ESCs and the Ohio Revised Code
Statutory Requirements for ESCs
This document highlights those sections of the Ohio Revised Code applicable to educational
service centers (ESCs) and is intended to serve as a resource tool for OESCA Membership.
This document is for informational purposes only and serves as a guidance tool for the
OESCA Membership. OESCA accepts no liability for the consequences of any actions taken
on the basis of the information provided herein. Before taking any actions related to
information contained within this document, parties should consult legal counsel.
Information was obtained from the Ohio Revised Code online through LaWriter ® at
http://codes.ohio.gov/orc
TABLE OF CONTENTS
CODE DESCRIPTION
PAGE
CHAPTER 102:
PUBLIC OFFICERS -- ETHICS
102.02
Financial disclosure statement filed with ethics commission.
10 - 15
102.09
Furnishing financial disclosure form to candidates.
16
CHAPTER 117:
AUDITOR OF STATE
117.102
Auditor review of school health and safety inspection reports.
17
CHAPTER 121:
STATE DEPARTMENTS
121.22
Public meetings – exceptions.
18 - 22
CHAPTER 133:
UNIFORM PUBLIC SECURITIES LAW
133.07
Net indebtedness of county - certain securities not considered in
calculation.
23 - 25
CHAPTER 135:
UNIFORM DEPOSITORY ACT
135.04
Eligibility for state deposits - warrant clearance accounts.
26 - 27
135.12
Designating depositories biennially.
28
CHAPTER 2923:
CONSPIRACY, ATTEMPT, AND COMPLICITY;
WEAPONS CONTROL; CORRUPT ACTIVITY
2923.1212
Signage prohibiting concealed handguns.
29 - 30
CHAPTER 3301:
DEPARTMENT OF EDUCATION
3301.07
State board of education - powers and duties.
31 - 33
3301.075
Purchase and lease of data processing services and equipment - Ohio
education computer network.
34
3301.0713
Education management information system advisory board.
35 - 36
2
3301.0714
Guidelines for statewide education management information system.
37 - 44
3301.16
State board to classify and charter school districts and individual
schools within each district.
45
3301.541
Criminal records check.
46 - 48
CHAPTER 3302:
PERFORMANCE STANDARDS
3302.04 Three-year
continuous
improvement
plan - intervention by department
- site evaluations.
49 - 53
3302.07
Application proposing innovative education pilot program.
54
CHAPTER 3307:
STATE TEACHERS RETIREMENT SYSTEM
3307.78
Purchasing credit for service as school board member.
55
CHAPTER 3309:
PUBLIC SCHOOL EMPLOYEES RETIREMENT
SYSTEM
3309.012
Board member to elect whether to become member of system.
56
3309.311
Purchasing credit for service as school board member.
57
CHAPTER 3311:
SCHOOL DISTRICTS; COUNTY PLANNING
3311.05
Educational service center defined - county school financing district.
58
3311.053
Joint educational service center.
59 - 60
3311.054
Membership of governing board of joint service center.
61 - 62
3311.055
School board, board of education and school district construed.
63
3311.056
Plan for adding appointed members to board.
64
3311.057
Service center board following merger.
65
3311.058
When merger to achieve minimum average daily membership not
required.
66
3311.059
Annexing local school district to territory of another educational
service center in lieu of transfer.
67 - 68
3311.08
School districts that may become exempt from board supervision –
census.
69
3311.10
Change of classification upon reduction of population in village school
district – exception.
70
3311.16
Plan for joint vocational school district.
71
3311.19
Joint vocational school district board of education.
72 - 73
3311.213
Procedure for district to join existing joint vocational school district.
74 - 75
3311.22
Transfer of school district territory.
76 - 78
3311.231
Transferring local school district territory to adjoining service center or
city or exempted village school district.
79 - 81
3311.26
New local school district may be created.
82 - 83
3311.37
State board may propose creation of new district.
84 - 85
3311.38
State board may propose transfers of districts.
86 - 87
3311.52
Establishment of cooperative education school district - dissolution of
county school financing district.
90 - 92
3311.53
Resolution proposing to become part of cooperative education school
district.
93
CHAPTER 3312:
EDUCATIONAL REGIONAL SERVICE SYSTEM
3312.01
Educational regional service system created.
94 - 95
3312.03
Regional advisory councils.
96 - 97
3312.05
Subcommittees of regional councils.
98
3312.07
Selection of fiscal agent for region.
99
3312.08
Duties of regional fiscal agent - performance contracts.
100
3312.11
State regional alliance advisory board.
101 - 102
CHAPTER 3313:
BOARDS OF EDUCATION
3313.01
Membership of board of education or governing board of service
center.
103
3313.12
Compensation and mileage.
104
3313.14
Annual organizational meeting.
105
3313.172
Purchase, lease, or lease-purchase of motor vehicles.
106
3313.173
Reward for information on person who commits violation of law.
107
3313.174
Business advisory councils.
108
3313.18
Quorum - recording of votes - adoption of annual appropriation
resolution.
109
3313.20
Rules - locker search policy - professional meetings.
110
3313.208
School district participation in provision of latchkey programs.
