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H. C. R. No. 5 As Adopted by the House
As Adopted by the House
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Adams, J., Adams, R., Bacon, Balderson, Bolon, Book, Boyd, Brown, Bubp, Celeste, Chandler, Coley, Combs, Daniels, DeBose, DeGeeter, Derickson, Domenick, Driehaus, Dyer, Evans, Fende, Foley, Gardner, Garland, Garrison, Gerberry, Goodwin, Goyal, Grossman, Hackett, Hagan, Harris, Heard, Hite, Huffman, Koziura, Letson, Luckie, Mallory, Mandel, McClain, Miller, Moran, Morgan, Murray, Patten, Phillips, Pillich, Pryor, Ruhl, Sayre, Sears, Skindell, Slesnick, Snitchler, Stautberg, Stebelton, Stewart, Uecker, Weddington, Williams, B., Williams, S., Winburn, Yates, Yuko
A CONCURRENT RESOLUTION
| To adopt the Legislative Code of Ethics for the
members and employees of both chambers of the
128th General Assembly, employees of any
legislative agency, and candidates for the 129th
General Assembly.
|
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO (THE SENATE CONCURRING):
WHEREAS, The Joint Legislative Ethics Committee, appointed by
the Speaker of the House of Representatives and the President of
the Senate pursuant to section 101.34 of the Revised Code, is
required to recommend a
Code of Ethics that is consistent with the
law to govern all members and
employees of each chamber of the
General Assembly and all candidates for the
office of member of
each chamber; and |
WHEREAS, The Joint Legislative Ethics Committee is the
appropriate ethics
committee for matters relating to members and
employees of the General
Assembly, employees of any legislative
agency, including the Correctional Institution Inspection
Committee, Joint Committee on Agency Rule Review, Legislative
Information Systems, Legislative Inspector General, and
Legislative Service Commission, and candidates for
the office of
member of the General Assembly; now therefore be it |
RESOLVED, That the House of Representatives and the Senate of
the 128th
General Assembly adopt the following Legislative Code of
Ethics: |
LEGISLATIVE CODE OF ETHICS
|
FOR MEMBERS AND EMPLOYEES OF THE
|
127th 128th OHIO GENERAL ASSEMBLY,
|
EMPLOYEES OF ANY LEGISLATIVE AGENCY,
|
AND CANDIDATES FOR THE 128th 129th GENERAL ASSEMBLY
|
All members of the Senate or the House of
Representatives
shall
conduct themselves at all
times so as to reflect credit
upon
the member's respective chamber of the
General Assembly,
shall
obey all rules of the member's
respective chamber of the
General
Assembly, and shall conform
the member's conduct to
this
Code of
Ethics. All employees of the Senate or
House of
Representatives
and all employees of any legislative agency shall conduct
themselves at all times so as to reflect
credit upon the
employee's respective
chamber of the General
Assembly or
institution of
employment, shall obey all rules of the
employee's
respective chamber of the
General Assembly or
institution of
employment, and shall
conform the employee's
conduct to this Code
of Ethics. |
SECTION 2. DISCLOSURE STATEMENT |
(A) The Office of the Legislative Inspector General shall
accept disclosure
statements filed by members and employees of the
General Assembly and
employees of any legislative agency pursuant
to section 102.02 of
the Revised Code and
shall maintain a file of
all disclosure statements that
are filed
pursuant to that section.
Every member of the General
Assembly
and every employee of the
General Assembly and any legislative agency who is required to
file a financial disclosure
statement,
within the period
prescribed by law, shall file with
the Office of the
Legislative
Inspector General, a disclosure
statement as provided for by
section 102.02 of the Revised Code.
Each member and each employee
of the
General Assembly and employee
of any legislative
agency
required to file a financial
disclosure statement, within the
period and in the manner
prescribed by section 102.02 of the
Revised Code, shall receive
from the
Office of the Legislative
Inspector General the form on
which the statement
shall be
prepared. |
(B) Division (A)(2)(c) of section 102.02 of the Revised Code
applies to
members of the General Assembly who are attorneys or
physicians or who
otherwise engage in the practice of a profession
and to the clients, patients,
and other recipients of professional
services of members of the General
Assembly who are attorneys or
physicians or who otherwise engage in
the
practice of a
profession, even if those clients, patients, and other
recipients
of professional services are legislative agents. |
(C) Division (A)(8) of section 102.02 of the Revised
Code
requires a member of the General Assembly
and an employee of the
General Assembly or any
legislative agency required to
file a
disclosure statement under section 102.02 of the Revised
Code to
identify on a
disclosure statement
the source and amount
of any
payment of expenses incurred for travel to
destinations
inside or
outside this state
that the member or employee receives
in the
member's or
employee's own name or that another person
receives
for the member's or employee's use or benefit in
connection
with
the member's or employee'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. |
(D) Division (A)(9) of section 102.02 of the Revised Code
requires a
member of the General Assembly and an
employee of the
General Assembly or any legislative
agency required to
file a
disclosure statement
under section 102.02 of the Revised
Code to
identify on a disclosure statement
the source of payment
of
expenses for meals and other food and beverages that
are
incurred
in connection with the person's official duties and that
exceed
one
hundred dollars aggregated per
calendar year, except
for
expenses for meals and other food and beverages
provided at a
meeting at which the member or employee participated in a panel,
seminar, or speaking engagement or at a meeting or convention of a
national or
state organization to which a 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. |
(E)(1) Except as otherwise provided in division (E)(2)
of
this section, in accordance with section 102.02 of the Revised
Code, every
member of the General Assembly and every employee of
the General Assembly or any legislative agency
required to file an
annual statement under section
102.02 of the
Revised Code shall
disclose the source of a gift
or gifts, where
the value of the
gift or gifts aggregated per calendar year
exceeds seventy-five
dollars, 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, cousins,
brothers-in-law,
sisters-in-law,
sons-in-law, daughters-in-law,
fathers-in-law,
mothers-in-law,
step-relations, or any person to whom the
member
or employee of
the General Assembly or employee of any legislative agency 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. |
(2) In accordance with section 102.02 of the Revised Code,
every member
of the General Assembly and every employee of the
General Assembly or any legislative agency
required to
file an
annual
statement under section 102.02 of the Revised Code
shall
disclose the source
of a gift or
gifts from a legislative
agent,
where
the value of the gift or gifts aggregated per
calendar year
exceeds
twenty-five dollars. |
SECTION 3. LICENSE DISCLOSURE |
Any member of the General Assembly who engages in the conduct
or practice of a
particular business, profession, trade, or
