Bill Text: OH HCR14 | 2011-2012 | 129th General Assembly | Enrolled

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Bill Title: To adopt the Legislative Code of Ethics for the

Spectrum: Slight Partisan Bill (Republican 78-44)

Status: (Engrossed - Dead) 2011-05-17 - Concurrence [HCR14 Detail]

Download: Ohio-2011-HCR14-Enrolled.html

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As Adopted by the Senate

129th General Assembly Regular Session 2011-2012

H. C. R. No. 14

Representative Blessing 

Cosponsors: Representatives Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Balderson, Barnes, Beck, Blair, Boose, Brenner, Bubp, Buchy, Budish, Burke, Butler, Carey, Carney, Celeste, Clyde, Coley, Combs, Damschroder, DeGeeter, Derickson, Dovilla, Driehaus, Duffey, Fedor, Fende, Foley, Gardner, Garland, Gentile, Gerberry, Gonzales, Goodwin, Goyal, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Heard, Henne, Hollington, Hottinger, Huffman, Johnson, Kozlowski, Landis, Letson, Luckie, Lundy, Maag, Martin, McClain, McGregor, McKenney, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Okey, Patmon, Phillips, Pillich, Ramos, Reece, Roegner, Rosenberger, Ruhl, Schuring, Sears, Slaby, Sprague, Stautberg, Stebelton, Stinziano, Sykes, Szollosi, Thompson, Uecker, Wachtmann, Weddington, Winburn, Yuko Speaker Batchelder 

Senators Bacon, Beagle, Brown, Cafaro, Cates, Daniels, Faber, Gillmor, Grendell, Hite, Hughes, Jones, Jordan, Kearney, Lehner, Manning, Niehaus, Obhof, Oelslager, Patton, Sawyer, Schaffer, Schiavoni, Seitz, Smith, Stewart, Tavares, Wagoner, Widener, Wilson 

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A CONCURRENT RESOLUTION

To adopt the Legislative Code of Ethics for the

1

members and employees of both chambers of the

2

129th General Assembly, employees of any

3

legislative agency, and candidates for the 130th

4

General Assembly.

5

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF OHIO
(THE SENATE CONCURRING):

WHEREAS, The Joint Legislative Ethics Committee, appointed by	6
the Speaker of the House of Representatives and the President of	7
the Senate pursuant to section 101.34 of the Revised Code, is	8
required to recommend a Code of Ethics that is consistent with the	9
law to govern all members and employees of each chamber of the	10
General Assembly and all candidates for the office of member of	11
each chamber; and	12

WHEREAS, The Joint Legislative Ethics Committee is the	13
appropriate ethics committee for matters relating to members and	14
employees of the General Assembly, employees of any legislative	15
agency, including the Correctional Institution Inspection	16
Committee, Joint Committee on Agency Rule Review, Legislative	17
Information Systems, Legislative Inspector General, and	18
Legislative Service Commission, and candidates for the office of	19
member of the General Assembly; now therefore be it	20

RESOLVED, That the House of Representatives and the Senate of	21
the 129th General Assembly adopt the following Legislative Code of	22
Ethics:	23

LEGISLATIVE CODE OF ETHICS	24

FOR MEMBERS AND EMPLOYEES OF THE	25

129th OHIO GENERAL ASSEMBLY,	26

EMPLOYEES OF ANY LEGISLATIVE AGENCY,	27

AND CANDIDATES FOR THE 130th GENERAL ASSEMBLY	28

SECTION 1. CONDUCT

29

All members of the Senate or the House of Representatives	30
shall conduct themselves at all times so as to reflect credit upon	31
the member's respective chamber of the General Assembly, shall	32
obey all rules of the member's respective chamber of the General	33
Assembly, and shall conform the member's conduct to this Code of	34
Ethics. All employees of the Senate or House of Representatives	35
and all employees of any legislative agency shall conduct	36
themselves at all times so as to reflect credit upon the	37
employee's respective chamber of the General Assembly or	38
institution of employment, shall obey all rules of the employee's	39
respective chamber of the General Assembly or institution of	40
employment, and shall conform the employee's conduct to this Code	41
of Ethics.	42

SECTION 2. DISCLOSURE STATEMENT

43

(A) The Office of the Legislative Inspector General shall	44
accept disclosure statements filed by members and employees of the	45
General Assembly and employees of any legislative agency pursuant	46
to section 102.02 of the Revised Code and shall maintain a file of	47
all disclosure statements that are filed pursuant to that section.	48
Every member of the General Assembly and every employee of the	49
General Assembly and any legislative agency who is required to	50
file a financial disclosure statement, within the period	51
prescribed by law, shall file with the Office of the Legislative	52
Inspector General, a disclosure statement as provided for by	53
section 102.02 of the Revised Code. Each member and each employee	54
of the General Assembly and employee of any legislative agency	55
required to file a financial disclosure statement, within the	56
period and in the manner prescribed by section 102.02 of the	57
Revised Code, shall receive from the Office of the Legislative	58
Inspector General the form on which the statement shall be	59
prepared.	60

(B) Division (A)(2)(c) of section 102.02 of the Revised Code	61
applies to members of the General Assembly who are attorneys or	62
physicians or who otherwise engage in the practice of a profession	63
and to the clients, patients, and other recipients of professional	64
services of members of the General Assembly who are attorneys or	65
physicians or who otherwise engage in the practice of a	66
profession, even if those clients, patients, and other recipients	67
of professional services are legislative agents.	68

(C) Division (A)(8) of section 102.02 of the Revised Code	69
requires a member of the General Assembly and an employee of the	70
General Assembly or any legislative agency required to file a	71
disclosure statement under section 102.02 of the Revised Code to	72
identify on a disclosure statement the source and amount of any	73
payment of expenses incurred for travel to destinations inside or	74
outside this state that the member or employee receives in the	75
member's or employee's own name or that another person receives	76
for the member's or employee's use or benefit in connection with	77
the member's or employee's official duties, except for expenses	78
for travel to meetings or conventions of a national or state	79
organization to which any state agency, including, but not limited	80
to, any legislative agency or state institution of higher	81
education as defined in section 3345.011 of the Revised Code, pays	82
membership dues, or any political subdivision or any office or	83
agency of a political subdivision pays membership dues.	84

(D) Division (A)(9) of section 102.02 of the Revised Code	85
requires a member of the General Assembly and an employee of the	86
General Assembly or any legislative agency required to file a	87
disclosure statement under section 102.02 of the Revised Code to	88
identify on a disclosure statement the source of payment of	89
expenses for meals and other food and beverages that are incurred	90
in connection with the person's official duties and that exceed	91
one hundred dollars aggregated per calendar year, except for	92
expenses for meals and other food and beverages provided at a	93
meeting at which the member or employee participated in a panel,	94
seminar, or speaking engagement or at a meeting or convention of a	95
national or state organization to which a state agency, including,	96
but not limited to, any legislative agency or state institution of	97
higher education as defined in section 3345.011 of the Revised	98
Code, pays membership dues, or any political subdivision or any	99
office or agency of a political subdivision pays membership dues.	100

