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 2009-06

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 of value for a firm from which he has accepted an offer of employment.

  (4) Division (A)(3) of Section 2921.42 of the Revised Code prohibits the former director of the Department of Development, for a period of one year after leaving state service, from receiving compensation for serving in a position which would not have been created but for the award of a grant authorized by him.

87-005  (1) Division (E) of Section 102.03 of the Revised Code does not prohibit a public agency from soliciting or accepting from a regulated party travel, lodging, and meal expenses which the agency is statutorily authorized to charge for the cost of inspecting or examining such party.

  (2) Division (F) of Section 102.03 of the Revised Code does not prohibit a party from promising or giving to a public agency that regulates such party travel, meal, and lodging expenses which the public agency is statutorily authorized to charge for the cost of inspecting or examining such party.

87-006  Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a county board of mental retardation and developmental disabilities, and the superintendent, an administrative official, or case manger employed by the board, from serving, or using the authority or influence of his public office or employment to secure a position, as trustee, officer, or employee of a residential service provider, regardless of whether the county board has contracted with the residential service provider.

87-007  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a public official or employee from soliciting, accepting, or using the authority or influence of his office or employment to secure travel expenses from a party which is doing business with his agency, where the requirement that trips be provided by the party to officers or employees of the public agency for the purpose of conducting official business is included in the public agency's bid specifications, and ultimately in the contract executed between the party and the public agency.

  (2) Division (F) of Section 102.03 of the Revised Code does not prohibit a party from promising or giving travel expenses to a public official or employee of a public agency with which it is doing business, where the requirement that trips be provided by the party to officers or employees of the public agency for the purpose of conducting official business is included in the public agency's bid specifications, and ultimately in the contract executed between the party and the public agency.

87-008  (1) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a member of a board of education, for a period of one year after leaving office, from accepting employment with the board where such employment was authorized by the board while he was a member thereof.

  (2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a board of education from soliciting, or using the authority or influence of his office to secure, employment with the board.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of a board of education from voting, deliberating, participating in discussions, or otherwise using the authority or influence of his office to create a position with the school district or to set the compensation for such position where he is considering, or being considered for, employment in that position.

87-009  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of city council from serving as the agency for landowners who have petitioned to have their property annexed to the city which he serves, and from serving as the agent's attorney.

  (2) Division (C) of Section 102.04 of the Revised Code prohibits a member of city council from receiving directly or indirectly compensation for personally representing or providing any other serving for landowners on their application for annexation pending before city council.

88-001  (1) Division (B) of Section 102.04 of the Revised Code does not apply to the provision of personal, professional services, and thus would not prohibit a physician who is employed by the Department of Mental Retardation and Developmental Disabilities from contracting to provide on-call medical services to the Department, regardless of whether such contract was competitively bid.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a physician who is employed by the Department of Mental Retardation and Developmental Disabilities from contracting with the Department to provide on-call medical services, unless all of the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met.

  (3) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a physician who is employed by the Department of Mental Retardation and Developmental Disabilities from authorizing, or using the authority or influence of his employment to secure authorization of, a contract under which he would provide on-call medical services to the Department.

88-002  Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a deputy director of the Office of Budget and Management who is the President of the Controlling Board from accepting, soliciting, or using his official authority or influence to secure employment with a state agency.

88-003  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a county officer, employee, or agent from conveying real property which he owns to the board of county commissioners, where the board seeks to acquire such property by direct purchase or through eminent domain proceedings, unless all of the criteria for the exemption of Division (C) of Section 2921.42 are met; under Division (C)(2) it must be demonstrated that the property of the county official is either the least costly property for the county or is uniquely suited to meet the requirements of the board of county commissioners because of its location, size, or other characteristics.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a county officer or employee from voting, deliberating, participating in discussions, or otherwise authorizing or using the authority or influence of his position to secure the acquisition of his property by the county.

  (3) Division (B) of Section 102.03 of the Revised Code prohibits a county officer or employee from using, without appropriate authorization, confidential information acquired by him in his official capacity with regard to the county's plans to construct a public improvement or acquire property in connection therewith.

  (4) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a county commissioner, or other county official who has the authority to acquire property or who serves on a board or commission with such authority, from profiting from the acquisition of real property authorized by him or by his board or commission, where such acquisition is not made pursuant to competitive bidding or is awarded pursuant to competitive bidding, but is not the lowest and best bid.

88-004  (1) The Ohio Ethics Law and related statutes do not prohibit a city council member from participating in matters that would provide a general, uniform benefit to citizens within the city.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a city council member from voting, deliberating, participating in discussions, or otherwise using his official authority or influence with regard to any matter that would provide such a definite and particular pecuniary benefit or detriment to property in which he has an interest that his private interests could impair his independence of judgment in making his official decisions.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a city council member from voting, deliberating, participating in discussions, or otherwise using his official authority or influence with regard to any matter that would provide a definite and particular pecuniary benefit or detriment to property in which a business associate has an interest, unless the council member can demonstrate that, under the circumstances, his independence of judgment in making official decisions could not be impaired by his business associate's interests.

88-005  (1) Division (D) of Section 102.03 of the Revised Code does not prohibit a member of a city planning commission from participating in discussions or the decision to rezone property owned by a designated community improvement corporation of which he is a trustee, where he has been properly designated by the city to serve as trustee in his capacity as a city official.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a member of a city planning commission from discussing, voting, or otherwise using his official authority or influence, to secure the disapproval of a zoning change for property, where he is interested in purchasing such property, and the planning commission's failure to approve the zoning change will provide the member the opportunity to purchase the property.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of a city planning commission from discussion, voting, or otherwise participating in the decision to rezone property owned by a community improvement corporation, where his immediate supervisor in his private employment is the president of the community improvement corporation.

  (4) Division (D) of Section 102.03 of the Revised Code does not prohibit a member of a city planning commission from participating in discussions or the decision to rezone property owned by a community improvement corporation, where his daughter's supervisor is the president of the community improvement corporation.

88-006  (1) A city officer or employee is prohibited by Division (A)(4) of Section 2921.42 of the Revised Code from purchasing real property from the city under a land reutilization program, where he would be required by the city to construct an improvement upon the property or otherwise use such property for a specific purpose, unless all of the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met.

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city officer or employee from voting, discussing, deliberating, or otherwise using his official authority or influence, formally or informally, to secure real property from the city under a land reutilization program.