occupation that is subject to
licensing or regulation by any
branch, department, division, institution,
instrumentality, board,
commission, or bureau of the state shall file a
notice that the
member is the holder of a particular license,
or is engaged in
such activity, as part of the financial disclosure statement
required by section 102.02 of the Revised Code. |
SECTION 4. VOTING ABSTENTION |
(A) A member who has reason to believe that
the member has a
substantial personal interest in
legislation may request
permission of the chair to
abstain from voting on the legislation
and may state the
member's reason for the
request. The request
shall be granted by the chair
or the member's respective chamber
of the General Assembly pursuant to the rules
of
that chamber. The
request and
permission to abstain shall be entered in the House or
Senate
Journal, as is appropriate. |
(B) No member of the General Assembly shall vote on any
legislation that
the member knows is then being actively advocated
if
the member is one of the following with respect to a
legislative agent or employer that is then actively advocating on
that legislation: |
(1) An employee, as defined in section 102.031 of the
Revised
Code; |
(2) A business associate, as defined in section 102.031 of
the
Revised Code; |
(3) A person, other than an employee, who is hired under
contract to
perform certain services, and such position involves a
substantial and material
exercise of administrative discretion in
the formulation of public policy. |
(C) The Joint Legislative Ethics Committee may impose a fine
of not more than
one thousand dollars upon a member of the General
Assembly who violates
division (B) of this section. |
(A) Except as provided in division (D) of section 102.04 of
the Revised Code,
no person elected to or employed by the General
Assembly or employed by any legislative agency shall
receive or
agree to receive,
directly or indirectly, compensation
other than
from the house with which
the person serves or from any
legislative agency, if the person is a legislative
agency
employee, for any service rendered
or to be
rendered by the person
personally in any case,
proceeding,
application, or
other matter
that is before the General
Assembly
or any department, division,
institution, instrumentality, board,
commission, or bureau of the
state,
excluding the courts. |
Division (A) of this section shall not
be construed to
prohibit the performance of ministerial functions, including,
but
not limited to, the filing or amendment of tax returns,
applications for
permits and licenses, incorporation papers,
security registrations, and other
documents. |
Except as provided in division (D) of section 102.04 of the
Revised Code, no
person elected to or employed by the General
Assembly or employed by any legislative agency shall sell or agree
to sell, except
through competitive bidding, any goods or services
to the
General
Assembly or any department, division,
institution,
instrumentality, board, commission, or bureau of the state,
excluding the courts. |
(B) No member or employee of the General
Assembly or
employee
of any legislative agency
shall knowingly accept any of the
following from a
legislative agent: |
(1) The payment of any expenses for travel or lodging except
as
otherwise authorized by division (H) of
section 102.03 of the
Revised Code; |
(2) More than seventy-five dollars aggregated per calendar
year as
payment for meals and other food and beverages,
other than
for those meals and other food and beverages provided to the
member
or employee at a meeting at which the member or employee
participates in a
panel, seminar, or speaking engagement, at a
meeting or convention of a
national organization to which either
house of the General
Assembly or 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 at a dinner, party, or
function to
which
all members of the General
Assembly or all
members of either
house of the General
Assembly are invited. |
(C) No member or employee of the General Assembly or
employee
of any legislative agency shall
knowingly accept from a
legislative agent a
gift of any amount in
the form of cash or
the
equivalent of cash, or a gift or gifts of
any other thing of value
where
the value of the gift or gifts
aggregated per calendar year
exceeds
seventy-five dollars. As
used in this division, "gift"
does not include any contribution as
defined in section
3517.01 of
the
Revised Code or
any gifts of
meals and other food and
beverages or the payment of expenses
incurred for travel to
destinations either inside or outside this
state that
is received
by a member of the General Assembly and
that is
incurred in
connection with the member's official duties. |
(D) It is not a violation of division (B)(2) of this section
if,
within sixty
days after receiving notice pursuant to division
(F)(2) of section 101.73 of
the Revised Code from a legislative
agent that the legislative agent has
provided a member of the
General Assembly or an employee of the General
Assembly or any
legislative agency with more than seventy-five dollars
aggregated
in a
calendar year as payment for meals and other food
and
beverages that were
purchased for consumption on the premises
in
which the food and beverages were
sold, the member or employee
of
the General Assembly or employee of any legislative agency returns
to that
legislative agent the amount received
that exceeds
seventy-five dollars. |
SECTION 6. CONFIDENTIAL INFORMATION |
No present or former member or employee
of the General
Assembly or present or former employee of any legislative agency
shall disclose or use for
the member's or employee's
personal
profit, without appropriate
authorization, any
information
acquired
by the member or employee in the course of
the
member's
or employee's official duties that has been clearly
designated
to
the member or employee as confidential when such
confidential
designation is warranted because
of the status of the
proceedings
or the circumstances under which the
information was
received and
preserving its confidentiality is necessary to
the
proper conduct
of government business. No present or former
member
or employee of
the General Assembly or present or former
employee of
any
legislative agency shall disclose or
use,
without appropriate
authorization, any information acquired
by
the member
or employee
in the course of the member's or
employee's official duties that
is confidential because of
statutory
provisions, except as
provided in
section 101.30 of the
Revised Code or Section 12 or 13
of Article II, Ohio
Constitution. |
SECTION 7. IMPROPER INFLUENCE |
(A) No member or employee of the
General Assembly or
employee
of any legislative agency
shall use or
attempt to use
or authorize
the use of the authority or influence
of the
member's or
employee's office or employment
to secure
anything of value or the
promise or offer of anything of value
that
is of such a character
as to manifest a substantial and
improper influence
upon the
member or employee with respect to
the
member's or employee's
duties. |
(B) No member or employee of the General Assembly or
employee
of any legislative agency shall solicit or
accept anything of
value that is of such a character as to
manifest a substantial and
improper
influence upon the member or
employee with respect to
the
member's or employee's duties. |
(C) No member of the General Assembly shall solicit or
