Bill Text: OH HB628 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-09-30 - To Policy and Legislative Oversight [HB628 Detail]
Download: Ohio-2013-HB628-Introduced.html
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Representatives Celebrezze, Antonio
Cosponsors:
Representatives Foley, Barborak, Hagan, R.
To authorize the Inspector General to investigate the | 1 |
Office of the Attorney General to determine | 2 |
whether wrongful acts or omissions have been or | 3 |
are being committed and to declare an emergency. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section, "wrongful act or | 5 |
omission" has the same meaning as in section 121.41 of the Revised | 6 |
Code. | 7 |
(B) Notwithstanding division (D)(3) of section 121.41 of the | 8 |
Revised Code, the Inspector General shall investigate the | 9 |
management and operation of the Office of the Attorney General to | 10 |
determine whether misconduct or wrongful acts or omissions have | 11 |
been committed or are being committed by the Attorney General or | 12 |
by present or former employees of or contractors with the Office | 13 |
of the Attorney General. In conducting the investigation: | 14 |
(1) The Inspector General and each deputy inspector general | 15 |
may administer oaths, examine witnesses under oath, and issue | 16 |
subpoenas and subpoenas duces tecum to compel the attendance of | 17 |
witnesses and the production of all kinds of books, records, | 18 |
papers, and tangible things. Upon the refusal of a witness to be | 19 |
sworn or to answer any question put to the witness, or if a person | 20 |
disobeys a subpoena, the Inspector General shall apply to the | 21 |
court of common pleas for a contempt order, as in the case of | 22 |
disobedience to the requirements of a subpoena issued from the | 23 |
court of common pleas, or a refusal to testify in the court. | 24 |
(2) The Inspector General shall identify other state officers | 25 |
and agencies that also are conducting contemporaneous | 26 |
investigations, audits, reviews, or evaluations of the Office of | 27 |
the Attorney General. The Inspector General is entitled to | 28 |
coordinate and manage these investigations, audits, reviews, and | 29 |
evaluations. A state officer or agency that is conducting such an | 30 |
investigation, audit, review, or evaluation shall cooperate with | 31 |
the Inspector General in this regard. The Inspector General and | 32 |
each state officer or agency that is conducting such an | 33 |
investigation, audit, review, or evaluation shall share | 34 |
information and avoid duplication of effort. | 35 |
(C) At the conclusion of the investigation, the Inspector | 36 |
General shall prepare a detailed final report of the results of | 37 |
the investigation. The Inspector General shall submit the final | 38 |
report to the Governor, to the Speaker of the House of | 39 |
Representatives, and to the President of the Senate. The authority | 40 |
vested in the Inspector General by this section terminates when | 41 |
the final report has been submitted. | 42 |
(D) The Inspector General may enter into any contracts that | 43 |
are necessary to complete the investigation. The contracts may | 44 |
include contracts for the services of persons who are experts in a | 45 |
particular field and whose expertise is necessary to successful | 46 |
completion of the investigation. | 47 |
Section 2. This act is hereby declared to be an emergency | 48 |
measure necessary for the immediate preservation of the public | 49 |
peace, health, and safety. The reason for such necessity lies in | 50 |
the fact that it is essential that an investigation, conducted and | 51 |
coordinated by the Inspector General, commence as soon as possible | 52 |
to investigate alleged misconduct and wrongful acts and omissions | 53 |
in the Office of the Attorney General. Therefore, this act shall | 54 |
go into immediate effect. | 55 |