(E)(1) Except as otherwise provided in division (E)(2) of	101
this section, in accordance with section 102.02 of the Revised	102
Code, every member of the General Assembly and every employee of	103
the General Assembly or any legislative agency required to file an	104
annual statement under section 102.02 of the Revised Code shall	105
disclose the source of a gift or gifts, where the value of the	106
gift or gifts aggregated per calendar year exceeds seventy-five	107
dollars, except gifts received by will or by virtue of section	108
2105.06 of the Revised Code, or received from spouses, parents,	109
grandparents, children, grandchildren, siblings, nephews, nieces,	110
uncles, aunts, cousins, brothers-in-law, sisters-in-law,	111
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law,	112
step-relations, or any person to whom the member or employee of	113
the General Assembly or employee of any legislative agency stands	114
in loco parentis, or received by way of distribution from any	115
inter vivos or testamentary trust established by a spouse or by an	116
ancestor.	117

(2) In accordance with section 102.02 of the Revised Code,	118
every member of the General Assembly and every employee of the	119
General Assembly or any legislative agency required to file an	120
annual statement under section 102.02 of the Revised Code shall	121
disclose the source of a gift or gifts from a legislative agent,	122
where the value of the gift or gifts aggregated per calendar year	123
exceeds twenty-five dollars.	124

SECTION 3. LICENSE DISCLOSURE

125

Any member of the General Assembly who engages in the conduct	126
or practice of a particular business, profession, trade, or	127
occupation that is subject to licensing or regulation by any	128
branch, department, division, institution, instrumentality, board,	129
commission, or bureau of the state shall file a notice that the	130
member is the holder of a particular license, or is engaged in	131
such activity, as part of the financial disclosure statement	132
required by section 102.02 of the Revised Code.	133

SECTION 4. VOTING ABSTENTION

134

(A) A member who has reason to believe that the member has a	135
substantial personal interest in legislation may request	136
permission of the chair to abstain from voting on the legislation	137
and may state the member's reason for the request. The request	138
shall be granted by the chair or the member's respective chamber	139
of the General Assembly pursuant to the rules of that chamber. The	140
request and permission to abstain shall be entered in the House or	141
Senate Journal, as is appropriate.	142

(B) No member of the General Assembly shall vote on any	143
legislation that the member knows is then being actively advocated	144
if the member is one of the following with respect to a	145
legislative agent or employer that is then actively advocating on	146
that legislation:	147

(1) An employee, as defined in section 102.031 of the Revised	148
Code;	149

(2) A business associate, as defined in section 102.031 of	150
the Revised Code;	151

(3) A person, other than an employee, who is hired under	152
contract to perform certain services, and such position involves a	153
substantial and material exercise of administrative discretion in	154
the formulation of public policy.	155

(C) The Joint Legislative Ethics Committee may impose a fine	156
of not more than one thousand dollars upon a member of the General	157
Assembly who violates division (B) of this section.	158

SECTION 5. COMPENSATION

159

(A) Except as provided in division (D) of section 102.04 of	160
the Revised Code, no person elected to or employed by the General	161
Assembly or employed by any legislative agency shall receive or	162
agree to receive, directly or indirectly, compensation other than	163
from the house with which the person serves or from any	164
legislative agency, if the person is a legislative agency	165
employee, for any service rendered or to be rendered by the person	166
personally in any case, proceeding, application, or other matter	167
that is before the General Assembly or any department, division,	168
institution, instrumentality, board, commission, or bureau of the	169
state, excluding the courts.	170

Division (A) of this section shall not be construed to	171
prohibit the performance of ministerial functions, including, but	172
not limited to, the filing or amendment of tax returns,	173
applications for permits and licenses, incorporation papers,	174
security registrations, and other documents.	175

Except as provided in division (D) of section 102.04 of the	176
Revised Code, no person elected to or employed by the General	177
Assembly or employed by any legislative agency shall sell or agree	178
to sell, except through competitive bidding, any goods or services	179
to the General Assembly or any department, division, institution,	180
instrumentality, board, commission, or bureau of the state,	181
excluding the courts.	182

(B) No member or employee of the General Assembly or employee	183
of any legislative agency shall knowingly accept any of the	184
following from a legislative agent:	185

(1) The payment of any expenses for travel or lodging except	186
as otherwise authorized by division (H) of section 102.03 of the	187
Revised Code;	188

(2) More than seventy-five dollars aggregated per calendar	189
year as payment for meals and other food and beverages, other than	190
for those meals and other food and beverages provided to the	191
member or employee at a meeting at which the member or employee	192
participates in a panel, seminar, or speaking engagement, at a	193
meeting or convention of a national organization to which either	194
house of the General Assembly or any state agency, including, but	195
not limited to, any legislative agency or state institution of	196
higher education as defined in section 3345.011 of the Revised	197
Code, pays membership dues, or at a dinner, party, or function to	198
which all members of the General Assembly or all members of either	199
house of the General Assembly are invited.	200

(C) No member or employee of the General Assembly or employee	201
of any legislative agency shall knowingly accept from a	202
legislative agent a gift of any amount in the form of cash or the	203
equivalent of cash, or a gift or gifts of any other thing of value	204
where the value of the gift or gifts aggregated per calendar year	205
exceeds seventy-five dollars. As used in this division, "gift"	206
does not include any contribution as defined in section 3517.01 of	207
the Revised Code or any gifts of meals and other food and	208
beverages or the payment of expenses incurred for travel to	209
destinations either inside or outside this state that is received	210
by a member of the General Assembly and that is incurred in	211
connection with the member's official duties.	212

(D) It is not a violation of division (B)(2) of this section	213
if, within sixty days after receiving notice pursuant to division	214
(F)(2) of section 101.73 of the Revised Code from a legislative	215
agent that the legislative agent has provided a member of the	216
General Assembly or an employee of the General Assembly or any	217
legislative agency with more than seventy-five dollars aggregated	218
in a calendar year as payment for meals and other food and	219
beverages that were purchased for consumption on the premises in	220
which the food and beverages were sold, the member or employee of	221
the General Assembly or employee of any legislative agency returns	222
to that legislative agent the amount received that exceeds	223
seventy-five dollars.	224