receive funds from any
legislative agent who is registered
pursuant to section 101.72 of the Revised
Code, for use other than
by a political party, campaign committee,
legislative campaign
fund, political action committee,
or political contributing
entity, as
defined in section 3517.01 of the Revised Code, except
that a member may
solicit or receive funds from any legislative
agent on behalf of religious and
benevolent organizations
regulated by Chapter 1716. of the Revised Code or
charitable
organizations that have registered with the
Attorney General
pursuant to section 109.26 or 1716.02 of the Revised Code. |
(D) In the absence of bribery or another offense under the
Revised
Code or a purpose to defraud, the receipt of
contributions, as defined
in section 3517.01 of the Revised Code,
made to a campaign committee,
political party, legislative
campaign fund, political action
committee, or political
contributing entity on behalf of a
member of or candidate for the
General Assembly does not violate divisions (A)
and (B) of this
section. |
(E) A member or employee of the General Assembly and an
employee of any legislative agency may accept travel,
meals, and
lodging or expenses or reimbursement of expenses for
travel,
meals, and
lodging in connection with conferences,
seminars, and
similar events related
to the member's or employee's
official
duties if the travel,
meals, lodging, expenses, or
reimbursement
is not of such a character as to manifest a
substantial and
improper influence upon the member or employee
with respect
to
those duties and if, in relation to expenses or
reimbursement for
travel
or lodging provided to a member by a
legislative agent, the
expenses or
reimbursement are not made in
violation of division
(C)(1) of section
102.031 of the Revised
Code. A member or
employee
who acts in compliance with this
division does not
violate division (A), (B),
or (C) of this
section. |
(A) A member of the General Assembly shall utilize General
Assembly employees only
for the official purposes for which they
are employed. |
(B)(1) In accordance with section 3517.092 of the Revised
Code, no member of or candidate for the General Assembly, no
campaign committee of a member of or candidate for the General
Assembly, no legislative caucus campaign committee, and no other
person or entity shall knowingly solicit or accept a contribution
on behalf of that member or candidate, that member's or
candidate's campaign committee, or a legislative caucus campaign
committee from any of the following: |
(a) A state employee whose appointing authority is the member
of the General Assembly; |
(b) A state employee whose appointing authority is authorized
or required by law to be appointed by the member of the General
Assembly; |
(c) A state employee who functions in or is employed by the
Ohio Senate, the Ohio House
of Representatives, or any
legislative agency; |
(d) A state employee at the time of the solicitation, whose
appointing authority will be the candidate for the General
Assembly, if elected; |
(e) A state employee at the time of the solicitation, whose
appointing authority will be appointed by the candidate for the
General Assembly, if elected, as authorized or required by law; |
(f) A state employee at the time of the solicitation, who
will function in or be employed in or by the same public agency,
department, division, or office as the candidate for the General
Assembly, if elected. |
(2) As used in this section, "contribution" does not include
services provided by individuals volunteering a portion of their
time on behalf of a campaign. |
(C) In addition to any complaint brought or penalty that may
be imposed under sections 3517.152 to 3517.157 of the Revised
Code, the Joint Legislative Ethics Committee may receive and
initiate complaints against members and employees of, and
candidates for, the General Assembly and employees of any
legislative agency concerning conduct alleged to be in violation
of this section. Upon a finding of a violation of this section,
the Joint Legislative Ethics Committee may recommend whatever
sanction is appropriate with respect to a particular member,
employee, or candidate as will best maintain in the minds of the
public a good opinion of the conduct and character of members and
employees of the General Assembly. |
SECTION 9. SEPARATION OF FUNDS |
(A) No member of or candidate for the General Assembly shall
convert,
receive, or accept for personal or business use anything
of value from
the member's or candidate's campaign fund, as
defined in
section 3517.01 of the Revised Code, including, without
limitation, payments
to the member or candidate for services
personally performed by the member or
candidate, except as
reimbursement for any of the following: |
(1) Legitimate and verifiable prior campaign expenses
incurred by the
member or candidate; |
(2) Legitimate and verifiable, ordinary, and necessary prior
expenses
incurred by the member or candidate in connection with
duties as the holder of
a public office, including, without
limitation, expenses incurred through
participation in nonpartisan
or bipartisan events where the participation of
the holder of a
public office would normally be expected; |
(3) Legitimate and verifiable, ordinary, and necessary prior
expenses
incurred by a member or candidate while doing any of the
following: |
(a) Engaging in activities in support of or opposition to
another
candidate, political party, or ballot issue; |
(b) Raising funds for a political party, political action
committee, campaign committee, legislative campaign fund,
political
contributing entity, or other candidate; |
(c) Participating in the activities of a political party,
political action committee, legislative campaign fund, political
contributing entity, or campaign committee; |
(d) Attending a political party convention or other
political
meeting. |
(B) For purposes of division (A)
of this section, an expense
is incurred whenever a member or candidate has
either made payment
or is obligated to make payment, as by the use of a credit
card or
other credit procedure, or by the use of goods or services
received on
account. |
(C) No member of or candidate for the General Assembly shall
knowingly
receive or accept reimbursement for an expense under
division (A) of this
section to the extent that the expense
previously was reimbursed or paid from
another source of funds. If
an expense is reimbursed under division (A) of
this section and is
later paid or reimbursed, wholly or in part, from another
source
of funds, a member or candidate shall immediately repay the
reimbursement received under division (A) of this section to the
extent of the
payment made or reimbursement received from the
other source. |
(D) A member of the General Assembly may be reimbursed under
division (A)(1)
or (3) of this section for expenses
incurred for
the member's meals and lodging in Franklin County if the expenses
otherwise meet the requirements for reimbursement under division
(A)(1) or (3) of this section and were not incurred while the
member was in
Franklin County to attend floor sessions of the
General Assembly or meetings
of its committees, except that a
member may be reimbursed under division
(A)(1), (2), or (3) of
this section for expenses incurred for the member's
meals in
Franklin County at any time if the expenses otherwise meet the
