the
Revised Code that includes, in place of the information required
by divisions (A)(2), (7), (8), and (9) of that section, the
information required by divisions (A) and (B) of section 102.022
of the Revised Code. The governor shall comply with all applicable
requirements of section 102.02 of the Revised Code.
(3) Actual or in-kind expenditures for the travel, meals, or
lodging of the governor or of any public official or employee
designated by the governor for the purpose of this division shall
not be considered a violation of section 102.03 of the Revised
Code if the expenditures are made by the corporation, or on behalf
of the corporation by any person, in connection with the
governor's performance of official duties as chairperson of the
board of directors of JobsOhio. The governor may designate any
person, including a person who is a public official or employee as
defined in section 102.01 of the Revised Code, for the purpose of
this division if such expenditures are made on behalf of the
person in connection with the governor's performance of official
duties as chairperson. A public official or employee so designated
by the governor shall comply with all applicable requirements of
section 102.02 of the Revised Code.
At the times and frequency agreed to under division (B)(2)(b)
of section 187.04 of the Revised Code, beginning in 2012, the
corporation shall file with the department of development a
written report of all such expenditures paid or incurred during
the preceding calendar year. The report shall state the dollar
value and purpose of each expenditure, the date of each
expenditure, the name of the person that paid or incurred each
expenditure, and the location, if any, where services or benefits
of an expenditure were received, provided that any such
information that may disclose proprietary information as defined
in division (C) of this section shall not be included in the
report.
(4) The prohibition applicable to former public officials or
employees in division (A)(1) of section 102.03 of the Revised Code
does not apply to any person appointed to be a director or hired
as an employee of JobsOhio.
(5) Notwithstanding division (A)(2) of section 145.01 of the
Revised Code, any person who is a former state employee shall no
longer be considered a public employee for purposes of Chapter
145. of the Revised Code upon commencement of employment with
JobsOhio.
(6) Any director, officer, or employee of JobsOhio may
request an advisory opinion from the Ohio ethics commission with
regard to questions concerning the provisions of sections 102.02
and 102.022 of the Revised Code to which the person is subject.
(C) Meetings of the board of directors at which a quorum of
the board is required to be physically present pursuant to
division (F) of section 187.01 of the Revised Code shall be open
to the public except, by a majority vote of the directors present
at the meeting, such a meeting may be closed to the public only
for one or more of the following purposes:
(1) To consider business strategy of the corporation;
(2) To consider proprietary information belonging to
potential applicants or potential recipients of business
recruitment, retention, or creation incentives. For the purposes
of this division, "proprietary information" means marketing plans,
specific business strategy, production techniques and trade
secrets, financial projections, or personal financial statements
of applicants or members of the applicants' immediate family,
including, but not limited to, tax records or other similar
information not open to the public inspection.
(3) To consider legal matters, including litigation, in which
the corporation is or may be involved;
(4) To consider personnel matters related to an individual
employee of the corporation.
(D) The board of directors shall establish a reasonable
method whereby any person may obtain the time and place of all
public meetings described in division (C) of this section. The
method shall provide that any person, upon request and payment of
a reasonable fee, may obtain reasonable advance notification of
all such meetings.
(E) The board of directors shall promptly prepare, file, and
maintain minutes of all public meetings described in division (C)
of this section.
(F) Not later than March 1, 2012, and the first day of March
of each year thereafter, the chief investment officer of JobsOhio
shall prepare and submit a report of the corporation's activities
for the preceding year to the governor, the speaker and minority
leader of the house of representatives, and the president and
minority leader of the senate. The annual report shall include the
following:
(1) An analysis of the state's economy;
(2) A description of the structure, operation, and financial
status of the corporation;
(3) A description of the corporation's strategy to improve
the state economy and the standards of measure used to evaluate
its progress;
(4) An evaluation of the performance of current strategies
and major initiatives;
(5) An analysis of any statutory or administrative barriers
to successful economic development, business recruitment, and job
growth in the state identified by JobsOhio during the preceding
year.
Sec. 187.04. (A) The director of development, as soon as
practical after the effective date of this section, shall execute
a contract with JobsOhio for the corporation to assist the
director and the department of development with providing services
or otherwise carrying out the functions or duties of the
department, including the operation and management of programs,
offices, divisions, or boards, as may be determined by the
director in consultation with the governor. The approval or
disapproval of awards shall remain functions of the department.
