Chapter 101-1 Operating Procedures

101-1-01 Definitions.

(A) "Advisory opinion" means an opinion publicly rendered by the committee pursuant to section 102.08 of the Revised Code in response to a question concerning ethics, conflicts of interest, or financial disclosure under Chapter 102. or section 2921.42 or 2921.43 of the Revised Code.

(B) "Written opinion" means an opinion privately rendered by the committee pursuant to section 102.08 of the Revised Code in response to a question concerning ethics, conflicts of interest, or financial disclosure under Chapter 102. or section 2921.42 or 2921.43 of the Revised Code.

(C) "Chairman" means the member of the committee appointed as chairman pursuant to section 101.34 of the Revised Code.

(D) "Committee" means the joint legislative ethics committee created pursuant to section 101.34 of the Revised Code.

(E) "Executive director" means the executive director appointed by the committee pursuant to section 101.34 of the Revised Code.

(F) "Mail" means regular united states first class mail, unless specified otherwise.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: Chapter 102
Prior Effective Dates: 5/18/95, 10/23/94, 7/18/94

101-1-02 Committee meetings; notice of meetings.

(A) Meetings; quorum; action: the committee shall act only at a meeting conducted in accordance with this rule. Seven members of the committee shall constitute a quorum. No action shall be taken by the committee without the concurrence of at least seven of the members unless otherwise provided for in the legislative code of ethics.

(B) Notice of meetings: meetings of the committee may be: (1) Held in accordance with a schedule adopted by the committee, without additional notice to members; (2) scheduled at a previous meeting of the committee; or (3) called by the chairman or at least eight of the members with written notice to each member at least five days prior to the meeting, in the case of notice by mail, or at least two days prior to the meeting, in the case of notice by telephone. Such notice shall specify the time and place of the meeting.

Notice of a meeting may be waived by a member of the committee either before or after the meeting and attendance at a meeting shall constitute waiver of notice by such member, unless he objects to holding the meeting on the ground of lack of notice or insufficiency of notice, either during the meeting or within a reasonable time thereafter.

(C) Public notice of meetings:

(1) This rule is adopted in accordance with division (F) of section 121.22 of the Revised Code.

(2) Any person may obtain notice of the time and place of any regularly scheduled meeting, and the time, place and purpose of any special meeting by:

(a) Writing to: "Office of the legislative inspector general, joint legislative ethics committee, 50 West Broad Street, Suite 1308, Columbus, Ohio 43215"; or

(b) Calling the office of the legislative inspector general at the following telephone number during normal business hours: (614) 728-5100.

(3) The committee shall maintain a list of all persons who have requested, in writing, notice of all meetings of the committee at which specific subjects are to be discussed, and shall mail an agenda to such persons at least five work days prior to each meeting, if it is determined that the subject of interest to the person will be a topic of discussion at that meeting.

(4) Any representative of the news media may obtain notice of all special meetings by sending a written request to: "Office of the legislative inspector general, joint legislative ethics committee, 50 West Broad Street, Suite 1308, Columbus, Ohio 43215." The request shall include the name, address, and a maximum of two telephone numbers of the media representative to be contacted. Notice to a publication, radio, or television station shall be limited to one representative. The committee shall maintain a list of all news media representatives who have requested notice of special meetings.

In the event of a special meeting not of an emergency nature, the committee shall notify all registered media representatives by at least one of the following means:

(a) Written notice mailed at least four calendar days prior to the day of the special meeting;

(b) Notification by telephone at least twenty-four hours prior to the special meeting. Such telephone notice shall be considered completed if a message has been left for the media representative, or if the committee has made a reasonable effort but been unable to provide such telephone notice; or

(c) Notice in person at least twenty-four hours prior to the special meeting.

In the event of an emergency meeting, the committee shall notify all registered media representatives either by the means outlined in paragraph (C)(3) of this rule or by notifying the clerk of the state house press room. In the case of such an emergency meeting, the notice shall be given as soon as possible after the emergency meeting is scheduled.

(D) Officers: a chairman and vice chairman shall be appointed pursuant to section 101.34 of the Revised Code. The vice chairman shall preside at any meeting of the committee at which the chairman is not present. In the absence of the chairman and vice chairman, the members present shall designate a member as the presiding officer.

(E) Agenda: The executive director shall prepare an agenda for each regularly scheduled meeting. The agenda shall be distributed to the committee members at least five days prior to each scheduled meeting. The chairman or committee members calling a special meeting of the committee shall prepare an agenda for such meeting and include a copy of the agenda with the notice of such meeting.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: 121.22
Prior Effective Dates: 5/18/95, 10/23/94, 7/18/94

101-1-03 Advisory opinions.

(A) The committee may issue advisory opinions relating to ethics, conflicts of interest, or financial disclosure under Chapter 102. or section 2921.42 or 2921.43 of the Revised Code.

(B) The executive director shall acknowledge receipt of all requests for advisory opinions and shall record all such requests in a journal kept for that purpose.