  (3) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a city officer or employee whose approval is necessary to the sale of real property by the city under a land reutilization program, or who serves as a member of a legislative body, board or commission which must approve the sale, from purchasing such property where there is no competitive bidding process.

88-007  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a board of education from authorizing, voting, deliberating, participating in discussions, or otherwise using her authority or influence, formally or informally, to secure authorization, modification, or renewal of a contract between the board of education and her spouse's law firm.

  (2) Division (A)(4) of Section 2921.42 of the Revised Code does not prohibit a person from serving as a member of a board of education, where her spouse is a partner in a law firm which has entered into a contract with the board of education, unless the person would derive some direct interest or benefit from the board's employment of her spouse's law firm.

88-008  (1) Division (A)(4) of Section 2921.42 of the Revised code prohibits a member of city council from serving as a director of an insurance company which has interest into a contract with any agency, board, department, or office of the city, unless all of the criteria for the exemption of Division (C) of Section 2921.42 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" can be established where the contract existing prior to the time when the city council member becomes associated with the city is automatically renewed after the council member's election or appointment if provision for such automatic renewal is a term of the existing contract and if the contract is renewed without action of any office, department, or agency of the city. If, however, the existing contract is renewed by action of the city, modified, extended or otherwise changed after the city council member's election or appointment, he cannot meet the "continuing course of dealing" exception of Division (C)(2), even where such change is negotiated or executed by an agency of the city other than city council.

  (3) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a member of city council from serving as a director of an insurance company which has entered into a public contract approved or authorized by city council where the contract was not competitively bid and not the lowest and best bid, and where: (a) the establishment or operation of the insurance company is dependent upon receipt of the contract; (b) the creation or continuation of the official's position with the insurance company is dependent upon the award of the contract; (c) the proceeds from the contract would be used by the insurance company to compensate the official or as a basis for the official's compensation; or (d) the official would otherwise profit from the contract. The prohibition of Division (A)(3) applies for one year after the city council member leaves office, but does not apply with regard to any contract approved or authorized by city council prior to the member's election or appointment.

  (4) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of city council from voting, discussing, deliberating, or otherwise using his official authority or influence, formally or informally, to secure a contract between the city and an insurance company which he serves as director.

88-009  (1) Division (A) of Section 102.03 of the Revised Code does not prohibit the former director of a private, non-profit agency which has entered into a contract with a joint-county community mental health board from serving as a board member of the mental health district even though he signed the existing contract between the agency and the mental health board in his capacity as director of the contract agency;

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a board member of a joint-county community mental health district from voting upon, or discussing, deliberating or taking any action regarding a contract existing between the mental health board and a private, non-profit agency he formerly served as director, where he signed the contract in his capacity as director of the agency.

  (3) Division (B) of Section 102.03 of the Revised Code prohibits a board member of a joint-county community mental health district from disclosing or using, without appropriate authorization, confidential information acquired in his official capacity as a board member for the joint-county community mental health district.

89-001  (1) A public official or employee who is required to file a financial disclosure statement pursuant to R.C. 102.02 is deemed to owe a person more than one thousand dollars for purposes of Division (A)(5) of that section where he has made purchases from that person costing more than one thousand dollars and has deferred payment for those items under the terms of a credit agreement, even though the public official or employee subsequently pays the entire amount owed during the grace period allowed under the credit agreement, so that no interest charges are incurred.

  (2) R.C. 102.02(A)(5) requires that a public official or employee disclose the names of all persons residing or transacting business in the state, to whom he has owed, in his own name or in the name of any other person, more than one thousand dollars at any time during the preceding calendar year.

  (3) R.C. 102.02(A)(6) requires that a public official or employee disclose the names of all persons residing or transacting business in the state who owed the public official or employee, either in his own name or in the name of any other person for his use or benefit, more than one thousand dollars at any time during the preceding calendar year.

89-002  The Ohio Ethics Law and related statutes do not prohibit private companies from donating industrial and safety equipment to the Industrial Commission, so long as no official or employee of the Commission benefits personally from the equipment, and so long as the donation is voluntary.

89-003 (overruled, in part, by 91-003)   Division (A) of Section 102.03 of the Revised Code prohibits a former public official or employee who participated as a public official or employee through the exercise of administrative discretion under R.C. Chapters 343. or 3734. from representing or acting in a representative capacity for an owner or operator of a facility as defined in R.C. 3734.01(N) or an applicant for a permit or license for a facility under that chapter, before any public agency for twenty-four months after the conclusion of his service on any matter, regardless of whether he personally participated in the matter as a public official or employee, and regardless of whether the matter was handled by a governmental agency other than his former employer, or is unrelated to the regulation of solid, hazardous, or infectious wastes.

  (2) As used in Division (A) of Section 102.03 of the Revised Code, the term "represent" is defined to include any formal or informal appearance before, or written or oral communication with, any public agency including all courts.

  (3) A former public official or employee who is subject to the post-employment restrictions added by Am. Sub. H.B. 592 to R.C. 102.03(A) is prohibited from formally or informally appearing before, or communicating orally or in writing with, any public agency on behalf of a facility owner or operator or applicant for a permit or license for a facility, and from preparing any letters, reports, or other documents that are presented to a public agency on behalf of such a party, regardless of whether the former official or employee personally participates in the presentation of the materials to the public agency.

  (4) A former public official or employee who is subject to the post-employment restrictions added by Am. Sub. H.B. 592 to R.C. 102.03(A) is prohibited from representing a facility owner or operator, or applicant for a permit or license for a facility before a public agency on any legislation or administrative rules in which he participated while in public service.

  (5) The twenty-four month period imposed by the amendment to R.C. 102.03(A) under Am. Sub. H.B. 592 commences when the public official or employee leaves public service, and not when he ceases to have responsibility for matters under Chapter 343. or Chapter 3734. Of the Revised Code.

  (6) Division (A) of Section 102.03 of the Revised Code does not apply to an independent contractor with a governmental agency so long as the independent contractor does not exercise sovereign powers of government through his authority and administrative discretion.

  (7) A public official or employee who is subject to the post-employment restrictions added by Am. Sub. H.B. 592 to R.C. 102.03(A) is prohibited from representing a political subdivision or governmental agency which is a facility owner or operator, or an applicant for a permit or license for a facility.