111
3313.22
Appointment of treasurer - re-employment -- evaluation.
112 - 113
3313.222
Agreement of districts to jointly employ treasurer.
114
3313.23
Absence or incapacitation of treasurer.
115
3313.24
Compensation of treasurer.
116
3313.261
Treasurer to notify board of elections of changes in boundaries.
117
3313.31
Treasurer to perform all duties relating to moneys.
118
3313.35
Legal adviser of boards of education and governing board of an
educational service center.
119
3313.37
Rules - written policies regarding locker searches and employee
attendance at professional meetings.
120 - 121
3313.371
Governing board of service center may borrow money to purchase
computer equipment.
122
3313.375
Lease-purchase agreement for building or improvements to building.
123
3313.376
Service centers may jointly purchase commodities.
124
3313.42
School district of this state and another state may maintain a school
jointly.
125
4
provided.
3313.60
Prescribed curriculum.
127 - 128
3313.602
Pledge of allegiance - principles of democracy and ethics - Veterans'
day observance.
129
3313.605
Community service education program.
130 - 131
3313.64
Free schooling - tuition for nonresidents.
132 - 139
3313.751
Prohibition against tobacco possession or use.
140
3313.76
Schoolhouses available for educational and recreational purposes.
141
3313.841
Sharing on cooperative basis services of supervisory, special
instruction, and special education teachers.
142
3313.843
Agreement for educational service center to provide services to city or
exempted village district.
143
3313.844
Agreement for providing educational service center services to
community school.
144
3313.845
Additional agreement for educational service center to provide services
to school district.
145
3313.85
Failure of board of education or governing board to perform duties or
fill vacancy.
146
3313.96
Informational programs relative to missing children - fingerprinting
program.
147 - 148
CHAPTER 3314:
COMMUNITY SCHOOLS
3314.02
Proposal for converting public school to community school.
149 - 152
3314.022
Contract for provisions of services for disabled student.
153
3314.03
Specifications of contract between sponsor and governing authority -
specifications of comprehensive plan.
154 - 158
3314.05
Specification of use and acquisition of facilities.
159 - 160
3314.10
Teachers and nonteaching employees.
161 - 163
3314.99
Penalty.
164
CHAPTER 3315:
SCHOOL FUNDS
3315.06
Governing board of service center - powers and duties.
165
3315.07
Instructional program for employees - supplies and equipment for local
school districts.
166
3315.09
Contracts for special instruction.
167
3315.15
Service fund set aside.
168
3315.33
Ohio scholarship fund for teacher trainees.
169
3315.40
Board may establish education foundation fund.
170
CHAPTER 3317:
FOUNDATION PROGRAM
3317.01
School foundation program - eligibility - administration of funds.
171 - 173
3317.024
Appropriating moneys for education programs.
174 - 175
3317.031
Membership record for each pupil - mandatory compliance.
186
3317.032
Membership record of handicapped preschool children.
187
3317.05
Calculating payments of approved vocational education units.
188 - 189
3317.051
Approval of funding for units in one school district - transfer of units.
190
3317.052
Payments based on handicapped preschool, special education and
vocational education units.
191
3317.053
Supplemental unit allowance.
192 - 193
3317.061
Annual report on teaching staff.
194
3317.09
State and federal moneys to account for and coded - annual statistical
report.
195
3317.11
Supervisory services.
196 - 198
3317.13
Minimum salary schedule for teachers.
199 - 200
3317.14
Boards to annually adopt teachers' salary schedule.
201
3317.15
Handicapped children - speech-language pathology and psychological
services.
202
CHAPTER 3319: SCHOOLS --
SUPERINTENDENT; TEACHERS; EMPLOYEES
3319.01
Superintendent of an educational service center - appointment and
duties.
203 - 204
3319.011
Superintendent pro tempore.
205
3319.02
Assistant superintendents and other administrators.
206 - 208
3319.07
Employment of teachers.
209
3319.072
Lunch period for teachers.
210
3319.073
In-service training in child abuse prevention programs.
211
3319.08
Contracts for employment or reemployment of teachers.
212 - 213
3319.11
Continuing service status - limited contract - notice of intent not to
re-employ.
214 - 218
3319.142
Personal leave for nonteaching employees.
219
3319.17
Reduction in number of teachers - restoration.
220 - 221
3319.171
Administrative personnel suspension policy.
222
3319.172
Reasonable reductions in nonteaching employees.
223
3319.19
Offices of educational service center superintendent and governing
board.
224 - 226
3319.224
Contracts for speech and language or audiology services.
227
3319.225
Temporary educator license for superintendent or other administrator.
228
3319.28
Provisional educator license for STEM school teacher.
229 - 230
3319.313
Information concerning improper conduct by licensed employee.
231 - 232
3319.314
Report of improper conduct investigation kept in personnel file.
233
3319.317
False report of employee misconduct prohibited.
234 - 235
3319.32
Records to be kept by superintendents and teachers of all schools -
reports.
236
6
3319.36
Requirements for payment of teacher for services.
238
3319.37
Appointment of persons to make reports for treasurer or executive
head - compensation.
239
3319.39
Criminal records check.
