| Section 1. That sections 101.15, 101.301, 101.34, 101.70, | 8 |
|
101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 101.92, 101.93, | 9 |
|
101.94, 101.95, 101.98, 102.01, 102.02, 102.021, 102.03, 102.031, | 10 |
|
102.06, 102.07, 102.99, 109.54, 121.60, 121.62, 121.63, 121.64, | 11 |
|
121.65, 121.68, and 4503.033 of the Revised Code be amended to | 12 |
|
read as follows: | 13 |
| (B) Except as otherwise provided in division (F) of this | 23 |
|
section, all meetings of any committee are declared to be public | 24 |
|
meetings open to the public at all times. The secretary assigned | 25 |
|
to the chairperson of the committee shall prepare, file, and | 26 |
|
maintain the minutes of every regular or special meeting of a | 27 |
|
committee. The committee, at its next regular or special meeting, | 28 |
|
shall approve the minutes prepared, filed, and maintained by the | 29 |
|
secretary, or, if the minutes prepared, filed, and maintained by | 30 |
|
the secretary require correction before their approval, the | 31 |
|
committee shall correct and approve the minutes at the next | 32 |
|
following regular or special meeting. The committee shall make the | 33 |
|
minutes available for public inspection not later than seven days | 34 |
|
after the meeting the minutes reflect or not later than the | 35 |
|
committee's next regular or special meeting, whichever occurs | 36 |
|
first. | 37 |
| Sec. 101.34. (A) There is hereby created a joint legislative | 145 |
|
ethics committee to serve the general assembly. The committee | 146 |
|
shall be composed of twelve members, six each from the two major | 147 |
|
political parties, and each member shall serve on the committee | 148 |
|
during the member's term as a member of that general assembly. Six | 149 |
|
members of the committee shall be members of the house of | 150 |
|
representatives appointed by the speaker of the house of | 151 |
|
representatives, not more than three from the same political | 152 |
|
party, and six members of the committee shall be members of the | 153 |
|
senate appointed by the president of the senate, not more than | 154 |
|
three from the same political party. A vacancy in the committee | 155 |
|
shall be filled for the unexpired term in the same manner as an | 156 |
|
original appointment. The members of the committee shall be | 157 |
|
appointed within fifteen days after the first day of the first | 158 |
|
regular session of each general assembly and the committee shall | 159 |
|
meet and proceed to recommend an ethics code not later than thirty | 160 |
|
days after the first day of the first regular session of each | 161 |
|
general assembly. | 162 |
| In the first regular session of each general assembly, the | 163 |
|
speaker of the house of representatives shall appoint the | 164 |
|
chairperson of the committee from among the house members of the | 165 |
|
committee, and the president of the senate shall appoint the | 166 |
|
vice-chairperson of the committee from among the senate members of | 167 |
|
the committee. In the second regular session of each general | 168 |
|
assembly, the president of the senate shall appoint the | 169 |
|
chairperson of the committee from among the senate members of the | 170 |
|
committee, and the speaker of the house of representatives shall | 171 |
|
appoint the vice-chairperson of the committee from among the house | 172 |
|
members of the committee. The chairperson, vice-chairperson, and | 173 |
|
members of the committee shall serve until their respective | 174 |
|
successors are appointed or until they are no longer members of | 175 |
|
the general assembly. | 176 |
| (A) "Person" means any individual, partnership, trust, | 278 |
|
estate, business trust, association, or corporation; any labor | 279 |
|
organization or manufacturer association; any department, | 280 |
|
commission, board, publicly supported college or university, | 281 |
|
division, institution, bureau, or other instrumentality of the | 282 |
|
state; or any county, township, municipal corporation, school | 283 |
|
district, or other political subdivision of the state. "Person" | 284 |
|
includes the Ohio casino control commission, a member of the | 285 |
|
commission, the executive director of the commission, an employee | 286 |
|
of the commission, and an agent of the commission. | 287 |
| "Expenditure" does not include a contribution, gift, or grant to a | 311 |
|
foundation or other charitable organization that is exempt from | 312 |
|
federal income taxation under subsection 501(c)(3) of the Internal | 313 |
|
Revenue Code. "Expenditure" does not include the purchase, sale, | 314 |
|
or gift of services or any other thing of value that is available | 315 |
|
to the general public on the same terms as it is available to the | 316 |
|
persons listed in this division, or an offer or sale of securities | 317 |
|
to any person listed in this division that is governed by | 318 |
|
regulation D, 17 C.F.R. 230.501 to 230.508, adopted under the | 319 |
|
authority of the "Securities Act of 1933," 48 Stat. 74, 15 | 320 |
|
U.S.C.A. and following, or that is governed by a comparable | 321 |
|
provision under state law. | 322 |
|
|
| (E) "Actively advocate" means to promote, advocate, or oppose | 323 |
|
the passage, modification, defeat, or executive approval or veto | 324 |
of any legislation by direct communication with any member of the | 325 |
general assembly, any member of the controlling board, the | 326 |
governor, the director of any department listed in section 121.02 | 327 |
of the Revised Code, or any member of the staff of any public | 328 |
officer or employee listed in this divisionofficial. "Actively | 329 |
|
advocate" does not include the action of any person not engaged by | 330 |
|
an employer who has a direct interest in legislation if the | 331 |
|
person, acting under Section 3 of Article I, Ohio Constitution, | 332 |
|
assembles together with other persons to consult for their common | 333 |
good, instructs a public officer or employee who is listed in this | 334 |
divisionofficial, or petitions that public officer or employee | 335 |
| official for the redress of grievances. | 336 |
| (F) "Legislative agent" means any individual, except a member | 337 |
|
of the general assembly, a member of the staff of the general | 338 |
|
assembly, the governor, lieutenant governor, attorney general, | 339 |
secretary of state, treasurer of state, or auditor of state, who | 340 |
is engaged during at least a portion of the individual's time to | 341 |
actively advocate as one of the individual's main purposeswhose | 342 |
|
direct communication with any public official for the purpose of | 343 |
|
actively advocating constitutes at least five per cent of the | 344 |
|
total performance time for which the individual is compensated by | 345 |
a specific employer. An individual engaged by the Ohio casino | 346 |
control commission, a member of the commission, the executive | 347 |
director of the commission, or an employee or agent of the | 348 |
commission to actively advocate is a "legislative agent" even if | 349 |
the individual does not during at least a portion of the | 350 |
individual's time actively advocate as one of the individual's | 351 |
main purposes. | 352 |
| (B) In addition to the initial registration statement | 407 |
|
required by division (A) of this section, each legislative agent | 408 |
|
and employer shall file with the joint committee, not later than | 409 |
|
the last day of January, May, and September of each year, an | 410 |
|
updated registration statement that confirms the continuing | 411 |
|
existence of each engagement described in an initial registration | 412 |
|
statement and that lists the specific bills or resolutions on | 413 |
|
which the agent actively advocated under that engagement during | 414 |
|
the period covered by the updated statement, and with it any | 415 |
|
statement of expenditures required to be filed by section 101.73 | 416 |
|
of the Revised Code and any details of financial transactions | 417 |
|
required to be filed by section 101.74 of the Revised Code. | 418 |
| (G) The executive director of the joint committee shall be | 457 |
|
responsible for reviewing each registration statement filed with | 458 |
|
the joint committee under this section and for determining whether | 459 |
|
the statement contains all of the information required by this | 460 |
|
section. If the joint committee determines that the registration | 461 |
|
statement does not contain all of the required information or that | 462 |
|
a legislative agent or employer has failed to file a registration | 463 |
|
statement, the joint committee shall send written notification by | 464 |
|
certified mail to the person who filed the registration statement | 465 |
|
regarding the deficiency in the statement or to the person who | 466 |
|
failed to file the registration statement regarding the failure. | 467 |
|
Any person so notified by the joint committee shall, not later | 468 |
|
than fifteen days after receiving the notice, file a registration | 469 |
|
statement or an amended registration statement that does contain | 470 |
|
all of the information required by this section. If any person who | 471 |
|
receives a notice under this division fails to file a registration | 472 |
|
statement or such an amended registration statement within this | 473 |
|
fifteen-day period, the joint committee shall assess a late filing | 474 |
|
fee equal to twelve dollars and fifty cents per day, up to a | 475 |
|
maximum of one hundred dollars, upon that person. The joint | 476 |
|
committee may waive the late filing fee for good cause shown. | 477 |
(2) If, during a reporting period covered by a statement, an | 496 |
employer or any legislative agent the employer engaged made, | 497 |
either separately or in combination with each other, either | 498 |
directly or indirectly, expenditures to,that, when added to the | 499 |
|
amount of previous expenditures made by that employer or | 500 |
|
legislative agent during the same calendar year, exceed a total of | 501 |
|
one hundred dollars at the request of, for the benefit of, or on | 502 |
behalf of any particular member of the general assembly, any | 503 |
particular member of the controlling board, the governor, the | 504 |
director of a department created under section 121.02 of the | 505 |
Revised Code, or any particular member of the staff of any of the | 506 |
public officers or employees listed in division (B)(2) of this | 507 |
sectionofficial, then the employer or legislative agent shall | 508 |
also state all of the following regarding those expenditures: | 509 |
(3) If, during a reporting period covered by a statement, a | 522 |
legislative agent made expenditures as payment for meals and other | 523 |
food and beverages, other than for meals and other food and | 524 |
beverages provided to a member of the general assembly at a | 525 |
meeting at which the member participated in a panel, seminar, or | 526 |
speaking engagement or provided to a member of the general | 527 |
assembly at a meeting or convention of a national organization to | 528 |
which any state agency, including, but not limited to, any | 529 |
legislative agency or state institution of higher education as | 530 |
defined in section 3345.011 of the Revised Code, pays membership | 531 |
dues, that, when added to the amount of previous payments made for | 532 |
meals and other food and beverages by that legislative agent | 533 |
during that same calendar year, exceeded a total of fifty dollars | 534 |
to, at the request of, for the benefit of, or on behalf of any | 535 |
particular member of the general assembly, any particular member | 536 |
of the controlling board, the governor, the director of a | 537 |
department created under section 121.02 of the Revised Code, or | 538 |
any particular member of the staff of any of the public officers | 539 |
or employees listed in division (B)(3) of this section, then the | 540 |
legislative agent shall also state all of the following regarding | 541 |
those expenditures: | 542 |
(2) If, during a reporting period covered by an expenditure | 627 |
statement filed under division (B)(2) of this section, an employer | 628 |
or any legislative agent the employer engaged made, either | 629 |
separately or in combination with each other, either directly or | 630 |
indirectly, expenditures for transportation, lodging, or food and | 631 |
beverages purchased for consumption on the premises in which the | 632 |
food and beverages were sold to, at the request of, for the | 633 |
benefit of, or on behalf of any of the public officers or | 634 |
employees described in division (B)(2) of this section, the | 635 |
employer or legislative agent shall deliver to the public officer | 636 |
or employee a statement that contains all of the nondisputed | 637 |
information prescribed in division (B)(2)(a) through (e) of this | 638 |
section with respect to the expenditures described in division | 639 |
(F)(2) of this section. The statement of expenditures made under | 640 |
division (F)(2) of this section shall be delivered to the public | 641 |
officer or employee to whom, at whose request, for whose benefit, | 642 |
or on whose behalf those expenditures were made on the same day in | 643 |
which a copy of the expenditure statement or of a portion showing | 644 |
the expenditure is delivered to the public officer or employee | 645 |
under division (F)(1) of this section. An employer is not required | 646 |
to show any expenditure on a statement delivered under division | 647 |
(F)(2) of this section if the expenditure is shown on a statement | 648 |
delivered under division (F)(2) of this section by a legislative | 649 |
agent engaged by the employer. | 650 |
| Sec. 101.74. (A) Any legislative agent who has had any | 654 |