(C) All advisory opinions rendered by the committee shall include the following:

(1) A syllabus containing the holding of the committee;

(2) A statement of facts upon which the conclusions are based. Such statement of facts need not disclose the name of any individual;

(3) A discussion of the facts and law which conclude in the holding of the committee; and

(4) A serial number indicating the year and number of the advisory opinions rendered.

(D) The committee shall maintain a compilation of all advisory opinions rendered.

(E) When the committee renders an advisory opinion that has been publicly sought and that relates to a special set of circumstances involving ethics, conflicts of interest, or financial disclosure under Chapter 102. or section 2921.42 or 2921.43 of the Revised Code, the person to whom the opinion was directed or who was similarly situated may reasonably rely upon such opinion and shall be immune from criminal prosecutions, civil suits, or actions for removal from his office or position of employment for a violation of Chapter 102. or section 2921.42 or 2921.43 of the Revised Code based on the facts and circumstances covered by the opinion, if the opinion states that there is no violation of Chapter 102. or section 2921.42 or 2921.43 of the Revised Code.

(F) When the committee renders an advisory opinion that has been publicly sought, the advisory opinion is a public record available under section 149.43 of the Revised Code.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: 102.08
Prior Effective Dates: 5/18/95

101-1-04 Written opinions.

(A) The committee may issue written opinions relating to ethics, conflicts of interest, or financial disclosure under Chapter 102. or Section 2921.42 or 2921.43 of the Revised Code.

(B) The executive director shall acknowledge receipt of all requests for written opinions and shall record all such requests in a journal kept for that purpose.

(C) All written opinions rendered by the committee shall include the following:

(1) A syllabus containing the holding of the committee;

(2) A statement of facts upon which the conclusions are based. Such statement of facts need not disclose the name of any individual;

(3) A discussion of the facts and law which conclude in the holding of the committee; and

(4) A serial number indicating the year and number of the written opinions rendered.

(D) The committee shall maintain a compilation of all written opinions rendered.

(E) When the committee renders a written opinion that has been privately sought and that relates to a special set of circumstances involving ethics, conflicts of interest, or financial disclosure under Chapter 102. or section 2921.42 or 2921.43 of the Revised Code, the written opinion does not have the legal effect of an advisory opinion. When the committee renders a written opinion that has been privately sought, the written opinion is not a public record available under section 149.43 of the Revised Code.

(F) The proceedings of the committee relating to a written opinion that has been privately sought shall be closed to the public and records relating to these proceedings are not public records available under section 149.43 of the Revised Code.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: 102.08
Prior Effective Dates: 5/18/95

101-1-05 Financial disclosure statements.

(A) The committee shall enforce the financial disclosure filing requirements of section 102.02 of the Revised Code and rules of the committee adopted pursuant to that section.

(B) All financial disclosure statements filed under section 102.02 of the Revised Code shall be maintained by the committee at the office of the legislative inspector general and shall be subject to public inspection during normal business hours.

(C) The committee may receive financial disclosure statements that are filed voluntarily. Such statements shall be maintained in accordance with paragraph (B) of this rule.

(D) The committee shall permit inspection of a financial disclosure statement upon written request identifying the person making the request, his affiliation, and the name and position of the person whose statement is to be inspected. Such requests shall be maintained in a separate file and shall be confidential unless the person making the request authorizes the committee in writing to make the request available to the public.

(E) The committee shall not be required to notify a person that his financial disclosure statement is required or inspected.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: 102.09
Prior Effective Dates: 5/18/95

101-1-06 Personal information records.

(A) Except as otherwise provided in sections 102.02 , 102.06 , and 102.07 of the Revised Code and Chapter 101-7 of the Administrative Code, all personal information records of the committee shall be maintained in accordance with Chapter 1347. of the Revised Code.

(B) The executive director shall designate a staff member to be directly responsible for the personal information system. Such person shall maintain all personal records in accordance with Chapters 102. and 1347. of the Revised Code, and shall:

(1) Inform each employee who has any responsibility for the operation or maintenance of the system, or for the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and of all rules adopted in accordance with that chapter.

(2) Specify disciplinary measures to be applied to any employee who initiates or otherwise contributes to any disciplinary or other punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the system.

(3) Inform a person who is asked to supply personal information for a system whether the person is legally required to, or may refuse to, supply the information.

(4) Monitor the accuracy, relevance, timeliness, and completeness of the personal information in the system and, in accordance with the procedures, maintain the personal information in the system with the accuracy, relevance, timeliness, and completeness that is necessary to assure fairness in any determination made with respect to a person on the basis of the information.

(5) Assure the collection, maintenance and use of only personal information which is necessary and relevant to the functions of the committee is required or authorized to perform by statute, ordinance, code, or rule and the elimination of such information when it is no longer necessary and relevant to those functions.

(6) Provide a person, who is asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of the other agencies or organizations that have access to the information in the system.

(7) Allow the person who is the subject of the record to inspect and dispute personal information pursuant to sections 1347.08 and 1347.09 of the Revised Code.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 111.15
Statutory Authority: 101.34
Rule Amplifies: Chapter 1347
Prior Effective Dates: 5/18/95