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H. B. No. 451 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Sykes, Antonio, Ashford, Barnes, Boyd, Budish, Carney, Celebrezze, Celeste, Cera, Clyde, Driehaus, Fedor, Foley, Garland, Gerberry, Goyal, Hagan, R., Heard, Letson, Luckie, Lundy, Mallory, Murray, O'Brien, Okey, Patmon, Phillips, Ramos, Reece, Slesnick, Stinziano, Szollosi, Weddington, Williams, Winburn, Yuko
A BILL
To amend sections 121.41, 121.48, and 121.49 of the
Revised Code to change the appointing process for
the Inspector General, to clarify the offices over
which the Inspector General has authority, and to
prohibit partisan political activity by the
Inspector General and employees in the office of
the Inspector General.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.41, 121.48, and 121.49 of the
Revised Code be amended to read as follows:
Sec. 121.41. As used in sections 121.41 to 121.50 of the
Revised Code:
(A) "Appropriate ethics commission" has the same meaning as
in section 102.01 of the Revised Code.
(B) "Appropriate licensing agency" means a public or private
entity that is responsible for licensing, certifying, or
registering persons who are engaged in a particular vocation.
(C) "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
and JobsOhio, but does not include any either 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 officers and employees of JobsOhio.
(F) "State officer" means any person who is elected or
appointed to a public office in a state agency, including a person
elected or appointed to the office of attorney general, auditor of
state, secretary of state, or treasurer of state.
(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.
(H) "JobsOhio" has the same meaning as in section 187.01 of
the Revised Code.
Sec. 121.48. There is hereby created the office of the
inspector general, to be headed by the inspector general.
The governor speaker of the house of representatives, the
minority leader of the house of representatives, the president of
the senate, and the minority leader of the senate shall appoint,
by majority vote, the inspector general, subject to section 121.49
of the Revised Code and the advice and consent of the senate. The
inspector general shall hold office for a term
coinciding with
the term of the appointing governor six years. The governor Those
legislative leaders may vote to remove the inspector general from
office prior to the expiration of the inspector general's term of
office for gross neglect, misconduct, or dereliction of duty only
after delivering written notice to the inspector general of the
reasons for which
the governor intends they intend to remove vote
on the removal of the inspector general from office and providing
the inspector general with an opportunity to appear and show cause
why the inspector general should not be removed.
In addition to the duties imposed by section 121.42 of the
Revised Code, the inspector general shall manage the office of the
inspector general. The inspector general shall establish and
maintain offices in Columbus.
The inspector general may employ and fix the compensation of
one or more deputy inspectors general. Each deputy inspector
general shall serve for a term coinciding with the term of the
appointing inspector general, and shall perform the duties,
including the performance of investigations, that are assigned by
the inspector general. All deputy inspectors general are in the
unclassified service and serve at the pleasure of the inspector
general.
In addition to deputy inspectors general, the inspector
general may employ and fix the compensation of professional,
technical, and clerical employees that are necessary for the
effective and efficient operation of the office of the inspector
general. All professional, technical, and clerical employees of
the office of the inspector general are in the unclassified
service and serve at the pleasure of the appointing inspector
general. All employees of the inspector general are prohibited
from engaging in partisan political activity, as described in
division (B) of section 121.49 of the Revised Code, in the same
manner as the inspector general is prohibited from engaging in
those activities.
The inspector general may enter into any contracts that are
necessary to the operation of the office of the inspector general.
The contracts may include, but are not limited to, contracts for
the services of persons who are experts in a particular field and
whose expertise is necessary to the successful completion of an
investigation.
Not later than the first day of March in each year, the
inspector general shall publish an annual report summarizing the
activities of the inspector general's office during the previous
calendar year. The annual report shall not disclose the results of
any investigation insofar as the results are designated as
confidential under section 121.44 of the Revised Code.
The inspector general shall provide copies of the inspector
general's annual report to the governor and the general assembly.
The inspector general also shall provide a copy of the annual
report to any other person who requests the copy and pays a fee
prescribed by the inspector general. The fee shall not exceed the
cost of reproducing and delivering the annual report.
Sec. 121.49. (A)(1) Subject to division (B)(A)(2) of this
section, only an individual who meets one or more of the following
qualifications is eligible to be appointed inspector general:
(1)(a) At least five years experience as a law enforcement
officer in this or any other state;
(2)(b) Admission to the bar of this or any other state;
(3)(c) Certification as a certified public accountant in this
or any other state;
(4)(d) At least five years service as the comptroller or
similar officer of a public or private entity in this or any other
state.
(B)(2) No individual who has been convicted, in this or any
other state, of a felony or of any crime involving fraud,
dishonesty, or moral turpitude shall be appointed inspector
general.
(B) The inspector general shall not, directly or indirectly,
orally or by letter, solicit or receive, or be in any manner
concerned in soliciting or receiving, any assessment,
subscription, or contribution for any political party or for any
candidate for public office; nor shall the inspector general
solicit directly or indirectly, orally or by letter, or be in any
manner concerned in soliciting, any such assessment, contribution,
or payment from any officer or employee in the classified service
of the state, the several counties, cities, or city school
districts of the state, or the civil service townships of the
state; nor shall the inspector general be an officer in any
political organization or take part in politics other than to vote
as the inspector general pleases and to express freely political
opinions.
Political activities prohibited under this division include,
but are not limited to, all of the following:
(1) Candidacy for public office in a partisan election;
(2) Candidacy for public office in a nonpartisan general
election if the nomination to candidacy was obtained in a partisan
primary or through the circulation of nominating petitions
identified with a political party;
(3) Filing of petitions meeting statutory requirements for
partisan candidacy to elective office;
(4) Circulation of official nominating petitions for any
candidate participating in a partisan election;
(5) Service in an elected or appointed office in any partisan
political organization;
(6) Acceptance of a party-sponsored appointment to any office
normally filled by partisan election;
(7) Campaigning by writing for publications, by distributing
political material, or by writing or making speeches on behalf of
a candidate for partisan elective office, when such activities are
directed toward party success;
(8) Solicitation, either directly or indirectly, of any
assessment, contribution, or subscription, either monetary or
in-kind, for any political party or political candidate;
(9) Solicitation of the sale, or actual sale, of political
party tickets;
(10) Partisan activities at the election polls, such as
solicitation of votes for other than nonpartisan candidates and
nonpartisan issues;
(11) Service as an election observer for any party or
partisan committee;
(12) Participation in political caucuses of a partisan
nature;
(13) Participation in a political action committee that
supports partisan activity;
(14) Attending any partisan fundraising event;
(15) Participating in any campaign activity, such as
preparing mailings; and
(16) Making contributions to a partisan candidate.
Section 2. That existing sections 121.41, 121.48, and 121.49
of the Revised Code are hereby repealed.
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