financial transaction with or for the benefit of any member of the | 655 |
general assembly, any member of the controlling board, the | 656 |
governor, the director of a department created under section | 657 |
121.02 of the Revised Code, or any member of the staff of any | 658 |
public officer or employee listed in this divisionofficial shall | 659 |
|
describe the details of the transaction, including the name of the | 660 |
public
officer or employeeofficial, the purpose and nature of | 661 |
|
the transaction, and the date it was made or entered into, in a | 662 |
|
statement filed with the joint legislative ethics committee with | 663 |
|
the updated registration statement required by division (B) of | 664 |
|
section 101.72 of the Revised Code. The statement shall be filed | 665 |
|
at the times specified in section 101.72 of the Revised Code. Each | 666 |
|
statement shall describe each financial transaction that occurred | 667 |
|
during the four-calendar-month period that ended on the last day | 668 |
|
of the month immediately preceding the month in which the | 669 |
|
statement is required to be filed. | 670 |
| (B) Except as provided in division (D) of this section, any | 671 |
|
employer who has had any financial transaction with or for the | 672 |
benefit of any member of the general assembly, any member of the | 673 |
controlling board, the governor, the director of a department | 674 |
created under section 121.02 of the Revised Code, or any member of | 675 |
the staff of any public officer or employee listed in this | 676 |
divisionofficial shall describe the details of the transaction, | 677 |
including the name of the public officer or employeeofficial, the | 678 |
|
purpose and nature of the transaction, and the date it was made or | 679 |
|
entered into, in a statement filed with the joint committee with | 680 |
|
the updated registration statement required by division (B) of | 681 |
|
section 101.72 of the Revised Code. The statement shall be filed | 682 |
|
at the times specified in section 101.72 of the Revised Code. Each | 683 |
|
statement shall describe each financial transaction that occurred | 684 |
|
during the four-calendar-month period that ended on the last day | 685 |
|
of the month immediately preceding the month in which the | 686 |
|
statement is required to be filed. | 687 |
| The complaint shall be filed at least three days prior to the | 710 |
|
time the statement is required to be filed with the joint | 711 |
legislative ethics committee. The time for filing a disputed | 712 |
expenditure or financial transaction in any statement of | 713 |
|
expenditures or the details of a financial transaction that | 714 |
|
contains a disputed expenditure or financial transaction shall be | 715 |
extended pending the final decision of the joint committee. This | 716 |
extension does not extend the time for filing the nondisputed | 717 |
portions of an expenditure statement or of the details of a | 718 |
financial transaction. The joint committee shall notify the | 719 |
|
parties of its final decision by certified mail. If the committee | 720 |
|
decides that the disputed expenditure or financial transaction | 721 |
|
should be reported, the employer or legislative agent shall | 722 |
include the matter in an amendedthe statement and. The employer | 723 |
or legislative agent shall file the amended statement not later | 724 |
|
than ten days after the employer or agent receives notice of the | 725 |
|
decision of the committee by certified mail. | 726 |
| (3) The purchase, sale, or gift of services or any other | 783 |
|
thing of value. "Expenditure" does not include a contribution, | 784 |
|
gift, or grant to a foundation or other charitable organization | 785 |
|
that is exempt from federal income taxation under subsection | 786 |
|
501(c)(3) of the Internal Revenue Code. "Expenditure" does not | 787 |
|
include the purchase, sale, or gift of services or any other thing | 788 |
|
of value that is available to the general public on the same terms | 789 |
|
as it is available to the persons listed in this division, or an | 790 |
|
offer or sale of securities to any person listed in this division | 791 |
that is governed by regulation D, 17 C.F.R. 2301.501230.501 to | 792 |
2301.508230.508, adopted under the authority of the "Securities | 793 |
|
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is | 794 |
|
governed by a comparable provision under state law. | 795 |
| (B) In addition to the initial registration statement | 898 |
|
required by division (A) of this section, each retirement system | 899 |
|
lobbyist and employer shall file with the joint committee, not | 900 |
|
later than the last day of January, May, and September of each | 901 |
|
year, an updated registration statement that confirms the | 902 |
|
continuing existence of each engagement described in an initial | 903 |
|
registration statement and that lists the specific retirement | 904 |
|
system decisions that the lobbyist sought to influence under the | 905 |
|
engagement during the period covered by the updated statement, and | 906 |
|
with it any statement of expenditures required to be filed by | 907 |
|
section 101.93 of the Revised Code and any details of financial | 908 |
|
transactions required to be filed by section 101.94 of the Revised | 909 |
|
Code. | 910 |
| (G) The executive director of the joint committee shall be | 941 |
|
responsible for reviewing each registration statement filed with | 942 |
|
the joint committee under this section and for determining whether | 943 |
|
the statement contains all of the required information. If the | 944 |
|
joint committee determines that the registration statement does | 945 |
|
not contain all of the required information or that a retirement | 946 |
|
system lobbyist or employer has failed to file a registration | 947 |
|
statement, the joint committee shall send written notification by | 948 |
|
certified mail to the person who filed the registration statement | 949 |
|
regarding the deficiency in the statement or to the person who | 950 |
|
failed to file the registration statement regarding the failure. | 951 |
|
Any person so notified by the joint committee shall, not later | 952 |
|
than fifteen days after receiving the notice, file a registration | 953 |
|
statement or an amended registration statement that contains all | 954 |
|
of the required information. If any person who receives a notice | 955 |
|
under this division fails to file a registration statement or such | 956 |
|
an amended registration statement within this fifteen-day period, | 957 |
|
the joint committee shall assess a late filing fee equal to twelve | 958 |
|
dollars and fifty cents per day, up to a maximum fee of one | 959 |
|
hundred dollars, upon that person. The joint committee may waive | 960 |
|
the late filing fee for good cause shown. | 961 |
(2) If, during a reporting period covered by a statement, an | 992 |
|
employer or any retirement system lobbyist the employer engaged | 993 |
made, either separately or in combination with each other, | 994 |
expenditures to,that, when added to the amount of previous | 995 |
|
expenditures made by that employer or retirement system lobbyist | 996 |
|
during the same calendar year, exceed a total of one hundred | 997 |
|
dollars at the request of, for the benefit of, or on behalf of a | 998 |
|
member of a board of a state retirement system, a state retirement | 999 |
|
system investment official, or an employee of a state retirement | 1000 |
|
system whose position involves substantial and material exercise | 1001 |
|
of discretion in the investment of retirement system funds the | 1002 |
employer or retirement system lobbyist also shall state the name | 1003 |
|
of the member, official, or employee to whom, at whose request, | 1004 |
|
for whose benefit, or on whose behalf the expenditures were made, | 1005 |
|
the total amount of the expenditures made, a brief description of | 1006 |
|
the expenditures made, the approximate date the expenditures were | 1007 |
|
made, the retirement system decision, if any, sought to be | 1008 |
|
influenced, and the identity of the client on whose behalf the | 1009 |
|
expenditure was made. | 1010 |
(3) If, during a reporting period covered by a statement, a | 1014 |
retirement system lobbyist made expenditures as payment for meals | 1015 |
and other food and beverages, that, when added to the amount of | 1016 |
previous payments made for meals and other food and beverages by | 1017 |
that retirement system lobbyist during that same calendar year, | 1018 |
exceeded a total of fifty dollars to, at the request of, for the | 1019 |
benefit of, or on behalf of a member of a board of a state | 1020 |
retirement system, a state retirement system investment official, | 1021 |
or an employee of a state retirement system whose position | 1022 |
involves substantial and material exercise of discretion in the | 1023 |
investment of retirement system funds, the retirement system | 1024 |
lobbyist shall also state regarding those expenditures the name of | 1025 |
the member, official, or employee to whom, at whose request, for | 1026 |
whose benefit, or on whose behalf the expenditures were made, the | 1027 |
total amount of the expenditures made, a brief description of the | 1028 |
expenditures made, the approximate date the expenditures were | 1029 |
made, the retirement system decision, if any, sought to be | 1030 |
influenced, and the identity of the client on whose behalf the | 1031 |
expenditure was made. | 1032 |
(C) In addition to the information required by divisions | 1033 |
division (B)(2) and (3) of this section, a statement filed by an | 1034 |
employer shall show the total amount of expenditures made by the | 1035 |
|
employer or retirement system lobbyist filing the statement during | 1036 |
the period covered by the statement.
As used in this section, | 1037 |
"expenditures" does not include the expenses of maintaining office | 1038 |
facilities, or the compensation paid to retirement system | 1039 |
lobbyists engaged to influence retirement system decisions or | 1040 |
conduct retirement system lobbying activityA statement filed by a | 1041 |
|
retirement system lobbyist shall show all retirement system | 1042 |
|
decisions the retirement system lobbyist has been engaged to | 1043 |
|
influence on behalf of the employer during the period covered by | 1044 |
|
the statement. A statement filed by an employer shall show all | 1045 |
|
retirement system decisions the employer has engaged the | 1046 |
|
retirement system lobbyist to influence during the period covered | 1047 |
|
by the statement. | 1048 |
(2) If, during a reporting period covered by an expenditure | 1082 |
statement filed under division (B)(2) of this section, an employer | 1083 |
or any retirement system lobbyist the employer engaged made, | 1084 |
either separately or in combination with each other, either | 1085 |
directly or indirectly, expenditures for food and beverages | 1086 |
purchased for consumption on the premises in which the food and | 1087 |
beverages were sold to, at the request of, for the benefit or, or | 1088 |
on behalf of any of the members, officials, or employees described | 1089 |
in division (B)(2) of this section, the employer or retirement | 1090 |
system lobbyist shall deliver to the member, official, or employee | 1091 |
a statement that contains all of the nondisputed information | 1092 |
prescribed in division (B)(2) of this section with respect to the | 1093 |
expenditures described in division (G)(2) of this section. The | 1094 |
statement of expenditures made under division (G)(2) of this | 1095 |
section shall be delivered to the member, official, or employee to | 1096 |
whom, at whose request, for whose benefit, or on whose behalf | 1097 |
those expenditures were made on the same day in which a copy of | 1098 |
the expenditure statement or of a portion showing the expenditure | 1099 |
is delivered to the member, official, or employee under division | 1100 |
(G)(1) of this section. An employer is not required to show any | 1101 |
expenditure on a statement delivered under division (G)(2) of this | 1102 |
section if the expenditure is shown on a statement delivered under | 1103 |
division (G)(2) of this section by a retirement system lobbyist | 1104 |
engaged by the employer. | 1105 |
| Sec. 101.94. (A) Each retirement system lobbyist who has had | 1111 |
|
any financial transaction with or for the benefit of a member of a | 1112 |
|
board of a state retirement system, a state retirement system | 1113 |
|
investment official, or an employee of a state retirement system | 1114 |
|
whose position involves substantial and material exercise of | 1115 |
|
discretion in the investment of retirement system funds shall | 1116 |
|
describe the details of the transaction, including the name of the | 1117 |
|
member, official, or employee, the purpose and nature of the | 1118 |
|
transaction, and the date it was made or entered into, in a | 1119 |
|
statement filed with the joint legislative ethics committee with | 1120 |
|
the updated registration statement required by division (B) of | 1121 |
|
section 101.92 of the Revised Code. The statements shall be filed | 1122 |
|
at the times specified in section 101.92 of the Revised Code. Each | 1123 |
|
statement shall describe each financial transaction that occurred | 1124 |
|
during the four-calendar-month period that ended on the last day | 1125 |
|
of the month immediately preceding the month in which the | 1126 |
|
statement is required to be filed. | 1127 |
| (B) Except as provided in division (D) of this section, each | 1128 |
|
employer who has had any financial transaction with or for the | 1129 |
|
benefit of a member of a board of a state retirement system, a | 1130 |
|