requirements for reimbursement under division (A)(1), (2), or (3)
of this
section and were incurred for meals at which the member
hosted other persons. |
(E) No member of or candidate for the General
Assembly shall
accept for personal or business
use anything of value from a
political party, political action committee,
legislative campaign
fund, political contributing entity, or
campaign committee other
than the member's or candidate's own campaign
committee, except
for the following: |
(1) Reimbursement for legitimate and verifiable, ordinary,
and necessary
prior expenses not otherwise prohibited by law
incurred by the member or
candidate while engaged in any
legitimate activity of the political party,
political action
committee, legislative campaign fund, political
contributing
entity, or such campaign committee. Without
limitation,
reimbursable expenses under this division include those incurred
while doing
any of the following: |
(a) Engaging in activities in support of or opposition to
another
candidate, political party, or ballot issue; |
(b) Raising funds for a political party, campaign committee,
legislative
campaign fund, or another candidate; |
(c) Attending a political party convention or other
political
meeting. |
(2) Compensation not otherwise prohibited by law for actual
and valuable
personal services rendered under a written contract
to the political party,
political action committee, legislative
campaign fund, political
contributing entity, or the
member's or
candidate's own campaign
committee for any legitimate activity of
the political party, political action
committee, legislative
campaign fund, political contributing
entity, or such campaign
committee. |
Reimbursable expenses under this division do not include, and
it is a
violation of this division for a member or candidate to
accept from a
political party, political action committee,
legislative campaign
fund, political contributing entity, or
campaign committee other
than the member's or candidate's own
campaign committee, anything of value for
activities primarily
related to the member's or candidate's own campaign for
election,
except for contributions to the member's or candidate's campaign
committee. |
For purposes of this division, an expense is incurred
whenever a member
or candidate has either made payment or is
obligated to make payment, as by
the use of a credit card or other
credit procedure, or by the use of goods or
services received on
account. |
(F)(1) Divisions (A) and (C) of this section do not prohibit
a member's
or candidate's campaign committee from making a direct
advance or post payment
from the member's or candidate's campaign
fund to vendors
for goods and services for which
reimbursement is
permitted under division (A)
of this section, except that no
campaign committee shall pay a member or
candidate for services
personally performed by the member or the candidate. |
(2) When any expense that may be reimbursed under division
(A), (C), or
(E) of this section is part of other expenses
that
may not be paid or reimbursed, the separation of the two types of
expenses for the purpose of allocating for payment or
reimbursement those
expenses that may be paid or reimbursed may be
by any reasonable accounting
method, considering all of the
surrounding circumstances. |
(3) For purposes of divisions (A), (C), and (E)
of this
section, mileage allowance at a rate not greater than that allowed
by
the Internal Revenue Service at the time the travel occurs may
be paid instead
of reimbursement for actual travel expenses
allowable. |
(G) The Joint Legislative
Ethics Committee shall report
violations of this section
to the Elections Commission pursuant to
division (E)(1) of
Section
13 of this
Code of Ethics. |
SECTION 10. HONORARIA AND TESTIMONIALS |
(A) No member of the General Assembly, employee of the
General Assembly who
is required to file a financial disclosure
statement under section 102.02 of
the Revised Code, or employee of
any legislative agency who is
required to file a
financial
disclosure statement under section 102.02 of the
Revised
Code
shall solicit or accept an honorarium. This division and
divisions
(A), (B), and (C) of Section 7 of this Code of Ethics do
not
prohibit a member or employee who is required to file a
financial
disclosure
statement under section 102.02 of the Revised
Code from
accepting the payment
of actual travel expenses,
including any
expenses incurred in connection with
the travel for
lodging, and
meals, food, and beverages provided to the member
or
employee at a
meeting at which the member or employee participates
in a
panel,
seminar, or speaking engagement or provided to the
member or
employee
at a meeting or convention of a national
organization to
which either house of
the General Assembly, or 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. This division and
divisions (A), (B), and (C) of Section 7
of this Code of Ethics do
not prohibit an employee of the General
Assembly or
employee of
any legislative agency who is
not required to file a
financial
disclosure statement under
section 102.02 of the Revised Code from
accepting an honorarium or
the payment of travel, meal, and
lodging
expenses if the
honorarium, expenses, or both were paid in
recognition of
demonstrable business, professional, or esthetic
interests of the
employee
that exist apart from the employee's
public employment,
including, but not limited to, such a
demonstrable interest in
public speaking
and were not paid by any
person or other entity,
or by any representative or
association of
such person
or
entities, that is regulated by, doing business
with, or seeking to
do
business with the General Assembly or any
legislative agency. |
(B) No member of the General Assembly shall conduct
a public
or private fund raising
event that seeks to provide money for the
member's personal
use. |
(C) As used in this section, "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 member
or employee conducting that business was
elected or appointed to
the member's or employee's office or
position of employment. |
SECTION 11. IMPROPER INDUCEMENT |
If any person attempts to induce a member or employee of or
candidate for
the General Assembly or employee of any legislative
agency to
violate any provision of this Code of
Ethics, the
member, employee, or
candidate shall report the matter
to the
Joint Legislative Ethics Committee. |
SECTION 12. ADVISORY BODY |
(A) The Joint Legislative Ethics Committee may recommend
legislation relating
to ethics, conflicts of interest, and
financial disclosure and, upon a vote of
a majority
of its
members, may render advisory opinions
with regard to
questions
concerning these matters for members and employees of
and
candidates
for the General Assembly and for employees of any
legislative agency. |
(B) When the Joint Legislative Ethics Committee renders an
advisory opinion
that has been publicly sought and that relates to
a special set of
circumstances involving ethics,
conflicts of
interest, or financial disclosure
under Chapter 102.
or section
2921.42 or 2921.43 of the Revised Code, the
person to
whom the
opinion was directed or who was similarly situated may
reasonably
rely upon such opinion and shall be immune from
criminal
prosecutions, civil suits, or actions for removal from
the
person's office or position of employment for a violation of
Chapter 102.