All contracts for grants, loans, and tax incentives shall be
between the department and the recipient and shall be enforced by
the department. JobsOhio may not execute contracts obligating the
department for loans, grants, tax credits, or incentive awards
recommended by JobsOhio to the department. Prior to execution, all
contracts between the director and JobsOhio are subject to
controlling board approval.
The term of a contract entered into under this section shall
not extend beyond a fiscal biennium of the general assembly, but
may be renewed or amended by the parties.
(B) A contract entered into under this section shall include
all of the following:
(1) Terms assigning to the corporation the duties of advising
and assisting the director of development in the director's
evaluation of the department and the formulation of
recommendations under section 187.05 of the Revised Code;
(2) Terms designating records created or received by JobsOhio
that shall be made available to the public under the same
conditions as are public records under section 149.43 of the
Revised Code. Documents designated to be made available to the
public pursuant to the contract shall be kept on file with the
department of development.
Among records to be designated under this division shall be
the following:
(a) The corporation's federal income tax returns;
(b) The report of expenditures described in division (B)(3)
of section 187.03 of the Revised Code. The records shall be filed
with the department at such times and frequency as agreed to by
the corporation and the department, which shall not be less
frequently than quarterly.
(c) The annual total compensation paid to each officer and
employee of the corporation;
(d) A copy of the audit report for each financial audit of
the corporation performed by an independent certified public
accountant pursuant to division (J) of section 187.01 of the
Revised Code.
(e) Records of any fully executed incentive proposals, to be
filed annually;
(f) Records pertaining to the monitoring of commitments made
by incentive recipients, to be filed annually;
(g) A copy of the minutes of all public meetings described in
division (C) of section 187.03 of the Revised Code not otherwise
closed to the public.
(3) The following statement acknowledging that JobsOhio is
not acting as an agent of the state:
"JobsOhio shall have no power or authority to bind the state
or to assume or create an obligation or responsibility, expressed
or implied, on behalf of the state or in its name, nor shall
JobsOhio represent to any person that it has any such power or
authority, except as expressly provided in this contract."
(C) Records created or received by JobsOhio are not public
records for the purposes of section 149.43 of the Revised Code,
regardless of who may have custody of the records, unless the
record is designated to be available to the public by the contract
under division (B)(2) of this section.
(D) Any contract executed under authority of this section
shall not negate, impair, or otherwise adversely affect the
obligation of this state to pay debt charges on securities
executed by the director of development or issued by the treasurer
of state, Ohio public facilities commission, or any other issuing
authority under Chapter 122., 151., 165., or 166. of the Revised
Code to fund economic development programs of the state, or to
abide by any pledge or covenant relating to the payment of those
debt charges made in any related proceedings. As used in this
division, "debt charges," "proceedings," and "securities" have the
same meanings as in section 133.01 of the Revised Code.
(E) Nothing in this section, other than the requirement of
controlling board approval, shall prohibit the department from
contracting with JobsOhio to perform any of the following
functions:
(1) Promoting and advocating for the state;
(2) Making recommendations to the department;
(3) Performing research for the department;
(4) Establishing and managing programs or offices on behalf
of the department, by contract;
(5) Negotiating on behalf of the state.
(F) Nothing in this section, other than the requirement of
controlling board approval, shall prohibit the department from
compensating JobsOhio from funds currently appropriated to the
department to perform the functions described in division (E) of
this section.
Sec. 187.05. The director of development, as soon as
practical after the effective date of this section, shall, in
consultation with the governor, evaluate all powers, functions,
and duties of the department. Within six months after that
effective date, the director shall submit a report to the general
assembly recommending statutory changes necessary to improve the
functioning and efficiency of the department and to transfer
specified powers, functions, and duties of the department to other
existing agencies of the state or to JobsOhio, or eliminate
specified powers, functions, or duties. The recommendations shall
be submitted in writing to the speaker and minority leader of the
house of representatives and the president and minority leader of
the senate.
After submitting the report, the director, in consultation
with the governor, shall continue to evaluate the department and
make additional recommendations on such matters to the general
assembly.