state retirement system investment official, or an employee of a | 1131 |
|
state retirement system whose position involves substantial and | 1132 |
|
material exercise of discretion in the investment of retirement | 1133 |
|
system funds shall describe the details of the transaction, | 1134 |
|
including the name of the member, official, or employee, the | 1135 |
|
purpose and nature of the transaction, and the date it was made or | 1136 |
|
entered into, in a statement filed with the joint committee with | 1137 |
|
the updated registration statement required by division (B) of | 1138 |
|
section 101.92 of the Revised Code. The statement shall be filed | 1139 |
|
at the times specified in section 101.92 of the Revised Code. Each | 1140 |
|
statement shall describe each financial transaction that occurred | 1141 |
|
during the four-calendar-month period that ended on the last day | 1142 |
|
of the month immediately preceding the month in which the | 1143 |
|
statement is required to be filed. | 1144 |
| Sec. 101.95. If a dispute arises between a member of a board | 1157 |
|
of a state retirement system, a state retirement system investment | 1158 |
|
official, or an employee of a state retirement system whose | 1159 |
|
position involves substantial and material exercise of discretion | 1160 |
|
in the investment of retirement system funds and an employer or | 1161 |
|
retirement system lobbyist with respect to an expenditure or | 1162 |
|
financial transaction alleged in a statement to be filed under | 1163 |
|
section 101.93 or 101.94 of the Revised Code, the member, | 1164 |
|
official, or employee, employer, or retirement system lobbyist may | 1165 |
|
file a complaint with the Ohio ethics commission. The commission | 1166 |
|
shall proceed to investigate the complaint as though it were filed | 1167 |
|
under section 102.06 of the Revised Code. | 1168 |
| The complaint shall be filed at least three days prior to the | 1169 |
|
time the statement is required to be filed with the joint | 1170 |
legislative ethics committee. The time for filing a disputed | 1171 |
expenditure or financial transaction in any statement of | 1172 |
|
expenditures or the details of a financial transaction that | 1173 |
|
contains a disputed expenditure or financial transaction shall be | 1174 |
extended pending the final decision of the commission. This | 1175 |
extension does not extend the time for filing the nondisputed | 1176 |
portions of either type of statement. The commission shall notify | 1177 |
|
the parties of its final decision by certified mail. If the | 1178 |
|
commission decides that the disputed expenditure or financial | 1179 |
|
transaction should be reported, the employer or retirement system | 1180 |
lobbyist shall include the matter in an amendedthe statement and. | 1181 |
The employer or retirement system lobbyist shall file the amended | 1182 |
|
statement not later than ten days after receiving notice of the | 1183 |
|
decision of the commission by certified mail. | 1184 |
| (C) "Public agency" means the general assembly, all courts, | 1241 |
|
any department, division, institution, board, commission, | 1242 |
|
authority, bureau or other instrumentality of the state, a county, | 1243 |
|
city, village, or township, the five state retirement systems, or | 1244 |
|
any other governmental entity. "Public agency" does not include a | 1245 |
|
department, division, institution, board, commission, authority, | 1246 |
|
or other instrumentality of the state or a county, municipal | 1247 |
|
corporation, township, or other governmental entity that functions | 1248 |
|
exclusively for cultural, educational, historical, humanitarian, | 1249 |
|
advisory, or research purposes; that does not expend more than ten | 1250 |
|
thousand dollars per calendar year, excluding salaries and wages | 1251 |
|
of employees; and whose members are uncompensated. "Public agency" | 1252 |
|
does not include the nonprofit corporation formed under section | 1253 |
|
187.01 of the Revised Code. | 1254 |
| (H) "Honorarium" means any payment made in consideration for | 1281 |
|
any speech given, article published, or attendance at any public | 1282 |
|
or private conference, convention, meeting, social event, meal, or | 1283 |
|
similar gathering. "Honorarium" does not include ceremonial gifts | 1284 |
|
or awards that have insignificant monetary value; unsolicited | 1285 |
|
gifts of nominal value or trivial items of informational value; or | 1286 |
|
earned income from any person, other than a legislative agent, for | 1287 |
|
personal services that are customarily provided in connection with | 1288 |
|
the practice of a bona fide business, if that business initially | 1289 |
|
began before the public official or employee conducting that | 1290 |
|
business was elected or appointed to the public official's or | 1291 |
|
employee's office or position of employment. | 1292 |
| Sec. 102.02. (A) Except as otherwise provided in division | 1306 |
|
(H) of this section, all of the following shall file with the | 1307 |
|
appropriate ethics commission the disclosure statement described | 1308 |
|
in this division on a form prescribed by the appropriate | 1309 |
|
commission: every person who is elected to or is a candidate for a | 1310 |
|
state, county, or city office and every person who is appointed to | 1311 |
|
fill a vacancy for an unexpired term in such an elective office; | 1312 |
|
all members of the state board of education; the director, | 1313 |
|
assistant directors, deputy directors, division chiefs, or persons | 1314 |
|
of equivalent rank of any administrative department of the state; | 1315 |
|
the president or other chief administrative officer of every state | 1316 |
|
institution of higher education as defined in section 3345.011 of | 1317 |
|
the Revised Code; the executive director and the members of the | 1318 |
|
capitol square review and advisory board appointed or employed | 1319 |
|
pursuant to section 105.41 of the Revised Code; all members of the | 1320 |
|
Ohio casino control commission, the executive director of the | 1321 |
|
commission, all professional employees of the commission, and all | 1322 |
|
technical employees of the commission who perform an internal | 1323 |
|
audit function; the individuals set forth in division (B)(2) of | 1324 |
|
section 187.03 of the Revised Code; the chief executive officer | 1325 |
|
and the members of the board of each state retirement system; each | 1326 |
|
employee of a state retirement board who is a state retirement | 1327 |
|
system investment officer licensed pursuant to section 1707.163 of | 1328 |
|
the Revised Code; the members of the Ohio retirement study council | 1329 |
|
appointed pursuant to division (C) of section 171.01 of the | 1330 |
|
Revised Code; employees of the Ohio retirement study council, | 1331 |
|
other than employees who perform purely administrative or clerical | 1332 |
|
functions; the administrator of workers' compensation and each | 1333 |
|
member of the bureau of workers' compensation board of directors; | 1334 |
|
the bureau of workers' compensation director of investments; the | 1335 |
|
chief investment officer of the bureau of workers' compensation; | 1336 |
|
all members of the board of commissioners on grievances and | 1337 |
|
discipline of the supreme court and the ethics commission created | 1338 |
|
under section 102.05 of the Revised Code; every business manager, | 1339 |
|
treasurer, or superintendent of a city, local, exempted village, | 1340 |
|
joint vocational, or cooperative education school district or an | 1341 |
|
educational service center; every person who is elected to or is a | 1342 |
|
candidate for the office of member of a board of education of a | 1343 |
|
city, local, exempted village, joint vocational, or cooperative | 1344 |
|
education school district or of a governing board of an | 1345 |
|
educational service center that has a total student count of | 1346 |
|
twelve thousand or more as most recently determined by the | 1347 |
|
department of education pursuant to section 3317.03 of the Revised | 1348 |
|
Code; every person who is appointed to the board of education of a | 1349 |
|
municipal school district pursuant to division (B) or (F) of | 1350 |
|
section 3311.71 of the Revised Code; all members of the board of | 1351 |
|
directors of a sanitary district that is established under Chapter | 1352 |
|
6115. of the Revised Code and organized wholly for the purpose of | 1353 |
|
providing a water supply for domestic, municipal, and public use, | 1354 |
|
and that includes two municipal corporations in two counties; | 1355 |
|
every public official or employee who is paid a salary or wage in | 1356 |
|
accordance with schedule C of section 124.15 or schedule E-2 of | 1357 |
|
section 124.152 of the Revised Code; members of the board of | 1358 |
|
trustees and the executive director of the southern Ohio | 1359 |
|
agricultural and community development foundation; all members | 1360 |
|
appointed to the Ohio livestock care standards board under section | 1361 |
|
904.02 of the Revised Code; and every other public official or | 1362 |
|
employee who is designated by the appropriate ethics commission | 1363 |
|
pursuant to division (B) of this section. | 1364 |
(2)(a) Subject to divisions (A)(2)(b) and, (c), and (d) of | 1374 |
|
this section and except as otherwise provided in section 102.022 | 1375 |
|
of the Revised Code, identification of every source of income, | 1376 |
|
other than income from a legislative agent identified in division | 1377 |
|
(A)(2)(b) of this section or income derived by and received in the | 1378 |
|
name of the spouse of the person filing the statement that is not | 1379 |
|
clearly designated for the use and benefit of the person filing | 1380 |
|
the statement, received during the preceding calendar year, in the | 1381 |
|
person's own name or by any other person for the person's use or | 1382 |
|
benefit, by the person filing the statement, and a brief | 1383 |
|
description of the nature of the services for which the income was | 1384 |
|
received. If the person filing the statement is a member of the | 1385 |
|
general assembly, the statement shall identify the amount of every | 1386 |
|
source of income received in accordance with the following ranges | 1387 |
|
of amounts: zero or more, but less than one thousand dollars; one | 1388 |
|
thousand dollars or more, but less than ten thousand dollars; ten | 1389 |
|
thousand dollars or more, but less than twenty-five thousand | 1390 |
|
dollars; twenty-five thousand dollars or more, but less than fifty | 1391 |
|
thousand dollars; fifty thousand dollars or more, but less than | 1392 |
|
one hundred thousand dollars; and one hundred thousand dollars or | 1393 |
|
more. Division (A)(2)(a) of this section shall not be construed to | 1394 |
|
require a person filing the statement who derives income from a | 1395 |
|
business or profession to disclose the individual items of income | 1396 |
|
that constitute the gross income of that business or profession, | 1397 |
|
except for those individual items of income that are attributable | 1398 |
|
to the person's or, if the income is shared with the person, the | 1399 |
|
partner's, solicitation of services or goods or performance, | 1400 |
|
arrangement, or facilitation of services or provision of goods on | 1401 |
|
behalf of the business or profession of clients, including | 1402 |
|
corporate clients, who are legislative agents. A person who files | 1403 |
|
the statement under this section shall disclose the identity of | 1404 |
|
and the amount of income received from a person who the public | 1405 |
|
official or employee knows or has reason to know is doing or | 1406 |
|
seeking to do business of any kind with the public official's or | 1407 |
|
employee's agency. | 1408 |
| (b) If the person filing the statement is a member of the | 1409 |
|
general assembly, the statement shall identify every source of | 1410 |
|
income and the amount of that income that was received from a | 1411 |
|
legislative agent during the preceding calendar year, in the | 1412 |
|
person's own name or by any other person for the person's use or | 1413 |
|
benefit, by the person filing the statement, and a brief | 1414 |
|
description of the nature of the services for which the income was | 1415 |
|
received. Division (A)(2)(b) of this section requires the | 1416 |
|
disclosure of clients of attorneys or persons licensed under | 1417 |
|
section 4732.12 of the Revised Code, or patients of persons | 1418 |
|
certified under section 4731.14 of the Revised Code, if those | 1419 |
|
clients or patients are legislative agents. Division (A)(2)(b) of | 1420 |
|
this section requires a person filing the statement who derives | 1421 |
|
income from a business or profession to disclose those individual | 1422 |
|
items of income that constitute the gross income of that business | 1423 |
|
or profession that are received from legislative agents. | 1424 |
| (c) Except as otherwise provided in division (A)(2)(c) of | 1425 |
|
this section, division (A)(2)(a) of this section applies to | 1426 |
|
attorneys, physicians, and other persons who engage in the | 1427 |
|
practice of a profession and who, pursuant to a section of the | 1428 |
|
Revised Code, the common law of this state, a code of ethics | 1429 |
|
applicable to the profession, or otherwise, generally are required | 1430 |
|
not to reveal, disclose, or use confidences of clients, patients, | 1431 |
|
or other recipients of professional services except under | 1432 |
|
specified circumstances or generally are required to maintain | 1433 |
|
those types of confidences as privileged communications except | 1434 |
|
under specified circumstances. Division (A)(2)(a) of this section | 1435 |
|