  (8) The post-employment restrictions added by Am. Sub. H.B. 592 to R.C. 102.03(A) do not apply to a former public official or employee who exercised administrative discretion under R.C. Chapter 343. or R.C. Chapter 3734. prior to the effective date of H.B. 592.

  (9) The restrictions added by Am. Sub. H.B. 592 to R.C. 102.03(A) do not apply to present, as opposed to former public officials and employees. However, the general provision of Division (A) of Section 102.03 of the Revised Code prohibits a present public official or employee who exercises administrative discretion under R.C. Chapters 343. or 3734. from representing or acting in a representative capacity for a facility owner or operator or applicant for a permit or license for a facility before any public agency on any matter in which the official personally participated as a public official or employee. Other provisions of the Ohio Ethics Law also restrict the conduct of a present public official or employee in representing a facility owner, operator, or applicant.

89-004  (1) Division (A)(4) of Section 2921.42 prohibits a public official from having an interest in the public contracts entered into by all of the political subdivisions, governmental agencies, and instrumentalities with which he is connected.

  (2) A member of a board of county commissioners is prohibited by R.C. 2921.42(A)(4) from having an interest in a public contract entered into by or for the use of a regional transit authority where the board of county commissioners participated in the creation of the authority and the county is included within the transit authority's jurisdiction.

  (3) Division (A)(1) of Section 2921.42 prohibits a member of a board of county commissioners from authorizing, or using the authority or influence of his office to secure authorization of, a public contract in which he, a member of his family, or any of his business associates has an interest, where the public contract is entered into by a regional transit authority which the board of county commissioners participated in creating and which includes the county.

  (4) Division (D) of Section 102.03 of the Revised Code prohibits a member of a board of county commissioners from using the authority or influence of his office to secure for his insurance agency contracts with a regional transit authority where the board of county commissioners has the power to appoint and remove trustees of the transit authority, and to appropriate moneys to the transit authority.

89-005  (1) A member of a school district board of education whose spouse is employed by the school district is not prohibited by the Ohio Ethics Law and related statutes from voting to accept or reject a proposed collective bargaining agreement between the school district and the employees' labor organization, unless his spouse is an officer, board member, or member of the negotiating team or committee of the employee organization.

  (2) A member of a school district board of education who is a teacher in another school district and a member of an employee labor organization by virtue of that employment is not prohibited by the Ohio Ethics Law and related statutes from participating in discussions or voting on a proposed collective bargaining agreement between the employee organization and the school district of which he is a board member.

89-006  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits an official or employee of the Ohio Department of Mental Health from providing teaching or training services to a college or university that receives a grant from ODMH where the official or employee would have a definite and direct interest in the grant as a result of his position with the college or university.

  (2) Division (A)(3) of Section 2921.42 prohibits an ODMH official or employee from profiting from a grant authorized by him or by a board or commission of which he is a member where the grant is not awarded through competitive bidding and is not the lowest and best bid.

  (3) Division (A)(1) of Section 2921.42 of the Revised Code prohibits an ODMH official or employee from using the authority or influence of his office, either formally or informally, to secure the award of a grant to a college or university with which he is employed.

  (4) Division (D) of Section 102.03 of the Revised Code prohibits an ODMH official or employee from using the authority or influence of his office to secure for himself employment with a college or university that has applied for or received an ODMH grant.

  (5) Division (E) of Section 102.03 of the Revised Code prohibits an ODMH official or employee from accepting an offer of employment with a college or university that has applied for or received a grant from the Office of Education and Training within ODMH if his duties at ODMH include reviewing or approving OET grants and he is unable to withdraw from consideration of the grant or grant application of his prospective employer.

  (6) Division (D) of Section 102.03 of the Revised Code prohibits an ODMH employee who has accepted a position with a college or university that has applied for or received an OET grant from using his position at ODMH to secure anything of value for the college or university, or for himself in the performance of his duties for the college or university.

89-007  A county treasurer is required by R.C. 102.02(A) to file a financial disclosure statement on or before April 15th of the year following his election, even though his term of office does not begin until the first Monday of September of the year following his election.

89-008  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of city council from having a definite and direct pecuniary or fiduciary interest in a tax abatement granted by the city to a company which employs the council member.

  (2) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a city council member from profiting from the award of a tax abatement authorized by city council while he is a member thereof.

  (3) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a city council member from voting, deliberating, participating in discussions, or otherwise authorizing or using the official authority or influence of his position with regard to an application for a property tax abatement submitted by a company with which he is employed.

  (4) Neither Division (A)(1) of Section 2921.42 of the Revised Code nor Division (D) of Section 102.03 of the Revised Code prohibits a city council member from voting, deliberating, participating in discussions or otherwise authorizing or using the authority or influence of his position with regard to an application for a property tax abatement submitted by a company which employs a member of the official's family, if the family member has no definite and direct pecuniary or fiduciary interest in the award of the abatement and does not receive a definite and direct benefit therefrom.

  (5) Neither Division (A)(1) of Section 2921.42 of the Revised Code nor Division (D) of Section 102.03 of the Revised Code prohibits a city council member who is a member of a labor organization from voting, deliberating, participating in discussions, or otherwise using the authority or influence of his position with regard to an application for a property tax abatement submitted by a company which employs members of the labor organization to which he belongs if he is not employed by the applicant company, and is not an officer, board member, or member of the negotiating team of the labor organization.

89-009  (1) Division (A) of Section 102.03 of the Revised Code does not prohibit a company which employs the former manager of a regional transit authority from bidding upon or entering into a contract to supply liability insurance to the transit authority.

  (2) Division (A) of Section 102.03 of the Revised Code does not prohibit an official or employee of a regional transit authority from being retained or employed to represent or assist the transit authority during the twelve-month period following his resignation from the transit authority.

  (3) For purposes of Division (A) of Section 102.03 of the Revised Code, the twelve-month period of post-employment restrictions commences when a public official or employee resigns from his office or employment and this period is not extended if the public official or employee is retained as an independent contractor or consultant to represent or assist his former public agency during the twelve-month period.

89-010  (1) Division (B) of Section 102.04 of the Revised Code prohibits an employee of the Department of Agriculture from selling or agreeing to sell tool sharpening services to the Department of Rehabilitation and Correction except through competitive bidding unless the provisions of Divisions (D) and (E) of Section 102.04 of the Revised Code are met.

