Chapter 102-3 Advisory Opinions
(A) The commission may issue advisory opinions, as described in section 102.08 of the Revised Code related to ethics, conflicts of interest, financial disclosure, or any other topic covered by Chapter 102. of the Revised Code or section 2921.42 or 2921.43 of the Revised Code.
(B) Opinions can be formal, informal, or staff opinions.
(1) All formal advisory opinions, reviewed and voted on by the commission at an open meeting, will include the following;
(a) A syllabus summarizing the holding of the commission;
(b) A statement of facts upon which the conclusions are based. Such statement of facts need not disclose the name of any person;
(c) A discussion of the facts and the application of the law;
(d) A serial number indicating the year and the number of the advisory opinion rendered;
(e) The signature of the commission chair; and
(f) Any other requirements in the Revised Code.
(2) All informal opinions, written to an individual and reviewed and voted on by the commission at an open meeting, will include;
(a) A statement of facts upon which the conclusions are based; and
(b) A discussion of the facts and the application of the law.
(3) Staff opinions, based on prior formal or informal opinions of the commission, are not reviewed or voted on by the commission. Staff opinions will include;
(a) A statement of the facts upon which the conclusions are based;
(b) A discussion of the facts and the application of the law; and
(c) A statement that the staff opinion represents the views of the signing advisory attorney, based on the commission's past advisory opinions.
(C) Formal, informal, and staff opinions will provide the recipient, and any person similarly situated to the recipient, the immunity described in section 102.08 of the Revised Code, provided that the facts are fully disclosed and the recipient or similarly situated person fully complies with the guidance in the opinion.
(D) The commission will maintain a listing of all advisory opinions rendered.
119.032 review dates:
Promulgated Under: 111.15
Statutory Authority: 102.05
Rule Amplifies: 102.05, 102.07, 102.08
Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02, 2/26/12
(A) The commission may establish an advisory committee to assist in performing its advisory opinion authority. The advisory committee will be composed of fewer than four commission members.
(B) The advisory committee will meet to perform the following activities:
(1) Review and approve the priority list for responses to pending advisory opinion requests;
(2) Review requests for opinions to be answered by the commission;
(3) Review drafts of opinions to be presented to the commission; and
(4) Other duties as assigned by the commission or chair, or as determined by the committee..
(C) The advisory committee will not issue advisory opinions, but may approve content or format changes, as directed by the commission. Drafts reviewed and approved by the advisory committee are not commission advisory opinions until they are approved by the commission.
(A) Within its resources, the commission will answer all written requests for advice related to any topic covered by Chapter 102. of the Revised Code or section 2921.42 or 2921.43 of the Revised Code submitted to the commission.
(B) The commission will acknowledge receipt of all requests for advisory opinions.
(C) The commission will record all requests for advisory opinions in an annual log. The log will include:
(1) The date on which the request is received;
(2) The name of the requester;
(3) The public entity or entities involved; and
(4) A brief description of the question.
(D) The staff will periodically provide a list of pending requests to the advisory committee.
(A) Within its resources, the commission may provide assistance to any person who requests guidance on questions related to any topic covered by Chapter 102. of the Revised Code or sections 2921.42 and 2921.43 of the Revised Code, including requests made through telephone calls or electronic mail.
(B) Guidance provided by the commission in a telephone call or electronic mail is not an advisory opinion, and does not provide the recipient or other similarly situated person with the immunity of a written advisory opinion described in section 102.08 of the Revised Code.
(A) The commission will review all statements filed with the commission pursuant to the requirement in division (D) of section 102.04 of the Revised Code. If a statement is incomplete, or appears to be incorrect in any way, the commission will return the statement for completion or correction by the person who filed it.
(B) A statement is considered filed with the commission for purposes of division (D) of section 102.04 of the Revised Code when a signed statement is received by the commission that contains all of the requirements of that section.
(C) The commission will send an acknowledgment of receipt to every person who files a statement reflecting the information required in division (D) of section 102.04 of the Revised Code. The acknowledgment will remind the filer to send a copy of the statement to the agency the filer serves and to the agency to which the flier is providing goods or services or before which the filer is providing services for compensation.
(D) The commission will maintain a log of all statements filed with it pursuant to division (D) of section 102.04 of the Revised Code.
(E) Consistent with its retention schedule, the commission will retain all statements filed pursuant to division (D) of section 102.04 of the Revised Code.
(A) The commission will make all of its formal advisory opinions available on its web site.
(B) The commission will provide notice to all individuals who request it whenever an advisory opinion is added to the web site and will provide a link to the opinion.
(C) The commission will maintain an index of formal advisory opinions.
(A) Any person who receives an opinion can request that the commission reconsider the matter.
(B) When requesting reconsideration, the person must provide:
(1) Facts that were not before the commission or staff when the original request was considered and that would affect the conclusion reached in the original opinion; or
(2) A reason why the holding in the original opinion should be reversed or revised.
(C) All requests for reconsideration will be reviewed by the commission in an open meeting.