THIS DIGEST WAS PREPARED BY THE OHIO ETHICS COMMISSION FOR INFORMATIONAL GUIDANCE ONLY. IT IS NOT INTENDED AS A SUBSTITUTE FOR THE CONTENT OF THE ADVISORY OPINIONS REFERENCED.

Digest of
Advisory Opinions
74-001 through 2008-01

74-002  Persons who are appointed to membership on the Ohio Organized Crime Prevention Council are not required by Section 102.02(A) of the Revised Code, by reason of such membership, to file a financial disclosure statement with the Ohio Ethics Commission.

74-003  Members of county boards of elections are not required, by reason of their membership on such board, to file financial disclosure statements under the requirements set out in Section 102.02(A) of the Revised Code.

74-004  (1) Certain sections of Chapter 102. of the Revised Code apply to "public officials or employees" and other sections apply to "persons."

  (2) Since the clause "who receives less than one thousand dollars per year for serving in such position," as used in Division (B) of Section 102.01 of the Revised Code, applies only to persons who are members of a board, commission, or bureau of any county or city, village officials and employees are exempted from the definition of "public official or employee" regardless of the amount of compensation received for serving in such position.

  (3) Village officials and employees are required to comply with Chapter 102. of the Revised Code, as it affects them, without prior notice by the boards of elections or the Ohio Ethics Commission.

74-005  It is not a violation of Section 102.04 of the Revised Code per se for a person to serve simultaneously as county recorder and, through his membership in a law firm, as legal counsel to a township.

74-006  Section 102.04 of the Revised Code does not prohibit an attorney, who serves as an advisor for a city police department, from representing clients before boards, commissions or agencies of the State of Ohio.

74-007 (overruled, in part, by 93-004)   (1) Members of county boards of elections are state officers and Section 102.04 of the Revised Code does not prohibit a member of a county board of elections from receiving or agreeing to receive, directly or indirectly, compensation for services rendered or to be rendered by him personally in any case, proceeding, application or other matter which is before any agency of any governmental entity other than the State of Ohio.

  (2) It is not a violation of Section 102.04 of the Revised Code for a member of a county board of elections to be compensated as an employee of an office or agency of county government, provided that in such position he does not receive or agree to receive directly or indirectly, compensation for services rendered or to be rendered by him personally in any case, proceeding, application or other matter which is before any agency of the state, excluding the courts.

74-008  A deputy registrar of the Bureau of Motor Vehicles is prohibited by Division (A) of Section 102.04 of the Revised Code from receiving or agreeing to receive compensation other than from the agency with which he serves for any service rendered or to be rendered by him personally in any case, proceeding, application or other matter which is before the General Assembly or any other department, division, institution, instrumentality, board, commission, or bureau of the state, excluding the courts.

74-009  (1) A member of a municipal planning commission is not in violation of Section 102.04(B) of the Revised Code when he received a partnership distributive share of fees for services rendered by a partner in a case, proceeding, application or other matter which is before the commission on which he serves.

  (2) A member of a municipal planning commission is not in violation of Section 102.04(B) of the Revised Code when he receives a partnership distributive share of fees for services rendered by a partner in any case, proceeding, application or other matter which is before any agency, department, board, bureau, commission, or other instrumentality, excluding the courts, of the entity of which he, the member, is an officer.

75-001  Employees of county boards of elections are not required by Section 102.02(A) of the Revised Code to file financial disclosure statements.

75-002  It is not a violation of Section 102.04 of the Revised Code per se for a person to serve as a member of the Board of Building Appeals of the Department of Industrial Relations of the State of Ohio and as the City Engineer for a city.

75-003  The requirement to file a financial disclosure statement, Section 102.02 of the Revised Code, does not apply during the then current term of office to any elected official or any person who was appointed to an elective office and was serving in such capacity prior to December 19, 1973.

75-004  Members of the Ohio Organized Crime Prevention Council are not, by virtue of that position, prohibited by Section 102.04(A) of the Revised Code from receiving or agreeing to receive directly or indirectly compensation other than from the agency with which they serve, for services rendered or to be rendered by them personally, in any case, proceeding, application or other matter which is before the General Assembly, or any department, division, institution, instrumentality, board, commission, or bureau of the state, excluding the courts.

75-005  A member of the Ohio State Advisory Council for Employment Security is not prohibited by Section 102.04(A) of the Revised Code from receiving compensation for services rendered or to be rendered by him personally in any case, proceeding, application or any other matter which is before the General Assembly, or any department, division, institution, instrumentality, board, commission, or bureau of the state, excluding the courts.

75-006  (1) A member of the Ohio Housing Development Board is a person appointed to an office of the state, and as such, is prohibited, by virtue of Section 102.04(A) of the Revised Code, from receiving compensation, directly or indirectly, for services rendered or to be rendered personally in any case, proceeding, application or other matter which is before the General Assembly or any department, division, institution, instrumentality, commission, or bureau of the state, excluding the courts.

  (2) Filing registrations and applications for exemption of securities with the Division of Securities of the Department of Commerce may be an activity which falls within the exception "ministerial functions" contained in Division (C) of Section 102.04 of the Revised Code.

75-007  A member of the Cuyahoga County Soldiers and Sailors Monument Commission is not a person who has been appointed to an office of a commission of the state or the county for purposes of Section 102.04(A) or (B) of the Revised Code, and therefore, is not subject to the prohibitions contained therein.

75-008  A member of a county board of mental retardation is prohibited by Section 102.04(B) of the Revised Code from receiving or agreeing to receive directly or indirectly compensation other than from the agency with which he serves for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before any agency, department, board, bureau, commission, or other instrumentality, excluding the courts, of the entity of which he is an officer or employee.

75-009 repealed by 76-014   A member of a County Public Library District Board is prohibited by Section 102.04(B) of the Revised Code from receiving or agreeing to receive directly or indirectly compensation other than from the agency with which he serves, for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before any agency, department, board, bureau, commission or other instrumentality, excluding the courts, of the county of which he is an officer.

75-010  An architect member of the Ohio Board of Building Standards is not prohibited by Section 102.04(A) of the Revised Code from receiving or agreeing to receive compensation for services rendered or to be rendered by him personally as an employee or independent contractor of another state agency.

75-011  A member of the Ohio Board of Building Appeals is not prohibited by Section 102.04(A) of the Revised Code from receiving compensation from other state agencies for services rendered or to be rendered by him.

75-012  (1) Members of the Ohio Constitutional Revision Commission are not, by virtue of that position, prohibited by Section 102.04(A) of the Revised Code from receiving or agreeing to receive directly or indirectly compensation, for services rendered or to be rendered by them personally in any case, proceeding, application, or other matter which is before the General Assembly, or any department, division, institution, instrumentality, board, commission or bureau of the state.

  (2) Independent contractors of the Ohio Constitutional Revision Commission are not prohibited per se by Section 102.04(A) of the Revised Code from receiving or agreeing to receive compensation directly or indirectly, for services rendered or to be rendered by them personally in any case, proceeding, application or other matter which is before the General Assembly, or any department division, institution, instrumentality, board, commission or bureau of the state.

75-013   The provisions of Chapter 102. of the Revised Code do not apply to persons who are members of the board of trustees of a non-profit corporation.

75-014  (1) A former deputy administrator of the Bureau of Employment Services is prohibited, for twelve months, from representing a client on a matter before the Bureau, if while serving as deputy administrator of the Bureau, he was directly concerned and personally participated by a substantial and material exercise of administrative discretion with regard to the matter.

  (2) A former deputy administrator of the Bureau of Employment Services is not prohibited from representing a client on a matter before the Unemployment Compensation Board of Review or the courts.

75-015  (1) A faculty member of the University of Toledo is an employee of a state university for purposes of Section 102.04(A) of the Revised Code.

  (2) Section 102.04(A) of the Revised Code does not prohibit an employee of a state institution from receiving compensation from more than one agency of the state.

  (3) Section 102.04(A) of the Revised Code prohibits an employee of a state institution from receiving or agreeing to receive, directly or indirectly compensation from clients, other than state agencies, for any service rendered or to be rendered by him personally in any case, proceeding, application or other matter which is before any agency of the state, excluding the courts.