  (2) Divisions (D) and (E) of Section 102.04 of the Revised Code allow for an exception to the competitive bidding requirement of Division (B) of Section 102.04 for an employee of the Department of Agriculture who wishes to sell tool sharpening services to the Department of Rehabilitation and Correction provided that the employee files the required statements describing his interest in the unbid contract and stating that he will disqualify himself for two years from any participation as an employee of the Department of Agriculture in any matter involving any public official or employee of the Department of Rehabilitation and Correction.

  (3) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a Department of Agriculture employee from accepting, soliciting, or using the authority or influence of his public employment to secure employment as an independent contractor at an institution where he performs regulatory responsibilities for the Department of Agriculture, regardless of the fact that the service performed for the institution as an independent contractor is unrelated to his duties as a Department of Agriculture employee, and regardless of the fact that he has complied with the requirements of Divisions (D) and (E) of Section 102.04 of the Revised Code.

89-011  (1) For purposes of Division (A)(4) of Section 2921.42 of the Revised Code a creditor has an interest in the contracts of a debtor corporation, unless he is able to meet all of the criteria for the exemption of Division (B) of Section 2921.42.

  (2) Division (B) of Section 2921.42 of the Revised Code provides that, in the absence of bribery or fraud, a public servant shall not be considered to have an "interest" in a public contract with his own political subdivision when: (a) the public servant's interest in a corporation doing business with his own political subdivision is limited to being a creditor of the corporation; (b) the amount due the public servant does not exceed five per cent of the total indebtedness of the corporation; and (c) the public servant files with the political subdivision an affidavit giving his exact status in connection with the corporation.

  (3) As used in Division (B) of Section 2921.42 of the Revised Code, the term "creditor" includes the beneficiary of an irrevocable trust that is created as a method of meeting the debtor's obligation to pay a pre-existing debt.

  (4) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a corporation from entering into a contract with a metropolitan housing authority, where the corporation is obligated to pay a member of the metropolitan housing authority an amount which is over five per cent of the total indebtedness of the corporation, unless all of the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met.

89-012  (1) A city law director is required by Section 3313.35 of the Revised Code to provide legal services to a city school district as part of his official duties, and is accordingly prohibited by Section 2921.43(A) of the Revised Code from accepting or soliciting additional compensation from the school district for legal services provided.

  (2) A city law director is not required by any provision of law to provide legal services to a port authority created by the city with which he serves, and therefore, he is not prohibited by Section 2921.43(A) of the Revised Code from accepting or soliciting compensation from the port authority for legal services provided. Division (E) of Section 102.03 of the Revised Code and Section 2921.42(A)(4) of the Revised Code, however, prohibit a city law director from accepting or soliciting compensation for providing legal services to a port authority created by the city with which he serves.

89-013  The Ohio Ethics Law and related statutes prohibit a public official or employee from accepting from a vendor interested in doing business with the official's or employee's agency travel, meal, and lodging expenses incurred in viewing the vendor's product, and prohibit the vendor from paying such expenses, regardless of whether the expenses would be paid directly to the public official or employee, or as reimbursement to the official's or employee's agency.

89-014  (1) The Ohio Ethics Law and related statutes are general laws which, as part of the criminal code, establish a uniform standard of conduct for all citizens who serve as public officials or employees, whether on the state or local level.

  (2) Divisions (D) and (E) of Section 102.03 of the Revised Code and Division (A) of Section 2921.43 of the Revised Code prohibit a county official or employee from accepting, soliciting, or using his position to secure travel, meal, and lodging expenses from a company that is doing or seeking to do business with his county department, even though the expenses are incurred in connection with the official's or employee's duty to inspect and observe the company's products in operation at facilities located within and outside the county.

  (3) Divisions (D) and (E) of Section 102.03 of the Revised Code and Division (A) of Section 2921.43 of the Revised Code prohibit a county official or employee from accepting, soliciting, or using his position to secure travel, meal, and lodging expenses from a company doing or seeking to do business with his county, even if the county and the company enter into a written agreement which states that the county is under no obligation to purchase the company's products and services if county officials or employees accept payment of expenses from the company.

89-015  (1) The Ohio Ethics Law and related statutes do not prohibit two or more members of the same law firm or other business associates from simultaneously serving as public officials within the same political subdivisions; however, the Ethics Law and related statutes restrict the conduct of public officials with respect to business associates.

  (2) Section 102.03 of the Revised Code prohibits an individual from serving as a city law director where the law firm of which he is a member represents clients in adversarial actions against the city.

89-016  (1) Division (D) of Section 102.03 of the Revised Code prohibits a member of a public body who is a partner or associate in a law firm from voting, discussing, participating in deliberations, or other wise using his official position, formally, or informally, with regard to matters pending before his public body on which a member of his law firm is representing a client.

  (2) Division (E) of Section 102.03 of the Revised code prohibits a member of a public body who is a partner in a law firm from receiving a distributive share of fees paid by clients for legal services rendered by members of his law firm on matters pending before the public body.

  (3) Division (C) of Section 102.04 of the Revised code prohibits a member of a city commission from representing clients or rendering any other personal service in a case, proceeding, application, or other matter that is pending before the city commission.

90-001  (1) Division (F) of Section 102.03 of the Revised Code and Division (A) of Section 2921.43 of the Revised Code prohibit a vendor who is doing or seeking to do business with an office, department, or agency of a political subdivision from promising or giving travel, meal, and lodging expenses incurred in inspecting and observing the vendor's product to the officials and employees of the office, department, or agency, even though the expenses are limited to those which are essential to the conduct of official business and are incurred in connection with the official's or employee's duty to inspect and observe the vendor's products in operation at existing facilities.

  (2) Division (F) of Section 102.03 of the Revised Code and Division (A) of Section 2921.43 of the Revised Code prohibit a vendor who is doing or seeking to do business with an office, department, or agency of a political subdivision from promising or giving travel, meal, and lodging expenses to the officials and employees of the office, department, or agency, even if the vendor's products and services are sold to the political subdivision pursuant to competitive bidding and the vendor has submitted the lowest and best bid.