or section 2921.42 or 2921.43 of the Revised Code
based on facts and
circumstances covered by the opinion, if
the
opinion states that there is no violation of Chapter 102. or
section
2921.42 or 2921.43 of the Revised Code. The committee
shall include in every
advisory opinion it renders a statement as
to whether the set of circumstances
described in the advisory
opinion constitutes a violation of section 2921.42
or 2921.43 of
the Revised
Code. When the Joint Legislative Ethics Committee
renders an opinion that has
been publicly sought, the advisory
opinion is a public record available under
section 149.43 of the
Revised Code. |
(C) When the Joint Legislative Ethics Committee renders a
written opinion
that has been privately sought and that relates to
a special set of
circumstances involving ethics, conflicts of
interest, or financial disclosure
under Chapter 102. or section
2921.42 or 2921.43 of
the Revised Code, the written opinion does
not have the legal effect of an
advisory opinion issued under
division (B) of this section. When the Joint
Legislative Ethics
Committee renders a written opinion that has been privately
sought, the written opinion is not a public record available under
section
149.43 of the Revised Code. |
The person to whom a written opinion is issued under this
division may
request the committee to issue the written opinion as
an advisory opinion.
The
person may make the request at any time
within thirty days after the written
opinion is issued and prior
to committing any proposed action discussed in the
written
opinion. Upon receiving a timely request and with the approval of
a
majority of the members of the committee, the committee may
issue the written
opinion as an advisory opinion. If the
committee
issues the written opinion as
an advisory opinion, the
advisory
opinion has the same legal effect as an
advisory opinion
issued
under division (B) of
this section and is a public record
available under section 149.43 of the
Revised Code. If the
person
commits any proposed action discussed in the
written
opinion
before the committee issues the written opinion as an
advisory
opinion, the
advisory opinion grants no immunity to the
person
regarding any action that is
discussed in the written
opinion and
that the person commits before the
committee issues
the written
opinion as an advisory opinion. |
(D) The Joint Legislative Ethics Committee shall issue an
advisory opinion
under division (B) of this section or a
written
opinion under division (C) of this
section, whether it is publicly
or privately sought, only at a meeting of the
committee and only
with the approval of a majority of the members of the
committee. |
(E) All requests for an opinion shall be submitted in
writing
by
the member or employee of or candidate for the General
Assembly
or employee of any legislative agency who
desires the opinion and
shall state in
the request whether the
opinion is being publicly
or privately sought. If the
request
fails to state whether the
opinion is being publicly or
privately
sought, the committee shall
consider the opinion to be privately
sought. The committee shall
issue in writing all advisory
opinions that have
been publicly
sought, appropriately number
them, and make them available for
public inspection. The Joint
Legislative Ethics Committee shall
conduct all
of its proceedings
surrounding the rendering of an
opinion so as to protect
the
confidentiality of those named in the
request for the opinion. |
SECTION 13. CONSIDERATION AND HEARING OF COMPLAINTS |
(A)(1) The Joint
Legislative Ethics Committee shall receive,
and may initiate, complaints
concerning breach of privilege and
complaints against members and employees of
and candidates for the
General Assembly and employees of any legislative agency
concerning conduct alleged to be misconduct, a
violation of
Chapter 102. or section 2921.42 or 2921.43 of the
Revised Code,
this Code of
Ethics, or the House or Senate rules.
All complaints
except those by
the committee shall be by affidavit
made on
personal knowledge, subject to the penalties of perjury.
A
complaint by the
committee shall be by affidavit, based upon
facts
that constitute reasonable
cause to believe that a breach of
privilege, misconduct, or a violation of the
House or Senate
rules, this Code of Ethics, or Chapter 102. or section 2921.42
or
2921.43 of the
Revised Code, has occurred. The complaint shall not
contain innuendo, speculative assertions, or conclusory
statements. |
At the first meeting of the committee in each calendar year,
the
chairperson of the committee for that year shall
appoint an
investigation
subcommittee. The subcommittee shall
consist
of the
chairperson of the committee for that year
and a member of the
committee
who is a member of the chamber and
political party of
which the
chairperson is
not a member.
This subcommittee shall
have the authority to issue subpoenas
regarding complaints
referred to it and approve depositions by the
Office of
the
Legislative Inspector General. |
(2) A complaint other than a complaint by the committee
shall
be filed
with the executive director of the Office of the
Legislative Inspector General
of the Joint Legislative Ethics
Committee. Upon receiving the
complaint, the executive director
or
the executive director's designee shall
gather, if necessary,
preliminary facts surrounding the complaint for
presentation to
the
chairperson or committee. Thereafter, the
executive
director
shall seal the complaint
and deliver it to the
chairperson of the
Joint Legislative Ethics Committee.
A
complaint by the committee
shall be drafted by the legal
counsel
of the Office of the
Legislative Inspector General, and, if at
least
eight members of
the
committee
approve the draft complaint,
the draft complaint
shall be a complaint by the
committee and
shall be filed with the
Office of the
Legislative Inspector
General and delivered to
the
chairperson of the
committee. |
Within fourteen days after the filing of a complaint by a
complainant,
the
chairperson shall notify the complainant
that the
complaint has been filed
with the committee, that all
further
proceedings of the committee are
confidential, that the
committee
is required to dismiss the complaint if it is
not
disposed of
within six months after the complaint is filed, and
that, if a
report dealing with the complaint has not been
published in the
House or Senate Journal, as appropriate, within
that time, the
complaint has been dismissed because no violation
was found to
have been
committed by the accused person. Within
fourteen days
after the filing of any
complaint, the
chairperson shall deliver a
copy of the complaint to the accused
person and shall notify the
accused person that the accused
person
may file, within twenty
days after receiving the
copy, a written
response to the complaint
with the
executive director of the
Office of the Legislative
Inspector General
and, if desired, may
file in addition to the
written response a
request to appear
personally before the
committee to answer to the
complaint. The
executive director
immediately shall seal the written response
to
the complaint, the
request, or both and deliver the written
response, the
request, or
both to the
chairperson. |
Within forty-five days after the filing of any complaint
and
at
least twenty days after the
chairperson has delivered a
copy
of
the complaint to the accused
person, the
chairperson
shall convene
a meeting of the committee regarding the
complaint.