does not require an attorney, physician, or other professional | 1436 |
|
subject to a confidentiality requirement as described in division | 1437 |
|
(A)(2)(c) of this section to disclose the name, other identity, or | 1438 |
|
address of a client, patient, or other recipient of professional | 1439 |
|
services if the disclosure would threaten the client, patient, or | 1440 |
|
other recipient of professional services, would reveal details of | 1441 |
|
the subject matter for which legal, medical, or professional | 1442 |
|
advice or other services were sought, or would reveal an otherwise | 1443 |
|
privileged communication involving the client, patient, or other | 1444 |
|
recipient of professional services. Division (A)(2)(a) of this | 1445 |
|
section does not require an attorney, physician, or other | 1446 |
|
professional subject to a confidentiality requirement as described | 1447 |
|
in division (A)(2)(c) of this section to disclose in the brief | 1448 |
|
description of the nature of services required by division | 1449 |
|
(A)(2)(a) of this section any information pertaining to specific | 1450 |
|
professional services rendered for a client, patient, or other | 1451 |
|
recipient of professional services that would reveal details of | 1452 |
|
the subject matter for which legal, medical, or professional | 1453 |
|
advice was sought or would reveal an otherwise privileged | 1454 |
|
communication involving the client, patient, or other recipient of | 1455 |
|
professional services. | 1456 |
| (3) The name of every corporation on file with the secretary | 1461 |
|
of state that is incorporated in this state or holds a certificate | 1462 |
|
of compliance authorizing it to do business in this state, trust, | 1463 |
|
business trust, partnership, or association that transacts | 1464 |
|
business in this state in which the person filing the statement or | 1465 |
|
any other person for the person's use and benefit had during the | 1466 |
|
preceding calendar year an investment of over one thousand dollars | 1467 |
|
at fair market value as of the thirty-first day of December of the | 1468 |
|
preceding calendar year, or the date of disposition, whichever is | 1469 |
|
earlier, or in which the person holds any office or has a | 1470 |
|
fiduciary relationship, and a description of the nature of the | 1471 |
|
investment, office, or relationship. Division (A)(3) of this | 1472 |
|
section does not require disclosure of the name of any bank, | 1473 |
|
savings and loan association, credit union, or building and loan | 1474 |
|
association with which the person filing the statement has a | 1475 |
|
deposit or a withdrawable share account. | 1476 |
| (5) The names of all persons residing or transacting business | 1482 |
in the state to whom the person filing the statement owesowed | 1483 |
|
during the preceding calendar year, in the person's own name or in | 1484 |
the name of any other person, more than
onefive thousand | 1485 |
|
dollars, if the debt was not paid in full within sixty days after | 1486 |
|
the debt was incurred. Division (A)(5) of this section shall not | 1487 |
|
be construed to require the disclosure of debts owed by the person | 1488 |
|
resulting from the ordinary conduct of a business or profession or | 1489 |
|
debts on the person's residence or real property used primarily | 1490 |
|
for personal recreation, except that the superintendent of | 1491 |
|
financial institutions shall disclose the names of all | 1492 |
|
state-chartered savings and loan associations and of all service | 1493 |
|
corporations subject to regulation under division (E)(2) of | 1494 |
|
section 1151.34 of the Revised Code to whom the superintendent in | 1495 |
|
the superintendent's own name or in the name of any other person | 1496 |
|
owes any money, and that the superintendent and any deputy | 1497 |
|
superintendent of banks shall disclose the names of all | 1498 |
|
state-chartered banks and all bank subsidiary corporations subject | 1499 |
|
to regulation under section 1109.44 of the Revised Code to whom | 1500 |
|
the superintendent or deputy superintendent owes any money. | 1501 |
| (6) The names of all persons residing or transacting business | 1502 |
|
in the state, other than a depository excluded under division | 1503 |
(A)(3) of this section, who oweowed during the preceding calendar | 1504 |
year more than onefive thousand dollars to the person filing the | 1505 |
|
statement, either in the person's own name or to any person for | 1506 |
|
the person's use or benefit, if the debt was not paid in full | 1507 |
|
within sixty days after the debt was incurred. Division (A)(6) of | 1508 |
|
this section shall not be construed to require the disclosure of | 1509 |
|
clients of attorneys or persons licensed under section 4732.12 or | 1510 |
|
4732.15 of the Revised Code, or patients of persons certified | 1511 |
|
under section 4731.14 of the Revised Code, nor the disclosure of | 1512 |
|
debts owed to the person resulting from the ordinary conduct of a | 1513 |
|
business or profession. | 1514 |
(7) Except as otherwise provided in section 102.022 of the | 1515 |
Revised Code, the source of each gift of over seventy-five | 1516 |
dollars, or of each gift of over twenty-five dollars received by a | 1517 |
member of the general assembly from a legislative agent, received | 1518 |
by the person in the person's own name or by any other person for | 1519 |
the person's use or benefit during the preceding calendar year, | 1520 |
except gifts received by will or by virtue of section 2105.06 of | 1521 |
the Revised Code, or received from spouses, parents, grandparents, | 1522 |
children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 1523 |
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 1524 |
fathers-in-law, mothers-in-law, or any person to whom the person | 1525 |
filing the statement stands in loco parentis, or received by way | 1526 |
of distribution from any inter vivos or testamentary trust | 1527 |
established by a spouse or by an ancestor; | 1528 |
(8) Except as otherwise provided in section 102.022 of the | 1529 |
|
Revised Code, identification of the source and amount of every | 1530 |
|
payment of expenses incurred for travel to destinations inside or | 1531 |
|
outside this state that is received by the person in the person's | 1532 |
|
own name or by any other person for the person's use or benefit | 1533 |
|
and that is incurred in connection with the person's official | 1534 |
|
duties, except for such expenses paid for or reimbursed by the | 1535 |
|
United States government or a state or local government located in | 1536 |
|
the United States and except for expenses for travel to meetings | 1537 |
|
or conventions of a national or state organization to which any | 1538 |
|
state agency, including, but not limited to, any legislative | 1539 |
|
agency or state institution of higher education as defined in | 1540 |
|
section 3345.011 of the Revised Code, pays membership dues, or any | 1541 |
|
political subdivision or any office or agency of a political | 1542 |
|
subdivision pays membership dues; | 1543 |
(9)(8)(a) Except as otherwise provided in division (A)(8)(d) | 1544 |
|
of this section and section 102.022 of the Revised Code, | 1545 |
identification of the source of payment of expenses for meals and | 1546 |
other food and beverages, other than for meals and other food and | 1547 |
beverages provided at a meeting at which the person participated | 1548 |
in a panel, seminar, or speaking engagement or at a meeting or | 1549 |
convention of a national or state organization to which any state | 1550 |
agency, including, but not limited to, any legislative agency or | 1551 |
state institution of higher education as defined in section | 1552 |
3345.011 of the Revised Code, pays membership dues, or any | 1553 |
political subdivision or any office or agency of a political | 1554 |
subdivision pays membership dues,any expenditures that are | 1555 |
incurredreceived in connection with the person's official duties | 1556 |
and that exceed one hundred dollars aggregated per calendar year; | 1557 |
| (ii) Gifts received by will or by virtue of section 2105.06 | 1592 |
|
of the Revised Code, or received from spouses, parents, | 1593 |
|
grandparents, children, grandchildren, siblings, nephews, nieces, | 1594 |
|
uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, | 1595 |
|
daughters-in-law, fathers-in-law, mothers-in-law, or any person to | 1596 |
|
whom the person filing the statement stands in loco parentis, or | 1597 |
|
received by way of distribution from any inter vivos or | 1598 |
|
testamentary trust established by a spouse or by an ancestor; | 1599 |
| A person may file a statement required by this section in | 1619 |
|
person or by mail. A person who is a candidate for elective office | 1620 |
|
shall file the statement no later than the thirtieth day before | 1621 |
|
the primary, special, or general election at which the candidacy | 1622 |
|
is to be voted on, whichever election occurs soonest, except that | 1623 |
|
a person who is a write-in candidate shall file the statement no | 1624 |
|
later than the twentieth day before the earliest election at which | 1625 |
|
the person's candidacy is to be voted on. A person who holds | 1626 |
|
elective office shall file the statement on or before the | 1627 |
|
fifteenth day of April of each year unless the person is a | 1628 |
|
candidate for office. A person who is appointed to fill a vacancy | 1629 |
|
for an unexpired term in an elective office shall file the | 1630 |
|
statement within fifteen days after the person qualifies for | 1631 |
|
office. Other persons shall file an annual statement on or before | 1632 |
|
the fifteenth day of April or, if appointed or employed after that | 1633 |
|
date, within ninety days after appointment or employment. No | 1634 |
|
person shall be required to file with the appropriate ethics | 1635 |
|
commission more than one statement or pay more than one filing fee | 1636 |
|
for any one calendar year. | 1637 |
| (B) The Ohio ethics commission, the joint legislative ethics | 1644 |
|
committee, and the board of commissioners on grievances and | 1645 |
|
discipline of the supreme court, using the rule-making procedures | 1646 |
|
of Chapter 119. of the Revised Code, may require any class of | 1647 |
|
public officials or employees under its jurisdiction and not | 1648 |
|
specifically excluded by this section whose positions involve a | 1649 |
|
substantial and material exercise of administrative discretion in | 1650 |
|
the formulation of public policy, expenditure of public funds, | 1651 |
|
enforcement of laws and rules of the state or a county or city, or | 1652 |
|
the execution of other public trusts, to file an annual statement | 1653 |
|
on or before the fifteenth day of April under division (A) of this | 1654 |
|
section. The appropriate ethics commission shall send the public | 1655 |
|
officials or employees written notice of the requirement by the | 1656 |
|
fifteenth day of February of each year the filing is required | 1657 |
|
unless the public official or employee is appointed after that | 1658 |
|
date, in which case the notice shall be sent within thirty days | 1659 |
|
after appointment, and the filing shall be made not later than | 1660 |
|
ninety days after appointment. | 1661 |
| Except for disclosure statements filed by members of the | 1662 |
|
board of trustees and the executive director of the southern Ohio | 1663 |
|
agricultural and community development foundation, disclosure | 1664 |
|
statements filed under this division or division (E) of this | 1665 |
|
section with the Ohio ethics commission by members of boards, | 1666 |
|
commissions, or bureaus of the state for which no compensation is | 1667 |
|
received other than reasonable and necessary expenses shall be | 1668 |
|
kept confidential. Disclosure statements filed with the Ohio | 1669 |
|
ethics commission under division (A) or (E) of this section by | 1670 |
|
business managers, treasurers, and superintendents of city, local, | 1671 |
|
exempted village, joint vocational, or cooperative education | 1672 |
|
school districts or educational service centers shall be kept | 1673 |
|
confidential, except that any person conducting an audit of any | 1674 |
|
such school district or educational service center pursuant to | 1675 |
|
section 115.56 or Chapter 117. of the Revised Code may examine the | 1676 |
|
disclosure statement of any business manager, treasurer, or | 1677 |
|
superintendent of that school district or educational service | 1678 |
|
center. Disclosure statements filed with the Ohio ethics | 1679 |
|
commission under division (A) or (E) of this section by the | 1680 |
|
individuals set forth in division (B)(2) of section 187.03 of the | 1681 |
|
Revised Code shall be kept confidential. The Ohio ethics | 1682 |
|
commission shall examine each disclosure statement required to be | 1683 |
|
kept confidential to determine whether a potential conflict of | 1684 |
|
interest exists for the person who filed the disclosure statement. | 1685 |
|
A potential conflict of interest exists if the private interests | 1686 |
|
of the person, as indicated by the person's disclosure statement, | 1687 |
|
might interfere with the public interests the person is required | 1688 |
|
to serve in the exercise of the person's authority and duties in | 1689 |
|
the person's office or position of employment. If the commission | 1690 |
|
determines that a potential conflict of interest exists, it shall | 1691 |
|
notify the person who filed the disclosure statement and shall | 1692 |
|
make the portions of the disclosure statement that indicate a | 1693 |
|
potential conflict of interest subject to public inspection in the | 1694 |
|
same manner as is provided for other disclosure statements. Any | 1695 |