75-016  Special counsel, appointed by the Attorney General of Ohio pursuant to Section 109.08 of the Revised Code, are independent contractors and therefore are not prohibited by Section 102.04(A) of the Revised Code from receiving or agreeing to receive, directly or indirectly, compensation for services rendered or to be rendered by them personally, in any case, proceeding, application or other matter which is before the General Assembly or any department, division, institution, instrumentality, board, commission or bureau of the state.

75-017  (1) A member of the Ohio Board of Building Appeals is prohibited by Section 102.04(A) of the Revised Code from rendering services, for compensation, in regard to offering testimony on proposed Equal Employment Opportunity Rules and Regulations which are the subject of a proceeding, pursuant to the Administrative Procedures Act, Chapter 119, of the Revised Code, which is before the State Equal Employment Opportunity Coordinator, Department of Administrative Services.

  (2) A member of the Ohio Board of Building Appeals is prohibited by Section 102.04(A) of the Revised Code from receiving compensation for rendering services on an application before the Public Utilities Commission of Ohio unless the rendering of the services are a ministerial function.

  (3) A ministerial function as that term is used Section 102.04(C) of the Revised Code is a function which is performed in a prescribed manner in obedience to the mandate of legal authority, without regard to or the exercise of personal judgment upon the propriety of the act being done, and includes but is not limited to the filing of applications for permits and licenses.

75-018  A county commissioner, who is also an attorney, is not prohibited, by Section 102.04(B) of the Revised Code, from receiving compensation for services rendered by him personally in matters which are before the courts.

75-019  A person who serves as an employee of a private corporation, doing business as a public defender agency, within a city-county area does not violate per se the prohibitions of Section 102.04(B) of the Revised Code by holding the office of councilman-at-large of the city served by the public defender agency.

75-020  (1) A local school district is a "governmental entity" as that term is used in Section 102.04(B) of the Revised Code.

  (2) A member of a board of education of a local school district who is an attorney is not in violation of Section 102.04(B) of the Revised Code when he renders services for compensation on matters before county and township administrative agencies.

75-021  (1) The Miami Valley Regional Transit Authority is a "governmental entity" as that term is used in Section 102.04(B) of the Revised Code.

  (2) Section 102.04(B) of the Revised Code does not prohibit a trustee and vice-president of the Miami Valley Regional Transit Authority from receiving compensation from clients for personally rendering any service to them in any matter before any state agency.

  (3) Section 102.04(B) of the Revised Code does not prohibit a trustee and vice-president of the Miami Valley Transit Authority from receiving partnership distributive revenue resulting from the rendering of services to clients by his law firm partners and associates in any matter before any agency of the state.

75-022  (1) A member of the Ohio Board of Regents is not a "public official or employee" as that phrase is defined in Section 102.01(B) of the Revised Code, and therefore, is not subject to the provisions of Section 102.03 of the Revised Code.

  (2) A member of the Ohio Board of Regents is a person appointed to an office of a board of the state and therefore is within the purview of Section 102.04(A) of the Revised Code.

75-023  (1) Section 102.03(C) of the Revised Code does not prohibit per se a person from serving as Director of the Ohio Department of Agriculture when he also owns and operates one farm and owns a majority interest in a corporation for which he operates another farm when the Director, personally, and the corporation-owned farm receive licenses from the Ohio Department of Agriculture.

  (2) Section 102.03(C) of the Revised Code does not prohibit the Director of the Ohio Department of Agriculture from issuing licenses to a corporation to which he and his immediate family have sold goods and services, unless such sale is in excess of $1,000 in the year preceding the license application.

75-024  (1) A member of a municipal corporation's civil service commission, who receives less than $1000 per year for serving on the commission is not a "public official or employee" as that phrase is used in Chapter 102. of the Revised Code.

  (2) The prohibitions of Section 102.03(D) of the Revised Code do not apply to a chairman of a municipal corporation's civil service commission who receives less than $1000 per year for serving on the commission.

75-025  (1) A member of the Ohio Student Loan Commission is a person appointed to an office of a commission of the State and within the purview of Section 102.04(A) of the Revised Code.

  (2) A member of the Ohio Student Loan Commission is not prohibited by Section 102.04 of the Revised code, from receiving compensation for services rendered by him personally in any case, proceeding, application or other matter which is before any agency of a county, township or municipal corporation.

  (3) A member of the Ohio Student Loan Commission, who is a lawyer, does not violate per se Section 102.04(A) of the Revised Code when he receives a partnership distributive share of fees, even though some of those fees are for services rendered by his partners in matters which are before state agencies.

75-026  (1) Members of the Board of Governors of the Joint Underwriting Association and directors of the Stabilization Reserve Fund, appointed pursuant to Chapter 3929. of the Revised Code, are not required by Section 102.02(A) of the Revised Code to file financial disclosure statements.

  (2) Members of the Board of Governors of the Joint Underwriting Association and the directors of the Stabilization Reserve Fund, established under Chapter 3929. of the Revised Code are persons appointed to an office of the state within the purview of Section 102.04(A) of the Revised Code and, as such, are prohibited from receiving compensation, directly or indirectly, for services rendered personally by them in any case, proceeding, application or other matter which is before the general assembly or any department, division, institution, instrumentality, board, commission or bureau of the state excluding the courts.

  (3) Members of the Board of Governors of the Joint Underwriting Association and directors of the Stabilization Reserve Fund as established under Chapter 3929. of the Revised Code are not "public officials or employees" for purposes of Section 102.03 of the Revised Code.

75-027  (1) A faculty member who is employed by Ohio State University is prohibited by Section 102.04(A) of the Revised Code from receiving compensation, other than from Ohio State University, for preparing and presenting testimony in a rate-making proceeding before the Public Utilities Commission of Ohio.

  (2) A faculty member who is employed by the University of Cincinnati is not an employee of a state institution and, therefore, not prohibited by Section 102.04 of the Revised Code from receiving compensation for preparing and presenting testimony in a rate-making proceeding which is before the Public Utilities Commission of Ohio.

75-028  Hearing examiners appointed by the Ohio Civil Rights Commission pursuant to Section 4112.04(A)(3) of the Revised Code, are independent contractors and therefore are not prohibited by Section 102.04(A) of the Revised code from receiving or agreeing to receive, directly or indirectly, compensation for services rendered or to be rendered by them personally, in any case, proceeding, application, or other matter which is before the general assembly or any department, division, institution, instrumentality, board, commission or bureau of the state.

75-029  Section 102.02(A) of the Revised Code requires candidates for and members of the State Board of Education to file financial disclosure statements.

75-030 (overruled, by 91-002)   A person may serve as a city councilman and as a volunteer fireman of the same city and receive compensation for rendering by services in both positions without violating the prohibitions of 102.04(B) of the Revised Code.

75-031  A person seeking election to city council who voluntarily withdraws from an election within twenty days after filing his petition of candidacy is no longer a candidate within the purview of Section 102.02(A) of the Revised Code and, therefore, is not required to file a financial disclosure statement.

75-032  (1) A person who is appointed to the office of city councilman on December 30, 1974, and resigns from that office on January 2, 1975, is required, by Section 102.02(A) of the Revised Code, to file a financial disclosure statement based on calendar year 1974, within fifteen days after he qualifies for office.

  (2) If a person who is appointed to the office of city councilman on December 30, 1974, and resigns on January 2, 1975, has filed a financial disclosure statement, based on calendar year 1974, within fifteen days after he qualifies for office, he is not required by Section 102.02(A) of the Revised Code to file an additional financial disclosure statement based on calendar year 1974 on or before April 15, 1975.

  (3) A person who is appointed to the office of city councilman on December 30, 1974, and resigns on January 2, 1975, is required by Section 102.02(A) of the Revised Code to file a financial disclosure statement based on calendar year 1975, on or before April 15, 1976.

75-033  A city building inspector who is an employee of a city, is not prohibited per se, by Section 102.04(B) of the Revised Code from functioning simultaneously as a real estate agent.