If at least
eight members of the committee find that the complaint
before the
committee is not frivolous and that the facts alleged
constitute
on
their face a breach of privilege, misconduct, a
violation of
this Code of
Ethics or the House or Senate Rules,
or
a violation
of Chapter 102. or section 2921.42 or 2921.43 of the
Revised
Code,
the committee shall refer the complaint to the
Office of the
Legislative
Inspector General for further
investigation and may
delegate to the investigation
subcommittee
appointed pursuant to
division
(A)(1) of this section the
authority to issue
subpoenas
regarding a given complaint or other
matter. The
chairperson of
the
committee shall notify
the accused of the referral. Unless
eight members of
the
committee find that the complaint before the
committee alleges
facts that,
on their face, constitute a breach
of privilege,
misconduct, a violation of
this Code of Ethics or
the House or
Senate Rules, or a violation of Chapter
102. or
sections 2921.42
or 2921.43 of the Revised Code, the committee
shall
dismiss the
complaint. |
(B) The Office of the Legislative Inspector General shall
investigate each
complaint referred to it by the committee and
shall investigate any other
matters as
directed by the committee.
The Office of
the Legislative Inspector General may request
further information from the complainant, any person presenting
charges to the
committee, the accused person if the information
sought is directly relevant
to a complaint or charges received by
the committee pursuant to this section,
and any other person it
believes may have information pertaining to the
complaint or other
matter referred for investigation to the
Office of the Legislative
Inspector General. It may request the committee to
issue a
subpoena to obtain any necessary information. Upon the approval
of
the investigation subcommittee
appointed pursuant to division
(A)(1) of this section, the
Office of the Legislative Inspector
General may depose any person. Any person
interviewed or deposed
by the Office of the Legislative Inspector General may
be
represented by an attorney. The substance of any request for
further
information and the information
provided pursuant to any
request are confidential. Except as otherwise
provided in this
section, the person from whom information is requested shall
not
divulge the substance of the committee's request to any person
other than
the person's attorney and shall not divulge the
information
provided in response to the request to any person
other than
the person's attorney and any person necessary to
prepare the information for delivery to the committee. Except as
otherwise
provided in this section, no attorney or person who
prepares information for
delivery to the committee shall divulge
the substance of the committee's
request or the information
provided in response to the request. |
Upon the completion of an investigation based on a
complaint
referred to the Office of the Legislative
Inspector General, the
executive director, or the executive
director's designee, shall
present to the committee
the executive director's or designee's
preliminary findings
with respect to the facts and evidence
gathered regarding the complaint. Upon
receiving the preliminary
findings, the committee, upon a vote of at least eight members of
the
committee, may refer the complaint back to the Office
of the
Legislative Inspector General for further investigation, hold a
hearing pursuant to divisions (D) and (G) of this section,
order
remedial action pursuant to division (D) of this
section, or
dismiss the complaint. |
Upon the completion of an investigation of any other matter
referred to the
Office of the Legislative Inspector
General, the
executive director or the executive director's designee
shall
present to the committee the executive director's or designee's
preliminary findings with respect to the facts and evidence
gathered regarding
the matter referred. Upon receiving the
preliminary findings, the committee,
upon a vote of at least eight
members of the committee, may refer the matter
back to the Office
of the Legislative Inspector
General for further investigation,
request that a complaint be
drafted by the legal counsel of the
Office of the
Legislative Inspector General, terminate the
investigation, or hold a hearing pursuant to division (E) of
this
section. |
Before the fifth day of each month, the executive director of
the
Office of the Legislative Inspector General shall make a
report, in writing,
to the committee regarding the status of any
ongoing investigation that the
committee referred to the Office of
the
Legislative Inspector General. |
(C) Before the committee takes any formal action against a
person
who is the subject of an investigation based upon a
complaint filed with the
committee, the committee shall consider
the complaint. |
(D) The committee may defer action on a complaint against
members and employees of and candidates for the General Assembly
and employees of any legislative agency when the complaint alleges
conduct that at least eight members of the committee find reason
to believe is being reviewed by appropriate law enforcement or
regulatory authorities, or when at least eight members of the
committee determine that it is appropriate for the conduct alleged
in the complaint to be reviewed initially by law enforcement or
regulatory authorities. |
(E)(1) If, in any case in which a complaint is filed with
the
committee, at least eight members of the committee find that
the
complaint is
not frivolous and there is reasonable cause to
believe that the facts alleged
in the complaint constitute a
breach of privilege, misconduct, or a violation
of Chapter 102. or
section 2921.42 or 2921.43 of the Revised Code, this Code
of
Ethics, or the House or Senate Rules, the committee shall hold a
hearing.