|
portion of the disclosure statement that the commission determines | 1696 |
|
does not indicate a potential conflict of interest shall be kept | 1697 |
|
confidential by the commission and shall not be made subject to | 1698 |
|
public inspection, except as is necessary for the enforcement of | 1699 |
|
Chapters 102. and 2921. of the Revised Code and except as | 1700 |
|
otherwise provided in this division. | 1701 |
Sec. 102.021. (A)(1) For the twenty-four monthtwelve-month | 1811 |
|
period immediately following the end of the former state elected | 1812 |
|
officer's or staff member's service or public employment, except | 1813 |
|
as provided in division (B) or (D) of this section, each former | 1814 |
|
state elected officer or staff member who filed or was required to | 1815 |
|
file a disclosure statement under section 102.02 of the Revised | 1816 |
|
Code shall file, on or before the deadlines specified in division | 1817 |
|
(D) of this section, with the joint legislative ethics committee a | 1818 |
|
statement that shall include the information described in | 1819 |
|
divisions (A)(2), (3), (4), and (5) of this section, as | 1820 |
|
applicable. The statement shall be filed on a form and in the | 1821 |
|
manner specified by the joint legislative ethics committee. This | 1822 |
|
division does not apply to a state elected officer or staff member | 1823 |
|
who filed or was required to file a disclosure statement under | 1824 |
|
section 102.02 of the Revised Code, who leaves service or public | 1825 |
|
employment, and who takes another position as a state elected | 1826 |
|
officer or staff member who files or is required to file a | 1827 |
|
disclosure statement under that section. | 1828 |
| (4) If the former state elected officer or staff member | 1854 |
|
directly or indirectly made, either separately or in combination | 1855 |
|
with another, any expenditure or gift for transportation, lodging, | 1856 |
|
or food or beverages to, at the request of, for the benefit of, or | 1857 |
|
on behalf of any public officer or employee, and if the former | 1858 |
|
state elected officer or staff member would be required to report | 1859 |
|
the expenditure or gift in a statement under sections 101.70 to | 1860 |
|
101.79 or sections 121.60 to 121.69 of the Revised Code, whichever | 1861 |
|
is applicable, if the former state elected officer or staff member | 1862 |
|
was a legislative agent or executive agency lobbyist at the time | 1863 |
|
the expenditure or gift was made, the statement referred to in | 1864 |
|
division (A)(1) of this section shall include all information | 1865 |
|
relative to that gift or expenditure that would be required in a | 1866 |
|
statement under sections 101.70 to 101.79 or sections 121.60 to | 1867 |
|
121.69 of the Revised Code if the former state elected officer or | 1868 |
|
staff member was a legislative agent or executive agency lobbyist | 1869 |
|
at the time the expenditure or gift was made. | 1870 |
(B) If, at any time during the twenty-four monthtwelve-month | 1875 |
|
period immediately following the end of the former state elected | 1876 |
|
officer's or staff member's service or public employment, a former | 1877 |
|
state elected officer or staff member who filed or was required to | 1878 |
|
file a disclosure statement under section 102.02 of the Revised | 1879 |
|
Code becomes a legislative agent or an executive agency lobbyist, | 1880 |
|
the former state elected officer or staff member shall comply with | 1881 |
|
all registration and filing requirements set forth in sections | 1882 |
|
101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code, | 1883 |
|
whichever is applicable, and, the former state elected officer or | 1884 |
|
staff member also shall file a statement under division (A)(1) of | 1885 |
|
this section except that the statement filed under division (A)(1) | 1886 |
|
of this section does not need to include information regarding any | 1887 |
|
income source, expenditure, or gift to the extent that that | 1888 |
|
information was included in any registration or statement filed | 1889 |
|
under sections 101.70 to 101.79 or sections 121.60 to 121.69 of | 1890 |
|
the Revised Code. | 1891 |
| (C) Except as otherwise provided in this division, division | 1892 |
|
(A)(2) of this section applies to attorneys, physicians, and other | 1893 |
|
persons who engage in the practice of a profession and who, | 1894 |
|
pursuant to a section of the Revised Code, the common law of this | 1895 |
|
state, a code of ethics applicable to the profession, or | 1896 |
|
otherwise, generally are required not to reveal, disclose, or use | 1897 |
|
confidences of clients, patients, or other recipients of | 1898 |
|
professional services except under specified circumstances or | 1899 |
|
generally are required to maintain those types of confidences as | 1900 |
|
privileged communications except under specified circumstances. | 1901 |
|
Division (A)(2) of this section does not require an attorney, | 1902 |
|
physician, or other professional subject to a confidentiality | 1903 |
|
requirement as described in this division to disclose the name, | 1904 |
|
other identity, or address of a client, patient, or other | 1905 |
|
recipient of professional services if the disclosure would | 1906 |
|
threaten the client, patient, or other recipient of professional | 1907 |
|
services, would reveal details of the subject matter for which | 1908 |
|
legal, medical, or professional advice or other services were | 1909 |
|
sought, or would reveal an otherwise privileged communication | 1910 |
|
involving the client, patient, or other recipient of professional | 1911 |
|
services. Division (A)(2) of this section does not require an | 1912 |
|
attorney, physician, or other professional subject to a | 1913 |
|
confidentiality requirement as described in this division to | 1914 |
|
disclose in the brief description of the nature of services | 1915 |
|
required by division (A)(2) of this section any information | 1916 |
|
pertaining to specific professional services rendered for a | 1917 |
|
client, patient, or other recipient of professional services that | 1918 |
|
would reveal details of the subject matter for which legal, | 1919 |
|
medical, or professional advice was sought or would reveal an | 1920 |
|
otherwise privileged communication involving the client, patient, | 1921 |
|
or other recipient of professional services. | 1922 |
| If a person files an initial statement under this division | 1938 |
|
that states that the person will not receive income from a source | 1939 |
|
described in division (A)(2)(a), (b), or (c) of this section, | 1940 |
|
except as otherwise provided in this division, the person is not | 1941 |
|
required to file statements under division (A)(2), (4), or (5) of | 1942 |
|
this section or to file subsequent statements under division | 1943 |
|
(A)(3) of this section. If a person files an initial statement | 1944 |
|
under this division that states that the person will not receive | 1945 |
|
income from a source described in division (A)(2)(a), (b), or (c) | 1946 |
|
of this section, and, subsequent to the filing of that initial | 1947 |
|
statement, the person receives any income from a source described | 1948 |
|
in division (A)(2)(a), (b), or (c) of this section, the person | 1949 |
|
within ten days shall file a statement under division (A)(2) of | 1950 |
|
this section that contains the information described in that | 1951 |
|
division, and the person thereafter shall file statements under | 1952 |
|
division (A)(2), (3), (4), or (5) of this section at the times | 1953 |
|
specified in division (D)(2) of this section. | 1954 |
| (2) After the filing of the initial statement under division | 1955 |
|
(D)(1) of this section, each person required to file a statement | 1956 |
|
under division (A)(2), (3), (4), or (5) of this section shall file | 1957 |
|
it on or before the last calendar day of January, May, and | 1958 |
|
September. The statements described in divisions (A)(2), (3), and | 1959 |
|
(5) of this section shall relate to the sources of income the | 1960 |
|
person received in the immediately preceding filing period from | 1961 |
|
each source of income in each of the categories listed in division | 1962 |
|
(A)(2) of this section. The statement described in division (A)(4) | 1963 |
|
of this section shall include any information required to be | 1964 |
|
reported regarding expenditures and gifts of the type described in | 1965 |
|
division (A)(4) of this section occurring since the filing of the | 1966 |
|
immediately preceding statement. | 1967 |
| If, pursuant to this division, a person files a statement | 1968 |
|
under division (A)(2) of this section, the person is required to | 1969 |
|
file statements under division (A)(4) of this section, and | 1970 |
|
subsequent statements under division (A)(2), (3), or (5) of this | 1971 |
|
section, at the times specified in this division. In addition, if, | 1972 |
|
subsequent to the filing of the statement under division (A)(2) of | 1973 |
|
this section, the person receives any income from a source | 1974 |
|
described in division (A)(2)(a), (b), or (c) of this section that | 1975 |
|
was not listed on the statement filed under division (A)(2) of | 1976 |
|
this section, the person within ten days shall file a statement | 1977 |
|
under division (A)(2) of this section that contains the | 1978 |
|
information described in that division regarding the new income | 1979 |
|
source. | 1980 |
| If, pursuant to this division, a person files a statement | 1981 |
|
under division (A)(3) of this section, except as otherwise | 1982 |
|
provided in this division, the person thereafter is not required | 1983 |
|
to file statements under division (A)(2), (4), or (5) of this | 1984 |
|
section, or to file subsequent statements under division (A)(3) of | 1985 |
|
this section. If, subsequent to the filing of the statement under | 1986 |
|
division (A)(3) of this section, the person receives any income | 1987 |
|
from a source described in division (A)(2)(a), (b), or (c) of this | 1988 |
|
section, the person within ten days shall file a statement under | 1989 |
|
division (A)(2) of this section that contains the information | 1990 |
|
described in that division regarding the new income source, and | 1991 |
|
the person thereafter shall file statements under division (A)(4) | 1992 |
|
of this section, and subsequent statements under division (A)(2) | 1993 |
|
or (3) of this section, at the times specified in this division. | 1994 |
| (E) Any state elected officer or staff member who filed or | 2004 |
|
was required to file a disclosure statement under section 102.02 | 2005 |
|
of the Revised Code and who leaves public service or public | 2006 |
|
employment shall provide a forwarding address to the officer's or | 2007 |
|
staff member's last employer, and the employer shall provide the | 2008 |
|
person's name and address to the joint legislative ethics | 2009 |
|
committee. The former elected state officer or staff member shall | 2010 |
|
provide updated forwarding addresses as necessary to the joint | 2011 |
legislative ethics committee during the twenty-four month | 2012 |
| twelve-month period during which division (A)(1) of this section | 2013 |
|
applies. The public agency or appointing authority that was the | 2014 |
|
last employer of a person required to file a statement under | 2015 |
|
division (A)(2) of this section shall furnish to the person a copy | 2016 |
|
of the form needed to complete the initial statement required | 2017 |
|
under division (D)(1) of this section. | 2018 |
| (3) For twenty-four months after the conclusion of employment | 2052 |
|
or service, no former public official or employee who personally | 2053 |
|
participated as a public official or employee through decision, | 2054 |
|
approval, disapproval, recommendation, the rendering of advice, | 2055 |
|
the development or adoption of solid waste management plans, | 2056 |
|
investigation, inspection, or other substantial exercise of | 2057 |
|
administrative discretion under Chapter 343. or 3734. of the | 2058 |
|
Revised Code shall represent a person who is the owner or operator | 2059 |
|
of a facility, as defined in section 3734.01 of the Revised Code, | 2060 |
|
or who is an applicant for a permit or license for a facility | 2061 |
|
under that chapter, on any matter in which the public official or | 2062 |
|
employee personally participated as a public official or employee. | 2063 |
(5) As used in divisions (A)(1), (2), and (3) of this | 2074 |
|
section, "matter" includes any case, proceeding, application, | 2075 |
|
determination, issue, or question, but does not include the | 2076 |
|
proposal, consideration, or enactment of statutes, rules, | 2077 |
|
ordinances, resolutions, or charter or constitutional amendments. | 2078 |
|
As used in division (A)(4) of this section, "matter" includes the | 2079 |
|
proposal, consideration, or enactment of statutes, resolutions, or | 2080 |
|
constitutional amendments. As used in division (A) of this | 2081 |
|
section, "represent" includes any formal or informal appearance | 2082 |
|
before, or any written or oral communication with, any public | 2083 |
|
agency on behalf of any person. | 2084 |
(8)(7) Division (A) of this section does not prohibit a | 2096 |
|
nonelected public official or employee of a state agency, as | 2097 |
|
defined in section 1.60 of the Revised Code, from becoming a | 2098 |
|
public official or employee of another state agency. Division (A) | 2099 |
|
of this section does not prohibit such an official or employee | 2100 |
|
from representing or acting in a representative capacity for the | 2101 |
|
official's or employee's new state agency on any matter in which | 2102 |
|