75-034  (1) Supervisors of the soil and water conversation districts established pursuant to Chapter 1515. of the Revised Code are persons who are subject to the provisions of Division (B) of section 102.04 of the Revised Code and thus are prohibited from receiving or agreeing to receive directly or indirectly compensation other than from the agency with which he serve for any services rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before any agency of the district of which he are officers.

  (2) Supervisors of soil and water conversation districts established pursuant to Chapter 1515. of the Revised Code are not required to file financial disclosure statements with the Ohio Ethics Commission pursuant to Section 102.02(A) of the Revised Code.

  (3) Supervisors of soil and water conservation districts established pursuant to Chapter 1515. of the Revised Code are "public officials" as that phrase is defined in Section 102.01(B) of the Revised Code and, therefore, subject to the provisions of Divisions (B), (C) and (D) of Section 102.03 of the Revised Code.

75-035  (1) A member of a municipal civil service commission is a person who is appointed to an office of a municipal corporation for purposes of Section 102.04(B) of the Revised Code and thus is prohibited from receiving or agreeing to receive, directly or indirectly, compensation for services rendered or to be rendered by him personally in any case, proceeding, application or other matter which is before any agency of that municipal corporation, excluding the courts.

  (2) A member of a county hospital commission is a person appointed to an office of the county for purposes of Section 102.04(B) of the Revised Code and thus is prohibited from receiving or agreeing to receive, directly or indirectly, compensation for services rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before any agency of that county, excluding the courts.

75-036  Section 102.02(A)(2) of the Revised Code does not require a councilwoman, who must file a financial disclosure statement to disclose sources of income of her husband which are over $500 unless the income, as initially received by the husband, is specifically designated for the use and benefit of the councilwoman.

75-037  (1) The Ohio Ethics Commission renders advisory opinions only when the facts presented in a request are hypothetical or the conduct in question prospective.

  (2) A member of the Ohio Building Authority is not a public official or employee as that term is defined in Section 102.01(B) of the Revised Code.

  (3) A member of the Ohio Building Authority is a person appointed to an office of an instrumentality of the state for purposes of Section 102.04(A) of the Revised Code.

  (4) A member of the Ohio Building Authority who is also an officer and shareholder of a corporation is not, merely by having those corporate relationships, in violation of Section 102.04(A) of the Revised Code.

76-001  A member of a county public defender commission is appointed to a county office and, therefore, within the purview of Section 102.04(B) of the Revised Code and thus is prohibited from receiving or agreeing to receive, directly or indirectly, compensation, other than from the agency with which he serves, for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before any agency, excluding the courts, of the county of which he is an officer.

76-002  Persons who are elected or appointed to or are candidates for village office are not required, pursuant to Section 102.02(A) of the Revised Code, to file financial disclosure statements with the Ohio Ethics Commission.

76-003  A municipal court judge is not within the purview of Section 102.04(B) of the Revised Code.

76-004  A member of the Board of Tax Appeals of the State of Ohio is not prohibited by Section 102.04 of the Revised Code from receiving compensation from other state agencies for services rendered or to be rendered by him.

76-005  (1) A city councilman is a "public official or employee" as that term is defined in Section 102.01(B) of the Revised Code.

  (2) Section 102.03(D) of the Revised Code prohibits a city councilman from voting affirmatively for the city's acquisition of a specific parcel of property if the councilman is aware at that time he votes that the seller of the property intends to invest a portion of the purchase price in the councilman's business enterprise.

76-006  (1) A county engineer or an employee of the county engineer's office is not prohibited by Section 102.04(B) of the Revised Code from receiving compensation for conducting a land survey within that county unless the surveys constitutes, or is an element of, a case, proceeding, application or other matter which is before any agency, department, board, bureau, commission or other instrumentality, excluding the courts, of the county of which he is an officer or employee;

  (2) A county engineer or employee of a county engineer's office is not prohibited by Section 102.04(B) of the Revised Code from receiving compensation for conducting a land survey in any other county or any municipal corporation, including those municipal corporations within the county of which he is an officer or employee.

76-007  (1) A person who is employed as an administrative assistant to the mayor of a city is a "public official or employee" as that term is defined in Section 102.01(B) of the Revised Code.

  (2) Section 102.03(D) of the Revised Code does not prohibit the administrative assistant for the mayor of a city from receiving a membership in the Chamber of Commerce of that city, the annual dues of $50 having been paid by the city, if representation in the Chamber has been determined by the city to be an official duty of the administrative assistant.

  (3) The receipt of compensation by the mayor's administrative assistant, in the form of a membership in the Chamber of Commerce which is to be paid by the city, in return for the administrative assistant representing the city at Chamber functions is not the receipt of compensation for services rendered in a case proceeding, application or other matter as prohibited by Section 102.04(B) of the Revised Code.

76-008  (1) A member of the Ohio Board of Tax Appeals is a "state official or employee" and within the purview of Section 102.03(A) of the Revised Code.

  (2) Section 102.03(A) of the Revised Code prohibits a former member of the Ohio Board of Tax Appeals, for a period of twelve months after he leaves office, from representing a client before the Board of Tax Appeals only with regard to those matters with which the member, during his service on the Board, was directly concerned and in which he personally participated by a substantial and material exercise of administrative discretion.

76-009  (1) Section 102.04(A) of the Revised Code applies to a "person . . . appointed to an office of . . . any . . . board . . . of the state . . ." regardless of whether he receives compensation as a member of that board.

  (2) A member of the Ohio Housing Development Board is prohibited by Section 102.04(A) of the Revised Code from receiving, directly or indirectly, compensation other than from the agency with which he serves for services rendered personally by him as lobbyist on a matter which is before the General Assembly.

76-010  (1) A member of an Institution Advisory Council created pursuant to Executive Order G-12 (Revised January, 1976) of the Ohio Department of Mental Health and Mental Retardation is not a person elected or appointed to an office of or employed by an instrumentality of the state, and, therefore, is not subject to the provisions of Sections 102.03(A) and 102.04(A) of the Revised Code.

  (2) A member of an Institution Advisory Council, created pursuant to Executive Order G-12 (Revised January, 1976) of the Ohio Department of Mental Health and Mental Retardation is not a "public official or employee" as that term is defined in Section 102.01(B) of the Revised Code and, therefore, is not subject to the provisions of Divisions of (B), (C), and (D) of Section 102.03 of the Revised Code.

76-011  (1) The name of a corporation which transacts business in Ohio must be disclosed, pursuant to Section 102.02(A)(3) of the Revised Code, if the corporation is incorporated under Chapter 1701. of the Revised Code of [sic] or if the corporation holds a certificate of compliance under the provisions of Chapter 1703. of the Revised Code.

  (2) A trust, for purposes of Section 102.02(A)(3) of the Revised Code, is a relationship in which one person holds a property interest, subject to an equitable obligation to keep or use that interest for the benefit of another.

  (3) A fiduciary relationship, for purposes of Section 102.02(A)(3) of the Revised code, includes the relationship of director to a corporation and a trustee to a trust.

  (4) Section 102.02(A)(3) of the Revised Code requires a candidate for county office to disclose the name of every corporation, incorporated in Ohio or holding a certificate of compliance authorizing it to do business in Ohio, and the name of every trust, which transacts business in Ohio, in which the candidate holds an office or has a fiduciary relationship, along with a brief description of the nature of the office or the relationship.

76-012  (1) A city councilman is required by Section 102.02(A)(3) of the Revised Code to disclose the name of the partnership in which he has an investment of more than one thousand dollars and give a description of the nature of his investment.

  (2) A city councilman who is a general partner in a partnership, which owns real property, is required by Section 102.02(A)(4) of the Revised Code to disclose, on his financial disclosure statement, partnership property.

76-013  A county commissioner, who is a general partner in Partnership A which, in turn, is a partner in Partnership B, is required by Section 102.02(A)(3) of the Revised Code to disclose on his financial disclosure statement his interest in Partnership A, but not that partnership's interest in Partnership B.

76-014  (1) A County Library District is a political subdivision.