90-002  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a Department of Agriculture meat inspector from owning and operating a meat processing plant where he is required to inspect his own plant or plants which would be in competition with his business.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a Department of Agriculture meat inspector who owns a meat processing plant from using the authority or influence of his official position to advance the interests of his private business.

90-003  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a board of education who is a store owner from selling merchandise to the school district with which he serves, unless he is able to meet the exception of Division (C) of Section 2921.42.

  (2) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a member of a board of education who is a store owner from profiting from the sale of merchandise when the sale was approved or authorized by him or by the board of education, and where the merchandise was not sold through competitive bidding, or where his was not the lowest and best bid.

  (3) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a board of education from knowingly selling goods to a Band Parent Boosters Club when the goods will be purchased for the use of the school district with which he serves, unless he is able to meet the exception of Division (C) of Section 2921.42.

  (4) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a board of education from discussing, deliberating, voting, or otherwise using the authority or influence of his position as a school board member, either formally or informally, to secure the purchase from his store of merchandise by or for the use of the school district with which he serves.

  (5) Division (D) of Section 102.03 of the Revised Code prohibits a board of education member from using the authority or influence of his office over school personnel or students in the school district to secure business for his store.

  (6) The Ohio Ethics Law does not prohibit a member of a board of education who is the owner of a store from donating goods or services to the school district with which he serves provided that he receives no pecuniary gain from the donation and he does not use the donation to secure anything of value for himself or his business.

90-004  (1) Division (D) of Section 102.03 of the Revised Code does not prohibit a city council member whose spouse is the elected municipal court judge from voting, discussing, participating in deliberations, or otherwise using his official position to secure an appropriation from city council for the municipal court since the amount of a municipal court judge's compensation and the share payable by the city are statutorily established and the judge receives no definite and direct private pecuniary benefit from the remainder of the appropriation for court accommodations, personnel, supplies, and services.

  (2) Division (D) of Section 102.03 of the Revised Code does not prohibit a city council member whose spouse is the elected municipal court judge from voting, discussing, participating in deliberations, or otherwise using his official position to secure a general appropriation for health care benefits which are uniformly available for eligible municipal personnel even though his spouse's benefits are paid from this appropriation.

  (3) Division (E) of Section 102.03 of the Revised Code does not prohibit the city council member whose spouse is the elected municipal court judge from continuing to receive a city health care benefits he was receiving prior to his election and as a result of his spouse's position, until such time as the city council takes action which will alter the insurance program currently available.

90-005  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a board of education from having an interest in purchases made by the school district, regardless of whether such purchases are made by school district employees on a casual, "as needed" basis or pursuant to a formal contract.

  (2) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a member of a board of education from profiting from a purchase authorized by the board of education where the purchase was not competitively bid and the board member's bid was not the lowest and best bid, even though the profit is of a minimal amount. Division (A)(1) of Section 2921.42 prohibits a member of a board of education from authorizing, or using the authority or influence of his position to secure authorization of, purchases in which he, a member of his family, or any of his business associates has an interest.

  (3) A board of education will be deemed to "authorize" all school district purchases for purposes of Divisions (A)(1) and (A)(3) of Section 2921.42 of the Revised Code, unless the board has passed a general resolution dispensing with the adoption of resolutions authorizing purchases and approving payments, in accordance with the requirements of R.C. 3313.18.

90-006  (1) The employees of the Ohio Student Loan Commission are not prohibited by the Ohio Ethics Law and related statutes from accepting, soliciting, or using their positions to secure employment with a non profit corporation to which the OSLC has been restructured, so long a the compensation and benefits paid to the employees by the nonprofit corporation are not substantially greater than the compensation and benefits they receive as state employees.

  (2) The members of the Ohio Student Loan Commission are not prohibited by the Ohio Ethics Law and related statutes from accepting, soliciting, or using their authority or influence to secure positions as directors of a nonprofit corporation to which the OSLC has been restructured, so long a the members receive no compensation or benefits as directors.

  (3) The members and employees of the OSLC are prohibited by R.C. 102.03(D) and (E) from accepting, soliciting, or using their positions to secure anything of value, including director's fees, compensation, and benefits, from a national guarantee agency with which the OSLC is seeking to affiliate after it has been restructured as a nonprofit corporation.

90-007  (1) Division (A)(4) of R.C. 2921.42 prohibits a county prosecutor from having an interest in a contract entered into by a township within his county for legal services.

  (2) Division (A)(1) of R.C. 2921.42 prohibits a county prosecutor from authorizing or using the authority or influence of his office, formally or informally, to secure authorization of a contract between a township which he is statutorily required to represent and his law partner in private practice.

  (3) Division (D) of R.C. 102.03 prohibits a county prosecutor from recommending, suggesting, withdrawing, or acting in any way, formally or informally, to secure employment of his law partner by township trustees the county prosecutor is statutorily required to represent.

  (4) Division (E) of R.C. 102.03 and Division (A) of Section 2921.43 prohibit a county prosecutor from receiving a distributive share of client fees received by his law partner for representing township trustees the prosecutor is statutorily required to represent.

90-008  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city council member who is employed by a private law firm from voting, discussing, or otherwise using the authority or influence of his official position, formally or informally, with regard to a matter pending before city council if an employee or partner of his law firm is representing a client on that specific matter pending before council.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a city council member who is employed by a private law firm from voting, discussing, or otherwise using the authority or influence of his official position, formally or informally, with regard to a matter pending before city council on which an employee or partner of his law firm has provided consultation and advice to the party which is presenting the matter to council.

  (3) Division (E) of Section 102.03 of the Revised Code prohibits a city council member who is employed by a law firm from receiving a distributive share of client fees earned by members of his law firm for representing a client on matters pending before city council or for providing consultation and advice to a party which is presenting a matter before council.

  (4) Division (D) of Section 102.03 of the Revised Code does not generally prohibit a council member from participating in a matter pending before city council which is brought by a party who is a client of the council member's law firm but is not represented by the law firm on the matter before council, unless the relationship between the council member and client is such that the council member's independence of judgment could be impaired.

  (5) Division (D) of Section 102.03 of the Revised Code does not generally prohibit a city council member who is employed by a private law firm from participating in a matter pending before city council in which a client of the city council member's law firm has a contingent interest, unless the law firm's receipt of client fees is dependent upon council's determination of the matter, or unless the council member's independence of judgment could otherwise be impaired.