the public official or employee personally participated as a | 2103 |
|
public official or employee at the official's or employee's former | 2104 |
|
state agency. However, no public official or employee of a state | 2105 |
|
agency shall, during public employment or for twelve months | 2106 |
|
thereafter, represent or act in a representative capacity for the | 2107 |
|
official's or employee's new state agency on any audit or | 2108 |
|
investigation pertaining to the official's or employee's new state | 2109 |
|
agency in which the public official or employee personally | 2110 |
|
participated at the official's or employee's former state agency | 2111 |
|
through decision, approval, disapproval, recommendation, the | 2112 |
|
rendering of advice, investigation, or other substantial exercise | 2113 |
|
of administrative discretion. | 2114 |
(9)(8) Division (A) of this section does not prohibit a | 2115 |
|
nonelected public official or employee of a political subdivision | 2116 |
|
from becoming a public official or employee of a different | 2117 |
|
department, division, agency, office, or unit of the same | 2118 |
|
political subdivision. Division (A) of this section does not | 2119 |
|
prohibit such an official or employee from representing or acting | 2120 |
|
in a representative capacity for the official's or employee's new | 2121 |
|
department, division, agency, office, or unit on any matter in | 2122 |
|
which the public official or employee personally participated as a | 2123 |
|
public official or employee at the official's or employee's former | 2124 |
|
department, division, agency, office, or unit of the same | 2125 |
|
political subdivision. As used in this division, "political | 2126 |
|
subdivision" means a county, township, municipal corporation, or | 2127 |
|
any other body corporate and politic that is responsible for | 2128 |
|
government activities in a geographic area smaller than that of | 2129 |
|
the state. | 2130 |
| (C) No public official or employee shall participate within | 2154 |
|
the scope of duties as a public official or employee, except | 2155 |
|
through ministerial functions as defined in division (A) of this | 2156 |
|
section, in any license or rate-making proceeding that directly | 2157 |
|
affects the license or rates of any person, partnership, trust, | 2158 |
|
business trust, corporation, or association in which the public | 2159 |
|
official or employee or immediate family owns or controls more | 2160 |
|
than five per cent. No public official or employee shall | 2161 |
|
participate within the scope of duties as a public official or | 2162 |
|
employee, except through ministerial functions as defined in | 2163 |
|
division (A) of this section, in any license or rate-making | 2164 |
|
proceeding that directly affects the license or rates of any | 2165 |
|
person to whom the public official or employee or immediate | 2166 |
|
family, or a partnership, trust, business trust, corporation, or | 2167 |
|
association of which the public official or employee or the public | 2168 |
|
official's or employee's immediate family owns or controls more | 2169 |
|
than five per cent, has sold goods or services totaling more than | 2170 |
|
one thousand dollars during the preceding year, unless the public | 2171 |
|
official or employee has filed a written statement acknowledging | 2172 |
|
that sale with the clerk or secretary of the public agency and the | 2173 |
|
statement is entered in any public record of the agency's | 2174 |
|
proceedings. This division shall not be construed to require the | 2175 |
|
disclosure of clients of attorneys or persons licensed under | 2176 |
|
section 4732.12 or 4732.15 of the Revised Code, or patients of | 2177 |
|
persons certified under section 4731.14 of the Revised Code. | 2178 |
| (H)(1) No public official or employee, except for the | 2205 |
|
president or other chief administrative officer of or a member of | 2206 |
|
a board of trustees of a state institution of higher education as | 2207 |
|
defined in section 3345.011 of the Revised Code, who is required | 2208 |
|
to file a financial disclosure statement under section 102.02 of | 2209 |
|
the Revised Code shall solicit or accept, and no person shall give | 2210 |
|
to that public official or employee, an honorarium. Except as | 2211 |
|
provided in division (H)(2) of this section, this division and | 2212 |
|
divisions (D), (E), and (F) of this section do not prohibit a | 2213 |
|
public official or employee who is required to file a financial | 2214 |
|
disclosure statement under section 102.02 of the Revised Code from | 2215 |
|
accepting and do not prohibit a person from giving to that public | 2216 |
|
official or employee the payment of actual travel expenses, | 2217 |
|
including any expenses incurred in connection with the travel for | 2218 |
|
lodging, and meals, food, and beverages provided to the public | 2219 |
|
official or employee at a meeting at which the public official or | 2220 |
|
employee participates in a panel, seminar, or speaking engagement | 2221 |
|
or provided to the public official or employee at a meeting or | 2222 |
|
convention of a national organization to which any state agency, | 2223 |
|
including, but not limited to, any state legislative agency or | 2224 |
|
state institution of higher education as defined in section | 2225 |
|
3345.011 of the Revised Code, pays membership dues. Except as | 2226 |
|
provided in division (H)(2) of this section, this division and | 2227 |
|
divisions (D), (E), and (F) of this section do not prohibit a | 2228 |
|
public official or employee who is not required to file a | 2229 |
|
financial disclosure statement under section 102.02 of the Revised | 2230 |
|
Code from accepting and do not prohibit a person from promising or | 2231 |
|
giving to that public official or employee an honorarium or the | 2232 |
|
payment of travel, meal, and lodging expenses if the honorarium, | 2233 |
|
expenses, or both were paid in recognition of demonstrable | 2234 |
|
business, professional, or esthetic interests of the public | 2235 |
|
official or employee that exist apart from public office or | 2236 |
|
employment, including, but not limited to, such a demonstrable | 2237 |
|
interest in public speaking and were not paid by any person or | 2238 |
|
other entity, or by any representative or association of those | 2239 |
|
persons or entities, that is regulated by, doing business with, or | 2240 |
|
seeking to do business with the department, division, institution, | 2241 |
|
board, commission, authority, bureau, or other instrumentality of | 2242 |
|
the governmental entity with which the public official or employee | 2243 |
|
serves. | 2244 |
| (I) A public official or employee may accept travel, meals, | 2253 |
|
and lodging or expenses or reimbursement of expenses for travel, | 2254 |
|
meals, and lodging in connection with conferences, seminars, and | 2255 |
|
similar events related to official duties if the travel, meals, | 2256 |
|
and lodging, expenses, or reimbursement is not of such a character | 2257 |
|
as to manifest a substantial and improper influence upon the | 2258 |
|
public official or employee with respect to that person's duties. | 2259 |
|
The house of representatives and senate, in their code of ethics, | 2260 |
|
and the Ohio ethics commission, under section 111.15 of the | 2261 |
|
Revised Code, may adopt rules setting standards and conditions for | 2262 |
|
the furnishing and acceptance of such travel, meals, and lodging, | 2263 |
|
expenses, or reimbursement. | 2264 |
| (J) For purposes of divisions (D), (E), and (F) of this | 2272 |
|
section, the membership of a public official or employee in an | 2273 |
|
organization shall not be considered, in and of itself, to be of | 2274 |
|
such a character as to manifest a substantial and improper | 2275 |
|
influence on the public official or employee with respect to that | 2276 |
|
person's duties. As used in this division, "organization" means a | 2277 |
|
church or a religious, benevolent, fraternal, or professional | 2278 |
|
organization that is tax exempt under subsection 501(a) and | 2279 |
|
described in subsection 501(c)(3), (4), (8), (10), or (19) of the | 2280 |
|
"Internal Revenue Code of 1986." This division does not apply to a | 2281 |
|
public official or employee who is an employee of an organization, | 2282 |
|
serves as a trustee, director, or officer of an organization, or | 2283 |
|
otherwise holds a fiduciary relationship with an organization. | 2284 |
|
This division does not allow a public official or employee who is | 2285 |
|
a member of an organization to participate, formally or | 2286 |
|
informally, in deliberations, discussions, or voting on a matter | 2287 |
|
or to use the public official's or employee's official position | 2288 |
|
with regard to the interests of the organization on the matter if | 2289 |
|
the public official or employee has assumed a particular | 2290 |
|
responsibility in the organization with respect to the matter or | 2291 |
|
if the matter would affect that person's personal, pecuniary | 2292 |
|
interests. | 2293 |
| (L) No present public official or employee with a casino | 2308 |
|
gaming regulatory function shall indirectly invest, by way of an | 2309 |
|
entity the public official or employee has an ownership interest | 2310 |
|
or control in, or directly invest in a casino operator, management | 2311 |
|
company, holding company, casino facility, or gaming-related | 2312 |
|
vendor. No present public official or employee with a casino | 2313 |
|
gaming regulatory function shall directly or indirectly have a | 2314 |
|
financial interest in, have an ownership interest in, be the | 2315 |
|
creditor or hold a debt instrument issued by, or have an interest | 2316 |
|
in a contractual or service relationship with a casino operator, | 2317 |
|
management company, holding company, casino facility, or | 2318 |
|
gaming-related vendor. This section does not prohibit or limit | 2319 |
|
permitted passive investing by the public official or employee. | 2320 |
(2) MoreExpenditures of more than seventy-fivetwo hundred | 2392 |
fifty dollars aggregated per calendar year as payment for meals | 2393 |
and other food and beverages, other than any contribution and | 2394 |
|
other than expenditures for those meals and other food and | 2395 |
|
beverages provided to the member at a meeting at which the member | 2396 |
|
participates in a panel, seminar, or speaking engagement, at a | 2397 |
|
meeting or convention of a national organization to which any | 2398 |
|
state agency, including, but not limited to, any legislative | 2399 |
|
agency or state institution of higher education as defined in | 2400 |
|
section 3345.011 of the Revised Code, pays membership dues, or at | 2401 |
|
a dinner, party, or function to which all members of the general | 2402 |
|
assembly or all members of either house of the general assembly | 2403 |
|
are invited; | 2404 |
| (B) The appropriate ethics commission shall investigate | 2433 |
|
complaints, may investigate charges presented to it, and may | 2434 |
|
request further information, including the specific amount of | 2435 |
|
income from a source, from any person filing with the commission a | 2436 |
|
statement required by section 102.02 or 102.021 of the Revised | 2437 |
|
Code, if the information sought is directly relevant to a | 2438 |
|
complaint or charges received by the commission pursuant to this | 2439 |
|
section. This information is confidential, except that the | 2440 |
|
commission, in its discretion, may share information gathered in | 2441 |
|
the course of any investigation with, or disclose the information | 2442 |
|
to, the inspector general, any appropriate prosecuting authority, | 2443 |
|
any law enforcement agency, or any other appropriate ethics | 2444 |
|
commission. If the accused person is a member of the public | 2445 |
|
employees retirement board, state teachers retirement board, | 2446 |
|
school employees retirement board, board of trustees of the Ohio | 2447 |
|
police and fire pension fund, or state highway patrol retirement | 2448 |
|
board, or is a member of the bureau of workers' compensation board | 2449 |
|
of directors, the appropriate ethics commission, in its | 2450 |
|
discretion, also may share information gathered in the course of | 2451 |
|
an investigation with, or disclose the information to, the | 2452 |
|
attorney general and the auditor of state. The person so requested | 2453 |
|
shall furnish the information to the commission, unless within | 2454 |
|
fifteen days from the date of the request the person files an | 2455 |
|
action for declaratory judgment challenging the legitimacy of the | 2456 |
|
request in the court of common pleas of the county of the person's | 2457 |
|
residence, the person's place of employment, or Franklin county. | 2458 |
|
The requested information need not be furnished to the commission | 2459 |
|
during the pendency of the judicial proceedings. Proceedings of | 2460 |
|
the commission in connection with the declaratory judgment action | 2461 |
|
shall be kept confidential except as otherwise provided by this | 2462 |
|
section. Before the commission proceeds to take any formal action | 2463 |
|
against a person who is the subject of an investigation based on | 2464 |
|
charges presented to the commission, a complaint shall be filed | 2465 |
|
against the person. If the commission finds that a complaint is | 2466 |
|
not frivolous, and there is reasonable cause to believe that the | 2467 |
|
facts alleged in a complaint constitute a violation of division | 2468 |
|
(B) or (C) of section 102.07 or section 102.02, 102.021, 102.03, | 2469 |
102.04, 102.07, 2921.42, or 2921.43 of the Revised Code, it shall | 2470 |
|
hold a hearing. If the commission does not so find, it shall | 2471 |