  (2) A member of a County Public Library District Board is not prohibited by Section 102.04(B) of the Revised Code from receiving or agreeing to receive, directly or indirectly, compensation, other than from the agency with which he serves, for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before any agency of the county in which the library district is located.

77-001  (1) A member of the Rehabilitation Services Commission is a "public official or employee" as that term is defined in Section 102.01(B) and used in Section 102.03 of the Revised Code, and "a person . . . appointed to an office" for purposes of Section 102.04 of the Revised Code.

  (2) Section 102.03(A) of the Revised Code prohibits a member of the Rehabilitation Services Commission, who is a physician, from representing a patient who is a client of the Rehabilitation Services Commission on any matter before the Commission.

  (3) Section 102.04(A) of the Revised Code prohibits a member of the Rehabilitation Services Commission, who is a physician, from receiving compensation for services provided to a patient who is a client of the Rehabilitation Services Commission, insofar as the services provided by the physician are related to the client's "case, proceeding, application, or other matter" before the Commission.

  (4) Section 102.04(A) of the Revised Code does not prohibit a member of the Rehabilitation Services Commission from receiving a share of partnership profits from fees for services rendered by a partner for patients who are clients of the Rehabilitation Services Commission.

77-002  (1) A county clerk of courts is a "public official or employee" as that term is defined in Section 102.01(B) of the Revised Code.

  (2) A county clerk of courts is under the jurisdiction of the Ohio Ethics Commission for purposes of the Ohio Ethics Law.

  (3) Section 102.03(D) of the Revised Code does not, per se, prohibit a county clerk of courts from deducting voluntary contributions from his employees' wages for his election campaign fund under Section 3599.031 of the Revised Code.

77-003  (1) A public utilities commissioner is a "public official or employee" as that term is defined in Section 102.01(B) of the Revised Code.

  (2) Section 102.03(D) of the Revised Code prohibits a public utilities commissioner from seeking employment by sending resumes to law firms that practice before the Public Utilities Commission, prior to the expiration of his term of office, unless the commissioner withdraws himself from consideration of any matter involving any firm with which he has had contact regarding possible employment.

77-004  A part-time village engineer who exercises sovereign power is a "public official," as that term is defined in Section 102.01(B) of the Revised Code, and is therefore subject to the Ohio Ethics Law, even though he is engaged as an independent contractor.

77-005  (1) Section 102.03(D) of the Revised Code does not prohibit a state university faculty member, whose position does not involve the performance of or authority to perform administrative or supervisory functions, from participating in a seminar conducted by a private corporation under the name and in the facilities of the university.

  (2) Section 102.04(A) of the Revised Code does not prohibit a state university faculty member from participating in a seminar conducted by a private corporation under the name and in the facilities of the university.

77-006  (1) Division (A) of Section 102.04 of the Revised Code does not prohibit an employee of an administrative department of the state from receiving or agreeing to receive compensation from another state agency, directly or indirectly, for services rendered or to be rendered by him personally, either as an employee or an independent contractor.

  (2) Division (B) of Section 102.04 of the Revised Code does not prohibit an employee of an administrative department of the state from receiving or agreeing to receive compensation from another state agency, directly or indirectly, for services rendered or to be rendered by him personally, either as an employee or an independent contractor.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits an employee of an administrative department of the state from using or attempting to use his official position to secure anything of value for himself, including a position with another state agency, that would not ordinarily accrue to him in the performance of his official duties, and that is of such character as to manifest a substantial and improper influence upon him with respect to his duties.

77-007  (1) Section 102.02(A)(5) of the Revised Code does not require that a city council candidate disclose the source of a personal loan against his standard life insurance policy on the financial disclosure statement filed with the Ohio Ethics Commission.

  (2) Section 102.02(A)(5) of the Revised Code requires that a city council candidate disclose the names of all persons, including his parent or child, residing or transacting business in the state, to whom he owes more than $1,000, either in his own name or in the name of any other person, on the financial disclosure statement filed with the Ohio Ethics Commission.

  (3) Section 102.04(A)(6) of the Revised Code requires that a city council candidate disclose the names of all persons, including his parent or child, residing or transacting business in the state, who owe him more than $1,000, either in his own name or to any other person for his use or benefit, on the financial disclosure statement filed with the Ohio Ethics Commission.

77-008  Section 102.03(A) of the Revised Code does not prohibit an attorney, who served as a hearing examiner for the State Personnel Board of Review under an independent contract, from representing private clients before the Board within twelve months of the termination of his contract with the Board.

78-001  (1) The Ohio Ethics Law, Chapter 102. Of the Revised Code, does not, per se, prohibit the appointment of a former member of city council, who is a law partner of a present member of city council, to the position of City Solicitor.

  (2) Section 2921.42(A)(4) of the Revised Code prohibits a member of city council from knowingly having an interest in the profits or benefits of a contract for legal services between the city and the law firm with which he is associated.

78-002  (1) As used in Division (A) of Section 102.03 of the Revised Code, the phrase "represent . . . or act in a representative capacity" comprehends any formal or informal appearance or written or oral communication.

  (2) Division (A) of Section 102.03 of the Revised Code prohibits a school district transportation director from representing or acting in a representative capacity for a transportation company in which he is a partner, before the school district by which he is employed, on any matter in which he is directly concerned and personally participates by a substantial and material exercise of administrative discretion in his capacity with the school district.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a school district transportation director from using or attempting to use his official position to secure anything of value for himself that would not ordinarily accrue to him in the performance of his official duties, which thing is of such character as to manifest a substantial and improper influence upon him with respect to his duties.

  (4) Division (C) of Section 102.04 of the Revised Code prohibits a school district transportation director from receiving or agreeing to receive compensation, directly or indirectly, other than from the school district, for any service rendered or be rendered by him personally in any case, proceeding, application, or other matter which is before the school district.

  (5) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a school district transportation director from knowingly having an interest in the profits or benefits of a contract entered into by or for the use of the school district.

78-003  Division (A)(4) of Section 2921.42 of the Revised Code would prohibit a county commissioner from knowingly having an interest in the profits or benefits of a public contract for commercial development financed through industrial revenue bonds.

78-004  (1) For purposes of the Ohio Ethics Law and Section 2921.42 of the Revised Code, the term "public official" comprehends a corporation appointed to serve as city engineer and a member or employee of the firm designated to serve in that capacity.

  (2) Section 102.03(D) of the Revised Code prohibits a city engineer from using or attempting to use his official position to secure anything of value for himself that would not ordinarily accrue to him in the performance of his duties, which thing is of such character as to manifest a substantial and improper influence upon him with respect to his duties.

  (3) Section 102.04(C) of the Revised Code prohibits a city engineer from receiving or agreeing to receive compensation, directly or indirectly, other than from the city, for any service rendered or to be rendered by him personally in any matter before city council or any agency of the city, except the courts.

  (4) Section 2921.42(A)(4) of the Revised Code prohibits a city engineer from knowingly having an interest in the profits or benefits of a contract for engineering services by or for the use of the city with which he serves.

78-005  (1) As used in Section 2921.42 of the Revised Code, an "interest" in a public contract must be a definite, direct interest in order to constitute a violation.

  (2) Section 2921.42(A)(1) of the Revised Code does not prohibit a county commissioner from voting to approve the issuance of an industrial revenue bond to a company which is a client of an accounting firm in which her husband is a partner, if the husband's sole interest is a distributive share of the fees earned by his firm for accounting services rendered to the company seeking the bond.

78-006  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a board of education from voting to approve or otherwise knowingly using the authority or influence of his office to secure authorization of a contract for the purchase of school buses in which his employer has an interest, even though the board member himself does not have a prohibited interested in the contract.

  (2) For purposes of Division (A)(1) and (A)(4) of Section 2921.42 of the Revised Code, the fact that a member of a board of education is employed by a company seeking to contract with the board does not, per se, constitute a prohibited interest in the contract.

78-007  (1) Division (A) of Section 102.04 of the Revised Code prohibits a person appointed to a state commission from receiving compensation, directly or indirectly, other than from the commission with which he serves, for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is before the General Assembly or any department or agency of the state, except the courts.