240 - 242
3319.391
Applicants and new hires subject to criminal records check provisions.
243
3319.392
Criminal records check of private contract employee.
244 - 245
3319.99
Penalty.
246
CHAPTER 3321:
SCHOOL ATTENDANCE
3321.01
Compulsory school age - requirements for admission to kindergarten
or first grade - pupil personnel services committee.
247 - 249
3321.04
Scope of obligation.
250 - 251
3321.13
Duties of teacher and superintendent upon withdrawal or habitual
absence of child from school - forms.
252 - 253
3321.15
Educational service center attendance officer and assistants.
254
3321.19
Examination into cases of truancy - failure of parent, guardian or
responsible person to cause child's attendance at school.
255 - 256
3321.191
Board to adopt policy regarding habitual truancy - intervention
strategies.
257
CHAPTER 3323:
EDUCATION OF CHILDREN WITH DISABILITIES
3323.021
Agreement or contract to provide educational services to disabled
child.
258
3323.08
Districts to submit implementation plans - interdistrict contracts.
259 - 260
3323.31
Center for autism and low incidence disabilities.
261
3323.33
Center for autism and low incidence advisory board.
262
CHAPTER 3324:
GIFTED STUDENTS
3324.06
Adoption and distribution district policy statement.
263
CHAPTER 3326:
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS SCHOOLS
3326.45
STEM school may contract for provision of services.
264
3326.99
Penalty.
265
CHAPTER 3327:
TRANSPORTATION; TUITION
3327.02
Resolution declaring impracticality of transportation - offer of
payment in lieu of transportation.
266 - 267
3327.10
Qualifications of drivers.
268 - 270
CHAPTER 3329:
TEXTBOOKS, ELECTRONIC TEXTBOOKS
CHAPTER 3331:
AGE AND SCHOOLING CERTIFICATES
3331.01
Issuance of certificates.
272
CHAPTER 3357:
TECHNICAL COLLEGES
3357.02
Technical college district.
273 - 274
3357.021
Expansion of district.
275
3357.05
Appointment of board of trustees.
276 - 277
3357.09
Powers and duties of board of trustees.
278 - 279
CHAPTER 3513:
PRIMARIES; NOMINATIONS
3513.04
Filing declaration of candidacy.
280
3513.041
Write-in votes.
281 - 282
3513.052
Candidacy for more than one office at a time prohibited.
283 - 287
3513.10
Filing fees.
288 - 289
3513.251
Nomination for officers of municipal corporation.
290
3513.253
Nomination for officers of township.
291
3513.254
Nomination for members of board of education.
292
3513.255
Petitions for member of governing board of educational service center.
293
3513.256
Procedures for a nonpartisan primary election.
294
3513.257
Independent candidates statements of candidacy and nominating
petitions.
295 - 296
3513.261
Nominating petition form and fee.
297 - 299
CHAPTER 3701:
DEPARTMENT OF HEALTH
3701.933
Written plan for abatement of hazardous conditions.
300
CHAPTER 3734:
SOLID AND HAZARDOUS WASTES
3734.62
Purchase of mercury-added measuring device for classroom use.
301
CHAPTER 3737:
FIRE MARSHAL; FIRE SAFETY
3737.73
Prohibition against failure to instruct pupils in fire drills and tornado
safety precautions.
302 - 303
CHAPTER 4115:
WAGES AND HOURS ON PUBLIC WORKS
4115.04
Determination of prevailing wage - exceptions.
304
4115.34
Procurement lists.
305
CHAPTER 4117:
PUBLIC EMPLOYEES' COLLECTIVE BARGAINING
4117.101
Prohibiting agreements contrary to community school provisions.
306
CHAPTER 4123:
8
WORKERS' COMPENSATION
4123.35
Payment of premiums by employers.
307 - 317
CHAPTER 4508:
DRIVER TRAINING SCHOOLS
4508.01
Driver training school definitions.
318
4508.021
Dissemination of information regarding anatomical gifts and
anatomical gift procedures.
319 - 320
CHAPTER 4715:
DENTISTS; DENTAL HYGIENISTS
4715.22
Supervision of licensed dentist.
321 - 323
CHAPTER 4765:
DIVISION OF EMERGENCY MEDICAL SERVICES
4765.55
Fire service training programs.
324 - 325
CHAPTER 5126:
COUNTY BOARDS OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
5126.04
Planning and setting priorities.
326 - 327
5126.99
Penalty.
328
CHAPTER 5153:
COUNTY CHILDREN SERVICES
5153.99
Penalty.
329
CHAPTER 5502:
DEPARTMENT OF PUBLIC SAFETY
5502.61
Criminal justice services definitions.
330 - 331
CHAPTER 5513:
MATERIALS -- PURCHASE; SALE; EXCHANGE
5513.04
Disposition of property unfit for use or not needed by department of
transportation.
332 - 333
CHAPTER 5705:
TAX LEVY LAW
5705.01
Tax levy law definitions.
334 - 335
5705.215
County school financing district levy.
336 - 338
CHAPTER 5735:
MOTOR FUEL TAX
9
CODE: 102.02
Financial disclosure statement filed with ethics commission.
