The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 439 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
Representatives Dovilla, Hayes
Cosponsors:
Representatives Blessing, Fedor, Derickson, Smith, Stebelton, Becker, Wachtmann
A BILL
To amend section 124.341 of the Revised Code to
prohibit an appointing authority from taking
disciplinary action against certain public
employees who report a noncriminal law violation
or misuse of public resources to the Inspector
General.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 124.341 of the Revised Code be
amended to read as follows:
Sec. 124.341. (A)(1) If an employee in the classified or
unclassified civil service becomes aware in the course of
employment of a violation of state or federal statutes, rules, or
regulations or the misuse of public resources, and the employee's
supervisor or appointing authority has authority to correct the
violation or misuse, the employee may file do any of the
following:
(a) File a written report identifying the violation or misuse
with the supervisor or appointing authority. In addition to or
instead of filing a written report with the supervisor or
appointing authority, the employee may file;
(b) File a written report with the office of internal audit
created under section 126.45 of the Revised Code or file;
(c) File a complaint with the auditor of state's
fraud-reporting system under section 117.103 of the Revised Code;
(d) If the violation or misuse of public resources is within
the jurisdiction of the inspector general, file a complaint with
the inspector general in accordance with section 121.46 of the
Revised Code.
(2) If the employee reasonably believes that a violation or
misuse of public resources is a criminal offense, the employee, in
addition to or instead of filing a written report or complaint
with the supervisor, appointing authority, the office of internal
audit, or the auditor of state's fraud-reporting system, or the
inspector general, may report it to a prosecuting attorney,
director of law, village solicitor, or similar chief legal officer
of a municipal corporation, or to a peace officer, as defined in
section 2935.01 of the Revised Code, or, if the violation or
misuse of public resources is within the jurisdiction of the
inspector general, to the inspector general in accordance with
section 121.46 of the Revised Code. In addition to that report, if
the employee reasonably believes the violation or misuse is also a
violation of Chapter 102., section 2921.42, or section 2921.43 of
the Revised Code, the employee may report it to the appropriate
ethics commission.
(B) Except as otherwise provided in division (C) of this
section, no officer or employee in the classified or unclassified
civil service shall take any disciplinary action against an
employee in the classified or unclassified civil service for
making any report or filing a complaint as authorized by division
(A) of this section, including, without limitation, doing any of
the following:
(1) Removing or suspending the employee from employment;
(2) Withholding from the employee salary increases or
employee benefits to which the employee is otherwise entitled;
(3) Transferring or reassigning the employee;
(4) Denying the employee promotion that otherwise would have
been received;
(5) Reducing the employee in pay or position.
(C) An employee in the classified or unclassified civil
service shall make a reasonable effort to determine the accuracy
of any information reported under division (A) of this section.
The employee is subject to disciplinary action, including
suspension or removal, as determined by the employee's appointing
authority, for purposely, knowingly, or recklessly reporting false
information under division (A) of this section.
(D) If an appointing authority takes any disciplinary or
retaliatory action against a classified or unclassified employee
as a result of the employee's having filed a report or complaint
under division (A) of this section, the employee's sole and
exclusive remedy, notwithstanding any other provision of law, is
to file an appeal with the state personnel board of review within
thirty days after receiving actual notice of the appointing
authority's action. If the employee files such an appeal, the
board shall immediately notify the employee's appointing authority
and shall hear the appeal. The board may affirm or disaffirm the
action of the appointing authority or may issue any other order as
is appropriate. The order of the board is appealable in accordance
with Chapter 119. of the Revised Code.
(E) As used in this section:
(1) "Purposely," "knowingly," and "recklessly" have the same
meanings as in section 2901.22 of the Revised Code.
(2) "Appropriate ethics commission" has the same meaning as
in section 102.01 of the Revised Code.
(3) "Inspector general" means the inspector general appointed
under section 121.48 of the Revised Code.
Section 2. That existing section 124.341 of the Revised Code
is hereby repealed.
|
|