  (2) Division (D) of Section 102.04 of the Revised Code establishes an exemption from the prohibitions of Division (A) that is available to a person appointed to a state commission if both of the following apply:

   (a) The agency before which the matter that involves the rendering of his services in pending is an agency other than the one with which he serves; and

   (b) Prior to rendering the services, the public official files a statement with the commission with which he serves and the agency before which the matter is pending:

    (i) identifying the agencies involved;

    (ii) describing the matter involved and the services to be rendered; and

    (iii) including a statement of disqualification for two years from official involvement with officials or employees of the agency before which the matter is pending.

79-001  (1) Division (D) of Section 102.03 of the Revised Code prohibits a county prosecuting attorney from using or attempting to use his official position to secure anything of value for himself, including the proceeds of a contract with the county welfare department to provide child support enforcement, that would not ordinarily accrue to him in the performance of his official duties and that is of such character as to manifest a substantial and improper influence upon him with respect to his duties.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a county prosecuting attorney from knowingly authorizing or using the authority or influence of his office to secure authorization of a public contract, including a contract with the county welfare department to provide child support enforcement, in which he has an interest, directly or indirectly.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a county prosecuting attorney from knowingly having a personal interest in the profits or benefits of a contract with the county welfare department to provide child support enforcement.

79-002  (1) Division (D) of Section 102.03 of the Revised Code prohibits a public official or employee from soliciting or receiving a fee for consulting services from a private firm if the consulting fee is received from a party that is either interested in matters before the agency with which the official or employee serves, or is regulated by that agency.

  (2) Division (A) of Section 102.04 of the Revised Code prohibits a public official or employee from receiving compensation, in the form of a consulting fee, for services rendered or to be rendered by him for a private firm in a matter that is before the agency with which he serves.

79-003  (1) Division (D) of Section 102.03 of the Revised Code prohibits a member of a township zoning commission from voting to approve a zoning change or variance for property in which he has a commission interest as a real estate agent.

  (2) Division (C) of Section 102.04 of the Revised Code prohibits a member of a township zoning commission from receiving compensation, in the form of a real estate commission, for any service rendered by him personally in a zoning change or variance that is before the zoning commission.

79-004  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a state commission from knowingly participating in discussions, voting, or otherwise using the authority or influence of his office to secure approval of an application in which the corporation with which he serves as an officer and employee is a participant.

  (2) Division (A)(2) of Section 2921.42 of the Revised Code prohibits a member of a state commission from knowingly participating in discussions, voting, or otherwise using the authority or influence of his office to secure the investment or use of public funds to guarantee any mortgage in which the corporation with which he serves as an officer and employee is a participant.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a state commission, who is an officer of a corporation which has applied to participate in a commission program, from knowingly having an interest in the profits or benefits of a public contract entered into by or for the use of the commission with which he serves.

79-005  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a village council from knowingly authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a roof repair contract between the village and a corporation in which he, a member of his family, or any of his business associates has an interest.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a village council from knowingly having an interest in a roof repair contract between the village and a corporation of which he is a part owner.

79-006  Division (D) of Section 102.03 of the Revised Code prohibits a public official or employee from soliciting or receiving an honorarium for delivering a speech or participating in a seminar sponsored by a private corporation, if the honorarium is received from a party interested in matters before the agency with which the official or employee serves, or regulated by the agency.

79-007  (1) Division (A) of Section 102.03 of the Revised Code prohibits a city council member, who is an engineer and surveyor, from representing a private client or acting in a representative capacity for any person on any matter with which he is directly concerned and in which he personally participated by a substantial and material exercise of administrative discretion in his capacity as a city council member, including a zoning change or variance.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a city council member from voting to approve plats and plans which he has drafted, for compensation, in his capacity as a private engineer and surveyor.

  (3) Division (C) of Section 102.04 of the Revised Code prohibits a city council member from receiving compensation for engineering services rendered by him personally for a private client on matter which is before the city council or any agency of the city.

79-008  Division (D) of Section 102.03 of the Revised Code prohibits a city council member from voting on a zoning change affecting real property owned by his wife.

79-009  (1) The Ohio Ethics Law and Section 2921.42 of the Revised Code do not, per se, prohibit an employee of the Division of Parks and Recreation of the Department of Natural Resources from bidding on a concessions contract with the Division, provided that: a) he is not involved in the issuance of the contract; b) he does not use his position to secure approval of the contract; and c) the contract procedure is in accordance with Section 1501.091 of the Revised Code.

  (2) The Ohio Ethics Law and Section 2921.42 of the Revised Code do not, per se, prohibit an employee of the Division of Parks and Recreation of the Department of Natural Resources from resigning and then contracting with the Division.

80-001  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city council member from authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a public contract in which his brother has an interest.

  (2) For purposes of Section 2921.42 of the Revised Code, the term "a member of his family" includes, but is not limited to: a) grandparents; b) parents; c) spouse; d) children, whether dependent or not; e) grandchildren; f) brothers and sisters; or g) any person related by blood or marriage and residing in the same household.

80-002  Division (C) of Section 102.04 of the Revised Code prohibits a city council member from receiving compensation from a community improvement corporation designated by the city with which he serves.

80-003  (1) Division (A) of Section 102.03 of the Revised Code prohibits a school board member from representing or acting in a representative capacity for the automobile dealership by which he is employed, before the school district, on any matter in which he is directly concerned and in which he personally participates by a substantial and material exercise of administrative discretion in his capacity on the school board.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a school board member from voting or otherwise using or attempting to use his official position to secure approval of a contract for the purchase or service of school buses involving the automobile dealership by which he is employed.

  (3) Section 2921.42 of the Revised Code prohibits a school board member from knowingly authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a public contract for the purchase or service of school buses involving the automobile dealership by which he is employed.

80-004  Division (D) of Section 102.03 of the Revised Code prohibits a member of a state licensing board from accepting the payment of registration fees and lodging for his attendance at a conference sponsored by a professional association whose members are regulated by the board.

80-005  Division (A) of Section 102.02 of the Revised Code requires a person who holds an elective office to file a financial disclosure statement on or before the 15th day of April of each year, unless he is a qualified candidate for office.

80-006  Division (A)(4) of Section 2921.42 of the Revised Code prohibits a county commissioner from knowingly having an interest in the profits or benefits of a public contract, including an industrial revenue bond, entered into by or for the use of the county with which he serves.

80-007 (overruled, in part, by 92-013)   (1) Division (D) of Section 102.03 of the Revised Code prohibits a city council member from participating in discussions or voting on council matters regarding a downtown revitalization project which would benefit his property. 

  (2) Section 2921.42 of the Revised code prohibits a city council member from knowingly participating in discussions or voting to approve a public contract for downtown revitalization which would benefit his property.

80-008  Division (A) of Section 102.03 of the Revised Code prohibits a former state employee from representing a private client on a matter in which he personally participated as a state employee, for a period of twelve months after he leaves state service.

81-001  Division (A) of Section 2921.42 of the Revised Code prohibits a member of city council from knowingly authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a public contract in which his employer has an interest.

81-002  Division (A) of Section 102.03 of the Revised Code prohibits a former state employee from representing a private client before any public agency on a matter in which he personally participated as a state employee.

81-003  The Ohio Ethics Law and Section 2921.42 of the Revised Code prohibit a board member of a private contract agency from serving on a county board of mental retardation and developmental disabilities.

81-004  Division (A)(1) of Section 2921.42 of the Revised Code prohibits a county auditor from authorizing a property reappraisal contract with a company owned by his son.

81-005  Section 2921.42 of the Revised Code prohibits a city official or employee from serving as an officer or board member of an undesignated community improvement corporation established by the city.

81-006  Division (A) of Section 102.04 of the Revised Code prohibits a state employee, who is a psychologist, from receiving or agreeing to receive compensation as a consultant to a private hospital on a matter that requires the approval of the agency that employs him.

81-007  Division (D) of Section 102.03 of the Revised Code prohibits an employee of a county recorder's office from receiving compensation from private individuals for conducting title searches.

81-008  Division (A)(4) of Section 2921.42 of the Revised code prohibits a city council member from serving on the board of a non-profit corporation that contracts to sell goods or services to the city.