(A) Except as otherwise provided in division (H) of this section, all of the following shall file with the appropriate ethics commission the disclosure statement described in this division on a form prescribed by the appropriate commission: every person who is elected to or is a candidate for a state, county, or city office and every person who is appointed to fill a vacancy for an unexpired term in such an elective office; all members of the state board of education; the director, assistant directors, deputy directors, division chiefs, or persons of equivalent rank of any administrative department of the state; the president or other chief administrative officer of every state institution of higher education as defined in section 3345.011 of the Revised Code; the executive director and the members of the capitol square review and advisory board appointed or employed pursuant to section 105.41 of the Revised Code; the chief executive officer and the members of the board of each state retirement system; each employee of a state retirement board who is a state retirement system investment officer licensed pursuant to section 1707.163 of the Revised Code; the members of the Ohio retirement study council appointed pursuant to division (C) of section 171.01 of the Revised Code; employees of the Ohio retirement study council, other than employees who perform purely administrative or clerical functions; the administrator of workers’ compensation and each member of the bureau of workers’ compensation board of directors; the bureau of workers’ compensation director of investments; the chief investment officer of the bureau of workers’ compensation; the director appointed by the workers’ compensation council; all members of the board of commissioners on grievances and discipline of the supreme court and the ethics commission created under section 102.05 of the Revised Code; every business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or an educational service center; every person who is elected to or is a candidate for the office of member of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district or of a governing board of an educational service center that has a total student count of twelve thousand or more as most recently determined by the department of education pursuant to section 3317.03 of the Revised Code; every person who is appointed to the board of education of a municipal school district pursuant to division (B) or (F) of section 3311.71 of the Revised Code; all members of the board of directors of a sanitary district that is established under Chapter 6115. of the Revised Code and organized wholly for the purpose of providing a water supply for domestic, municipal, and public use, and that includes two municipal corporations in two counties; every public official or employee who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code; members of the board of trustees and the executive director of the southern Ohio agricultural and community development foundation; and every other public official or employee who is designated by the appropriate ethics commission pursuant to division (B) of this section.
The disclosure statement shall include all of the following:
(1) The name of the person filing the statement and each member of the person’s immediate family and all names under which the person or members of the person’s immediate family do business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this section and except as otherwise provided in section 102.022 of the Revised Code, identification of every source of income, other than income from a legislative agent identified in division (A)(2)(b) of this section, received during the preceding calendar year, in the person’s own name or by any other person for the person’s use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. If the person filing the statement is a member of the general assembly, the statement shall identify the amount of every source of income
received in accordance with the following ranges of amounts: zero or more, but less than one thousand dollars; one thousand dollars or more, but less than ten thousand dollars; ten thousand dollars or more, but less than twenty-five thousand dollars; twenty-five thousand dollars or more, but less than fifty thousand dollars; fifty thousand dollars or more, but less than one hundred thousand dollars; and one hundred thousand dollars or more. Division (A)(2)(a) of this section shall not be construed to require a person filing the statement who derives income from a business or profession to disclose the individual items of income that constitute the gross income of that business or profession, except for those individual items of income that are attributable to the person’s or, if the income is shared with the person, the partner’s, solicitation of services or goods or performance, arrangement, or facilitation of services or provision of goods on behalf of the business or profession of clients, including corporate clients, who are legislative agents. A person who files the statement under this section shall disclose the identity of and the amount of income received from a person who the public official or employee knows or has reason to know is doing or seeking to do business of any kind with the public official’s or employee’s agency.
(b) If the person filing the statement is a member of the general assembly, the statement shall identify every source of income and the amount of that income that was received from a legislative agent during the preceding calendar year, in the person’s own name or by any other person for the person’s use or benefit, by the person filing the statement, and a brief description of the nature of the services for which the income was received. Division (A)(2)(b) of this section requires the disclosure of clients of attorneys or persons licensed under section 4732.12 of the Revised Code, or patients of persons certified under section 4731.14 of the Revised Code, if those clients or patients are legislative agents. Division (A)(2)(b) of this section requires a person filing the statement who derives income from a business or profession to disclose those individual items of income that constitute the gross income of that business or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of this section, division (A)(2)(a) of this section applies to attorneys, physicians, and other persons who engage in the practice of a profession and who, pursuant to a section of the Revised Code, the common law of this state, a code of ethics applicable to the profession, or otherwise, generally are required not to reveal, disclose, or use confidences of clients, patients, or other recipients of professional services except under specified circumstances or generally are required to maintain those types of confidences as privileged communications except under specified circumstances. Division (A)(2)(a) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(c) of this section to disclose the name, other identity, or address of a client, patient, or other recipient of professional services if the disclosure would threaten the client, patient, or other recipient of professional services, would reveal details of the subject matter for which legal, medical, or professional advice or other services were sought, or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services. Division (A)(2)(a) of this section does not require an attorney, physician, or other professional subject to a confidentiality requirement as described in division (A)(2)(c) of this section to disclose in the brief description of the nature of services required by division (A)(2)(a) of this section any information pertaining to specific professional services rendered for a client, patient, or other recipient of professional services that would reveal details of the subject matter for which legal, medical, or professional advice was sought or would reveal an otherwise privileged communication involving the client, patient, or other recipient of professional services.