SECTION 6. CONFIDENTIAL INFORMATION

225

No present or former member or employee of the General	226
Assembly or present or former employee of any legislative agency	227
shall disclose or use for the member's or employee's personal	228
profit, without appropriate authorization, any information	229
acquired by the member or employee in the course of the member's	230
or employee's official duties that has been clearly designated to	231
the member or employee as confidential when such confidential	232
designation is warranted because of the status of the proceedings	233
or the circumstances under which the information was received and	234
preserving its confidentiality is necessary to the proper conduct	235
of government business. No present or former member or employee of	236
the General Assembly or present or former employee of any	237
legislative agency shall disclose or use, without appropriate	238
authorization, any information acquired by the member or employee	239
in the course of the member's or employee's official duties that	240
is confidential because of statutory provisions, except as	241
provided in section 101.30 of the Revised Code or Section 12 or 13	242
of Article II, Ohio Constitution.	243

SECTION 7. IMPROPER INFLUENCE

244

(A) No member or employee of the General Assembly or employee	245
of any legislative agency shall use or attempt to use or authorize	246
the use of the authority or influence of the member's or	247
employee's office or employment to secure anything of value or the	248
promise or offer of anything of value that is of such a character	249
as to manifest a substantial and improper influence upon the	250
member or employee with respect to the member's or employee's	251
duties.	252

(B) No member or employee of the General Assembly or employee	253
of any legislative agency shall solicit or accept anything of	254
value that is of such a character as to manifest a substantial and	255
improper influence upon the member or employee with respect to the	256
member's or employee's duties.	257

(C) No member of the General Assembly shall solicit or	258
receive funds from any legislative agent who is registered	259
pursuant to section 101.72 of the Revised Code, for use other than	260
by a political party, campaign committee, legislative campaign	261
fund, political action committee, or political contributing	262
entity, as defined in section 3517.01 of the Revised Code, except	263
that a member may solicit or receive funds from any legislative	264
agent on behalf of religious and benevolent organizations	265
regulated by Chapter 1716. of the Revised Code or charitable	266
organizations that have registered with the Attorney General	267
pursuant to section 109.26 or 1716.02 of the Revised Code.	268

(D) In the absence of bribery or another offense under the	269
Revised Code or a purpose to defraud, the receipt of	270
contributions, as defined in section 3517.01 of the Revised Code,	271
made to a campaign committee, political party, legislative	272
campaign fund, political action committee, or political	273
contributing entity on behalf of a member of or candidate for the	274
General Assembly does not violate divisions (A) and (B) of this	275
section.	276

(E) A member or employee of the General Assembly and an	277
employee of any legislative agency may accept travel, meals, and	278
lodging or expenses or reimbursement of expenses for travel,	279
meals, and lodging in connection with conferences, seminars, and	280
similar events related to the member's or employee's official	281
duties if the travel, meals, lodging, expenses, or reimbursement	282
is not of such a character as to manifest a substantial and	283
improper influence upon the member or employee with respect to	284
those duties and if, in relation to expenses or reimbursement for	285
travel or lodging provided to a member by a legislative agent, the	286
expenses or reimbursement are not made in violation of division	287
(C)(1) of section 102.031 of the Revised Code. A member or	288
employee who acts in compliance with this division does not	289
violate division (A), (B), or (C) of this section.	290

SECTION 8. STAFF USE

291

(A) A member of the General Assembly shall utilize General	292
Assembly employees only for the official purposes for which they	293
are employed.	294

(B)(1) In accordance with section 3517.092 of the Revised	295
Code, no member of or candidate for the General Assembly, no	296
campaign committee of a member of or candidate for the General	297
Assembly, no legislative caucus campaign committee, and no other	298
person or entity shall knowingly solicit or accept a contribution	299
on behalf of that member or candidate, that member's or	300
candidate's campaign committee, or a legislative caucus campaign	301
committee from any of the following:	302

(a) A state employee whose appointing authority is the member	303
of the General Assembly;	304

(b) A state employee whose appointing authority is authorized	305
or required by law to be appointed by the member of the General	306
Assembly;	307

(c) A state employee who functions in or is employed by the	308
Ohio Senate, the Ohio House of Representatives, or any legislative	309
agency;	310

(d) A state employee at the time of the solicitation, whose	311
appointing authority will be the candidate for the General	312
Assembly, if elected;	313

(e) A state employee at the time of the solicitation, whose	314
appointing authority will be appointed by the candidate for the	315
General Assembly, if elected, as authorized or required by law;	316

(f) A state employee at the time of the solicitation, who	317
will function in or be employed in or by the same public agency,	318
department, division, or office as the candidate for the General	319
Assembly, if elected.	320

(2) As used in this section, "contribution" does not include	321
services provided by individuals volunteering a portion of their	322
time on behalf of a campaign.	323

(C) In addition to any complaint brought or penalty that may	324
be imposed under sections 3517.152 to 3517.157 of the Revised	325
Code, the Joint Legislative Ethics Committee may receive and	326
initiate complaints against members and employees of, and	327
candidates for, the General Assembly and employees of any	328
legislative agency concerning conduct alleged to be in violation	329
of this section. Upon a finding of a violation of this section,	330
the Joint Legislative Ethics Committee may recommend whatever	331
sanction is appropriate with respect to a particular member,	332
employee, or candidate as will best maintain in the minds of the	333
public a good opinion of the conduct and character of members and	334
employees of the General Assembly.	335

SECTION 9. SEPARATION OF FUNDS

336

(A) No member of or candidate for the General Assembly shall	337
convert, receive, or accept for personal or business use anything	338
of value from the member's or candidate's campaign fund, as	339
defined in section 3517.01 of the Revised Code, including, without	340
limitation, payments to the member or candidate for services	341
personally performed by the member or candidate, except as	342
reimbursement for any of the following:	343

(1) Legitimate and verifiable prior campaign expenses	344
incurred by the member or candidate;	345

(2) Legitimate and verifiable, ordinary, and necessary prior	346
expenses incurred by the member or candidate in connection with	347
duties as the holder of a public office, including, without	348
limitation, expenses incurred through participation in nonpartisan	349
or bipartisan events where the participation of the holder of a	350
public office would normally be expected;	351

(3) Legitimate and verifiable, ordinary, and necessary prior	352
expenses incurred by a member or candidate while doing any of the	353
following:	354

(a) Engaging in activities in support of or opposition to	355
another candidate, political party, or ballot issue;	356

(b) Raising funds for a political party, political action	357
committee, campaign committee, legislative campaign fund,	358
political contributing entity, or other candidate;	359

(c) Participating in the activities of a political party,	360
political action committee, legislative campaign fund, political	361
contributing entity, or campaign committee;	362

(d) Attending a political party convention or other political	363
meeting.	364

(B) For purposes of division (A) of this section, an expense	365
is incurred whenever a member or candidate has either made payment	366
or is obligated to make payment, as by the use of a credit card or	367
other credit procedure, or by the use of goods or services	368
received on account.	369

