Bill Text: OH HB76 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-02-20 - To Policy and Legislative Oversight [HB76 Detail]

Download: Ohio-2013-HB76-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 76

Representative Pillich 

Cosponsors: Representatives Antonio, Redfern, Strahorn 

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A BILL

To amend sections 121.41, 121.421, 121.48, and 121.49

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of the Revised Code to change the appointing

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process for the Inspector General, to clarify the

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offices over which the Inspector General has

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authority, and to prohibit partisan political

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activity by the Inspector General and employees in

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the office of the Inspector General.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 121.41, 121.421, 121.48, and 121.49	8
of the Revised Code be amended to read as follows:	9

Sec. 121.41.  As used in sections 121.41 to 121.50 of the	10
Revised Code:	11

(A) "Appropriate ethics commission" has the same meaning as	12
in section 102.01 of the Revised Code.	13

(B) "Appropriate licensing agency" means a public or private	14
entity that is responsible for licensing, certifying, or	15
registering persons who are engaged in a particular vocation.	16

(C) "Person" has the same meaning as in section 1.59 of the	17
Revised Code and also includes any officer or employee of the	18
state or any political subdivision of the state.	19

(D) "State agency" has the same meaning as in section 1.60 of	20
the Revised Code and includes the Ohio casino control commission	21
and JobsOhio, but does not include anyeither of the following:	22

(1) The general assembly;

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(2) Any court;

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(3) The secretary of state, auditor of state, treasurer of	25
state, or attorney general and their respective offices.	26

(E) "State employee" means any person who is an employee of a	27
state agency, or any person who does business with the state	28
including, only for the purposes of sections 121.41 to 121.50 of	29
the Revised Code, the nonprofit corporation formed under section	30
187.01 of the Revised Codeofficers and employees of JobsOhio.	31

(F) "State officer" means any person who is elected or	32
appointed to a public office in a state agency, including a person	33
elected or appointed to the office of attorney general, auditor of	34
state, secretary of state, or treasurer of state.	35

(G) "Wrongful act or omission" means an act or omission,	36
committed in the course of office holding or employment, that is	37
not in accordance with the requirements of law or such standards	38
of proper governmental conduct as are commonly accepted in the	39
community and thereby subverts, or tends to subvert, the process	40
of government.	41

(H) "JobsOhio" has the same meaning as in section 187.01 of	42
the Revised Code.	43

Sec. 121.421.  (A) Notwithstanding division (D)(3) of section	44
121.41 of the Revised Code, inIn order to determine whether	45
wrongful acts or omissions have been committed or are being	46
committed by present or former employees, the inspector general	47
shall investigate employees of the office of the attorney general	48
who are contractually vested with duties to enforce Chapter 3772.	49
of the Revised Code, including any designated bureau of criminal	50
identification and investigation support staff that are necessary	51
to fulfill the investigatory and law enforcement functions of the	52
Ohio casino control commission. The inspector general and any	53
deputy inspector general may administer oaths, examine witnesses	54
under oath, and issue subpoenas and subpoenas duces tecum to	55
employees of the office of the attorney general to compel the	56
attendance of witnesses and the production of all kinds of books,	57
records, papers, and tangible things deemed necessary in the	58
course of any such investigation.	59

(B) The inspector general may enter into any contracts that	60
are necessary to complete an investigation. The contracts may	61
include contracts for the services of persons who are experts in a	62
particular field and whose expertise is necessary for successful	63
completion of the investigation.	64

(C) If the authority of the attorney general terminates or	65
expires, the authority vested in the inspector general by this	66
section terminates upon the conclusion of ongoing investigations	67
or upon issuance of the final report of the investigations.	68

Sec. 121.48.  There is hereby created the office of the	69
inspector general, to be headed by the inspector general.	70

The governorspeaker of the house of representatives, the	71
minority leader of the house of representatives, the president of	72
the senate, and the minority leader of the senate shall appoint,	73
by majority vote, the inspector general, subject to section 121.49	74
of the Revised Code and the advice and consent of the senate. The	75
inspector general shall hold office for a term coinciding with	76
the term of the appointing governorsix years. The governorThose	77
legislative leaders may vote to remove the inspector general from	78
office prior to the expiration of the inspector general's term of	79
office for gross neglect, misconduct, or dereliction of duty only	80
after delivering written notice to the inspector general of the	81
reasons for which the governor intendsthey intend to removevote	82
on the removal of the inspector general from office and providing	83
the inspector general with an opportunity to appear and show cause	84
why the inspector general should not be removed.	85

In addition to the duties imposed by section 121.42 of the	86
Revised Code, the inspector general shall manage the office of the	87
inspector general. The inspector general shall establish and	88
maintain offices in Columbus.	89

