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H. B. No. 628 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Celebrezze, Antonio
Cosponsors:
Representatives Foley, Barborak, Hagan, R.
A BILL
To authorize the Inspector General to investigate the
Office of the Attorney General to determine
whether wrongful acts or omissions have been or
are being committed and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section, "wrongful act or
omission" has the same meaning as in section 121.41 of the Revised
Code.
(B) Notwithstanding division (D)(3) of section 121.41 of the
Revised Code, the Inspector General shall investigate the
management and operation of the Office of the Attorney General to
determine whether misconduct or wrongful acts or omissions have
been committed or are being committed by the Attorney General or
by present or former employees of or contractors with the Office
of the Attorney General. In conducting the investigation:
(1) The Inspector General and each deputy inspector general
may administer oaths, examine witnesses under oath, and issue
subpoenas and subpoenas duces tecum to compel the attendance of
witnesses and the production of all kinds of books, records,
papers, and tangible things. Upon the refusal of a witness to be
sworn or to answer any question put to the witness, or if a person
disobeys a subpoena, the Inspector General shall apply to the
court of common pleas for a contempt order, as in the case of
disobedience to the requirements of a subpoena issued from the
court of common pleas, or a refusal to testify in the court.
(2) The Inspector General shall identify other state officers
and agencies that also are conducting contemporaneous
investigations, audits, reviews, or evaluations of the Office of
the Attorney General. The Inspector General is entitled to
coordinate and manage these investigations, audits, reviews, and
evaluations. A state officer or agency that is conducting such an
investigation, audit, review, or evaluation shall cooperate with
the Inspector General in this regard. The Inspector General and
each state officer or agency that is conducting such an
investigation, audit, review, or evaluation shall share
information and avoid duplication of effort.
(C) At the conclusion of the investigation, the Inspector
General shall prepare a detailed final report of the results of
the investigation. The Inspector General shall submit the final
report to the Governor, to the Speaker of the House of
Representatives, and to the President of the Senate. The authority
vested in the Inspector General by this section terminates when
the final report has been submitted.
(D) The Inspector General may enter into any contracts that
are necessary to complete the investigation. The contracts may
include contracts for the services of persons who are experts in a
particular field and whose expertise is necessary to successful
completion of the investigation.
Section 2. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity lies in
the fact that it is essential that an investigation, conducted and
coordinated by the Inspector General, commence as soon as possible
to investigate alleged misconduct and wrongful acts and omissions
in the Office of the Attorney General. Therefore, this act shall
go into immediate effect.
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