Sec. 187.06. (A) For purposes of this section, "interested
individual" means a director or officer of JobsOhio who has,
directly or indirectly, through business, investment, or family,
any of the following:
(1) An ownership or investment interest in any person with
which JobsOhio has a transaction or arrangement;
(2) A compensation arrangement with JobsOhio or with any
person with which JobsOhio has a transaction or arrangement;
(3) A potential ownership or investment interest in, or
compensation arrangement with, any person with which JobsOhio is
negotiating a transaction or arrangement. Compensation includes
direct and indirect remuneration as well as material gifts or
favors.
(B) The conflicts of interest policy adopted pursuant to
section 187.01 of the Revised Code shall protect JobsOhio's
interest when it is considering a transaction or arrangement that
might benefit the private interest of a director or officer of
JobsOhio or might directly benefit that individual in other than a
de minimis manner. An interested individual shall disclose the
existence of a financial interest to each member of the board of
directors of JobsOhio. The interested individual shall be given an
opportunity to disclose all material facts to the directors. After
disclosure of the financial interest and all material facts, the
board of directors shall decide if a conflict of interest exists.
If the board decides by a majority vote of the disinterested
directors that a conflict exists, the disinterested directors
shall determine whether JobsOhio can obtain with reasonable
efforts a more advantageous transaction or arrangement from a
person that would not give rise to a conflict of interest. If a
more advantageous transaction or arrangement is not reasonably
possible under circumstances not producing a conflict of interest,
the board shall determine by a majority vote of the disinterested
directors whether the transaction or arrangement is in JobsOhio's
best interest, for its own benefit, and whether it is fair and
reasonable.
(C) If the board of directors has reasonable cause to believe
a director or officer has failed to disclose an actual or possible
conflict of interest, it shall inform the individual of the basis
for such belief and provide the individual with an opportunity to
explain the alleged failure to disclose. If the board determines
the individual has failed to disclose an actual or possible
conflict of interest, it shall take appropriate disciplinary and
corrective action, including, but not limited to, initiating an
action for breach of fiduciary duty.
(D) Minutes of board meetings considering possible or actual
conflicts of interest shall be kept. The minutes shall contain
both of the following:
(1) The names of the individuals who disclosed, or were found
to have, a financial interest in connection with an actual or
possible conflict of interest, the nature of the financial
interest, any action taken to determine whether a conflict of
interest was present, and the board's decision as to whether a
conflict of interest existed;
(2) The names of the individuals who were present for
discussions and votes relating to the transaction or arrangement,
the content of the discussion, including any alternatives to the
proposed transaction or arrangement, and a record of any votes
taken in connection with the proceedings.
(E) An officer or employee of JobsOhio whose responsibility
includes compensation matters and who receives compensation,
directly or indirectly, from JobsOhio for services is precluded
from voting or providing information to a compensation committee,
if any, on matters pertaining to that individual's compensation.
(F) The conflicts of interest policy adopted pursuant to
section 187.01 of the Revised Code shall prohibit any director of
JobsOhio from soliciting or accepting employment with any person
that receives or has received an incentive or other assistance as
a result of a decision the director participated in as a director
of JobsOhio.
(G) Each director or officer shall annually sign a statement
that affirms the individual:
(1) Has received a copy of the conflicts of interest policy;
(2) Has read and understands the policy;
(3) Has agreed to comply with the policy;
(4) Understands JobsOhio's statutory purpose and that it is a
nonprofit corporation.
(H) To ensure JobsOhio operates in a manner consistent with
its statutory purpose or contractual obligations, periodic reviews
shall be conducted. The periodic reviews shall, at a minimum,
determine all of the following:
(1) Whether compensation arrangements and benefits are
reasonable, based on competent survey information, and the result
of arm's length bargaining;
(2) Whether JobsOhio's operations are consistent with its
articles of incorporation, regulations, and contractual
obligations, and are properly documented;
(3) Whether transactions are fair to JobsOhio, reflect
reasonable investment or payments for goods and services, further
JobsOhio's statutory purpose or contractual obligations, and do
not result in direct private benefit to directors, officers, or
other persons, in other than a de minimis manner.
Sec. 187.07. At no time shall any public money coming into
the possession of JobsOhio be commingled with other money of the
corporation, and any funds or accounts of the corporation that
hold public money shall be maintained and accounted for separately
and independently from any other funds or accounts of the
corporation.
