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Ohio Laws and Rules
For purposes of Chapter 102. of the Administrative Code:
(A) “Advisory opinion” means an opinion rendered by the commission or staff in response to a question concerning ethics, conflicts of interest, financial disclosure, or any other topic covered by Chapter 102. or section 2921.42 or 2921.43 of the Revised Code.
(B) “Chair” or “chairman” means the member of the commission elected as chairman pursuant to section 102.05 of the Revised Code.
(C) “Charge” means any allegation or other information, from any source, which alleges or indicates that a violation of Chapter 102. or section 2921.42 or 2921.43 of the Revised Code may have occurred.
(D) “Commission” means the Ohio ethics commission created pursuant to section 102.05 of the Revised Code.
(E) “Complainant” means any person, including the commission, a member of the commission, or an employee of the commission, who has filed a complaint with the commission.
(F) “Complaint” means a formal complaint filed with or initiated by the commission in accordance with section 102.06 of the Revised Code, concerning conduct alleged to be in violation of Chapter 102. or section 2921.42 or 2921.43 of the Revised Code.
(G) “Designee” means any person who is designated to serve in the place of another public official or employee for a board, commission, council, agency, department, or other such entity.
(H) “Executive Director” means the executive director appointed by the commission pursuant to section 102.05 of the Revised Code.
(I) “Mail” means regular United States first class mail, unless specified otherwise.
(J) “Party” means the commission, the respondent, or their representatives.
(K) “Representative” means any person whom the commission has authorized to appear or act on its behalf, or any person whom the complainant, respondent, or a witness has authorized to appear or act, on his or her behalf, as counsel before the commission.
(L) “Respondent” means a person against whom a complaint or charge has been filed with the commission.
(M) “Staff” means the executive director and any other employee of the commission.
Replaces: 102-1-01, 102-7-01
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.02, 102.03, 102.05, 102.06, 102.08
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02
The jurisdiction of the commission is derived from Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.
Replaces: 102-7-02
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102., 2921.42, 2921.43
Prior Effective Dates: 6/8/81, 1/1/02
Duties described in Chapter 102. of the Administrative Code will be performed by the commission and/or staff as authorized by the commission.
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102., 2921.42, 2921.43
Prior Effective Dates: 1/1/02
This rule is adopted in accordance with division (A) of section 119.03 of the Revised Code.
The commission, in giving public notice as to the adoption, amendment, or rescission of any rule required to be adopted under Chapter 119. of the Revised Code, must publish a notice, at least once, in the register of Ohio, and in such other publications as the commission may determine from time to time. The notice must appear at least thirty days prior to the date set for the hearing of the proposed action on any such rule. The notice must meet the requirements of division (A) of section 119.03 of the Revised Code.
Replaces: 102-3-01
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 119.03
Statutory Authority: 102.05, 119
Rule Amplifies: 102.02, 102.03, 102.05
Prior Effective Dates: 1/25/74, 1/1/02
(A) Meetings; quorum; action
The commission will act only at a meeting conducted in accordance with this rule. A majority of the members of the commission constitutes a quorum. No action will be taken by the commission without the concurrence of a majority of the members. Where necessary, Robert’s Rules of Order will be used as a guide to the proceedings of the commission.
(B) Notice of meetings
(1) Meetings of the commission shall be:
(a) Held in accordance with a schedule adopted by the commission; or
(b) Scheduled at a previous meeting of the commission; or
(c) Called by the chair or a majority 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 one day prior to the meeting, in the case of notice by telephone, facsimile, or electronic mail. Notice of meetings will specify the time and place of the meeting.
(2) Notice of a meeting may be waived by a commission member either before or after the meeting. Attendance at a meeting will constitute waiver of notice by a commission member, unless the member 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) Authority: 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 or emergency meeting, by requesting notice before the close of the business day prior to the meeting from the commission in one of these ways:
(a) Writing to: “Ohio Ethics Commission, 8 East Long Street, Columbus, Ohio 43215;”
(b) Calling the office of the commission, during normal business hours, at the following telephone number: (614) 466-7090;
(c) Sending a facsimile to the office of the commission at the following facsimile number: (614) 466-8368; or
(d) Sending an electronic mail request to the following electronic mail address: ethics@ethics.ohio.gov.
(3) Any person may obtain notice of all scheduled meetings by sending a written request to the commission via mail, facsimile or electronic mail to the mailing address, facsimile number, or electronic mail address provided in paragraph (C)(2) of this rule. The request must include sufficient information such that the commission may contact the person under the provisions of this rule. Notice to a publication or radio or television station will be limited to one representative. The commission will maintain a list of persons who have requested notice of all meetings.
(a) In the event of a meeting not of an emergency nature, the commission will notify all persons who have requested notice in accordance with the provisions in this rule by at least one of the following means:
(i) Written notice mailed at least four calendar days prior to the day of the meeting;
(ii) Notification by telephone at least twenty-four hours prior to the meeting. Such telephone notice will be considered completed if a message has been left for the person, or if the commission has made a reasonable effort but been unable to provide such telephone notice;
(iii) Notice by facsimile at least twenty-four hours prior to the meeting;
(iv) Notification by electronic mail at least twenty-four hours prior to the meeting.
(b) In the event of an emergency meeting, the commission will notify all listed persons by the means outlined in paragraph (C)(3)(a) of this rule. In the case of such an emergency meeting, the notice must be given as soon as possible after the emergency meeting is scheduled.
(D) Agenda:
The executive director will prepare an agenda for each regularly scheduled meeting. The agenda will be distributed to the commission members at least five days prior to each scheduled meeting. In the event of a special or emergency meeting, the chair, commission member, or executive director who calls the meeting of the commission will prepare an agenda for the meeting and include a copy of the agenda with the notice of the meeting distributed to commission members.
Effective: 11/29/2007
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 111.15
Statutory Authority: 121.22, 102.05
Rule Amplifies: 102.05
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02
(A) A chair and vice chair will be elected at the first annual meeting of each calendar year, and will serve for one year or until a successor is elected. The vice chair will preside at any meeting of the commission at which the chair is not present. In the absence of the chair and vice chair, the members present will designate a member as the presiding officer.
(B) The commission may establish committees to assist in performing its statutory authority. No committee will make decisions that require the full vote of the commission. Meetings of committees will be subject to the same notice requirements as commission meetings, set forth in rule 102-1-05 of the Administrative Code.
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.05
Prior Effective Dates: 1/1/02
(A) Except as otherwise provided in sections 102.02, 102.06, and 102.07 of the Revised Code and Chapters 102-7 and 102-9 of the Administrative Code, all personal information records of the commission will be maintained in accordance with Chapter 1347. of the Revised Code.
(B) The executive director will designate a staff member to be directly responsible for the personal information system. Such person will 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) Take reasonable precautions to protect personal information in the system from unauthorized modification, destruction, use, or disclosure.
(6) Assure the collection, maintenance and use of only personal information which is necessary and relevant to the functions the commission 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.
(7) 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.
Effective: 11/29/2007
R.C. 119.032 review dates: 07/19/2006 and 07/18/2011
Promulgated Under: 111.15
Statutory Authority: 1347.05, 1347.071
Rule Amplifies: 102.02, 102.03, 102.05, 102.07, Chapter 1347.
Prior Effective Dates: 2/23/76, 7/1677, 6/8/81, 1/1/02