(C) No member of or candidate for the General Assembly shall	370
knowingly receive or accept reimbursement for an expense under	371
division (A) of this section to the extent that the expense	372
previously was reimbursed or paid from another source of funds. If	373
an expense is reimbursed under division (A) of this section and is	374
later paid or reimbursed, wholly or in part, from another source	375
of funds, a member or candidate shall immediately repay the	376
reimbursement received under division (A) of this section to the	377
extent of the payment made or reimbursement received from the	378
other source.	379

(D) A member of the General Assembly may be reimbursed under	380
division (A)(1) or (3) of this section for expenses incurred for	381
the member's meals and lodging in Franklin County if the expenses	382
otherwise meet the requirements for reimbursement under division	383
(A)(1) or (3) of this section and were not incurred while the	384
member was in Franklin County to attend floor sessions of the	385
General Assembly or meetings of its committees, except that a	386
member may be reimbursed under division (A)(1), (2), or (3) of	387
this section for expenses incurred for the member's meals in	388
Franklin County at any time if the expenses otherwise meet the	389
requirements for reimbursement under division (A)(1), (2), or (3)	390
of this section and were incurred for meals at which the member	391
hosted other persons.	392

(E) No member of or candidate for the General Assembly shall	393
accept for personal or business use anything of value from a	394
political party, political action committee, legislative campaign	395
fund, political contributing entity, or campaign committee other	396
than the member's or candidate's own campaign committee, except	397
for the following:	398

(1) Reimbursement for legitimate and verifiable, ordinary,	399
and necessary prior expenses not otherwise prohibited by law	400
incurred by the member or candidate while engaged in any	401
legitimate activity of the political party, political action	402
committee, legislative campaign fund, political contributing	403
entity, or such campaign committee. Without limitation,	404
reimbursable expenses under this division include those incurred	405
while doing any of the following:	406

(a) Engaging in activities in support of or opposition to	407
another candidate, political party, or ballot issue;	408

(b) Raising funds for a political party, campaign committee,	409
legislative campaign fund, or another candidate;	410

(c) Attending a political party convention or other political	411
meeting.	412

(2) Compensation not otherwise prohibited by law for actual	413
and valuable personal services rendered under a written contract	414
to the political party, political action committee, legislative	415
campaign fund, political contributing entity, or the member's or	416
candidate's own campaign committee for any legitimate activity of	417
the political party, political action committee, legislative	418
campaign fund, political contributing entity, or such campaign	419
committee.	420

Reimbursable expenses under this division do not include, and	421
it is a violation of this division for a member or candidate to	422
accept from a political party, political action committee,	423
legislative campaign fund, political contributing entity, or	424
campaign committee other than the member's or candidate's own	425
campaign committee, anything of value for activities primarily	426
related to the member's or candidate's own campaign for election,	427
except for contributions to the member's or candidate's campaign	428
committee.	429

For purposes of this division, an expense is incurred	430
whenever a member or candidate has either made payment or is	431
obligated to make payment, as by the use of a credit card or other	432
credit procedure, or by the use of goods or services received on	433
account.	434

(F)(1) Divisions (A) and (C) of this section do not prohibit	435
a member's or candidate's campaign committee from making a direct	436
advance or post payment from the member's or candidate's campaign	437
fund to vendors for goods and services for which reimbursement is	438
permitted under division (A) of this section, except that no	439
campaign committee shall pay a member or candidate for services	440
personally performed by the member or the candidate.	441

(2) When any expense that may be reimbursed under division	442
(A), (C), or (E) of this section is part of other expenses that	443
may not be paid or reimbursed, the separation of the two types of	444
expenses for the purpose of allocating for payment or	445
reimbursement those expenses that may be paid or reimbursed may be	446
by any reasonable accounting method, considering all of the	447
surrounding circumstances.	448

(3) For purposes of divisions (A), (C), and (E) of this	449
section, mileage allowance at a rate not greater than that allowed	450
by the Internal Revenue Service at the time the travel occurs may	451
be paid instead of reimbursement for actual travel expenses	452
allowable.	453

(G) The Joint Legislative Ethics Committee shall report	454
violations of this section to the Elections Commission pursuant to	455
division (E)(1) of Section 13 of this Code of Ethics.	456

SECTION 10. HONORARIA AND TESTIMONIALS

457

(A) No member of the General Assembly, employee of the	458
General Assembly who is required to file a financial disclosure	459
statement under section 102.02 of the Revised Code, or employee of	460
any legislative agency who is required to file a financial	461
disclosure statement under section 102.02 of the Revised Code	462
shall solicit or accept an honorarium. This division and divisions	463
(A), (B), and (C) of Section 7 of this Code of Ethics do not	464
prohibit a member or employee who is required to file a financial	465
disclosure statement under section 102.02 of the Revised Code from	466
accepting the payment of actual travel expenses, including any	467
expenses incurred in connection with the travel for lodging, and	468
meals, food, and beverages provided to the member or employee at a	469
meeting at which the member or employee participates in a panel,	470
seminar, or speaking engagement or provided to the member or	471
employee at a meeting or convention of a national organization to	472
which either house of the General Assembly, or any state agency,	473
including, but not limited to, any legislative agency or state	474
institution of higher education as defined in section 3345.011 of	475
the Revised Code, pays membership dues. This division and	476
divisions (A), (B), and (C) of Section 7 of this Code of Ethics do	477
not prohibit an employee of the General Assembly or employee of	478
any legislative agency who is not required to file a financial	479
disclosure statement under section 102.02 of the Revised Code from	480
accepting an honorarium or the payment of travel, meal, and	481
lodging expenses if the honorarium, expenses, or both were paid in	482
recognition of demonstrable business, professional, or esthetic	483
interests of the employee that exist apart from the employee's	484
public employment, including, but not limited to, such a	485
demonstrable interest in public speaking and were not paid by any	486
person or other entity, or by any representative or association of	487
such person or entities, that is regulated by, doing business	488
with, or seeking to do business with the General Assembly or any	489
legislative agency.	490

(B) No member of the General Assembly shall conduct a public	491
or private fund raising event that seeks to provide money for the	492
member's personal use.	493

(C) As used in this section, "honorarium" means any payment	494
made in consideration for any speech given, article published, or	495
attendance at any public or private conference, convention,	496
meeting, social event, meal, or similar gathering. "Honorarium"	497
does not include ceremonial gifts or awards that have	498
insignificant monetary value; unsolicited gifts of nominal value	499
or trivial items of informational value; or earned income from any	500
person, other than a legislative agent, for personal services that	501
are customarily provided in connection with the practice of a bona	502
fide business, if that business initially began before the member	503
or employee conducting that business was elected or appointed to	504
the member's or employee's office or position of employment.	505