90-009  (1) Division (D) of Section 102.03 of the Revised Code prohibits a member of the Real Estate Appraiser Board from using his official position to secure for himself employment to provide teaching services or assistance in course and program development for sponsors of courses which constitute the educational prerequisites for individuals to become state-certified real estate appraisers, the continuing education courses required to maintain that certification, or examination-preparatory courses.

  (2) Division (E) of Section 102.03 of the Revised Code prohibits a member of the Real Estate Appraiser Board from accepting compensation for providing teaching services or assistance in course and program development for sponsors of courses which constitute the educational prerequisites for individuals to become state-certified real estate appraisers, the continuing education courses required to maintain that certification, or examination-preparatory courses, unless he is able to withdraw as a Board member from consideration of all matters which directly affect the sponsor for which he provides teaching or consulting services.

  (3) Division (D) of Section 102.03 of the Revised Code would prohibit a member of the Real Estate Appraiser Board who provides teaching services or assistance in course and program development for sponsors of examination-preparatory courses from participating as a Board member in matters pertaining to the development, preparation, and administration of Board examinations.

  (4) Division (D) of Section 102.03 of the Revised Code prohibits members of the Real Estate Appraiser Board who will take the real estate appraiser examination from having a direct personal involvement in the development of the specific questions and answers used in the examination and from using the authority or influence of their positions to secure their success on the examination.

  (5) Division (D) of the Section 102.03 of the Revised Code does not prohibit members of the Real Estate Appraiser Board who will take the real estate appraiser examination from adopting rules which establish general examination specifications and criteria for the successful completion of the examination or from procuring questions and answers for the development of the examination from a knowledgeable, disinterested source.

90-010  Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city director of service and safety from authorizing or otherwise using the authority or influence of his office to secure the employment of his son by the fire department of the city which he serves even if: (a) the son has scored the highest on an examination which was as ministered by a municipal civil service commission to screen potential applicants; (b) the son has been recommended for employment by the city fire chief; and (c) the director has not participated in interviewing the three eligible candidates.

90-011  Division (D) of Section 102.03 of the Revised Code does not prohibit a city council member from participating in a matter presented to council by a former client of his law firm or law partner, even though his law partner has previously represented the client before council on that matter, so long as there is no ongoing relationship between the party and his law firm or law partner, and no understanding that the attorney-client relationship will be resumed at some time in the future, and so long as the council member would not be required to review, approve, base his decision upon, or otherwise act upon legal work or services previously performed by his law firm or law partner.

90-012  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of the Respiratory Board from soliciting, accepting, or using the authority or influence of his official position to secure anything of value from a professional organization whose members are regulated by the Respiratory Care Board.

  (2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of the Respiratory Care Board from soliciting, accepting, or using the authority or influence of his official position to secure a position as an officer, board member, member of a special committee of, or lobbyist for, a professional respiratory care organization if he would receive compensation, a fee, or anything else of value for such service.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of the Respiratory Care Board who serves as an officer or board member of a professional organization from participating in any matter on which the organization has taken a position or which would directly benefit the interests of the organization, even though he receives no compensation for serving as an officer or board member of the organization.

  (4) Division (D) of Section 102.03 of the Revised Code prohibits a member of the Respiratory Care Board who serves a professional organization as a lobbyist or who serves on a special committee from participating in deliberations, voting, or otherwise using his official position with regard to a matter where he has assumed a particular responsibility in the organization with regard to that subject matter or has advocated a position as a lobbyist for the professional organization.

  (5) Division (B) of Section 102.03 of the Revised Code prohibits a Respiratory Care Board member who serves a professional organization as a board member or officer, or in some other capacity from disclosing or using confidential information he has acquired in his official duties, or taking any action on behalf of the organization if he will base his action on confidential information acquired in his official duties.

90-013  (1) The Ohio Ethics Law does not, per se, prohibit a person from serving as a member of a port authority on the basis that he is pursuing a lawsuit against the authority or is a defendant in a lawsuit brought by the authority.

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a port authority member from voting, participating in discussions or deliberations of the port authority or otherwise using his official position, formally or informally, with regard to a lawsuit or the subject of a lawsuit which he is, or may be, pursuing against the authority, or which is, or may be, brought by the authority against him.

90-014  (1) Division (A) of Section 102.02 of the Revised Code does not require a person who was elected as a village council member to file a financial disclosure statement with the Ohio Ethics Commission during the remainder of his term when, as a result of the decennial federal census the municipality's status has changed from a village to a city;

  (2) Division (A) of Section 102.02 of the Revised Code requires a council member of a village that has been advanced to a city as a result of the federal decennial census, who desires to seek election as a city council member to file his first financial disclosure statement with the Ohio Ethics Commission no later than the thirtieth day before the first election at which his candidacy as a city official will be voted upon.

91-001  (1) Due to the exemption provided by Section 505.011 of the Revised Code, a township trustee is not prohibited from serving as a full-time paid employee of a private fire company which is under contract to provide fire protection services to the township which he serves, despite the prohibitions of Divisions (A)(3) and (A)(4) of Section 2921.42 of the Revised Code.

  (2) Section 505.011 of the Revised Code does not provide an exemption from the prohibitions of Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code.

  (3) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a township trustee who serves as an employee of a private fire company which is under contract to provide fire protection services to the township from discussing, deliberating, voting, or otherwise using the authority or influence of his position, either formally or informally, to authorize, secure, renew, modify, or renegotiate a contract between his employing fire company and the township, and from signing warrants and checks to the company for services provided under the contract.

91-002  (1)  This advisory opinion overrules Advisory Opinion No. 75-030 due to legislative amendment.

  (2)  Division (A)(4) of Section 2921.42 of the Revised Code and Division (E) of Section 102.03 of the Revised Code do not prohibit a city council member from serving as an unpaid volunteer paramedic with the fire department of the city, provided he receives no definite and direct personal pecuniary benefit from such service.

  (3)  Division (D) of Section 102.03 of the Revised Code prohibits a city council member who serves as an unpaid volunteer paramedic with the fire department of the city from voting, deliberating, participating in discussions, or otherwise using the authority or influence of his office, either formally or informally, with regard to matters affecting the fire department and its personnel.

