agency-101•Ohio Administrative Code 101 — Joint Legislative Ethics Committee
agency-101Ohio Adm.Code 101Regulation1 de jan. de 1900
(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.
Last updated May 23, 2023 at 9:05 AM
History
(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.
Last updated May 23, 2023 at 9:05 AM
History
(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.
Last updated May 23, 2023 at 9:05 AM
History
(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.
Last updated May 23, 2023 at 9:05 AM
History
(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.
Last updated May 23, 2023 at 9:05 AM
History
(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.
Last updated May 23, 2023 at 9:06 AM
History
This regulation is adopted pursuant to division (B) of section 102.02 of the Revised Code, which reads in pertinent part as follows:
The joint legislative ethics committee, using the rule-making procedures of Chapter 119. of the Revised Code, may require any class of public officials or employees whose positions involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws and rules of the state or a county or city, or the execution of other public trusts, to file an annual statement on or before the fifteenth day of May, or if appointed after such date, within ninety days after appointment.
(A) The joint legislative ethics committee finds that the following do hold positions which involve a substantial and material exercise of administrative discretion in the formulation of public policy, expenditure of public funds, enforcement of laws, rules, and regulations of the state, or the execution of other public trusts and, by reason whereof, the joint legislative ethics committee hereby requires said staff members and employees to file an annual financial disclosure statement on or before the fifteenth day of May of each year on a form prescribed by the committee:
(1) The chief of staff of the senate;
(2) The chief of staff of the majority caucus of the house of representatives;
(3) The chief of staff of the minority caucus of the senate;
(4) The chief of staff of the minority caucus of the house of representatives;
(5) The senate clerk;
(6) The house clerk;
(7) The deputy chief of staff of the senate;
(8) The majority director of communications and constituent services for the senate;
(9) The chief administrative officer of the house of representatives;
(10) The legal counsel for the majority caucus of the senate;
(11) The legal counsel of the majority caucus of the house of representatives;
(12) The majority director of budget and finance for the senate;
(13) The budget director for the house of representatives;
(14) The executive directors of the legislative service commission, joint education oversight committee, joint medicaid oversight committee, legislative information systems, correctional institution inspection committee, joint legislative ethics committee, and joint committee on agency rule review.
(B) Said form prescribed by the committee under this rule shall solicit the information described in division (A) of section 102.02 of the Revised Code.
(C) The committee shall send such persons written notice of this requirement by the fifteenth day of February of each year the filing is required, unless such person is appointed after such date, in which case the notice shall be sent within thirty days after appointment and the filing shall be made not later than ninety days after appointment.
(D) The requirements established by this rule shall apply to comparable positions which may be created by either the senate or the house of representatives in the future.
(E) A financial disclosure statement filed pursuant to this rule shall be subject to public inspection.
(F) The committee may for good cause extend, for a reasonable time, the deadline for filing a financial disclosure statement pursuant to this rule.
(G) No person shall knowingly fail to file a statement as required by this rule.
(H) Persons failing to comply with this rule shall be prosecuted in accordance with the provisions of Chapter 102. of the Revised Code.
Last updated May 23, 2023 at 9:06 AM
History
(A) "Chairman" means the member of the committee appointed as chairman pursuant to section 101.34 of the Revised Code.
(B) "Charge" means any accusation or other information, from any source, which alleges or indicates that a violation of Chapter 102. of the Revised Code may have occurred.
(C) "Committee" means the joint legislative ethics committee created pursuant to section 101.34 of the Revised Code.
(D) "Complainant" means any person, including the committee, a member of the committee, or a member of the staff of the committee, who has filed a complaint with the committee.
(E) "Complaint" means a formal complaint filed with or initiated by the committee in accordance with section 102.06 of the Revised Code, concerning conduct alleged to be in violation of Chapter 102. of the Revised Code.
(F) "Executive director" means the executive director appointed by the committee pursuant to section 101.34 of the Revised Code.
(G) "Party" means the committee, the respondent, and their representatives.
(H) "Representative" means any person whom the committee 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 behalf before the committee.
(I) "Respondent" means a person against whom a complaint has been filed with the committee.
Last updated May 23, 2023 at 9:06 AM
History
The jurisdiction of the joint legislative ethics committee is derived from Chapters 101. and 102. of the Revised Code.
Last updated May 23, 2023 at 9:06 AM
History
Any complaint, charge, inquiry, or investigation relating to the proceedings of the committee shall be private and confidential, and all papers, records, affidavits and documents relating to such matters shall be sealed, except as otherwise provided in this chapter.