|
dismiss the complaint and notify the accused person in writing of | 2472 |
|
the dismissal of the complaint. The commission shall not make a | 2473 |
|
report of its finding unless the accused person requests a report. | 2474 |
|
Upon the request of the accused person, the commission shall make | 2475 |
|
a public report of its finding. The person against whom the | 2476 |
|
complaint is directed shall be given reasonable notice by | 2477 |
|
certified mail of the date, time, and place of the hearing and a | 2478 |
|
statement of the charges and the law directly involved and shall | 2479 |
|
be given the opportunity to be represented by counsel, to have | 2480 |
|
counsel appointed for the person if the person is unable to afford | 2481 |
|
counsel without undue hardship, to examine the evidence against | 2482 |
|
the person, to produce evidence and to call and subpoena witnesses | 2483 |
|
in the person's defense, to confront the person's accusers, and to | 2484 |
|
cross-examine witnesses. The commission shall have a stenographic | 2485 |
|
record made of the hearing. The hearing shall be closed to the | 2486 |
|
public. | 2487 |
| (C)(1)(a) If, upon the basis of the hearing, the appropriate | 2488 |
|
ethics commission finds by a preponderance of the evidence that | 2489 |
|
the facts alleged in the complaint are true and constitute a | 2490 |
|
violation of division (B) or (C) of section 102.07 or section | 2491 |
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of | 2492 |
|
the Revised Code, it shall report its findings to the appropriate | 2493 |
|
prosecuting authority for proceedings in prosecution of the | 2494 |
|
violation and to the appointing or employing authority of the | 2495 |
|
accused. If the accused person is a member of the public employees | 2496 |
|
retirement board, state teachers retirement board, school | 2497 |
|
employees retirement board, board of trustees of the Ohio police | 2498 |
|
and fire pension fund, or state highway patrol retirement board, | 2499 |
|
the commission also shall report its findings to the Ohio | 2500 |
|
retirement study council. | 2501 |
| (b) If the Ohio ethics commission reports its findings to the | 2502 |
|
appropriate prosecuting authority under division (C)(1)(a) of this | 2503 |
|
section and the prosecuting authority has not initiated any | 2504 |
|
official action on those findings within ninety days after | 2505 |
|
receiving the commission's report of them, the commission may | 2506 |
|
publicly comment that no official action has been taken on its | 2507 |
|
findings, except that the commission shall make no comment in | 2508 |
|
violation of the Rules of Criminal Procedure or about any | 2509 |
|
indictment that has been sealed pursuant to any law or those | 2510 |
|
rules. The commission shall make no comment regarding the merits | 2511 |
|
of its findings. As used in division (C)(1)(b) of this section, | 2512 |
|
"official action" means prosecution, closure after investigation, | 2513 |
|
or grand jury action resulting in a true bill of indictment or no | 2514 |
|
true bill of indictment. | 2515 |
| (2) If the appropriate ethics commission does not find by a | 2516 |
|
preponderance of the evidence that the facts alleged in the | 2517 |
|
complaint are true and constitute a violation of division (B) or | 2518 |
|
(C) of section 102.07 or section 102.02, 102.021, 102.03, 102.04, | 2519 |
102.07, 2921.42, or 2921.43 of the Revised Code or if the | 2520 |
|
commission has not scheduled a hearing within ninety days after | 2521 |
|
the complaint is filed or has not finally disposed of the | 2522 |
|
complaint within six months after it has been heard, it shall | 2523 |
|
dismiss the complaint and notify the accused person in writing of | 2524 |
|
the dismissal of the complaint. The commission shall not make a | 2525 |
|
report of its finding unless the accused person requests a report. | 2526 |
|
Upon the request of the accused person, the commission shall make | 2527 |
|
a public report of the finding, but in this case all evidence and | 2528 |
|
the record of the hearing shall remain confidential unless the | 2529 |
|
accused person also requests that the evidence and record be made | 2530 |
|
public. Upon request by the accused person, the commission shall | 2531 |
|
make the evidence and the record available for public inspection. | 2532 |
| (D) The appropriate ethics commission, or a member of the | 2533 |
|
commission, may administer oaths, and the commission may issue | 2534 |
|
subpoenas to any person in the state compelling the attendance of | 2535 |
|
witnesses and the production of relevant papers, books, accounts, | 2536 |
|
and records. The commission shall issue subpoenas to compel the | 2537 |
|
attendance of witnesses and the production of documents upon the | 2538 |
|
request of an accused person. Section 101.42 of the Revised Code | 2539 |
|
shall govern the issuance of these subpoenas insofar as | 2540 |
|
applicable. Upon the refusal of any person to obey a subpoena or | 2541 |
|
to be sworn or to answer as a witness, the commission may apply to | 2542 |
|
the court of common pleas of Franklin county under section 2705.03 | 2543 |
|
of the Revised Code. The court shall hold proceedings in | 2544 |
|
accordance with Chapter 2705. of the Revised Code. The commission | 2545 |
|
or the accused person may take the depositions of witnesses | 2546 |
|
residing within or without the state in the same manner as | 2547 |
|
prescribed by law for the taking of depositions in civil actions | 2548 |
|
in the court of common pleas. | 2549 |
| (E) At least once each year, the Ohio ethics commission shall | 2550 |
|
report on its activities of the immediately preceding year to the | 2551 |
|
majority and minority leaders of the senate and house of | 2552 |
|
representatives of the general assembly. The report shall indicate | 2553 |
|
the total number of complaints received, initiated, and | 2554 |
|
investigated by the commission, the total number of complaints for | 2555 |
|
which formal hearings were held, and the total number of | 2556 |
|
complaints for which formal prosecution was recommended or | 2557 |
|
requested by the commission. The report also shall indicate the | 2558 |
|
nature of the inappropriate conduct alleged in each complaint and | 2559 |
|
the governmental entity with which any employee or official that | 2560 |
|
is the subject of a complaint was employed at the time of the | 2561 |
|
alleged inappropriate conduct. | 2562 |
(G)(H)(1) When a complaint or charge is before it, the Ohio | 2572 |
|
ethics commission or the appropriate prosecuting authority, in | 2573 |
|
consultation with the person filing the complaint or charge, the | 2574 |
|
accused, and any other person the commission or prosecuting | 2575 |
|
authority considers necessary, may compromise or settle the | 2576 |
|
complaint or charge with the agreement of the accused. The | 2577 |
|
compromise or settlement may include mediation, restitution, | 2578 |
|
rescission of affected contracts, forfeiture of any benefits | 2579 |
|
resulting from a violation or potential violation of law, | 2580 |
|
resignation of a public official or employee, or any other relief | 2581 |
|
that is agreed upon between the commission or prosecuting | 2582 |
|
authority and the accused. | 2583 |
| (3) If a settlement agreement is breached by the accused, the | 2593 |
|
commission or prosecuting authority, in the commission's or | 2594 |
|
prosecuting authority's discretion, may rescind the agreement and | 2595 |
|
reinstitute any investigation, hearing, or prosecution of the | 2596 |
|
accused. No information obtained from the accused in reaching the | 2597 |
|
settlement that is not otherwise discoverable from the accused | 2598 |
|
shall be used in any proceeding before the commission or by the | 2599 |
|
appropriate prosecuting authority in prosecuting the violation. | 2600 |
|
Notwithstanding any other section of the Revised Code, if a | 2601 |
|
settlement agreement is breached, any statute of limitations for a | 2602 |
|
violation of this chapter or section 2921.42 or 2921.43 of the | 2603 |
|
Revised Code is tolled from the date the complaint or charge is | 2604 |
|
filed until the date the settlement agreement is breached. | 2605 |
| (B) No member, employee, or agent of the Ohio ethics | 2615 |
|
commission, board of commissioners on grievances and discipline of | 2616 |
|
the supreme court, or joint legislative ethics committee shall | 2617 |
|
divulge any information or any books, papers, or documents | 2618 |
|
presented to the commission, joint legislative ethics committee, | 2619 |
|
or board of commissioners on grievances and discipline without the | 2620 |
|
consent, in writing, of the appropriate ethics commission, unless | 2621 |
|
such books, papers, or documents were presented at a public | 2622 |
|
hearing, except as provided in section 102.06 of the Revised Code. | 2623 |
| Sec. 109.54. (A) The bureau of criminal identification and | 2634 |
|
investigation may investigate any criminal activity in this state | 2635 |
|
that is of statewide or intercounty concern when requested by | 2636 |
|
local authorities and may aid federal authorities, when requested, | 2637 |
|
in their investigation of any criminal activity in this state. The | 2638 |
|
bureau may investigate any criminal activity in this state related | 2639 |
|
to the conduct of elections when requested by the secretary of | 2640 |
|
state. The bureau may assist the Ohio ethics commission and the | 2641 |
|
joint legislative ethics committee in investigating violations of | 2642 |
|
sections 102.02, 102.021, 102.03, 102.031, 102.04, 2921.42, and | 2643 |
|
2921.43 of the Revised Code, upon request by the agency having the | 2644 |
|
appropriate investigative jurisdiction. The bureau may investigate | 2645 |
|
any criminal activity in this state involving drug abuse or | 2646 |
|
illegal drug distribution prohibited under Chapter 3719. or 4729. | 2647 |
|
of the Revised Code. The superintendent and any agent of the | 2648 |
|
bureau may participate, as the director of an organized crime task | 2649 |
|
force established under section 177.02 of the Revised Code or as a | 2650 |
|
member of the investigatory staff of a task force established | 2651 |
|
under that section, in an investigation of organized criminal | 2652 |
|
activity anywhere within this state under sections 177.01 to | 2653 |
|
177.03 of the Revised Code. | 2654 |
| (B) The bureau may provide any trained investigative | 2655 |
|
personnel and specialized equipment that are requested by any | 2656 |
|
sheriff or chief of police, by the authorized designee of any | 2657 |
|
sheriff or chief of police, or by any other authorized law | 2658 |
|
enforcement officer to aid and assist the officer in the | 2659 |
|
investigation and solution of any crime or the control of any | 2660 |
|
criminal activity occurring within the officer's jurisdiction. | 2661 |
|
This assistance shall be furnished by the bureau without | 2662 |
|
disturbing or impairing any of the existing law enforcement | 2663 |
|
authority or the prerogatives of local law enforcement authorities | 2664 |
|
or officers. Investigators provided pursuant to this section, or | 2665 |
|
engaged in an investigation pursuant to section 109.83 of the | 2666 |
|
Revised Code, may go armed in the same manner as sheriffs and | 2667 |
|
regularly appointed police officers under section 2923.12 of the | 2668 |
|
Revised Code. | 2669 |
| (C)(1) The bureau shall obtain recording equipment that can | 2670 |
|
be used to record depositions of the type described in division | 2671 |
|
(A) of section 2152.81 and division (A) of section 2945.481 of the | 2672 |
|
Revised Code, or testimony of the type described in division (D) | 2673 |
|
of section 2152.81 and division (D) of section 2945.481 or in | 2674 |
|
division (C) of section 2937.11 of the Revised Code, shall obtain | 2675 |
|
closed circuit equipment that can be used to televise testimony of | 2676 |
|
the type described in division (C) of section 2152.81 and division | 2677 |
|
(C) of section 2945.481 or in division (B) of section 2937.11 of | 2678 |
|
the Revised Code, and shall provide the equipment, upon request, | 2679 |
|
to any court for use in recording any deposition or testimony of | 2680 |
|
one of those types or in televising the testimony in accordance | 2681 |
|
with the applicable division. | 2682 |
| (2) The bureau shall obtain the names, addresses, and | 2683 |
|
telephone numbers of persons who are experienced in questioning | 2684 |
|
children in relation to an investigation of a violation of section | 2685 |
|
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 2686 |
|
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, | 2687 |
|
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an | 2688 |
|
offense of violence and shall maintain a list of those names, | 2689 |
|
addresses, and telephone numbers. The list shall include a | 2690 |
|
classification of the names, addresses, and telephone numbers by | 2691 |
|
appellate district. Upon request, the bureau shall provide any | 2692 |
|
county sheriff, chief of police, prosecuting attorney, village | 2693 |
|
solicitor, city director of law, or similar chief legal officer | 2694 |
|
with the name, address, and telephone number of any person | 2695 |
|
contained in the list. | 2696 |
| (3) The purchase, sale, or gift of services or any other | 2713 |
|
thing of value. "Expenditure" does not include a contribution, | 2714 |
|
gift, or grant to a foundation or other charitable organization | 2715 |
|
that is exempt from federal income taxation under subsection | 2716 |
|
501(c)(3) of the Internal Revenue Code. "Expenditure" does not | 2717 |
|
include the purchase, sale, or gift of services or any other thing | 2718 |