Sec. 187.08. If an officer or employee of JobsOhio receives
more than one thousand dollars of public money in the person's
capacity as such an officer or employee, the person, on the
business day next following the day of receipt, shall deposit the
money into the fund or account into which the money is required to
be deposited by law or the regulations of the corporation. If the
amount of public money received does not exceed one thousand
dollars, the person shall deposit the money on the business day
next following the day of receipt unless the board of directors of
JobsOhio adopts a policy permitting a different time period, not
to exceed three business days next following the day of receipt,
for making such deposits, and the person is able to safeguard the
moneys until the money is deposited. The policy shall include
provisions and procedures to safeguard public money until it is
deposited.
Any officer or employee of JobsOhio who has custody or
control of public money received or held by the corporation
pursuant to the contract authorized under section 187.04 of the
Revised Code or because of the assumption of powers, functions, or
duties transferred to the corporation pursuant to the
recommendations under section 187.05 of the Revised Code is liable
for the public money to the same extent as a public official is
liable for public money under section 9.39 of the Revised Code.
Sec. 187.09. Any action brought by or on behalf of JobsOhio
against a director or former director in that individual's
capacity as a director shall be brought in the court of common
pleas of Franklin county.
Sec. 187.10. (A) No person, with purpose to corrupt a
director, officer, or employee of JobsOhio, shall promise, offer,
or give any valuable thing or valuable benefit.
(B) Whoever violates this section is guilty of the offense of
bribery, as set forth in section 2921.02 of the Revised Code.
Sec. 187.11. JobsOhio may indemnify, to the fullest extent
permitted by law, its board of directors, board members, and
officers and employees from liability incurred in the performance
of duties or functions of JobsOhio. For purposes of this section,
JobsOhio may procure policies of insurance for civil liability.
Sec. 187.12. (A) JobsOhio shall not make a contribution to
any campaign committee, political party, legislative campaign
fund, political action committee, or political contributing entity
for any purpose whatsoever.
(B) As used in this section, "contribution," "campaign
committee," "political party," "legislative campaign fund,"
"political action committee," and "political contributing entity"
have the same meanings as in section 3517.01 of the Revised Code.
Sec. 2921.01. As used in sections 2921.01 to 2921.45 of the
Revised Code:
(A) "Public official" means any elected or appointed officer,
or employee, or agent of the state or any political subdivision,
whether in a temporary or permanent capacity, and includes, but is
not limited to, legislators, judges, and law enforcement officers.
"Public official" does not include an employee, officer, or
governor-appointed member of the board of directors of the
nonprofit corporation formed under section 187.01 of the Revised
Code.
(B) "Public servant" means any of the following:
(2) Any person performing ad hoc a governmental function,
including, but not limited to, a juror, member of a temporary
commission, master, arbitrator, advisor, or consultant;
(3) A person who is a candidate for public office, whether or
not the person is elected or appointed to the office for which the
person is a candidate. A person is a candidate for purposes of
this division if the person has been nominated according to law
for election or appointment to public office, or if the person has
filed a petition or petitions as required by law to have the
person's name placed on the ballot in a primary, general, or
special election, or if the person campaigns as a write-in
candidate in any primary, general, or special election.
"Public servant" does not include an employee, officer, or
governor-appointed member of the board of directors of the
nonprofit corporation formed under section 187.01 of the Revised
Code.
(C) "Party official" means any person who holds an elective
or appointive post in a political party in the United States or
this state, by virtue of which the person directs, conducts, or
participates in directing or conducting party affairs at any level
of responsibility.
(D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding.
(E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any public or private
facility for custody of persons charged with or convicted of crime
in this state or another state or under the laws of the United
States or alleged or found to be a delinquent child or unruly
child in this state or another state or under the laws of the
United States; hospitalization, institutionalization, or
confinement in any public or private facility that is ordered
pursuant to or under the authority of section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for transportation to or from any
facility of any of those natures; detention for extradition or
deportation; except as provided in this division, supervision by
any employee of any facility of any of those natures that is
incidental to hospitalization, institutionalization, or
confinement in the facility but that occurs outside the facility;
supervision by an employee of the department of rehabilitation and
correction of a person on any type of release from a state
correctional institution; or confinement in any vehicle, airplane,
or place while being returned from outside of this state into this
state by a private person or entity pursuant to a contract entered
into under division (E) of section 311.29 of the Revised Code or
division (B) of section 5149.03 of the Revised Code. For a person
confined in a county jail who participates in a county jail
industry program pursuant to section 5147.30 of the Revised Code,
"detention" includes time spent at an assigned work site and going
to and from the work site.