At the hearing, the legal counsel of the Office of the
Legislative Inspector
General shall present to the committee the
case against the accused
person, introduce evidence, call
witnesses, and
cross-examine
witnesses. The
chairperson
of the
committee shall make all rulings regarding
procedure and
the
admissibility of evidence. The hearing and all related
proceedings
of the committee are absolutely confidential as
provided under
this Code of Ethics and section 102.06 of the
Revised Code. No
member or
employee of the
committee, person who
staffs or
otherwise serves the committee, witness, or
other person
shall
divulge any information about the hearing or related
proceedings,
except that a witness and the complainant may
consult
with an
attorney before and after the hearing and any related
proceeding,
any witness may be represented by an attorney while
the witness is
being examined or cross-examined, the accused
person may be
represented by an
attorney at all stages of the
proceedings, and
the attorney of the accused
person may attend all
hearings and
related proceedings of the committee. |
(2) If, in any case in which a complaint is filed with the
committee, at least eight members of the committee find that
the
complaint is frivolous or that there is no reasonable cause to
believe
that the charge or complaint constitutes a breach of
privilege, misconduct, or
a violation of Chapter 102. or section
2921.42 or 2921.43 of the Revised Code,
this Code of Ethics, or
the House or Senate Rules, the committee shall
dismiss the
complaint and notify the accused person in writing of the
dismissal
of
the complaint. If the committee so
dismisses the
complaint, the committee shall not issue a report of its
findings
unless the accused person requests a report. If the accused
person
requests a report, the committee shall issue a report in
accordance with
division (F)(2) of this section. |
(3) If, in any case in which a complaint is filed with the
committee, the committee finds by unanimous concurrence of its
membership that
there is reasonable cause to believe that the
charges presented constitute a
breach of privilege, misconduct, or
a violation of this Code of
Ethics or the House or Senate Rules
but do
not constitute a violation of Chapter 102. or section
2921.42 or
2921.43 of the Revised Code and also finds by unanimous
concurrence of its membership that
the
breach of privilege,
misconduct, or violation was in good faith and without
wrongful
intent and the person has taken or will take suitable remedial
action, it may order the person to take any further remedial
action it considers
necessary and, upon satisfaction that any
order it makes is complied with,
terminate the investigation, with
the concurrence of the accused person. If
an
investigation is so
terminated, the committee shall not issue a report of its
findings
unless the accused person requests a report. If the accused
person
requests a report, the committee shall issue a report in
accordance with
division (F)(2) of this section. If the accused
person fails to
comply with an order of the committee, the
committee, upon concurrence of at
least eight of its members,
shall proceed with the original complaint filed
against the
person. |
(F)(1) If, upon the basis of the hearing, at least eight
members
of the committee find, based upon a preponderance of the
evidence, that the
facts alleged in the complaint are true and
constitute a violation of
Chapter 102. or section 2921.42 or
2921.43 of
the Revised Code, the committee, upon concurrence of at
least eight of its
members, shall order the Office of the
Legislative Inspector General to
prepare a report of the
committee's findings to the appropriate prosecuting
authority or
other appropriate body for proceedings in prosecution of the
violations and, in accordance with division
(F)(1) of this
section, issue a report to the General
Assembly recommending
reprimand, censure, expulsion, or other sanction the
committee
considers appropriate. Upon
acceptance by at least eight members
of the committee of the report to the
appropriate prosecuting
authority or other appropriate body, the committee
shall report
its findings to the appropriate prosecuting authority, the
Elections Commission, or other appropriate body. This report is
the
investigative report described in division (E) of section
101.34 of the
Revised Code and shall contain any findings of fact
and conclusions of law made by the committee. This report shall
not contain
any papers, records, affidavits, or documents upon any
complaint, inquiry, or
investigation relating to the proceedings
of the committee. If at least eight
members of the committee
find,
based upon a preponderance of the evidence,
that the facts
alleged
in the complaint are true and constitute a violation of
division
(B) of section 102.031 of the Revised Code,
the committee
may
impose a fine of not more than one thousand dollars upon the
member. |
(2) If, upon the basis of the hearing, at least eight
members
of the committee find, based upon a preponderance of the
evidence,
that a breach of privilege has been committed or
that a
member or
employee of or candidate for the General Assembly or
employee
of
any legislative agency has violated a
provision of this
Code of
Ethics or the House or Senate Rules that
is not a violation of
Chapter 102. or
section 2921.42 or
2921.43
of the Revised Code, or
has committed misconduct, the
committee,
upon concurrence of at
least eight of its members and in
accordance
with division (F)(1)
of this section, may
issue a
report recommending reprimand,
censure, expulsion, or other
sanction
the committee considers
appropriate or, upon a finding by
unanimous
concurrence of its
membership that the breach of
privilege, misconduct, or
violation
was in
good faith and without
wrongful intent and the person has
taken or will take
suitable
remedial action, may order the person
to take any further remedial
action it considers necessary and,
upon satisfaction that any
order it makes
is complied with,
dismiss the complaint without
issuing a report of its
findings,
unless the accused person
requests a report. If the accused person
requests a
report, the
committee shall issue a report in
accordance with division
(F)(2)
of this section. If the person
fails
to comply with an order of
the committee, the committee,
upon concurrence of
eight of its
members, shall recommend some
sanction. |
(3) If, upon the basis of the hearing, at least eight
members
of the committee do not find, based upon a preponderance
of the
evidence, that the facts alleged in a complaint constitute
a
breach of privilege, misconduct, or a violation of
Chapter 102.
or
section 2921.42 or 2921.43 of the Revised Code, this Code of
Ethics, or the House or Senate Rules, the committee shall dismiss
the
complaint. The complaint shall also be dismissed if the
committee has not
conducted a
hearing within ninety days after the
complaint is filed with the committee, or
if the committee has not
finally disposed of the complaint within six months
after the
complaint is filed with the committee. The committee shall
notify
the accused person in writing of the dismissal of the complaint.
The
committee shall not
issue a report of its findings unless the
accused person requests a report.
If the accused person requests
a report, the committee shall issue a report in
accordance with
division (F)(2) of this
section. If the committee issues the
report, all evidence and the record of
the hearing shall remain
confidential unless the accused person also requests
that the
evidence and record be made public. Upon request by the accused
person, the committee shall make the evidence and the record
available for
public inspection. |
(G)(1) Any report of the committee that is issued pursuant
to
division (E)(1) of this section and contains a
finding that the
facts in the complaint are true and constitute a violation of
Chapter 102. or section 2921.42 or 2921.43 of the Revised
Code, or
that is issued pursuant to division
(E)(2) of this section and
contains a finding
that a breach of privilege, misconduct, or
violation of this Code of Ethics
or the House or Senate Rules has
occurred and recommends reprimand, censure,
expulsion, or another
appropriate sanction, shall be entered in the
House Journal and
the Senate Journal. The House of Representatives and the
Senate
shall vote on approval of any report entered in the House or
Senate
Journal in accordance with this division. Concurrence of
two-thirds of the
members of both the House and the Senate shall
be necessary for approval of
the report, and, upon approval, any
recommended sanction shall be imposed
immediately. |
(2) If the investigation of the committee results in a
finding that a
complaint that is filed is frivolous or that no
misconduct, breach of
privilege, or violation of Chapter 102. or
section 2921.42 or 2921.43 of the
Revised Code, this Code of
Ethics, or the
House or Senate Rules has been committed or if the
committee terminates an
investigation or dismisses a complaint
pursuant to division
(E)(2) or (3) of this section, the committee
shall
not issue a report of its findings unless the accused person
requests a
report. If the accused person requests a report, the
committee shall issue a
report and publish it in the House
Journal, if the accused person is a member
or employee of, or
candidate for, the House of Representatives, or the Senate
Journal, if the accused person is a member or employee of, or
candidate for,
the Senate or an employee of any legislative
agency. A report
published in the House or Senate
Journal under
division
(F)(2) of this section does not require a
vote by the
House
or Senate. |
(H) A person against whom a complaint is filed shall be
given
by certified mail, return receipt requested, or by personal
service reasonable notice of the date, time, and
place of the
hearing
and a statement of the charges and the law or
provision
directly involved, and
shall be granted the following
rights: to
be represented by counsel, to have
counsel appointed
for the
person if the person is unable to afford counsel
without
undue
hardship, to examine the evidence against the person, to
have
access to all information relative to the complaint that is
in the
possession
or knowledge of the committee or the Office of
the
Legislative Inspector General, to produce evidence
and to call
and
subpoena witnesses in the person's defense, to confront the
person's accusers, to cross-examine witnesses, to have a
stenographic record
made of the hearing, to have the hearing
follow the rules of evidence
applicable to the courts of this
state, and to have the hearing closed to the
public. A person,
with the approval of the committee, may waive any or all of
such
rights by executing a written waiver and filing it with the
committee. |
(I) The
chairperson of the committee and the
executive
director and chief
legal counsel of the Office of the
Legislative
Inspector General may administer oaths, and the
committee or the
investigation subcommittee appointed pursuant to
division
(A)(1)
of this section may issue subpoenas to
any person
in the state
compelling the attendance of witnesses and the
production of
relevant papers, books, accounts, and records. The
committee or
the investigation subcommittee shall
issue subpoenas
to compel
the
attendance of witnesses and the production of
documents upon the
request
of an accused person. Section 101.42
of the Revised Code
shall govern the issuance of such subpoenas
insofar as applicable.