(3) The name of every corporation on file with the secretary of state that is incorporated in this state or holds a certificate of compliance authorizing it to do business in this state, trust, business trust, partnership, or association that transacts business in this state in which the person filing the statement or any other person for the person’s use and benefit had during the preceding calendar year an investment of over one thousand dollars at fair market value as of the thirty-first day of December of the preceding calendar year, or the date of disposition,
11 whichever is earlier, or in which the person holds any office or has a fiduciary relationship, and a description of the nature of the investment, office, or relationship. Division (A)(3) of this section does not require disclosure of the name of any bank, savings and loan association, credit union, or building and loan association with which the person filing the statement has a deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the person filing the statement holds legal title to or a beneficial interest in real property located within the state, excluding the person’s residence and property used primarily for personal recreation;
(5) The names of all persons residing or transacting business in the state to whom the person filing the statement owes, in the person’s own name or in the name of any other person, more than one thousand dollars. Division (A)(5) of this section shall not be construed to require the disclosure of debts owed by the person resulting from the ordinary conduct of a business or profession or debts on the person’s residence or real property used primarily for personal recreation, except that the superintendent of financial institutions shall disclose the names of all state-chartered savings and loan associations and of all service corporations subject to regulation under division (E)(2) of section 1151.34 of the Revised Code to whom the superintendent in the superintendent’s own name or in the name of any other person owes any money, and that the superintendent and any deputy superintendent of banks shall disclose the names of all state-chartered banks and all bank subsidiary corporations subject to regulation under section 1109.44 of the Revised Code to whom the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business in the state, other than a depository excluded under division (A)(3) of this section, who owe more than one thousand dollars to the person filing the statement, either in the person’s own name or to any person for the person’s use or benefit. Division (A)(6) of this section shall not be construed to require the disclosure of clients of attorneys or persons licensed under section 4732.12 or 4732.15 of the Revised Code, or patients of persons certified under section 4731.14 of the Revised Code, nor the disclosure of debts owed to the person resulting from the ordinary conduct of a business or profession.
(7) Except as otherwise provided in section 102.022 of the Revised Code, the source of each gift of over seventy-five dollars, or of each gift of over twenty-five dollars received by a member of the general assembly from a legislative agent, received by the person in the person’s own name or by any other person for the person’s use or benefit during the preceding calendar year, except gifts received by will or by virtue of section 2105.06 of the Revised Code, or received from spouses, parents, grandparents, children, grandchildren, siblings, nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or any person to whom the person filing the statement stands in loco parentis, or received by way of distribution from any inter vivos or testamentary trust established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source and amount of every payment of expenses incurred for travel to destinations inside or outside this state that is received by the person in the person’s own name or by any other person for the person’s use or benefit and that is incurred in connection with the person’s official duties, except for expenses for travel to meetings or conventions of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues;
(9) Except as otherwise provided in section 102.022 of the Revised Code, identification of the source of payment of expenses for meals and other food and beverages, other than for meals and other food and beverages provided at a meeting at which the person participated in a panel, seminar, or speaking engagement or at a meeting or convention of a national or state organization to which any state agency, including, but not limited to, any legislative agency or state institution of higher education as defined in section 3345.011 of the Revised Code, pays membership dues, or any political subdivision or any office or agency of a political subdivision pays membership dues, that are incurred in connection with the person’s official duties and that exceed one hundred dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public official or employee described in division (B)(2) of section 101.73 of the Revised Code or division (B)(2) of section 121.63 of the Revised Code who receives a statement from a legislative agent, executive agency lobbyist, or employer that contains the information described in division (F)(2) of section 101.73 of the Revised Code or division (G)(2) of section 121.63 of the Revised Code, all of the nondisputed information contained in the statement delivered to that public official or employee by the legislative agent, executive agency lobbyist, or employer under division (F)(2) of section 101.73 or (G)(2) of section 121.63 of the Revised Code.
A person may file a statement required by this section in person or by mail. A person who is a candidate for elective office shall file the statement no later than the thirtieth day before the primary, special, or general election at which the candidacy is to be voted on, whichever election occurs soonest, except that a person who is a write-in candidate shall file the statement no later than the twentieth day before the earliest election at which the person’s candidacy is to be voted on. A person who holds elective office shall file the statement on or before the fifteenth day of April of each year unless the person is a candidate for office. A person who is appointed to fill a vacancy for an unexpired term in an elective office shall file the statement within fifteen days after the person qualifies for office. Other persons shall file an annual statement on or before the fifteenth day of April or, if appointed or employed after that date, within ninety days after appointment or employment. No person shall be required to file with the appropriate ethics commission more than one statement or pay more than one filing fee for any one calendar year.
The appropriate ethics commission, for good cause, may extend for a reasonable time the deadline for filing a statement under this section.
A statement filed under this section is subject to public inspection at locations designated by the appropriate ethics commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics committee, and the board of commissioners on grievances and discipline of the supreme court, using the rule-making procedures of Chapter 119. of the Revised Code, may require any class of public officials or employees under its jurisdiction and not specifically excluded by this section 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 April under division (A) of this section. The appropriate ethics commission shall send the public officials or employees written notice of the requirement by the fifteenth day of February of each year the filing is required unless the public official or employee is appointed after that 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.