(F) "Detention facility" means any public or private place
used for the confinement of a person charged with or convicted of
any crime in this state or another state or under the laws of the
United States or alleged or found to be a delinquent child or
unruly child in this state or another state or under the laws of
the United States.
(G) "Valuable thing or valuable benefit" includes, but is not
limited to, a contribution. This inclusion does not indicate or
imply that a contribution was not included in those terms before
September 17, 1986.
(H) "Campaign committee," "contribution," "political action
committee," "legislative campaign fund," "political party," and
"political contributing entity" have the same meanings as in
section 3517.01 of the Revised Code.
(I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division (C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter 3314. of the Revised Code; state institution of
higher learning; public or special district; state agency,
authority, commission, or board; or other branch of public
employment.
"Public employer" does not include the nonprofit
corporation formed under section 187.01 of the Revised Code.
(C) "Public employee" means any person holding a position by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer, except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the Revised Code;
(5) Employees of the state employment relations board,
including those employees of the state employment relations board
utilized by the state personnel board of review in the exercise of
the powers and the performance of the duties and functions of the
state personnel board of review;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to the
attorney general, assistant prosecuting attorneys, and employees
of the clerks of courts who perform a judicial function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(11) Students whose primary purpose is educational training,
including graduate assistants or associates, residents, interns,
or other students working as part-time public employees less than
fifty per cent of the normal year in the employee's bargaining
unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the state
employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Participants in a work activity, developmental activity,
or alternative work activity under sections 5107.40 to 5107.69 of
the Revised Code who perform a service for a public employer that
the public employer needs but is not performed by an employee of
the public employer if the participant is not engaged in paid
employment or subsidized employment pursuant to the activity;
(16) Employees included in the career professional service of
the department of transportation under section 5501.20 of the
Revised Code;
(17) Employees of community-based correctional facilities and
district community-based correctional facilities created under
sections 2301.51 to 2301.58 of the Revised Code who are not
subject to a collective bargaining agreement on June 1, 2005;.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that exists
for the purpose, in whole or in part, of dealing with public
employers concerning grievances, labor disputes, wages, hours,
terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority, in
the interest of the public employer, to hire, transfer, suspend,
lay off, recall, promote, discharge, assign, reward, or discipline
other public employees; to responsibly direct them; to adjust
their grievances; or to effectively recommend such action, if the
exercise of that authority is not of a merely routine or clerical
nature, but requires the use of independent judgment, provided
that:
(1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire department,
no person shall be deemed a supervisor except the chief of the
department or those individuals who, in the absence of the chief,
are authorized to exercise the authority and perform the duties of
the chief of the department. Where prior to June 1, 1982, a public
employer pursuant to a judicial decision, rendered in litigation
to which the public employer was a party, has declined to engage
in collective bargaining with members of a police or fire
department on the basis that those members are supervisors, those
members of a police or fire department do not have the rights
specified in this chapter for the purposes of future collective
bargaining. The state employment relations board shall decide all
disputes concerning the application of division (F)(2) of this
section.
(3) With respect to faculty members of a state institution of
higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the Revised
Code shall be designated as a supervisor or a management level
employee unless the teacher is employed under a contract governed
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a license deemed to be for
administrators under state board rules is required pursuant to
section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and the
representatives of its employees to negotiate in good faith at
reasonable times and places with respect to wages, hours, terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a collective
bargaining agreement, with the intention of reaching an agreement,
or to resolve questions arising under the agreement. "To bargain
collectively" includes executing a written contract incorporating
the terms of any agreement reached. The obligation to bargain
collectively does not mean that either party is compelled to agree
to a proposal nor does it require the making of a concession.
(H) "Strike" means continuous concerted action in failing to
report to duty; willful absence from one's position; or stoppage
of work in whole from the full, faithful, and proper performance
of the duties of employment, for the purpose of inducing,
influencing, or coercing a change in wages, hours, terms, and
other conditions of employment. "Strike" does not include a
stoppage of work by employees in good faith because of dangerous
or unhealthful working conditions at the place of employment that
are abnormal to the place of employment.