Last updated May 23, 2023 at 9:06 AM
History
(A) The committee shall investigate all complaints and may investigate charges.
(B) The committee may request additional information if the information sought is directly relevant to a complaint or charges received by the committee. The committee may request the specific amount of income from a source from any person filing with the committee a financial disclosure statement required under section 102.02 of the Revised Code.
(1) Such information is confidential
(2) A person from whom information is requested under this paragraph shall furnish the information to the committee, unless within fifteen days after the date of the request the person files an action for declaratory judgment challenging the legitimacy of the committee's request in the court of common pleas of his county of residence or employment, or of Franklin county. The required information need not be furnished during the pendency of the judicial proceeding and, except as otherwise provided in section 102.06 of the Revised Code and this chapter, proceedings of the committee in connection with such actions shall be confidential.
(C) The executive director shall report to the committee on each investigation. The report shall include a recommendation for action by the committee.
Last updated May 23, 2023 at 9:06 AM
History
(A) The committee shall receive and may initiate complaints concerning conduct alleged to be in violation of Chapter 102. of the Revised Code against persons for whom the committee is the "appropriate ethics committee" under division (F)(1) of section 102.01 of the Revised Code.
(B) The committee shall take no formal action against any person unless a complaint has been filed against that person. All complaints, except those by the committee, shall be by affidavit made on personal knowledge, subject to the penalties of perjury. Complaints by the committee shall be by affidavit, based upon reasonable cause to believe that a violation has occurred.
(C) A complaint shall be in writing, and shall include the following:
(1) The name, address, and public position of the person against whom the complaint is filed.
(2) A citation of the specific provision of Chapter 102. of the Revised Code alleged to have been violated.
(3) A statement of the essential facts constituting the offense charged.
(4) The name, address, and signature of the person filing the complaint.
(5) The complaint shall be sworn before a notary public or other person authorized to take oaths.
(D) A complaint shall be considered filed when it is received by the chairman. The chairman shall mark the date and time the complaint is received and acknowledge receipt of the complaint with his signature.
(E) The chairman shall identify complaints that are not within the jurisdiction of the committee, complaints not supported by affidavit made on personal knowledge, and complaints otherwise determined to be incomplete or technically defective, and shall return such complaints to the complainant with an explanation of each defect and, if appropriate, a description of the steps necessary to correct any technical defect. The chairman shall present to the committee all complaints to be returned under this paragraph, prior to its return.
(F) The committee shall consider each complaint to determine whether the complaint is frivolous, and whether there is reasonable cause to believe that the facts alleged in the complaint constitute a violation of section 102.02, 102.03, 102.031 or 102.04 of the Revised Code. If the committee determines that the complaint is not frivolous and that there is reasonable cause to believe that the facts alleged in the complaint constitute a violation of section 102.02, 102.03, 102.031 or 102.04 of the Revised Code, it shall hold a hearing. The chairman of the committee shall promptly notify the respondent, in accordance with paragraph (H) of this rule, that a complaint has been filed, and enclose a copy of the complaint. If the committee does not so find, it shall dismiss the complaint.
(G) The committee shall schedule a hearing within forty-five days of the filing of the complaint under paragraph (D) of this rule. If the committee has not scheduled a hearing within ninety days after the complaint is filed, it shall dismiss the complaint, and upon the request of the accused, make a public report of that finding, but all evidence and the record shall remain confidential unless the accused person also requests that such evidence and the record be made public.
(H) The respondent shall be given reasonable notice of the date, time, and place of the hearing, and a statement of the charges and the law directly involved. Notice shall be made by certified mail, or by delivering a copy to the respondent personally or by leaving it at his usual place of residence with some person of suitable age and discretion then residing therein. Notice shall be mailed or delivered not later than twenty days prior to the date of the hearing.
(I) The respondent shall be given the opportunity to be represented by counsel, to have counsel appointed for him if he is unable to afford counsel without undue hardship, to examine the evidence against him, to produce evidence, and to call and subpoena witnesses.
(J) Each complaint, except a complaint returned under paragraph (E) of this rule, shall be assigned a number, and such number, the name of the complainant and the respondent, a brief description of the complaint, and any subsequent action on the complaint shall be recorded in a permanent ledger.
Last updated May 23, 2023 at 9:06 AM
History
(A) Representatives shall enter their appearances in writing.
(B) A person who has entered an appearance as the representative of a party is that party's representative of record until a written withdrawal is filed with the committee.