SECTION 11. IMPROPER INDUCEMENT

506

If any person attempts to induce a member or employee of or	507
candidate for the General Assembly or employee of any legislative	508
agency to violate any provision of this Code of Ethics, the	509
member, employee, or candidate shall report the matter to the	510
Joint Legislative Ethics Committee.	511

SECTION 12. ADVISORY BODY

512

(A) The Joint Legislative Ethics Committee may recommend	513
legislation relating to ethics, conflicts of interest, and	514
financial disclosure and, upon a vote of a majority of its	515
members, may render advisory opinions with regard to questions	516
concerning these matters for members and employees of and	517
candidates for the General Assembly and for employees of any	518
legislative agency.	519

(B) When the Joint Legislative Ethics Committee renders an	520
advisory opinion that has been publicly sought and that relates to	521
a special set of circumstances involving ethics, conflicts of	522
interest, or financial disclosure under Chapter 102. or section	523
2921.42 or 2921.43 of the Revised Code, the person to whom the	524
opinion was directed or who was similarly situated may reasonably	525
rely upon such opinion and shall be immune from criminal	526
prosecutions, civil suits, or actions for removal from the	527
person's office or position of employment for a violation of	528
Chapter 102. or section 2921.42 or 2921.43 of the Revised Code	529
based on facts and circumstances covered by the opinion, if the	530
opinion states that there is no violation of Chapter 102. or	531
section 2921.42 or 2921.43 of the Revised Code. The committee	532
shall include in every advisory opinion it renders a statement as	533
to whether the set of circumstances described in the advisory	534
opinion constitutes a violation of section 2921.42 or 2921.43 of	535
the Revised Code. When the Joint Legislative Ethics Committee	536
renders an opinion that has been publicly sought, the advisory	537
opinion is a public record available under section 149.43 of the	538
Revised Code.	539

(C) When the Joint Legislative Ethics Committee renders a	540
written opinion that has been privately sought and that relates to	541
a special set of circumstances involving ethics, conflicts of	542
interest, or financial disclosure under Chapter 102. or section	543
2921.42 or 2921.43 of the Revised Code, the written opinion does	544
not have the legal effect of an advisory opinion issued under	545
division (B) of this section. When the Joint Legislative Ethics	546
Committee renders a written opinion that has been privately	547
sought, the written opinion is not a public record available under	548
section 149.43 of the Revised Code.	549

The person to whom a written opinion is issued under this	550
division may request the committee to issue the written opinion as	551
an advisory opinion. The person may make the request at any time	552
within thirty days after the written opinion is issued and prior	553
to committing any proposed action discussed in the written	554
opinion. Upon receiving a timely request and with the approval of	555
a majority of the members of the committee, the committee may	556
issue the written opinion as an advisory opinion. If the committee	557
issues the written opinion as an advisory opinion, the advisory	558
opinion has the same legal effect as an advisory opinion issued	559
under division (B) of this section and is a public record	560
available under section 149.43 of the Revised Code. If the person	561
commits any proposed action discussed in the written opinion	562
before the committee issues the written opinion as an advisory	563
opinion, the advisory opinion grants no immunity to the person	564
regarding any action that is discussed in the written opinion and	565
that the person commits before the committee issues the written	566
opinion as an advisory opinion.	567

(D) The Joint Legislative Ethics Committee shall issue an	568
advisory opinion under division (B) of this section or a written	569
opinion under division (C) of this section, whether it is publicly	570
or privately sought, only at a meeting of the committee and only	571
with the approval of a majority of the members of the committee.	572

(E) All requests for an opinion shall be submitted in writing	573
by the member or employee of or candidate for the General Assembly	574
or employee of any legislative agency who desires the opinion and	575
shall state in the request whether the opinion is being publicly	576
or privately sought. If the request fails to state whether the	577
opinion is being publicly or privately sought, the committee shall	578
consider the opinion to be privately sought. The committee shall	579
issue in writing all advisory opinions that have been publicly	580
sought, appropriately number them, and make them available for	581
public inspection. The Joint Legislative Ethics Committee shall	582
conduct all of its proceedings surrounding the rendering of an	583
opinion so as to protect the confidentiality of those named in the	584
request for the opinion.	585

SECTION 13. CONSIDERATION AND HEARING OF COMPLAINTS

586

(A)(1) The Joint Legislative Ethics Committee shall receive,	587
and may initiate, complaints concerning breach of privilege and	588
complaints against members and employees of and candidates for the	589
General Assembly and employees of any legislative agency	590
concerning conduct alleged to be misconduct, a violation of	591
Chapter 102. or section 2921.42 or 2921.43 of the Revised Code,	592
this Code of Ethics, or the House or Senate rules. All complaints	593
except those by the committee shall be by affidavit made on	594
personal knowledge, subject to the penalties of perjury. A	595
complaint by the committee shall be by affidavit, based upon facts	596
that constitute reasonable cause to believe that a breach of	597
privilege, misconduct, or a violation of the House or Senate	598
rules, this Code of Ethics, or Chapter 102. or section 2921.42 or	599
2921.43 of the Revised Code, has occurred. The complaint shall not	600
contain innuendo, speculative assertions, or conclusory	601
statements.	602

At the first meeting of the committee in each calendar year,	603
the chairperson of the committee for that year shall appoint an	604
investigation subcommittee. The subcommittee shall consist of the	605
chairperson of the committee for that year and a member of the	606
committee who is a member of the chamber and political party of	607
which the chairperson is not a member. This subcommittee shall	608
have the authority to issue subpoenas regarding complaints	609
referred to it and approve depositions by the Office of the	610
Legislative Inspector General.	611

(2) A complaint other than a complaint by the committee shall	612
be filed with the executive director of the Office of the	613
Legislative Inspector General of the Joint Legislative Ethics	614
Committee. Upon receiving the complaint, the executive director or	615
the executive director's designee shall gather, if necessary,	616
preliminary facts surrounding the complaint for presentation to	617
the chairperson or committee. Thereafter, the executive director	618
shall seal the complaint and deliver it to the chairperson of the	619
Joint Legislative Ethics Committee. A complaint by the committee	620
shall be drafted by the legal counsel of the Office of the	621
Legislative Inspector General, and, if at least eight members of	622
the committee approve the draft complaint, the draft complaint	623
shall be a complaint by the committee and shall be filed with the	624
Office of the Legislative Inspector General and delivered to the	625
chairperson of the committee.	626