Except for disclosure statements filed by members of the board of trustees and the executive director of the southern Ohio agricultural and community development foundation, disclosure statements filed under this division with the Ohio ethics commission by members of boards,
13 commissions, or bureaus of the state for which no compensation is received other than reasonable and necessary expenses shall be kept confidential. Disclosure statements filed with the Ohio ethics commission under division (A) of this section by business managers, treasurers, and superintendents of city, local, exempted village, joint vocational, or cooperative education school districts or educational service centers shall be kept confidential, except that any person conducting an audit of any such school district or educational service center pursuant to section 115.56 or Chapter 117. of the Revised Code may examine the disclosure statement of any business manager, treasurer, or superintendent of that school district or educational service center. The Ohio ethics commission shall examine each disclosure statement required to be kept confidential to determine whether a potential conflict of interest exists for the person who filed the disclosure statement. A potential conflict of interest exists if the private interests of the person, as indicated by the person’s disclosure statement, might interfere with the public interests the person is required to serve in the exercise of the person’s authority and duties in the person’s office or position of employment. If the commission determines that a potential conflict of interest exists, it shall notify the person who filed the disclosure statement and shall make the portions of the disclosure statement that indicate a potential conflict of interest subject to public inspection in the same manner as is provided for other disclosure statements. Any portion of the disclosure statement that the commission determines does not indicate a potential conflict of interest shall be kept confidential by the commission and shall not be made subject to public inspection, except as is necessary for the enforcement of Chapters 102. and 2921. of the Revised Code and except as otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the applicable filing deadline established under this section, a statement that is required by this section.
(D) No person shall knowingly file a false statement that is required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of this section, the statement required by division (A) or (B) of this section shall be accompanied by a filing fee of forty dollars.
(2) The statement required by division (A) of this section shall be accompanied by the following filing fee to be paid by the person who is elected or appointed to, or is a candidate for, any of the following offices:
For state office, except member of the state board of education $65 For office of member of general assembly $40
For county office $40 For city office $25
For office of member of the state board of education $25
For office of member of a city, local, exempted village, or cooperative education board of education or educational service center governing board $20
For position of business manager, treasurer, or superintendent of a city, local, exempted village, joint vocational, or cooperative education school district or educational service center $20
(3) No judge of a court of record or candidate for judge of a court of record, and no referee or magistrate serving a court of record, shall be required to pay the fee required under division (E)(1) or (2) or (F) of this section.
(4) For any public official who is appointed to a nonelective office of the state and for any employee who holds a nonelective position in a public agency of the state, the state agency that is the primary employer of the state official or employee shall pay the fee required under division (E)(1) or (F) of this section.
(F) If a statement required to be filed under this section is not filed by the date on which it is required to be filed, the appropriate ethics commission shall assess the person required to file the statement a late filing fee of ten dollars for each day the statement is not filed, except that the total amount of the late filing fee shall not exceed two hundred fifty dollars.
(G)(1) The appropriate ethics commission other than the Ohio ethics commission shall deposit all fees it receives under divisions (E) and (F) of this section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts, including, but not limited to, fees it receives under divisions (E) and (F) of this section and all moneys it receives from settlements under division (G) of section 102.06 of the Revised Code, into the Ohio ethics commission fund, which is hereby created in the state treasury. All moneys credited to the fund shall be used solely for expenses related to the operation and statutory functions of the commission. (H) Division (A) of this section does not apply to a person elected or appointed to the office of precinct, ward, or district committee member under Chapter 3517. of the Revised Code; a presidential elector; a delegate to a national convention; village or township officials and employees; any physician or psychiatrist who is paid a salary or wage in accordance with schedule C of section 124.15 or schedule E-2 of section 124.152 of the Revised Code and whose primary duties do not require the exercise of administrative discretion; or any member of a board, commission, or bureau of any county or city who receives less than one thousand dollars per year for serving in that position.
Effective Date: 06-29-2004; 06-29-2004; 09-15-2004; 05-18-2005; 09-29-2005; 2007 HB100 09-10-2007; 2008 HB544 05-06-2008
15
CODE: 102.09
Furnishing financial disclosure form to candidates.
(A) The secretary of state and the county board of elections shall furnish, to each candidate for elective office who is required to file a financial disclosure statement by section 102.02 of the Revised Code, a financial disclosure form, and shall notify the appropriate ethics commission, within fifteen days of the name of the candidate, and of the subsequent withdrawal, disqualification, or death of the candidate. The candidate shall acknowledge receipt of the financial disclosure form in writing.
(B) The secretary of state and the county board of elections shall furnish to each person who is appointed to fill a vacancy for an unexpired term in an elective office, and who is required to file a financial disclosure statement by section 102.02 of the Revised Code, a financial disclosure form, and shall notify the appropriate ethics commission within fifteen days of being notified by the appointing authority, of the name and position of the public official and the date of appointment. The person shall acknowledge receipt of the financial disclosure form in writing.