Upon the
refusal of any person to obey a
subpoena, be sworn, or
answer as a witness,
the committee or the
investigation
subcommittee may apply to the
Court of Common Pleas
of Franklin
County under section 2705.03 of the Revised
Code. The
court shall
hold proceedings in accordance with
Chapter 2705. of
the Revised
Code. The committee, the Office of the
Legislative
Inspector
General, or the accused person may take the
depositions
of
witnesses residing within or without the state in the same
manner
as prescribed by law for the taking of depositions in civil
actions in
the court of common pleas. |
(J)(1) All complaints, papers, records, affidavits, and
documents
upon any complaint, inquiry, or investigation relating
to the proceedings of
the committee shall be sealed and are
private and confidential, except as
otherwise provided in this
section. The substance of any charges received by
the committee
and of any request made by the committee for further
information,
any information received by the committee, all testimony and
other
evidence
presented during a hearing, and all committee discussions
are private and
confidential, except as otherwise provided in this
section. No person serving
on or employed in the service of the
committee, or employee of the Office of
the Legislative Inspector
General who staffs or otherwise assists the
committee or the
Office of the Legislative Inspector General employee who
staffs
the committee shall divulge any of the following: |
(a) Any matter concerning a complaint after it is filed with
the
executive director of the Office of the
Legislative Inspector
General; |
(b) In the case of complaints initiated by the committee,
any
matter concerning a complaint after the matter is under
investigation by the
committee, whether before or after a
complaint is filed; |
(c) Any other information that is made private and
confidential
by this section. |
(2) The requirement of confidentiality set forth in division
(I)(1) of this section includes without limitation divulging any
matter to members or employees of the House or Senate or employees
of any legislative agency who are not members of or
assigned to
the
committee or to any employees of the Office of the
Legislative
Inspector
General who are not assigned to staff the
committee or
do not assist any Office of the
Legislative Inspector
General
employee assigned to staff the committee, but
does not
prevent any
of the following: |
(a) The issuance of a final report by the committee or any
commentary upon the contents of the final report; |
(b) Discussion of any complaint, request for an advisory
opinion,
charges presented to the committee, information related
to a complaint, to an
advisory opinion request, or to charges
presented to the committee,
proceedings
of the committee, or other
papers, records, affidavits, documents, or
proceedings that are
made private and confidential by this section between the
members
of the committee and any of the following: |
(i) Any employees or staff of the committee; |
(ii) Any employees of the General Assembly assigned to serve
the committee, and any employee who serves as legal counsel for a
caucus of the General Assembly; |
(iii) Any employees of the Office of the Legislative
Inspector General
assigned to staff the committee; |
(iv) Any other persons employed by or assigned to serve the
committee. |
(c) The preparation of any documents necessary for the
operation
of the committee by employees of the General Assembly
assigned to the
committee
chairperson, employees of the
General
Assembly assigned to staff the committee, or employees of
the
Office of the
Legislative Inspector General who assist the
Office
of the Legislative
Inspector
General employee assigned to
staff
the
committee, except that any confidentiality requirements
of
this section
applicable to the members of the committee shall
apply to the employees of the
General Assembly, committee, or
Office of the Legislative Inspector General
who prepare those
documents. |
(K) If a complaint filed with the committee alleges a
violation
by a member of the committee, the member against whom
the allegation is made
shall not vote on the matter. The
committee
shall conduct no business
concerning complaints unless a
majority
of its members are present. |
(L) The committee shall deliver all notices and other
documents
by certified mail, return receipt requested, or by
personal service. |
(M) Within fourteen days after the final disposition of a
complaint, either by dismissal or by referral to the appropriate
prosecuting
authority, the committee shall notify the complainant
of the dismissal or
referral by certified mail, return receipt
requested, or by personal service. |
SECTION 14. AMENDMENTS TO THE ETHICS CODE |
The Joint Legislative Ethics Committee may recommend
amendments to this Code
of Ethics at any time by proposing to the
General Assembly a concurrent
resolution containing the desired
amendments. |
SECTION 15. DISTRIBUTION OF ETHICS CODE |
Each member and employee of the General Assembly and each
employee of any legislative agency shall be given a
copy of this
Code of Ethics
within ten days after its adoption. |
SECTION 16. APPLICATION TO 128th129th GENERAL ASSEMBLY |
The Code of Ethics for the 127th128th General Assembly shall
be
effective until the 128th129th General Assembly adopts the
Code of
Ethics for the 128th129th General Assembly. |
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