(I) "Unauthorized strike" includes, but is not limited to,
concerted action during the term or extended term of a collective
bargaining agreement or during the pendency of the settlement
procedures set forth in section 4117.14 of the Revised Code in
failing to report to duty; willful absence from one's position;
stoppage of work; slowdown, or abstinence in whole or in part from
the full, faithful, and proper performance of the duties of
employment for the purpose of inducing, influencing, or coercing a
change in wages, hours, terms, and other conditions of employment.
"Unauthorized strike" includes any such action, absence, stoppage,
slowdown, or abstinence when done partially or intermittently,
whether during or after the expiration of the term or extended
term of a collective bargaining agreement or during or after the
pendency of the settlement procedures set forth in section 4117.14
of the Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the consistent
exercise of discretion and judgment in its performance and
requiring knowledge of an advanced type in a field of science or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or an
employee who has completed the courses of specialized intellectual
instruction and is performing related work under the supervision
of a professional person to become qualified as a professional
employee.
(K) "Confidential employee" means any employee who works in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is in
the employ of a police department of a municipal corporation as a
full-time regular police officer as the result of an appointment
from a duly established civil service eligibility list or under
section 737.15 or 737.16 of the Revised Code, a full-time deputy
sheriff appointed under section 311.04 of the Revised Code, a
township constable appointed under section 509.01 of the Revised
Code, or a member of a township police district police department
appointed under section 505.49 of the Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil service eligibility list or under section
505.38, 709.012, or 737.22 of the Revised Code.
(Q) "Day" means calendar day.
Section 2. That existing sections 1.60, 102.01, 102.02,
102.022, 117.01, 121.01, 121.22, 121.41, 121.60, 121.67, 122.011,
124.01, 145.012, 149.011, 2921.01, and 4117.01 of the Revised Code
are hereby repealed.
Section 3. The Supreme Court of Ohio shall have exclusive,
original jurisdiction over any claim asserting that any one or
more sections of the Revised Code amended or enacted by this act,
or any portion of one or more of those sections, or any rule
adopted under one or more of those sections, violates any
provision of the Ohio Constitution; and over any claim asserting
that any action taken pursuant to those sections by the Governor
or the nonprofit corporation formed under section 187.01 of the
Revised Code violates any provision of the Ohio Constitution or
any provision of the Revised Code. Any such claim shall be filed
as otherwise required by the Court's rules of practice not later
than the sixtieth day after the effective date of this act. If any
claim over which the Supreme Court is granted exclusive, original
jurisdiction by this section is filed in any lower court, the
claim shall be dismissed by the court on the ground that the court
lacks jurisdiction to review it.
Section 4. Section 145.012 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 79 of the 128th 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 composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
Section 5. The Director of Development, in consultation with
the Director of Budget and Management, shall find within the
Department of Development's total unexpended and unencumbered
fiscal year 2011 General Revenue Fund appropriation an amount not
to exceed $1,000,000 in order to establish and operate the
JobsOhio corporation established in Chapter 187. of the Revised
Code. The Director of Development shall identify appropriation
items within the General Revenue Fund that are to be reduced for
this purpose, and any reduction in appropriations to these items
pursuant to this section shall not collectively exceed $1,000,000.
The amounts identified by the Director are hereby appropriated in
General Revenue Fund appropriation item 195527, JobsOhio, for
transition and start-up costs of the JobsOhio corporation. Nothing
in this section shall be construed as increasing or decreasing the
Department of Development's total fiscal year 2011 General Revenue
Fund appropriation.
The Department of Development shall prepare and, not later
than six months after the effective date of this section, submit
to the Controlling Board a report detailing the use of the funds
appropriated under this section. The Department of Development
shall submit to the Controlling Board a report not later than
every six months thereafter detailing the use of the funds
appropriated under this section, until those funds have all been
used.
Section 6. Sections 1, 2, 3, 4, 5, and 6 of this act are not
subject to the referendum because they are or they relate to an
appropriation for current expenses within the meaning of Ohio
Constitution, Article II, Section 1d, and section 1.471 of the
Revised Code, and therefore those sections take effect immediately
when this act becomes law.
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