Last updated May 23, 2023 at 9:06 AM
History
(A) The committee shall rule on motions, or may designate the chairman or other member of the committee to rule on motions.
(B) All motions shall state, with particularity, both the relief sought by the moving party and the basis for granting such relief.
(C) All motions prior to the hearing shall be in writing, and shall be served together with supporting documentation on the opposing party or his representative.
Last updated May 23, 2023 at 9:06 AM
History
(A) The committee may continue a hearing upon its own motion or the motion of any party.
(1) Requests for continuance shall be addressed to the chairman of the committee.
(2) Requests for continuance shall be made, in writing, not later than three calendar days prior to the scheduled date of the hearing.
(3) Each party shall contact all of the witnesses he has subpoenaed and inform them of any continuance.
(B) If a continuance is granted, the committee shall establish a new hearing date, and the time within which a hearing must be held shall be extended by the period of any continuance granted.
(C) Absent compelling circumstances, hearings shall not be continued due to the unavailability of a subpoenaed witness. The committee may hold the record open or accept a deposition in lieu of oral testimony.
Last updated May 23, 2023 at 9:06 AM
History
(A) The committee may issue subpoenas to any person in the state compelling the attendance of witnesses and the production of relevant papers, books, accounts, and records.
(B) The committee shall issue any such subpoena upon the written requests of a party.
(C) Upon the motion and for good cause shown, the committee may quash any subpoena at any time prior to the hearing.
(D) Requests for subpoenas must be received by the committee not later than seven days before the date of the hearing.
(E) Subpoenas shall be served personally or by certified mail, return receipt requested, by the committee or its designee.
Last updated May 23, 2023 at 9:07 AM
History
(A) Upon the written request of the opposing party, a party shall supply, within seven calendar days of his receipt of the request, a list of the witnesses and the documents he intends to introduce at the hearing.
(B) Upon the written request of the opposing party, a party shall, within seven calendar days of his receipt of the request, permit the opposing party to view and copy, at his own expense, any evidence against him.
(C) Requests for lists for the examination of documents must be received by the party from whom information is sought not later than ten calendar days before the hearing.
(D) If a party fails, without good cause, to comply with this rule, such testimony or documents may, upon motion of the adversely affected party, be excluded from hearing before the committee. The committee shall determine whether a party has complied with this rule.
(E) The committee may continue hearings to permit discovery under this rule.
(F) A party may take the deposition of any witness residing within or without the state in the same manner as prescribed by law for the taking of depositions in civil actions in a court of common pleas. The cost of depositions taken under this paragraph shall be borne by the party calling the witness.
(G) A representative's work product is not subject to discovery.
Last updated May 23, 2023 at 9:07 AM
History
The committee may admit any relevant evidence that is determined to be reliable, probative, and substantial.
Last updated May 23, 2023 at 9:07 AM
History
(A) The committee shall schedule a hearing within forty-five days after the filing of a complaint unless a continuance is granted.
(B) The respondent shall be given the opportunity to be represented by counsel, to have counsel appointed for him if he is unable to afford counsel without undue hardship, to examine the evidence against him, to produce evidence and to call and subpoena witnesses in his defense, to confront his accusers, and to cross-examine witnesses.
(C) All witnesses at any hearing before the committee shall testify under oath or affirmation. A witness may be accompanied and advised by legal counsel. Participation by such counsel shall be limited to protection of his client's rights. Counsel for a non-party witness may neither examine nor cross-examine any witness.
(D) If, upon a preponderance of the evidence considered at the hearing, the committee finds that the facts alleged in the complaint are true and constitute a violation of section 102.02, 102.03, 102.031 or 102.04 of the Revised Code, it shall report its findings to the appropriate prosecuting authority and to the appointing or employing authority of the respondent.
(E) If the committee does not find, on the basis of a preponderance of the evidence, that the facts alleged in the complaint are true and constitute a violation of section 102.02, 102.03, 102.031 or 102.04 of the Revised Code, it shall dismiss the complaint.
(F) If a complaint is dismissed, the committee shall, upon the request of the respondent, make a public report of its findings. In such case all evidence and the record of the hearing shall remain confidential unless the respondent requests, in writing, that the evidence and record be made available for public inspection at the office of the committee.
(G) Except as otherwise provided in this rule, all papers, records, affidavits, and documents upon any complaint, inquiry, or investigation relating to the proceedings of the committee shall be sealed and are private and confidential.
(H) A stenographic record shall be made of all hearings conducted under section 102.06 of the Revised Code and this chapter.