(C) The public agency or appointing authority that employs, appoints, or promotes any public official or employee who, as a result of such employment, appointment, or promotion, is required to file a financial disclosure statement by section 102.02 of the Revised Code, shall, within fifteen days of the employment, appointment, or promotion, furnish the public official or employee with a financial disclosure form, and shall notify the appropriate ethics commission of the name and position of the public official or employee and the date of employment, appointment, or promotion. The public official or employee shall acknowledge receipt of the financial disclosure form in writing.
(D) Within fifteen days after any public official or employee begins the performance of official duties, the public agency with which the official or employee serves or the appointing authority shall furnish the official or employee a copy of Chapter 102. and section 2921.42 of the Revised Code, and may furnish such other materials as the appropriate ethics commission prepares for distribution. The official or employee shall acknowledge their receipt in writing. The requirements of this division do not apply at the time of reappointment or reelection. Effective Date: 03-09-1999
CODE: 117.102
Auditor review of school health and safety inspection reports.
The auditor of state shall review the report of each school health and safety network inspection of a public school building and associated grounds submitted to the auditor of state under section 3701.932 of the Revised Code. The auditor of state may include references to any of the recommendations contained in the inspection report, as determined appropriate by the auditor of state, in any audit report of the school district, educational service center, board of mental retardation and developmental disabilities, or community school controlling the inspected building and grounds.As used in this section, “public school” has the same meaning as in section 3701.93 of the Revised Code.
17
CODE 121.22
Public meetings – exceptions.
(A) This section shall be liberally construed to require public officials to take official action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) “Public body” means any of the following:
(a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, commission, committee, council, agency, authority, or similar decision-making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in division (B)(1)(a) of this section; (c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for domestic, municipal, and public use when meeting for the purpose of the appointment, removal, or reappointment of a member of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (B)(1)(c) of this section, “court of jurisdiction” has the same meaning as “court” in section 6115.01 of the Revised Code.
(2) “Meeting” means any prearranged discussion of the public business of the public body by a majority of its members.
(3) “Regulated individual” means either of the following: (a) A student in a state or local public educational institution;
(b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness or retardation, disease, disability, age, or other condition requiring custodial care.
(4) “Public office” has the same meaning as in section 149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public meetings open to the public at all times. A member of a public body shall be present in person at a meeting open to the public to be considered present or to vote at the meeting and for purposes of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public body shall be promptly prepared, filed, and maintained and shall be open to public inspection. The minutes need only reflect the general subject matter of discussions in executive sessions authorized under division (G) or (J) of this section.
(1) A grand jury;
(2) An audit conference conducted by the auditor of state or independent certified public accountants with officials of the public office that is the subject of the audit;
(3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon;
(4) The organized crime investigations commission established under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established under section 307.621 of the Revised Code and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to suspend a certificate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code; (7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to suspend a license without a prior hearing pursuant to division (D) of section 4729.16 of the Revised Code;
(9) The state chiropractic board when determining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code.
(10) The executive committee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criminal action be brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing advisory council, the industrial technology and enterprise advisory council, the tax credit authority, or the minority development financing advisory board, when meeting to consider granting assistance pursuant to Chapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investment of public funds, by unanimous vote of all board, council, or authority members present, may close the meeting during consideration of the following information confidentially received by the authority, council, or board from the applicant:
(1) Marketing plans;
(2) Specific business strategy;
(3) Production techniques and trade secrets; (4) Financial projections;
(5) Personal financial statements of the applicant or members of the applicant’s immediate family, including, but not limited to, tax records or other similar information not open to public inspection.
The vote by the authority, council, or board to accept or reject the application, as well as all proceedings of the authority, council, or board not subject to this division, shall be open to the public and governed by this section.
19 (F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body shall not hold a special meeting unless it gives at least twenty-four hours’ advance notice to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.
The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. Provisions for advance notification may include, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the public employee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an executive session for the discipline of an elected official for conduct related to the performance of the elected official’s official duties or for the elected official’s removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section are the purposes for which the executive session is to be held, but need not include the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing covert information to prospective buyers or sellers. A purchase or sale of public property is void if the seller or buyer of the public property has received covert information from a member of a public body that has not been disclosed to the general public in sufficient time for other prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any instrument executed by the public body purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment; (5) Matters required to be kept confidential by federal law or regulations or state statutes;
(6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office;
(7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township hospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code.
If a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (7) of this section, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of this section shall not hold an executive session when meeting for the purposes specified in that division.
(H) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, rule, or formal action adopted in an open meeting that results from deliberations in a meeting not open to the public is invalid unless the deliberations were for a purpose specifically authorized in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resolution, rule, or formal action violated division (F) of this section.
(I)(1) Any person may bring an action to enforce this section. An action under division (I)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction pursuant to division (I)(1) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (I)(2) of this section, reasonable attorney’s fees. The court, in its discretion, may reduce an award of attorney’s fees to the party that sought the injunction or not award attorney’s fees to that party if the court determines both of the following:
(i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of the injunction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section;
(ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunction would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct.