Within fourteen days after the filing of a complaint by a	627
complainant, the chairperson shall notify the complainant that the	628
complaint has been filed with the committee, that all further	629
proceedings of the committee are confidential, that the committee	630
is required to dismiss the complaint if it is not disposed of	631
within six months after the complaint is filed, and that, if a	632
report dealing with the complaint has not been published in the	633
House or Senate Journal, as appropriate, within that time, the	634
complaint has been dismissed because no violation was found to	635
have been committed by the accused person. Within fourteen days	636
after the filing of any complaint, the chairperson shall deliver a	637
copy of the complaint to the accused person and shall notify the	638
accused person that the accused person may file, within twenty	639
days after receiving the copy, a written response to the complaint	640
with the executive director of the Office of the Legislative	641
Inspector General and, if desired, may file in addition to the	642
written response a request to appear personally before the	643
committee to answer to the complaint. The executive director	644
immediately shall seal the written response to the complaint, the	645
request, or both and deliver the written response, the request, or	646
both to the chairperson.	647

Within forty-five days after the filing of any complaint and	648
at least twenty days after the chairperson has delivered a copy of	649
the complaint to the accused person, the chairperson shall convene	650
a meeting of the committee regarding the complaint. If at least	651
eight members of the committee find that the complaint before the	652
committee is not frivolous and that the facts alleged constitute	653
on their face a breach of privilege, misconduct, a violation of	654
this Code of Ethics or the House or Senate Rules, or a violation	655
of Chapter 102. or section 2921.42 or 2921.43 of the Revised Code,	656
the committee shall refer the complaint to the Office of the	657
Legislative Inspector General for further investigation and may	658
delegate to the investigation subcommittee appointed pursuant to	659
division (A)(1) of this section the authority to issue subpoenas	660
regarding a given complaint or other matter. The chairperson of	661
the committee shall notify the accused of the referral. Unless	662
eight members of the committee find that the complaint before the	663
committee alleges facts that, on their face, constitute a breach	664
of privilege, misconduct, a violation of this Code of Ethics or	665
the House or Senate Rules, or a violation of Chapter 102. or	666
sections 2921.42 or 2921.43 of the Revised Code, the committee	667
shall dismiss the complaint.	668

(B) The Office of the Legislative Inspector General shall	669
investigate each complaint referred to it by the committee and	670
shall investigate any other matters as directed by the committee.	671
The Office of the Legislative Inspector General may request	672
further information from the complainant, any person presenting	673
charges to the committee, the accused person if the information	674
sought is directly relevant to a complaint or charges received by	675
the committee pursuant to this section, and any other person it	676
believes may have information pertaining to the complaint or other	677
matter referred for investigation to the Office of the Legislative	678
Inspector General. It may request the committee to issue a	679
subpoena to obtain any necessary information. Upon the approval of	680
the investigation subcommittee appointed pursuant to division	681
(A)(1) of this section, the Office of the Legislative Inspector	682
General may depose any person. Any person interviewed or deposed	683
by the Office of the Legislative Inspector General may be	684
represented by an attorney. The substance of any request for	685
further information and the information provided pursuant to any	686
request are confidential. Except as otherwise provided in this	687
section, the person from whom information is requested shall not	688
divulge the substance of the committee's request to any person	689
other than the person's attorney and shall not divulge the	690
information provided in response to the request to any person	691
other than the person's attorney and any person necessary to	692
prepare the information for delivery to the committee. Except as	693
otherwise provided in this section, no attorney or person who	694
prepares information for delivery to the committee shall divulge	695
the substance of the committee's request or the information	696
provided in response to the request.	697

Upon the completion of an investigation based on a complaint	698
referred to the Office of the Legislative Inspector General, the	699
executive director, or the executive director's designee, shall	700
present to the committee the executive director's or designee's	701
preliminary findings with respect to the facts and evidence	702
gathered regarding the complaint. Upon receiving the preliminary	703
findings, the committee, upon a vote of at least eight members of	704
the committee, may refer the complaint back to the Office of the	705
Legislative Inspector General for further investigation, hold a	706
hearing pursuant to divisions (D) and (G) of this section, order	707
remedial action pursuant to division (D) of this section, or	708
dismiss the complaint.	709

Upon the completion of an investigation of any other matter	710
referred to the Office of the Legislative Inspector General, the	711
executive director or the executive director's designee shall	712
present to the committee the executive director's or designee's	713
preliminary findings with respect to the facts and evidence	714
gathered regarding the matter referred. Upon receiving the	715
preliminary findings, the committee, upon a vote of at least eight	716
members of the committee, may refer the matter back to the Office	717
of the Legislative Inspector General for further investigation,	718
request that a complaint be drafted by the legal counsel of the	719
Office of the Legislative Inspector General, terminate the	720
investigation, or hold a hearing pursuant to division (E) of this	721
section.	722

Before the fifth day of each month, the executive director of	723
the Office of the Legislative Inspector General shall make a	724
report, in writing, to the committee regarding the status of any	725
ongoing investigation that the committee referred to the Office of	726
the Legislative Inspector General.	727

(C) Before the committee takes any formal action against a	728
person who is the subject of an investigation based upon a	729
complaint filed with the committee, the committee shall consider	730
the complaint.	731

(D) The committee may defer action on a complaint against	732
members and employees of and candidates for the General Assembly	733
and employees of any legislative agency when the complaint alleges	734
conduct that at least eight members of the committee find reason	735
to believe is being reviewed by appropriate law enforcement or	736
regulatory authorities, or when at least eight members of the	737
committee determine that it is appropriate for the conduct alleged	738
in the complaint to be reviewed initially by law enforcement or	739
regulatory authorities.	740

(E)(1) If, in any case in which a complaint is filed with the	741
committee, at least eight members of the committee find that the	742
complaint is not frivolous and there is reasonable cause to	743
believe that the facts alleged in the complaint constitute a	744
breach of privilege, misconduct, or a violation of Chapter 102. or	745
section 2921.42 or 2921.43 of the Revised Code, this Code of	746
Ethics, or the House or Senate Rules, the committee shall hold a	747
hearing. At the hearing, the legal counsel of the Office of the	748
Legislative Inspector General shall present to the committee the	749
case against the accused person, introduce evidence, call	750
witnesses, and cross-examine witnesses. The chairperson of the	751
committee shall make all rulings regarding procedure and the	752
admissibility of evidence. The hearing and all related proceedings	753
of the committee are absolutely confidential as provided under	754
this Code of Ethics and section 102.06 of the Revised Code. No	755
member or employee of the committee, person who staffs or	756
otherwise serves the committee, witness, or other person shall	757
divulge any information about the hearing or related proceedings,	758
except that a witness and the complainant may consult with an	759
attorney before and after the hearing and any related proceeding,	760
any witness may be represented by an attorney while the witness is	761
being examined or cross-examined, the accused person may be	762
represented by an attorney at all stages of the proceedings, and	763
the attorney of the accused person may attend all hearings and	764
related proceedings of the committee.	765