|
of value that is available to the general public on the same terms | 2719 |
|
as it is available to the persons listed in this division, or an | 2720 |
|
offer or sale of securities to any person listed in this division | 2721 |
|
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508, | 2722 |
|
adopted under the authority of the "Securities Act of 1933," 48 | 2723 |
|
Stat. 74, 15 U.S.C.A. and following, or that is governed by a | 2724 |
|
comparable provision under state law. | 2725 |
(H) "Executive agency lobbyist" means any person engaged to | 2780 |
influencewhose direct communication with executive agency | 2781 |
|
officials or employees for the purpose of influencing executive | 2782 |
agency decisions or to conductconducting executive agency | 2783 |
lobbying activity as one of the person's main purposes on a | 2784 |
regular and substantial basisconstitutes at least twenty-five per | 2785 |
|
cent of the total performance time for which the person is | 2786 |
|
compensated by a specific employer. "Executive agency lobbyist" | 2787 |
|
does not include an elected or appointed officer or employee of a | 2788 |
|
federal or state agency, state college, state university, or | 2789 |
|
political subdivision who attempts to influence or affect | 2790 |
|
executive agency decisions in a fiduciary capacity as a | 2791 |
|
representative of the officer's or employee's agency, college, | 2792 |
|
university, or political subdivision. | 2793 |
| (B) In addition to the initial registration statement | 2844 |
|
required by division (A) of this section, each executive agency | 2845 |
|
lobbyist and employer shall file with the joint committee, not | 2846 |
|
later than the last day of January, May, and September of each | 2847 |
|
year, an updated registration statement that confirms the | 2848 |
|
continuing existence of each engagement described in an initial | 2849 |
|
registration statement and that lists the specific executive | 2850 |
|
agency decisions that the lobbyist sought to influence under the | 2851 |
|
engagement during the period covered by the updated statement, and | 2852 |
|
with it any statement of expenditures required to be filed by | 2853 |
|
section 121.63 of the Revised Code and any details of financial | 2854 |
|
transactions required to be filed by section 121.64 of the Revised | 2855 |
|
Code. | 2856 |
| (G) The executive director of the joint committee shall be | 2887 |
|
responsible for reviewing each registration statement filed with | 2888 |
|
the joint committee under this section and for determining whether | 2889 |
|
the statement contains all of the required information. If the | 2890 |
|
joint committee determines that the registration statement does | 2891 |
|
not contain all of the required information or that an executive | 2892 |
|
agency lobbyist or employer has failed to file a registration | 2893 |
|
statement, the joint committee shall send written notification by | 2894 |
|
certified mail to the person who filed the registration statement | 2895 |
|
regarding the deficiency in the statement or to the person who | 2896 |
|
failed to file the registration statement regarding the failure. | 2897 |
|
Any person so notified by the joint committee shall, not later | 2898 |
|
than fifteen days after receiving the notice, file a registration | 2899 |
|
statement or an amended registration statement that contains all | 2900 |
|
of the required information. If any person who receives a notice | 2901 |
|
under this division fails to file a registration statement or such | 2902 |
|
an amended registration statement within this fifteen-day period, | 2903 |
|
the joint committee shall assess a late filing fee equal to twelve | 2904 |
|
dollars and fifty cents per day, up to a maximum fee of one | 2905 |
|
hundred dollars, upon that person. The joint committee may waive | 2906 |
|
the late filing fee for good cause shown. | 2907 |
(2) If, during a reporting period covered by a statement, an | 2938 |
|
employer or any executive agency lobbyist the employer engaged | 2939 |
made, either separately or in combination with each other, | 2940 |
expenditures to,that, when added to the amount of previous | 2941 |
|
expenditures made by that employer or executive agency lobbyist | 2942 |
|
during the same calendar year, exceed a total of one hundred | 2943 |
|
dollars at the request of, for the benefit of, or on behalf of a | 2944 |
|
particular elected executive official, the director of a | 2945 |
|
department created under section 121.02 of the Revised Code, a | 2946 |
|
particular executive agency official, or a particular member of | 2947 |
|
the staff of any public officer listed in division (B)(2) of this | 2948 |
section, the employer or executive agency lobbyist also shall | 2949 |
|
state the name of the public officer or employee to whom, at whose | 2950 |
|
request, for whose benefit, or on whose behalf the expenditures | 2951 |
|
were made, the total amount of the expenditures made, a brief | 2952 |
|
description of the expenditures made, the approximate date the | 2953 |
|
expenditures were made, the executive agency decision, if any, | 2954 |
|
sought to be influenced, and the identity of the client on whose | 2955 |
|
behalf the expenditure was made. | 2956 |
(3) If, during a reporting period covered by a statement, an | 2960 |
executive agency lobbyist made expenditures as payment for meals | 2961 |
and other food and beverages, other than for meals and other food | 2962 |
and beverages provided at a meeting at which the person | 2963 |
participated in a panel, seminar, or speaking engagement or at a | 2964 |
meeting or convention of a national organization to which any | 2965 |
state agency, including, but not limited to, any legislative | 2966 |
agency or state institution of higher education as defined in | 2967 |
section 3345.011 of the Revised Code, pays membership dues, that, | 2968 |
when added to the amount of previous payments made for meals and | 2969 |
other food and beverages by that executive agency lobbyist during | 2970 |
that same calendar year, exceeded a total of fifty dollars to, at | 2971 |
the request of, for the benefit of, or on behalf of a particular | 2972 |
elected executive official, the director of a department created | 2973 |
under section 121.02 of the Revised Code, a particular executive | 2974 |
agency official, or any particular member of the staff of any of | 2975 |
the public officers or employees listed in division (B)(3) of this | 2976 |
section, then the executive agency lobbyist shall also state | 2977 |
regarding those expenditures the name of the public officer or | 2978 |
employee to whom, at whose request, for whose benefit, or on whose | 2979 |
behalf the expenditures were made, the total amount of the | 2980 |
expenditures made, a brief description of the expenditures made, | 2981 |
the approximate date the expenditures were made, the executive | 2982 |
agency decision, if any, sought to be influenced, and the identity | 2983 |
of the client on whose behalf the expenditure was made. | 2984 |
(C) In addition to the information required by divisions | 2985 |
division (B)(2) and (3) of this section, a statement filed by an | 2986 |
employer shall show the total amount of expenditures made by the | 2987 |
| an employer or executive agency lobbyist filing the statement | 2988 |
during the period covered by the statement.
As used in this | 2989 |
section, "expenditures" does not include the expenses of | 2990 |
maintaining office facilities, or the compensation paid to | 2991 |
executive agency lobbyists engaged to influence executive agency | 2992 |
decisions or conduct executive agency lobbying activityA | 2993 |
|
statement filed by an executive agency lobbyist shall show all | 2994 |
|
executive agency decisions that the executive agency lobbyist has | 2995 |
|
sought to influence on behalf of the employer during the period | 2996 |
|
covered by the statement. A statement filed by an employer shall | 2997 |
|
show all executive agency decisions that the employer has sought | 2998 |
|
to influence during the period covered by the statement. | 2999 |
(2) If, during a reporting period covered by an expenditure | 3033 |
statement filed under division (B)(2) of this section, an employer | 3034 |
or any executive agency lobbyist the employer engaged made, either | 3035 |
separately or in combination with each other, either directly or | 3036 |
indirectly, expenditures for an honorarium or for transportation, | 3037 |
lodging, or food and beverages purchased for consumption on the | 3038 |
premises in which the food and beverages were sold to, at the | 3039 |
request of, for the benefit or, or on behalf of any of the public | 3040 |
officers or employees described in division (B)(2) of this | 3041 |
section, the employer or executive agency lobbyist shall deliver | 3042 |
to the public officer or employee a statement that contains all of | 3043 |
the nondisputed information prescribed in division (B)(2) of this | 3044 |
section with respect to the expenditures described in division | 3045 |
(G)(2) of this section. The statement of expenditures made under | 3046 |
division (G)(2) of this section shall be delivered to the public | 3047 |
officer or employee to whom, at whose request, for whose benefit, | 3048 |
or on whose behalf those expenditures were made on the same day in | 3049 |
which a copy of the expenditure statement or of a portion showing | 3050 |
the expenditure is delivered to the public officer or employee | 3051 |
under division (G)(1) of this section. An employer is not required | 3052 |
to show any expenditure on a statement delivered under division | 3053 |
(G)(2) of this section if the expenditure is shown on a statement | 3054 |
delivered under division (G)(2) of this section by a legislative | 3055 |
agent engaged by the employer. | 3056 |
| Sec. 121.64. (A) Each executive agency lobbyist who has had | 3061 |
|
any financial transaction with or for the benefit of an elected | 3062 |
|
executive official, the director of a department created under | 3063 |
|
section 121.02 of the Revised Code, an executive agency official, | 3064 |
|
or any member of the staff of any of the public officers or | 3065 |
|
employees listed in this division shall describe the details of | 3066 |
|
the transaction, including the name of the public officer or | 3067 |
|
employee, the purpose and nature of the transaction, and the date | 3068 |
|
it was made or entered into, in a statement filed with the joint | 3069 |
|
legislative ethics committee with the updated registration | 3070 |
|
statement required by division (B) of section 121.62 of the | 3071 |
|
Revised Code. The statements shall be filed at the times specified | 3072 |
|
in section 121.62 of the Revised Code. Each statement shall | 3073 |
|
describe each financial transaction that occurred during the | 3074 |
|
four-calendar-month period that ended on the last day of the month | 3075 |
|
immediately preceding the month in which the statement is required | 3076 |
|
to be filed. | 3077 |
| (B) Except as provided in division (D) of this section, each | 3078 |
|
employer who has had any financial transaction with or for the | 3079 |
|
benefit of an elected executive official, the director of a | 3080 |
|
department created under section 121.02 of the Revised Code, an | 3081 |
|
executive agency official, or any member of the staff of any of | 3082 |
|
the public officers or employees listed in this division shall | 3083 |
|
describe the details of the transaction, including the name of the | 3084 |
|
public officer or employee, the purpose and nature of the | 3085 |
|
transaction, and the date it was made or entered into, in a | 3086 |
|
statement filed with the joint committee with the updated | 3087 |
|
registration statement required by division (B) of section 121.62 | 3088 |
|
of the Revised Code. The statement shall be filed at the times | 3089 |
|
specified in section 121.62 of the Revised Code. Each statement | 3090 |
|
shall describe each financial transaction that occurred during the | 3091 |
|
four-calendar-month period that ended on the last day of the month | 3092 |
|
immediately preceding the month in which the statement is required | 3093 |
|
to be filed. | 3094 |
| The complaint shall be filed at least three days prior to the | 3119 |
|
time the statement is required to be filed with the joint | 3120 |
legislative ethics committee. The time for filing a disputed | 3121 |
expenditure or financial transaction in any statement of | 3122 |
|
expenditures or the details of a financial transaction that | 3123 |
|
contains a disputed expenditure or financial transaction shall be | 3124 |
extended pending the final decision of the commission. This | 3125 |
extension does not extend the time for filing the nondisputed | 3126 |
portions of either type of statement. The commission shall notify | 3127 |
|
the parties of its final decision by certified mail. If the | 3128 |
|
commission decides that the disputed expenditure or financial | 3129 |
|
transaction should be reported, the employer or executive agency | 3130 |
lobbyist shall include the matter in an amendedthe statement and. | 3131 |
The employer or executive agency lobbyist shall file the amended | 3132 |
|
statement not later than ten days after receiving notice of the | 3133 |
|
decision of the commission by certified mail. | 3134 |
| Section 2. That existing sections 101.15, 101.301, 101.34, | 3225 |
|
101.70, 101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 101.92, | 3226 |
|
101.93, 101.94, 101.95, 101.98, 102.01, 102.02, 102.021, 102.03, | 3227 |
|
102.031, 102.06, 102.07, 102.99, 109.54, 121.60, 121.62, 121.63, | 3228 |
|
121.64, 121.65, 121.68, and 4503.033 of the Revised Code are | 3229 |
|
hereby repealed. | 3230 |