(I) All hearings held under authority of section 102.06 of the Revised Code and this chapter shall be closed to the public.
Last updated May 23, 2023 at 9:07 AM
History
The committee may require briefs from the parties.
Last updated May 23, 2023 at 9:07 AM
History
(A) The date of occurrence of the event causing time to run is not counted in the computation of any time limit under this chapter. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day.
(B) The committee may extend the time for filing or responding to motions and briefs. Requests for extension of time shall be made, in writing, prior to the expiration of any time limit.
Last updated May 23, 2023 at 9:07 AM
History
The purpose of Chapter 101-9 of the Administrative Code is to clarify and implement the provisions of sections 101.70 to 101.79 and 101.99 of the Revised Code. As used in this chapter of the Administrative Code and sections 101.70 to 101.79 and 101.99 of the Revised Code:
(A) "Employer" means any person who, directly or indirectly, engages a legislative agent. Employer does not include any person:
(1) Who is a member of a business, trade, professional, civic or other membership organization which employs a legislative agent; and
(2) Who does not directly employ a legislative agent.
(B) "Immediate family" means a spouse residing in the person's household and any dependent child.
(C) "Staff" means any state employee whose official duties are to formulate policy and who exercises administrative or supervisory authority or who authorizes the expenditure of state funds. "Staff" is limited to employees who are required to file a financial disclosure statement under section 102.02 of the Revised Code.
(D) "Expenditure" does not include any of the following:
(1) Any publication of a trade, industry, government, or professional association; or
(2) Any thing of value where the value of such item does not exceed twenty-five dollars, excluding meals and other food and beverages.
Last updated May 23, 2023 at 9:07 AM
History
The purpose of Chapter 101-11 of the Administrative Code is to clarify and implement the provisions of sections 121.60 to 121.68, and section 121.99 of the Revised Code. As used in this chapter of the Administrative Code and sections 121.60 to 121.68, and section 121.99 of the Revised Code.
(A) "Employer" means any person who, directly or indirectly, engages an executive agency lobbyist. Employer does not include any person:
(1) Who is a member of a business, trade, professional, civic or other membership organization which employs an executive agency lobbyist; and
(2) Who does not directly employ an executive agency lobbyist.
(B) "Executive agency decision" means a decision of an executive agency regarding the expenditure of funds of the state or of an executive agency with respect to the award of a contract, grant, lease, or other financial arrangement under which such funds are distributed or allocated, or a regulatory decision of an executive agency or any board or commission of the state. "Executive agency decision" does not include either of the following:
(1) A purchasing decision for which a vendor has filed a statement certifying that he has not made campaign contributions in an amount such that section 3517.13 of the Revised Code would invalidate the decision, if that vendor has not engaged an executive agency lobbyist; or
(2) The award of a competitively bid contract for which bid specifications were prepared and for which at least three eligible competitive bids were received by the executive agency.
(C) "A regulatory decision of an executive agency or any board or commission of the state" means a decision made by an agency, board or commission which has broad, universal application to all persons under the jurisdiction of such agency, board or commission. Such regulatory decision specifically includes the adoption of an administrative rule, bulletin, directive, or other policy statement or guideline, formal or informal, which the executive agency or board or commission intends to apply generally to all persons under the jurisdiction of such agency, board or commission, but does not include the decision of an executive agency or board or commission which is made solely with respect to one or more persons named in a particular case or similar matter.
(D) "Appearances" means the attendance at public hearings of the committees of the General Assembly, at court proceedings at rule-making or adjudication proceedings or at other public meetings to give oral or written testimony. The exception created in division (A)(1) of section 121.66 of the Revised Code is limited to the presentation of oral or written testimony at a public hearing or meeting and does not exempt other contacts, except those made for the sole purpose of gathering information contained in a public record, with public officials to influence executive agency decisions or conduct executive agency lobbying activity.
(E) "Immediate family" means a spouse residing in the person's household and any dependent child.
(F) "Staff" means any state employee whose official duties are to formulate policy and who exercises administrative or supervisory authority or who authorizes the expenditure of state funds. "Staff" is limited to employees who are required to file a financial disclosure statement under section 102.02 of the Revised Code.
(G) "Expenditure" does not include any of the following:
(1) Any publication of a trade, industry, government, or professional association; or
(2) Any thing of value where the value of such item does not exceed twenty-five dollars, excluding meals and other food and beverages.
Last updated May 23, 2023 at 9:08 AM
History
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.