(b) If the court of common pleas does not issue an injunction pursuant to division (I)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as defined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney’s fees, as determined by the court.
21 (3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section. (4) A member of a public body who knowingly violates an injunction issued pursuant to division (I)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general.
(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance under sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code;
(c) Reviewing matters relating to an applicant’s request for financial assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipient of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a meeting that the commission conducts as an executive session that pertains to the applicant’s, recipient’s, or former recipient’s application for financial assistance.
(3) A veterans service commission shall vote on the grant or denial of financial assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. The minutes of the meeting shall indicate the name, address, and occupation of the applicant, whether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance.
CODE 133.07
Net indebtedness of county - certain securities not considered in
calculation.
(A) A county shall not incur, without a vote of the electors, either of the following:
(1) Net indebtedness for all purposes that exceeds an amount equal to one per cent of its tax valuation;
(2) Net indebtedness for the purpose of paying the county’s share of the cost of the construction, improvement, maintenance, or repair of state highways that exceeds an amount equal to one-half of one per cent of its tax valuation.
(B) A county shall not incur total net indebtedness that exceeds an amount equal to one of the following limitations that applies to the county:
(1) A county with a valuation not exceeding one hundred million dollars, three per cent of that tax valuation;
(2) A county with a tax valuation exceeding one hundred million dollars but not exceeding three hundred million dollars, three million dollars plus one and one-half per cent of that tax valuation in excess of one hundred million dollars;
(3) A county with a tax valuation exceeding three hundred million dollars, six million dollars plus two and one-half per cent of that tax valuation in excess of three hundred million dollars. (C) In calculating the net indebtedness of a county, none of the following securities shall be considered:
(1) Securities described in section 307.201 of the Revised Code;
(2) Self-supporting securities issued for any purposes, including, but not limited to, any of the following general purposes:
(a) Water systems or facilities;
(b) Sanitary sewerage systems or facilities, or surface and storm water drainage and sewerage systems or facilities, or a combination of those systems or facilities;
(c) County or joint county scrap tire collection, storage, monocell, monofill, or recovery facilities, or any combination of those facilities;
(d) Off-street parking lots, facilities, or buildings, or on-street parking facilities, or any combination of off-street and on-street parking facilities;
(e) Facilities for the care or treatment of the sick or infirm, and for housing the persons providing that care or treatment and their families;
(f) Recreational, sports, convention, auditorium, museum, trade show, and other public attraction facilities;
23 (h) Correctional and detention facilities and related rehabilitation facilities.
(3) Securities issued for the purpose of purchasing, constructing, improving, or extending water or sanitary or surface and storm water sewerage systems or facilities, or a combination of those systems or facilities, to the extent that an agreement entered into with another subdivision requires the other subdivision to pay to the county amounts equivalent to debt charges on the securities;
(4) Voted general obligation securities issued for the purpose of permanent improvements for sanitary sewerage or water systems or facilities to the extent that the total principal amount of voted securities outstanding for the purpose does not exceed an amount equal to two per cent of the county’s tax valuation;
(5) Securities issued for permanent improvements to house agencies, departments, boards, or commissions of the county or of any municipal corporation located, in whole or in part, in the county, to the extent that the revenues, other than revenues from unvoted county property taxes, derived from leases or other agreements between the county and those agencies, departments, boards, commissions, or municipal corporations relating to the use of the permanent improvements are sufficient to cover the cost of all operating expenses of the permanent improvements paid by the county and debt charges on the securities;
(6) Securities issued pursuant to section 133.08 of the Revised Code;
(7) Securities issued for the purpose of acquiring or constructing roads, highways, bridges, or viaducts, for the purpose of acquiring or making other highway permanent improvements, or for the purpose of procuring and maintaining computer systems for the office of the clerk of any county-operated municipal court, for the office of the clerk of the court of common pleas, or for the office of the clerk of the probate, juvenile, or domestic relations division of the court of common pleas to the extent that the legislation authorizing the issuance of the securities includes a covenant to appropriate from moneys distributed to the county pursuant to division (B) of section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or Chapter 4501., 4503., 4504., or 5735. of the Revised Code a sufficient amount to cover debt charges on and financing costs relating to the securities as they become due;
(8) Securities issued for the purpose of acquiring, constructing, improving, and equipping a county, multicounty, or multicounty-municipal jail, workhouse, juvenile detention facility, or correctional facility;
(9) Securities issued for the acquisition, construction, equipping, or repair of any permanent improvement or any class or group of permanent improvements enumerated in a resolution adopted pursuant to division (D) of section 5739.026 of the Revised Code to the extent that the legislation authorizing the issuance of the securities includes a covenant to appropriate from moneys received from the taxes authorized under section 5739.023 and division (A)(5) of section 5739.026 of the Revised Code an amount sufficient to pay debt charges on the securities and those moneys shall be pledged for that purpose;
(10) Securities issued for county or joint county solid waste or hazardous waste collection, transfer, or disposal facilities, or resource recovery and solid or hazardous waste recycling facilities, or any combination of those facilities;
(11) Securities issued for the acquisition, construction, and equipping of a port authority educational and cultural facility under section 307.671 of the Revised Code;
