Chapter 102-3 Advisory Opinions

(A) The commission may issue advisory opinions, as described in section 102.08 of the Revised Code relating 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) All formal advisory opinions rendered by the commission will include the following:

(1) A syllabus summarizing the holding of the commission;

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

(3) A discussion of the facts and law that conclude in the holding of the commission;

(4) A serial number indicating the year and the number of the advisory opinion rendered; and

(5) All other requirements set forth in section 102.08 of the Revised Code.

(C) The commission will maintain a listing of all advisory opinions rendered.

Replaces: 102-1-03

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, 102.07, 102.08

Prior Effective Dates: 2/23/76, 7/16/77, 6/8/81, 1/1/02

(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) Prioritize pending advisory opinion requests;

(2) As necessary, review requests for opinions to be answered by the commission;

(3) As necessary, review drafts of opinions to be presented to the commission; and

(4) Other duties as assigned by the commission.

(C) The advisory committee will not issue advisory opinions, but may approve content or format changes, as directed 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: 102.05, 102.08

Prior Effective Dates: 1/1/02

(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 commission will review and approve all formal and informal opinions before issuance.

(E) All formal opinions will bear the signature of the commission chair.

(F) The commission will provide copies of formal opinions, on a periodic basis, to all persons who have requested such copies, and will maintain a list of those persons.

(G) The commission will make all of its formal advisory opinions available on its web site.

(H) The commission will maintain an index of formal advisory opinions.

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, 102.08

Prior Effective Dates: 1/1/02

(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 immunity of a written advisory opinion issued pursuant to section 102.08 of the Revised 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, 102.08

Prior Effective Dates: 1/1/02

(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 filer 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.

Effective: 11/29/2007

R.C. 119.032 review dates: 07/19/2006 and 07/18/2011

Promulgated Under: 111.15

Statutory Authority: 102.05

Rule Amplifies: 102.04, 102.05

Prior Effective Dates: 1/1/02