(2) If, in any case in which a complaint is filed with the	766
committee, at least eight members of the committee find that the	767
complaint is frivolous or that there is no reasonable cause to	768
believe that the charge or complaint constitutes a breach of	769
privilege, misconduct, or a violation of Chapter 102. or section	770
2921.42 or 2921.43 of the Revised Code, this Code of Ethics, or	771
the House or Senate Rules, the committee shall dismiss the	772
complaint and notify the accused person in writing of the	773
dismissal of the complaint. If the committee so dismisses the	774
complaint, the committee shall not issue a report of its findings	775
unless the accused person requests a report. If the accused person	776
requests a report, the committee shall issue a report in	777
accordance with division (F)(2) of this section.	778

(3) If, in any case in which a complaint is filed with the	779
committee, the committee finds by unanimous concurrence of its	780
membership that there is reasonable cause to believe that the	781
charges presented constitute a breach of privilege, misconduct, or	782
a violation of this Code of Ethics or the House or Senate Rules	783
but do not constitute a violation of Chapter 102. or section	784
2921.42 or 2921.43 of the Revised Code and also finds by unanimous	785
concurrence of its membership that the breach of privilege,	786
misconduct, or violation was in good faith and without wrongful	787
intent and the person has taken or will take suitable remedial	788
action, it may order the person to take any further remedial	789
action it considers necessary and, upon satisfaction that any	790
order it makes is complied with, terminate the investigation, with	791
the concurrence of the accused person. If an investigation is so	792
terminated, the committee shall not issue a report of its findings	793
unless the accused person requests a report. If the accused person	794
requests a report, the committee shall issue a report in	795
accordance with division (F)(2) of this section. If the accused	796
person fails to comply with an order of the committee, the	797
committee, upon concurrence of at least eight of its members,	798
shall proceed with the original complaint filed against the	799
person.	800

(F)(1) If, upon the basis of the hearing, at least eight	801
members of the committee find, based upon a preponderance of the	802
evidence, that the facts alleged in the complaint are true and	803
constitute a violation of Chapter 102. or section 2921.42 or	804
2921.43 of the Revised Code, the committee, upon concurrence of at	805
least eight of its members, shall order the Office of the	806
Legislative Inspector General to prepare a report of the	807
committee's findings to the appropriate prosecuting authority or	808
other appropriate body for proceedings in prosecution of the	809
violations and, in accordance with division (F)(1) of this	810
section, issue a report to the General Assembly recommending	811
reprimand, censure, expulsion, or other sanction the committee	812
considers appropriate. Upon acceptance by at least eight members	813
of the committee of the report to the appropriate prosecuting	814
authority or other appropriate body, the committee shall report	815
its findings to the appropriate prosecuting authority, the	816
Elections Commission, or other appropriate body. This report is	817
the investigative report described in division (E) of section	818
101.34 of the Revised Code and shall contain any findings of fact	819
and conclusions of law made by the committee. This report shall	820
not contain any papers, records, affidavits, or documents upon any	821
complaint, inquiry, or investigation relating to the proceedings	822
of the committee. If at least eight members of the committee find,	823
based upon a preponderance of the evidence, that the facts alleged	824
in the complaint are true and constitute a violation of division	825
(B) of section 102.031 of the Revised Code, the committee may	826
impose a fine of not more than one thousand dollars upon the	827
member.	828

(2) If, upon the basis of the hearing, at least eight members	829
of the committee find, based upon a preponderance of the evidence,	830
that a breach of privilege has been committed or that a member or	831
employee of or candidate for the General Assembly or employee of	832
any legislative agency has violated a provision of this Code of	833
Ethics or the House or Senate Rules that is not a violation of	834
Chapter 102. or section 2921.42 or 2921.43 of the Revised Code, or	835
has committed misconduct, the committee, upon concurrence of at	836
least eight of its members and in accordance with division (F)(1)	837
of this section, may issue a report recommending reprimand,	838
censure, expulsion, or other sanction the committee considers	839
appropriate or, upon a finding by unanimous concurrence of its	840
membership that the breach of privilege, misconduct, or violation	841
was in good faith and without wrongful intent and the person has	842
taken or will take suitable remedial action, may order the person	843
to take any further remedial action it considers necessary and,	844
upon satisfaction that any order it makes is complied with,	845
dismiss the complaint without issuing a report of its findings,	846
unless the accused person requests a report. If the accused person	847
requests a report, the committee shall issue a report in	848
accordance with division (F)(2) of this section. If the person	849
fails to comply with an order of the committee, the committee,	850
upon concurrence of eight of its members, shall recommend some	851
sanction.	852

(3) If, upon the basis of the hearing, at least eight members	853
of the committee do not find, based upon a preponderance of the	854
evidence, that the facts alleged in a complaint constitute a	855
breach of privilege, misconduct, or a violation of Chapter 102. or	856
section 2921.42 or 2921.43 of the Revised Code, this Code of	857
Ethics, or the House or Senate Rules, the committee shall dismiss	858
the complaint. The complaint shall also be dismissed if the	859
committee has not conducted a hearing within ninety days after the	860
complaint is filed with the committee, or if the committee has not	861
finally disposed of the complaint within six months after the	862
complaint is filed with the committee. The committee shall notify	863
the accused person in writing of the dismissal of the complaint.	864
The committee shall not issue a report of its findings unless the	865
accused person requests a report. If the accused person requests a	866
report, the committee shall issue a report in accordance with	867
division (F)(2) of this section. If the committee issues the	868
report, all evidence and the record of the hearing shall remain	869
confidential unless the accused person also requests that the	870
evidence and record be made public. Upon request by the accused	871
person, the committee shall make the evidence and the record	872
available for public inspection.	873

(G)(1) Any report of the committee that is issued pursuant to	874
division (E)(1) of this section and contains a finding that the	875
facts in the complaint are true and constitute a violation of	876
Chapter 102. or section 2921.42 or 2921.43 of the Revised Code, or	877
that is issued pursuant to division (E)(2) of this section and	878
contains a finding that a breach of privilege, misconduct, or	879
violation of this Code of Ethics or the House or Senate Rules has	880
occurred and recommends reprimand, censure, expulsion, or another	881
appropriate sanction, shall be entered in the House Journal and	882
the Senate Journal. The House of Representatives and the Senate	883
shall vote on approval of any report entered in the House or	884
Senate Journal in accordance with this division. Concurrence of	885
two-thirds of the members of both the House and the Senate shall	886
be necessary for approval of the report, and, upon approval, any	887
recommended sanction shall be imposed immediately.	888