82-001  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city engineer from reviewing private engineering work prepared by him or by other members of the firm by which he is employed.

  (2) Division (C) of Section 102.04 of the Revised Code prohibits an individual or firm serving as a city engineer from receiving compensation from private clients for engineering services provided in a matter before the city engineer's office or any other agency of the city.

82-002  (1) Division (A) of Section 102.03 of the Revised Code prohibits a former examiner for the State Auditor's office from representing a city by which he is now employed, before the State Auditor's Office, on any matter in which he personally participated while employed by the State Auditor.

  (2) Division (D) of Section 102.03 of the Revised code prohibits an examiner employed by the State Auditor form seeking employment with a city during the course of his audit of that city.

82-003  (1) Section 2921.42 of the Revised Code does not prohibit a school board member, whose spouse is a teacher and a member of the teachers' union in the school district, from voting on a master contract between the school district and the teachers' union.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a school board member, whose spouse is a teacher in the school district, from authorizing, voting, or otherwise using the authority or influence of his office to secure approval of an individual contract with his spouse.

82-004  Division (A)(4) of Section 2921.42 of the Revised Code does not prohibit a city administrator or council member from serving on the board of a non-profit corporation that receives funds through the city under a state litter control grant if he serves in his official capacity as required under the terms of the grant.

82-005  Division (D) of Section 102.03 of the Revised Code prohibits a city council member from receiving free cable television service from a corporation that holds a cable television franchise granted by the city.

82-006  (1) Division (A) of Section 102.04 of the Revised Code prohibits a physician who is a member of the state Medical Board from receiving compensation, directly or indirectly, other than from the Medical Board, for services rendered as a consultant to the Department of Mental Retardation and Developmental Disabilities and as a provider for the Department of Public Welfare.

  (2) Division (D) of Section 102.04 of the Revised Code exempts a member of the state Medical Board from the prohibition in Division (A) of that Section, if both of the following apply:

   (a) The agency to which he is rendering the services, or before which the matter that involves the rendering of his services is pending, is an agency other than the one with which he serves; and

   (b) Prior to rendering the services, the public official files a statement with the agency with which he serves, the agency to which he is rendering the services or before which the matters are pending, and the Ohio Ethics Commission:

    (i) identifying the agencies involved;

    (ii) describing the matters involved and the services to be rendered; and

    (iii) including a statement of disqualification for two years from participation in matters concerning personnel of the agencies to which he is rendering the services, or before which the matters are pending.

82-007  (1) The Ohio Ethics Law and related statutes do not prohibit a partner in a public accounting firm that has a professional services contract with a regional sewer district from accepting an appointment to the board of trustees of the sewer district, provided that all elements of Division (C) of Section 2921.42 of the Revised Code are met.

  (2) The exemption of Division (C)(2) of Section 2921.42 of the Revised code for services being furnished as part of a "continuing course of dealing" applies only to services provided during the term of the existing contract.

83-001  (1) Division (D) of Section 102.03 of the Revised Code prohibits a county engineer from reviewing a survey prepared by him or by other members of his firm that has been filed with an office of the county with which he serves.

  (2) Division C) of Section 102.04 of the Revised code does not prohibit a county engineer from receiving compensation for performing survey work for a private client as part of a real estate conveyance that is not part of a case, proceeding, application, or other matter before the county.

83-002  The Ohio Ethics Law and related statutes do not prohibit a city council member from being affiliated in a legal association with the city law director, provided that: (1) only expenses, and not profits, are shared by the association; and (2) the council member does not participate in discussions, vote, or otherwise use the authority or influence of his office to secure approval or the contract between the city and the law director.

83-003  Section 2921.42 of the Revised Code prohibits the chief financial officer of a state university from serving on the board of directors of a bank that is a university depository.

83-004  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city police officer from contracting to sell trophies and awards to the city department of recreation and parks unless all the requirements of Division (C) of Section 2921.42 are met.

  (2) The criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are strictly applied; the requirement of paragraph (C)(2) that the goods be "unobtainable elsewhere for the same or lower cost" must be demonstrated by some objective standard, and although competitive bidding helps to demonstrate compliance with the requirement, it is not determinative.

  (3) Where the Ohio Ethics Law and related statutes conflict with the provisions of a city charter, the state criminal statutes prevail.

83-005  The Ohio Ethics Law and related statutes prohibit a city employee from receiving a federally funded loan or grant from the city division of community development.

83-006  Section 2921.42 of the Revised Code does not prohibit a city employee from purchasing unclaimed items at a public police auction.

83-007  Division (D) of Section 102.03 of the Revised Code prohibits inspectors and other employees of the Board of Cosmetology from selling cosmetology products to salons that they inspect or otherwise regulate.

83-008  The Ohio Ethics Law and related statutes do not prohibit a city council member who is affiliated with the mayor in a legal professional corporation from voting on an ordinance increasing the salary of the office of the mayor, effective during the next term following an election.

83-009  The Ohio Ethics Law and related statutes do not prohibit a county prosecutor from representing a joint ambulance district in his private capacity, provided that the representation is not before agencies of the county, and not on a matter in which he personally participated as a public official.

83-010  Division (A)(4) of Section 2921.42 of the Revised Code does not prohibit a city council member from serving on the board of a non-profit research and community development corporation that contracts with the city, provided the council member serves on the board in his official capacity as directed by council.

84-001  The Ohio Ethics Law and related statutes do not prohibit a city fire chief or other city official or employee from serving on the board of a non-profit corporation created by the city and other jurisdictions to provide contract paramedic services, provided that he is serving in his official capacity as designated by city council, and that no other conflict of interest exists.

84-002  Division (A)(4) of Section 2921.42 of the Revised Code prohibits a private law firm consisting of two assistant county prosecutors from being retained to represent the county on collective bargaining issues.

84-003  The Ohio Ethics Law and related statutes do not prohibit a township from acquiring, either by direct purchase or eminent domain proceeding, real property owned by the wife of a township trustee, provided that the township trustee does not participate in discussions, deliberations, or votes, or otherwise use the authority or influence of his office, to secure approval of the acquisition or appropriation.

84-004  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city auditor/tax commissioner or his employees from reviewing the tax returns of private clients prepared by him or other members of his private firm.

  (2) Division (C) of Section 102.04 of the Revised Code prohibits a city auditor/tax commissioner from receiving compensation from private clients for tax or accounting services provided in a case, proceeding, application, or other matter before any agency of the city, excluding the courts.

84-005  (1) Division (A) of Section 102.03 of the Revised Code prohibits a former employee of a state department from representing his new employer before the department or any other public agency for a period of one year after his departure from state service on any matter in which he personally participated as a state employee.

  (2) Division (A) of Section 102.03 of the Revised Code does not prohibit a former employee of a state department from representing his new employer before the department on a new matter that arose after his departure from state service.

84-006  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a township trustee from having an interest in a contract between the township and his private business firm to provide equipment and services to the township, unless all the requirements of Division (C) are met.

  (2) The exemption of Division (C) of Section 2921.42 of the Revised Code does not apply to Section 511.13 of the Revised Code.

84-007  Division (D) of Section 102.03 of the Revised Code prohibits a district supervisor of oil and gas well inspectors employed by the Division of Oil and Gas of the Department of Natural Resources from reviewing or supervising the inspection or regulation of a gas or oil well in which he has an interest.

84-008  (1) Division (D) of Section 102.03 of the Revised Code prohibits an employee of a state commission from using his official position to secure a finder's fee or other payments from a manufacturer of a computer service or its agent that sells the system to the commission or other government or private agencies.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits an employee of a state commission from serving as a member of or consultant to a commission task force on computerization or otherwise using the authority or influence of his office to secure authorization of a public contract for computer services in which he or a business associate has an interest.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits an employee of a state commission from having an interest in a computer service contract between the commission and a manufacturer or its agent with whom he is associated in business.

  (4) Division (A) of Section 102.04 of the Revised Code prohibits an employee of a state commission from receiving compensation, other than from the commission, for personal services rendered as a consultant on a case, proceeding, application, or other matter before any agency of the state, unless the exemption of Division (D) of Section 102.04 is applicable.