91-003  (1) Division (A) of Section 102.03 of the Revised Code prohibits a former public official or employee who personally participated as a public official or employee through the exercise of administrative discretion under R.C. Chapter 343. or 3734. from representing an owner or operator of a facility as defined in R.C. 3734.01 (N) or an applicant for a permit or license for a facility under that chapter, before any public agency, for twenty-four months after the conclusion of her employment or service on any matter in which she personally participated as a public official or employee. (Advisory Opinion No. 89-003 overruled in part due to legislative amendment.)

  (2) A former public official or employee who participated as a public official or employee through the exercise of administrative discretion under R.C. Chapter 343. or 3734., on or after June 24, 1988, and who left public service before January 1, 1991, is bound by the former prohibition of R.C. 102.03 (A) as enacted by Am. Sub. H.B. 592 for twenty-four months from the date she left public office or until January 1, 1991, whichever is earlier.

  (3) A former public official or employee who participated as a public official or employee through the exercise of administrative discretion under R.C. Chapter 343. or 3734., on or after June 24, 1988, and who left public service before January 1, 1991, is bound by the present prohibition of R.C. 102.03 (A), as enacted by Am. Sub. S.B. 382, from January 1, 1991, until such time as she has been gone from public service for two years.

91-004  (1) The Ohio Ethics Law and related statutes do not prohibit a member of city council whose spouse serves as an uncompensated member of the city planning commission from participating in council's review of, and action upon, the decisions or recommendations of the planning commission, including those matters in which her spouse participated, so long as the matter does not affect the personal pecuniary interests of the city council member or her spouse.

  (2) Division (D) of Section 102.03 prohibits a city planning commission member from participating in any matter that would directly affect the interests of the bank that employs him or his own interests as an employee of the bank, or in any matter where he or the bank would have a contingent interest in the outcome of the planning commission's decision or recommendation. Division (D) of Section 102.03 would not, however, prohibit, per se, the planning commission member from participating in matters affecting the interests of a customer of the bank, unless the relationship between the commission member as a bank employee and the customer is such that the commission member's objectivity or independence of judgment could be impaired with regard to matters that affect the interests of the customer.

  (3) Division (D) of Section 102.03 of the Revised Code would not, as a general matter, prohibit a city council member whose spouse is employed by a bank from participating in matters involving customers of the bank, unless her spouse would derive a definite and direct personal pecuniary benefit from council's action.

  (4) Division (D) of Section 102.03 of the Revised Code prohibits a city planning commission member who owns stock in a bank from participating in any matter affecting the interests of a bank customer where the bank would also have a direct or contingent interest in the outcome of the planning commission's decision or recommendation. Division (D) of Section 102.03 would not, however, prohibit, per se, the planning commission member from participating in a matter affecting the interests of a bank customer where the bank itself would have no interest in the outcome of the matter, unless the relationship between the commission member and the customer is such that the commission member's objectivity or independence of judgment could be impaired with regard to matters that affect the interests of the customer.

  (5) Division (D) of Section 102.03 of the Revised Code prohibits a city council member from participating in any matter affecting the interests of a customer of a bank in which her spouse owns stock, where the bank would also have a direct or contingent interest in the matter. She would not otherwise be prohibited, however, from participating in a matter solely on the basis that the matter would affect the interests of a bank customer.

91-005  (1) The exemption to the Revolving Door Law of Division (A) of Section 102.03 of the Revised Code, which permits a former public official or employee to be "retained or employed to represent, assist, or act in a representative capacity for the public agency by which he was employed or on which he served" allows a former official or employee to be employed by all of the public agencies by which he was employed or on which he served;

  (2) The exemption to the Revolving Door Law of Division (A) of Section 102.03 of the Revised Code, which permits a former public official or employee to be "retained or employed to represent, assist, or act in a representative capacity for the public agency by which he was employed or on which he served" applies to the two-year prohibition governing former officials and employees who personally participated while in public service under R.C. Chapter 343. or 3734., as well as to the general, one-year prohibition of the Revolving Door Law.

  (3) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a former county commissioner, for a period of one year after leaving office, from being employed for compensation by a joint solid waste management district if he served on the board of county commissioners when the board of commissioners entered into, and ratified, the agreement creating the solid waste management district.

91-006  (1) Division (D) of Section 102.03 of the Revised Code does not prohibit a member of city council, who is employed by a local school district which includes the city, from participating in the enactment of general legislation which would uniformly regulate all gas and oil well drilling within the city, despite the fact that the school district desires to drill gas wells upon its property which would be subject to the city regulation.

  (2) Division (D) of Section 102.03 of the Revised Code does not prohibit a member of city council, who is employed by a local school district which includes the city, from participating in matters with regard to the enactment of legislation which would enable the development of an industrial plant or a housing tract, despite the possibility that such development could, in some indefinite manner, result in increased tax revenue for the school district or increase the school district's student population.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of city council, who is employed by a local school district which includes the city, from voting, discussing, participating in deliberations, or otherwise using his official position as a council member, formally or informally, with regard to city council's grant of a tax abatement to a business located within the school district.

91-007  (1) Division (D) of Section 102.03 of the Revised Code prohibits the members of city council from enacting an ordinance granting an in-term increase in compensation for the current members of council.

  (2) Division (E) of Section 102.03 of the Revised Code prohibits a member of city council from accepting, for the duration of his present term, an increase in compensation enacted by council while he was a member thereof. A city council member is bound by this prohibition regardless of whether he votes for or against the increase, or whether he abstains from participating in the issue.

  (3) Division (D) of Section 102.03 of the Revised Code prohibits the president of city council from voting to break a tie of council in favor of enacting an ordinance to grant to the president an in-term increase in compensation, and from otherwise using his authority or influence, formally or informally, to secure an increase in compensation.

  (4) Division (E) of Section 102.03 of the Revised Code prohibits the president of city council from accepting, for the duration of his current term, an increase in compensation enacted by city council while he was president thereof. The president is bound by this prohibition regardless of whether he voted in favor of the increase in order to break a tie on council.

  (5) The clerk of council and the city treasurer are not prohibited by Section 102.03 or Section 2921.42 of the Revised Code from accepting an increase in compensation enacted by city council during their current term of office, unless a local provision authorizes the clerk or treasurer to exercise discretionary authority with respect to the enactment of legislation, the appropriation of city funds, or the establishment of the compensation for their respective positions.