(2) If the investigation of the committee results in a	889
finding that a complaint that is filed is frivolous or that no	890
misconduct, breach of privilege, or violation of Chapter 102. or	891
section 2921.42 or 2921.43 of the Revised Code, this Code of	892
Ethics, or the House or Senate Rules has been committed or if the	893
committee terminates an investigation or dismisses a complaint	894
pursuant to division (E)(2) or (3) of this section, the committee	895
shall not issue a report of its findings unless the accused person	896
requests a report. If the accused person requests a report, the	897
committee shall issue a report and publish it in the House	898
Journal, if the accused person is a member or employee of, or	899
candidate for, the House of Representatives, or the Senate	900
Journal, if the accused person is a member or employee of, or	901
candidate for, the Senate or an employee of any legislative	902
agency. A report published in the House or Senate Journal under	903
division (F)(2) of this section does not require a vote by the	904
House or Senate.	905

(H) A person against whom a complaint is filed shall be given	906
by certified mail, return receipt requested, or by personal	907
service reasonable notice of the date, time, and place of the	908
hearing and a statement of the charges and the law or provision	909
directly involved, and shall be granted the following rights: to	910
be represented by counsel, to have counsel appointed for the	911
person if the person is unable to afford counsel without undue	912
hardship, to examine the evidence against the person, to have	913
access to all information relative to the complaint that is in the	914
possession or knowledge of the committee or the Office of the	915
Legislative Inspector General, to produce evidence and to call and	916
subpoena witnesses in the person's defense, to confront the	917
person's accusers, to cross-examine witnesses, to have a	918
stenographic record made of the hearing, to have the hearing	919
follow the rules of evidence applicable to the courts of this	920
state, and to have the hearing closed to the public. A person,	921
with the approval of the committee, may waive any or all of such	922
rights by executing a written waiver and filing it with the	923
committee.	924

(I) The chairperson of the committee and the executive	925
director and chief legal counsel of the Office of the Legislative	926
Inspector General may administer oaths, and the committee or the	927
investigation subcommittee appointed pursuant to division (A)(1)	928
of this section may issue subpoenas to any person in the state	929
compelling the attendance of witnesses and the production of	930
relevant papers, books, accounts, and records. The committee or	931
the investigation subcommittee shall issue subpoenas to compel the	932
attendance of witnesses and the production of documents upon the	933
request of an accused person. Section 101.42 of the Revised Code	934
shall govern the issuance of such subpoenas insofar as applicable.	935
Upon the refusal of any person to obey a subpoena, be sworn, or	936
answer as a witness, the committee or the investigation	937
subcommittee may apply to the Court of Common Pleas of Franklin	938
County under section 2705.03 of the Revised Code. The court shall	939
hold proceedings in accordance with Chapter 2705. of the Revised	940
Code. The committee, the Office of the Legislative Inspector	941
General, or the accused person may take the depositions of	942
witnesses residing within or without the state in the same manner	943
as prescribed by law for the taking of depositions in civil	944
actions in the court of common pleas.	945

(J)(1) All complaints, papers, records, affidavits, and	946
documents upon any complaint, inquiry, or investigation relating	947
to the proceedings of the committee shall be sealed and are	948
private and confidential, except as otherwise provided in this	949
section. The substance of any charges received by the committee	950
and of any request made by the committee for further information,	951
any information received by the committee, all testimony and other	952
evidence presented during a hearing, and all committee discussions	953
are private and confidential, except as otherwise provided in this	954
section. No person serving on or employed in the service of the	955
committee, or employee of the Office of the Legislative Inspector	956
General who staffs or otherwise assists the committee or the	957
Office of the Legislative Inspector General employee who staffs	958
the committee shall divulge any of the following:	959

(a) Any matter concerning a complaint after it is filed with	960
the executive director of the Office of the Legislative Inspector	961
General;	962

(b) In the case of complaints initiated by the committee, any	963
matter concerning a complaint after the matter is under	964
investigation by the committee, whether before or after a	965
complaint is filed;	966

(c) Any other information that is made private and	967
confidential by this section.	968

(2) The requirement of confidentiality set forth in division	969
(I)(1) of this section includes without limitation divulging any	970
matter to members or employees of the House or Senate or employees	971
of any legislative agency who are not members of or assigned to	972
the committee or to any employees of the Office of the Legislative	973
Inspector General who are not assigned to staff the committee or	974
do not assist any Office of the Legislative Inspector General	975
employee assigned to staff the committee, but does not prevent any	976
of the following:	977

(a) The issuance of a final report by the committee or any	978
commentary upon the contents of the final report;	979

(b) Discussion of any complaint, request for an advisory	980
opinion, charges presented to the committee, information related	981
to a complaint, to an advisory opinion request, or to charges	982
presented to the committee, proceedings of the committee, or other	983
papers, records, affidavits, documents, or proceedings that are	984
made private and confidential by this section between the members	985
of the committee and any of the following:	986

(i) Any employees or staff of the committee;

987

(ii) Any employees of the General Assembly assigned to serve	988
the committee, and any employee who serves as legal counsel for a	989
caucus of the General Assembly;	990

(iii) Any employees of the Office of the Legislative	991
Inspector General assigned to staff the committee;	992

(iv) Any other persons employed by or assigned to serve the	993
committee.	994

(c) The preparation of any documents necessary for the	995
operation of the committee by employees of the General Assembly	996
assigned to the committee chairperson, employees of the General	997
Assembly assigned to staff the committee, or employees of the	998
Office of the Legislative Inspector General who assist the Office	999
of the Legislative Inspector General employee assigned to staff	1000
the committee, except that any confidentiality requirements of	1001
this section applicable to the members of the committee shall	1002
apply to the employees of the General Assembly, committee, or	1003
Office of the Legislative Inspector General who prepare those	1004
documents.	1005

(K) If a complaint filed with the committee alleges a	1006
violation by a member of the committee, the member against whom	1007
the allegation is made shall not vote on the matter. The committee	1008
shall conduct no business concerning complaints unless a majority	1009
of its members are present.	1010

(L) The committee shall deliver all notices and other	1011
documents by certified mail, return receipt requested, or by	1012
personal service.	1013

(M) Within fourteen days after the final disposition of a	1014
complaint, either by dismissal or by referral to the appropriate	1015
prosecuting authority, the committee shall notify the complainant	1016
of the dismissal or referral by certified mail, return receipt	1017
requested, or by personal service.	1018

SECTION 14. AMENDMENTS TO THE ETHICS CODE

1019

The Joint Legislative Ethics Committee may recommend	1020
amendments to this Code of Ethics at any time by proposing to the	1021
General Assembly a concurrent resolution containing the desired	1022
amendments.	1023

SECTION 15. DISTRIBUTION OF ETHICS CODE

1024

Each member and employee of the General Assembly and each	1025
employee of any legislative agency shall be given a copy of this	1026
Code of Ethics within ten days after its adoption.	1027

SECTION 16. APPLICATION TO 129th130th GENERAL ASSEMBLY

1028

The Code of Ethics for the 128th129th General Assembly shall	1029
be effective until the 129th130th General Assembly adopts the	1030
Code of Ethics for the 129th130th General Assembly.	1031