84-009  (1) Division (D) of Section 102.03 of the Revised Code prohibits a member of the professional staff of a community developmental center operated by the Department of Mental Retardation and Developmental Disabilities from serving as an employee of, or consultant to, a corporation that operates group homes under contract with the Department to provide residential services in the community for clients under the Department's jurisdiction.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of the professional staff of a community developmental center operated by the Department of Mental Retardation and Developmental Disabilities from authorizing or using the authority or influence of his office to secure approval of the placement of Department clients in a group home operated by a corporation with which he serves as an employee or consultant.

84-010  (1) Division (D) of Section 102.03 of the Revised Code prohibits an employee of a state department from soliciting or receiving travel expenses from a party that is interested in matters before, regulated by, or doing or seeking to do business with the department.

  (2) Division (D) of Section 102.03 of the Revised code prohibits the spouse of a state employee from receiving travel expenses from a party that is interested in matters before, regulated by, or doing or seeking to do business with the department with which the public employee serves.

84-011  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city employee from receiving a federally funded housing rehabilitation grant or loan from the city, unless all the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met.

  (2) The criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are strictly applied; the requirement of paragraph (C)(2) that the services that are the subject of the contract be "unobtainable elsewhere for the same or lower cost" must be demonstrated by some objective standard, based on the facts and circumstances of the particular case.

84-012  Division (D) of Section 102.03 of the Revised Code prohibits a service forester employed by the Division of Forestry of the Department of Natural Resources, who owns a tree service company, from soliciting or receiving fees for services rendered on a project on which he provides, or is required to provide, technical assistance or advice in his official capacity.

84-013  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city employee from using his official position to market computer software that was developed and licensed by a computer software firm under a contract with the city.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city employee from knowingly authorizing or using the authority or influence of his office to secure approval of a contract between the city and a computer software firm with which he is associated.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city employee from knowingly soliciting or receiving a commission, payment, or fee, or having any other interest in the profits or benefits of a contract between the city and a computer software firm with which he is associated.

84-014  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city fire chief from soliciting or receiving a commission on the purchase of fire equipment by the city.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city fire chief from knowingly authorizing or otherwise using the authority or influence of his office to secure approval of a contract between the city and a fire equipment firm with which he is associated.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city fire chief from knowingly having any interest in the profits or benefits of a contract between the city and a fire equipment firm with which he is associated.

85-001  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a park manager employed by the Department of Natural Resources from authorizing or otherwise using the authority or influence of his office to secure approval of a contract between the Department and his private company to provide machine repair and maintenance services in his park and elsewhere in the state park system.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a park manager employed by the Department of Natural Resources from having an interest in a contract with the Department to provide machine repair and maintenance services in his park and elsewhere in the state park system, unless the requirements of Division (C) of Section 2921.42 of the Revised Code are satisfied.

  (3) Division (A)(5) of Section 2921.42 and Division (B) of Section 102.04 of the Revised Code prohibit a park manager employed by the Department of Natural Resources from contracting with the Department to provide machine repair and maintenance services in his park and elsewhere in the state park system, except through competitive bidding.

85-002  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city mayor from authorizing or otherwise using the authority or influence or his office to secure approval of a public contract in which his brother has an interest.

  (2) A mayor's brother who is an officer and partner of a firm under contract with a developer to procure tenants for property renovated with a city loan does not have a sufficiently definite and direct interest in the loan to constitute an "interest" in a public contract for purposes of Section 2921.42 of the Revised Code.

  (3) A mayor's brother who is under contract with a savings bank to negotiate a lease and option to purchase real property upon which a commercial office building will be constructed with partial financing from a city grant does not have a sufficiently definite and direct interest in the grant to constitute an "interest" in a public contract for purposes of Section 2921.42 of the Revised Code.

85-003 (overruled, in part, by 92-017)   (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a county engineer from authorizing or otherwise using the authority or influence of his office to secure approval of a contract for the employment of his spouse in the county engineer's office or other agency of the county.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code does not, per se, prohibit the spouse of a county engineer from being employed by the county.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a county engineer from having a direct, pecuniary interest in his spouse's employment contract with the county.

85-004  Division (A)(1) of Section 2921.42 of the Revised Code prohibits the Chairman or a member of the Ohio Building Authority, who is involved in a number of unrelated business partnerships with the principal of an architectural firm under contract to design a state office complex, from participating in deliberations, voting, or otherwise using the authority or influence of his office to secure authorization of changes in the terms or conditions of the contract, or other decisions under the contract, that materially affect the financial interests of the architectural firm.

85-005  A member of the Technical Advisory Committee to the Coal Development Office of the Department of Development is not a "public official or employee" for purposes of Chapter 102. and Section 2921.42 of the Revised Code.

85-006  The Ohio Ethics Law and related statutes do not, per se, prohibit a realtor from serving on a city planning commission, but condition his conduct while serving.

85-007 (overruled, by 2004-02)   (1) A county treasurer is not, per se, prohibited from serving on the board of directors of a bank that is a depository of county funds, because Sections 135.11 and 135.38 of the Revised Code, part of the Uniform Depository Act, provide an exemption from the prohibition of Division (A)(4) of Section 2921.42 of the Revised Code.

  (2) Division (D) of Section 102.03 of the Revised code prohibits a county treasurer from participating in a decision or authorizing a transaction involving the bank if he has a personal, financial stake in the decision or transaction.

85-008  (1) The Ohio Ethics Law and related statutes do not, per se, prohibit a systems manager for a firm operating a cable television franchise under an agreement with a city from being a candidate for city council, but would condition his conduct if elected.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city council member from authorizing or otherwise using the authority or influence of his office to secure approval of a public contract between the city and his employer, including any renewal, extension, or material change in the terms or conditions of the existing franchise agreement.

85-009  (1) The Ohio Ethics Law and related statutes do not, per se, prohibit an officer and part owner of a private company that sells fund raising services to building principals, parent groups, and school activity sponsors in school districts from serving as a member of a board of education.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a school board member who is an officer and part owner of a private company that sells fund raising services from authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a contract with a building principal or school activity group in his district.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a school board member who is an officer and part owner of a private company that sells fund raising services from having an interest in the profits or benefits of a contract with a building principal or school activity group for the use of the schools in his district.

85-010  (1) Division (C) of Section 102.04 of the Revised Code prohibits a member of a city board of building appeals who is an architect or engineer from receiving compensation from a private client for personal services rendered on plans to be submitted to the city certified building department for approval.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a city board of building appeals who is an architect or engineer from authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a public contract in which he, a family member, or a business associate has an interest.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a city board of building appeals who is an architect or engineer from having an interest in the profits or benefits of a public contract with the city with which he is connected.

85-011  The Ohio Ethics Law and related statutes do not prohibit the spouse of a city law director from leasing retail space in a building constructed by a developer on land purchased from the city under a revolving loan program, provided that the law director does not use his official position to secure the lease for his spouse.

85-012  (1) The Ohio Ethics Law and related statutes do not, per se, prohibit an officer or board member of a state professional association from serving on the state licensing board that regulates the profession.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a member of a state licensing board from soliciting or receiving expenses or other things of value from a state professional association whose members are regulated by the board with which he serves.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of a state licensing board who is an officer or board member of a state professional association from participating in deliberations, voting, or otherwise using his official position in any matter before the state licensing board on which the association has taken a formal position.

85-013  (1) Division (D) of Section 102.03 of the Revised Code prohibits a radio technician employed by the Division of Wildlife of the Department of Natural Resources from soliciting or receiving additional payments or fees for radio repair services that he provides, or is required to provide, in his official capacity.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a radio technician employed by the Division of Wildlife of the Department of Natural Resources from knowingly authorizing or otherwise using the authority or influence of his office to secure approval of a contract with the Department to provide radio repair services in his private capacity.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a radio technician employed by the Division of Wildlife of the Department of Natural Resources from knowingly having an interest in the profits or benefits of a public contract to provide radio repair services for the Department with which he serves.