The inspector general may employ and fix the compensation of	90
one or more deputy inspectors general. Each deputy inspector	91
general shall serve for a term coinciding with the term of the	92
appointing inspector general, and shall perform the duties,	93
including the performance of investigations, that are assigned by	94
the inspector general. All deputy inspectors general are in the	95
unclassified service and serve at the pleasure of the inspector	96
general.	97

In addition to deputy inspectors general, the inspector	98
general may employ and fix the compensation of professional,	99
technical, and clerical employees that are necessary for the	100
effective and efficient operation of the office of the inspector	101
general. All professional, technical, and clerical employees of	102
the office of the inspector general are in the unclassified	103
service and serve at the pleasure of the appointing inspector	104
general. All employees of the inspector general are prohibited	105
from engaging in partisan political activity, as described in	106
division (B) of section 121.49 of the Revised Code, in the same	107
manner as the inspector general is prohibited from engaging in	108
those activities.	109

The inspector general may enter into any contracts that are	110
necessary to the operation of the office of the inspector general.	111
The contracts may include, but are not limited to, contracts for	112
the services of persons who are experts in a particular field and	113
whose expertise is necessary to the successful completion of an	114
investigation.	115

Not later than the first day of March in each year, the	116
inspector general shall publish an annual report summarizing the	117
activities of the inspector general's office during the previous	118
calendar year. The annual report shall not disclose the results of	119
any investigation insofar as the results are designated as	120
confidential under section 121.44 of the Revised Code.	121

The inspector general shall provide copies of the inspector	122
general's annual report to the governor and the general assembly.	123
The inspector general also shall provide a copy of the annual	124
report to any other person who requests the copy and pays a fee	125
prescribed by the inspector general. The fee shall not exceed the	126
cost of reproducing and delivering the annual report.	127

Sec. 121.49.  (A)(1) Subject to division (B)(A)(2) of this	128
section, only an individual who meets one or more of the following	129
qualifications is eligible to be appointed inspector general:	130

(1)(a) At least five years experience as a law enforcement	131
officer in this or any other state;	132

(2)(b) Admission to the bar of this or any other state;

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(3)(c) Certification as a certified public accountant in this	134
or any other state;	135

(4)(d) At least five years service as the comptroller or	136
similar officer of a public or private entity in this or any other	137
state.	138

(B)(2) No individual who has been convicted, in this or any	139
other state, of a felony or of any crime involving fraud,	140
dishonesty, or moral turpitude shall be appointed inspector	141
general.	142

(B) The inspector general shall not, directly or indirectly,	143
orally or by letter, solicit or receive, or be in any manner	144
concerned in soliciting or receiving, any assessment,	145
subscription, or contribution for any political party or for any	146
candidate for public office; nor shall the inspector general	147
solicit directly or indirectly, orally or by letter, or be in any	148
manner concerned in soliciting, any such assessment, contribution,	149
or payment from any officer or employee in the classified service	150
of the state, the several counties, cities, or city school	151
districts of the state, or the civil service townships of the	152
state; nor shall the inspector general be an officer in any	153
political organization or take part in politics other than to vote	154
as the inspector general pleases and to express freely political	155
opinions.	156

Political activities prohibited under this division include,	157
but are not limited to, all of the following:	158

(1) Candidacy for public office in a partisan election;

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(2) Candidacy for public office in a nonpartisan general	160
election if the nomination to candidacy was obtained in a partisan	161
primary or through the circulation of nominating petitions	162
identified with a political party;	163

(3) Filing of petitions meeting statutory requirements for	164
partisan candidacy to elective office;	165

(4) Circulation of official nominating petitions for any	166
candidate participating in a partisan election;	167

(5) Service in an elected or appointed office in any partisan	168
political organization;	169

(6) Acceptance of a party-sponsored appointment to any office	170
normally filled by partisan election;	171

(7) Campaigning by writing for publications, by distributing	172
political material, or by writing or making speeches on behalf of	173
a candidate for partisan elective office, when such activities are	174
directed toward party success;	175

(8) Solicitation, either directly or indirectly, of any	176
assessment, contribution, or subscription, either monetary or	177
in-kind, for any political party or political candidate;	178

(9) Solicitation of the sale, or actual sale, of political	179
party tickets;	180

(10) Partisan activities at the election polls, such as	181
solicitation of votes for other than nonpartisan candidates and	182
nonpartisan issues;	183

(11) Service as an election observer for any party or	184
partisan committee;	185

(12) Participation in political caucuses of a partisan	186
nature;	187

(13) Participation in a political action committee that	188
supports partisan activity;	189

(14) Attending any partisan fundraising event;

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(15) Participating in any campaign activity, such as	191
preparing mailings; and	192

(16) Making contributions to a partisan candidate.

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Section 2. That existing sections 121.41, 121.421, 121.48,	194
and 121.49 of the Revised Code are hereby repealed.	195