85-014  (1) Division (D) of Section 102.03 of the Revised Code prohibits an employee of the Division of Geological Survey of the Department of Natural Resources from soliciting or receiving fees or payments from a private party for articles written as part of his official duties.

  (2) Division (D) of Section 102.03 of the Revised Code does not, per se, prohibit an employee of the Division of Geological Survey of the Department of Natural Resources from soliciting or receiving fees or payments from a private party for articles written in his area of general expertise, provided that he does not:

   (a) solicit or receive payments or fees from parties that are regulated by, doing business with, or interested in matters before the agency with which he serves;

   (b) sell services or property that are his duty to provide as part of his official duties;

   (c) use or disclose confidential information; or

   (d) use state time, facilities, or resources to prepare the articles.

85-015  Division (A)(1) of Section 2921.42 of the Revised Code prohibits a county sheriff from authorizing or otherwise using the authority or influence of his office to secure approval of a contract for the employment of his spouse or a family member as a deputy, matron, cook, assistant, clerk, bookkeeper or other employee in the county sheriff's office.

86-001  (1) Division (A) of Section 102.03 of the Revised code prohibits a former assistant director of the Department of Insurance from representing a private client before the Department or any other public agency for a period of one year after her departure from state service on any matter in which she personally participated as a state employee.

  (2) Division (A) of Section 102.03 of the Revised code does not prohibit a former assistant director of the Department of Insurance from representing a private client before the Department or any other public agency on a matter in which she did not personally participate or a new matter that arose after her resignation.

86-002  (1) Division (D) of Section 102.03 and Division (A)(1) of Section 2921.42 of the Revised Code prohibit a city council member, who is an officer and shareholder in an insurance agency, from authorizing, voting, or otherwise using his official position or the authority or influence of his office to secure approval of a public contract in which his firm provides a bid or performance bond or has some other interest.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city council member, who is an officer and shareholder of an insurance agency, from having an interest in the profits or benefits of a public contract with the city with which he serves, unless the criteria of Division (C) of Section 2921.42 of the Revised Code are satisfied.

86-003  (1) Division (D) of Section 102.03 of the Revised Code prohibits an employee of the Ohio Veterans Home from using his official position to secure his designation as an executor, administrator, or beneficiary of a resident's estate or any other thing of value from a resident.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits an employee of the Ohio Veterans Home from soliciting or receiving gifts, gratuities, loans, or any other thing of value from a resident.

86-004  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a regional authority who is a partner in a private law firm from voting, authorizing, or otherwise using the authority or influence of his office to secure approval of a contract between the authority and his firm.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a regional authority who is a partner in a private law firm from having an interest in the profits or benefits of a contract between the authority and his firm.

  (3) Division (C) of Section 102.04 of the Revised Code does not prohibit a member of a regional authority who is a partner in a private law firm from receiving a distributive share of partnership profits generated by the representation of a client by another member of the firm on a case, proceeding, application, or other matter before the authority, provided he does not render the services personally.

  (4) Division (D) of Section 102.03 of the Revised Code prohibits a member of a regional authority who is a partner in a private law firm from participating in discussions, voting, or otherwise using his official position concerning a matter on which a party is represented by a member of his firm.

86-005  Division (A)(4) of Section 2921.42 of the Revised Code prohibits a state employee from serving on the board of a for-profit corporation that contracts to sell goods or services to the agency with which he serves.

86-006  (1) Division (A) of Section 102.03 of the Revised Code prohibits a former state employee from representing a private client, including his new employer, before any public agency for a period of one year after his departure from state service on any equipment purchase, contract, or other matter in which he personally participated as a public official or employee.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a state employee from recommending, authorizing, or otherwise using his official position to secure an equipment purchase, contract, or other transaction with a private firm with which he is seeking or negotiating private employment.

86-007  (1) The Ohio Ethics Law and related statutes do not, per se, prohibit a person who has an interest in a private business licensed and regulated by a county board of health from serving as a member of the board, but would condition his conduct while serving.

  (2) Division (D) of Section 102.03 of the Revised code prohibits a member of a county board of health from participating in discussions, voting, or otherwise using his official position on a licensing, regulatory, personnel, or other matter before the board which benefits his private business or himself.

86-008  The Ohio Ethics Law and related statutes do not prohibit a city council member from establishing a private consulting firm to render services for clients seeking to do business with state agencies, provided that he uses his own time, facilities, and resources to conduct his private business, and that the clients are not regulated by, interested in matters before, or doing or seeking to do business with the city with which he is connected.

86-009  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city council member from authorizing, voting, or otherwise using the authority or influence of his office to secure approval of a lease of city-owned park land to a private party by whom he is employed to farm the leased property.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city council member from having an interest in the profits or benefits of a lease of city-owned park land for farming, unless the exemption of Division (C) applies.

86-010  Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city treasurer from authorizing or otherwise using the authority or influence of her office to secure approval of the employment of her sister as the city income tax director.

86-011  (1) Division (E) of Section 102.03 of the Revised Code prohibits a public official or employee from soliciting or accepting travel, meal, and lodging expenses from a party that is interested in matters before, regulated by, or doing or seeking to do business with the agency with which he serves.

  (2) Division (H) of Section 102.03 of the Revised Code does not permit a public official or employee to accept travel, meal, and lodging expenses from a party that is regulated by, doing business with, or seeking to do business with the agency with which he serves.

  (3) Division (I) of Section 102.03 of the Revised Code does not permit a public official or employee to accept travel, meal, and lodging expenses from a party that is interested in matters before, regulated by, or doing or seeking to do business with the agency with which he serves.

87-001  (1) Division (A) of Section 102.03 of the Revised Code prohibits a present or former public official or employee, during his public employment or service and for twelve months thereafter, from representing a client or acting in a representative capacity for any person, including a new employer, on any matter in which he personally participated while in government service.

  (2) A present or former public official or employee is prohibited by Division (A) of Section 102.03 of the Revised Code from representing a client or other person before his own public agency or former public agency, and before any other public agency, as defined in Division (C) of Section 102.01 of the Revised Code, during his public employment or service and for twelve months thereafter, on a matter in which he personally participated as a public official or employee.

  (3) Division (A) of Section 102.03 of the Revised code does not, per se, prohibit a former employee of a state agency from accepting employment with a private firm under contract with the agency, provided he does not represent that firm before any public agency on any matter in which he personally participated as a public official or employee.

87-002  (1) A member of a county board of elections is connected with the county which he serves for purposes of Division (A)(4) of Section 2921.42 of the Revised Code.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of the county board of elections from selling property or services to the county, unless all of the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met.

87-003  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of the Ohio Children's Trust Fund Board from serving as a member of the board of trustees or an officer of a nonprofit corporation which receives a grant awarded by the Board, or which receives a subgrant from an organization awarded moneys by the Board, unless all of the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met.

  (2) A member of the Ohio Children's Trust Fund Board is not prohibited by Division (A)(4) of Section 2921.42 of the Revised Code from serving as a member of the board of trustees or officer of a nonprofit corporation which is a member of a coalition receiving moneys from a grant awarded by the Board.

  (3) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of the Ohio Children's Trust Fund Board from authorizing or employing the authority or influence of his office to secure a grant for a nonprofit corporation of which he is a member of the board of trustees or an officer, to secure a grant for an organization which would use the grant to award a subgrant to his corporation, or to secure a grant for the benefit of a coalition which includes a nonprofit corporation of which he is a trustee or officer.

87-004  (1) Division (A) of Section 102.03 of the Revised Code prohibits the former director of the Department of Development, for twelve months after leaving public service, from representing his new employer before the Department of Development or other public agency on any matter in which he personally participated while director of the Department, including a grant which he had previously recommended be awarded to the firm by which he was later employed.

  (2) Division (D) of Section 102.03 of the Revised code prohibits the director of the Department of Development from seeking employment with any firm that has an application for a grant pending before the Department, unless he is able to withdraw from consideration of the application, and from acting upon, or otherwise using his official position with regard to any application for assistance from a firm with which he is seeking or negotiating employment.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits the director of the Department of Development from using the authority or influence of his position to secure anything