91-008  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city mayor from approving the enactment of an ordinance which grants him an increase in compensation, and from otherwise using his authority or influence, formally or informally, to secure an increase in compensation.

  (2) Division (E) of Section 102.03 of the Revised Code prohibits a city mayor from accepting, for the duration of his term, an increase in compensation enacted by city council during his current term of office. A mayor is bound by this prohibition regardless of whether he approves the ordinance, disapproves the ordinance, or does not return the ordinance to council.

  (3) A city auditor is not prohibited by Section 102.03 of the Revised Code from accepting an increase in compensation, enacted by city council during his current term of office, unless a local provision authorizes the auditor to exercise discretionary authority with respect to the enactment of legislation, the appropriation of city funds, or the establishment of the compensation for the position of city auditor.

  (4) A city law director is prohibited by Division (E) of Section 102.03 of the Revised Code from accepting, for the duration of his term, an increase in compensation enacted by city council during his current term of office.

  (5) A city director of public safety is not prohibited by Section 102.03 of the Revised Code from accepting an increase in compensation enacted by city council during his tenure, unless a local provision authorizes the safety director to exercise discretionary authority with respect to the enactment of legislation, the appropriation of city funds, or the establishment of the compensation for the position of safety director.

91-009  (1) Division (A) of Section 102.03 of the Revised Code prohibits a former chief deputy administrator for a board of county commissioners, for twelve months from the time he leaves his public position, from representing a client or acting in a representative capacity for any person, before any public agency, on any matter in which he personally participated while he was a public official;

  (2) The prohibition contained in Division (A) of Section 102.03 of the Revised Code does not prohibit the new employer of a former county official from representing a client or acting in a representative capacity for any person on matters in which the former official personally participated during his public service;

  (3) For purposes of Division (A) of Section 102.03 of the Revised Code, a former chief deputy administrator for a board of county commissioners will be deemed to have "personally participated" in a matter if he participated through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or other substantial exercise of administrative discretion; he will be deemed to have "personally participated" in a matter if he exercised supervision, oversight, or administrative responsibility over other county officials or employees on that specific matter;

  (4) Division (A) of Section 102.03 of the Revised Code does not prohibit a former chief deputy administrator for a board of county commissioners from being engaged, within one year after he leaves his public position, to represent the board of county commissioners on any matter, even on those matters in which he personally participated while he was employed by the board of county commissioners;

  (5) Division (A) of Section 102.03 of the Revised Code prohibits a former chief deputy administrator for a board of county commissioners from representing, within one year after he leaves his public position, the officials or employees of any department, division, institution, board, commission, authority, bureau or other instrumentality of the county, or any other governmental entity, except the board of county commissioners, on any matter in which he personally participated while he was employed by the board of county commissioners;

  (6) Division (A) of Section 102.03 does not prohibit a former chief deputy administrator for a board of county commissioners from representing a client, including a company with which the county does business, on matters that arose after he left county service, on legislative matters, or on matters in which he did not personally participate while he was employed by the board of county commissioners, even though such representation may be against the county;

  (7) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a former chief deputy administrator for a board of county commissioners, for one year after he leaves his public position, from occupying a position of profit in the prosecution of a public contract which he authorized, and which was not let by competitive bidding to the lowest and best bidder.

91-010  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a state official or employee from accepting, soliciting, or using the authority or influence of her position to secure, for personal travel, a discounted or free "frequent flyer" airline ticket or other benefit from an airline if she has obtained the ticket or other benefit from the purchase of airline tickets, for use in official travel, by the department, division, agency, institution, or other entity with which she serves, or by which she is employed;

  (2) Division (A)(4) of Section 2921.42 and Division (A) of Section 2921.43 of the Revised Code prohibit a state officer or employee from accepting or using, for personal travel, a discounted or free "frequent flyer" airline ticket or other benefit from an airline if she has obtained the ticket or other benefit from the purchase of airline tickets, for use in official travel, by the department, division, agency, institution, or other entity with which she is connected.

91-011  (1)  Division (A)(4) of Section 2921.42 of the Revised Code prohibits a city officer or employee from lease-purchasing or buying from the city a housing unit constructed on city property and financed by the city as part of a community development and revitalization project, unless all of the criteria of Division (C) of Section 2921.42 of the Revised Code are met;

  (2)  If the demand for resources which the city furnishes in its program to purchase or acquire community development and revitalization services exceeds supply, then the "unobtainable elsewhere" exception of Division (C)(2) cannot be met by a city officer or employee; however, if the supply of resources which the city furnishes exceeds demand, then a city officer or employee who desires to participate in the city's program may meet the (C)(2) exception so long as all qualified and interested persons who are not city officers and employees have been served and resources still remain;

  (3) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a city officer or employee whose approval is necessary for the lease-purchase or sale by the city of a housing unit constructed on city property and financed by the city as part of a community development and revitalization project, or who serves as a member of a legislative body, board or commission which must approve the lease-purchase or sale, from lease-purchasing or buying a unit where there is no competitive bidding process;

  (4)  Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code prohibit a city officer or employee from voting, discussing, deliberating, recommending, or otherwise using his official authority or influence, formally or informally, to secure from the city a housing unit constructed on city property and financed by the city as part of a community development and revitalization project for himself or a member of his family.

92-001  (1)  A member of the Ohio Grape Industries Committee who is not otherwise a public officer or employee, is neither "appointed to an office or . . . an employee of any public agency" for purposes of Chapter 102. Of the Revised Code nor an "officer or employee . . . of the state" for purposes of Division (A) of Section 2921.01 of the Revised Code;

  (2)  A person is an "agent of the state," and thus, a "public official" as defined in Division (A) of Section 2921.01 of the Revised Code, when: (a) the person has the power to act on behalf of and bind the state by his actions; (b) the state has the right to control the actions of the person; and, (c) the actions of the person are directed toward the attainment of an objective sought by the state;

  (3) A member of the Ohio Grape Industries Committee is an "agent of the state" as that phrase is used in Division (A) of Section 2921.01 of the Revised Code to define the term "public official" and thus is subject to the statutory prohibitions imposed by Sections 2921.42 and 2921.43 of the Revised Code;

  (4)  Section 102.02 of the Revised Code does not require a member of the Ohio Grape Industries Committee to file a financial disclosure statement with the Ohio Ethics Commission due to his service on the Committee;

  (5)  The executive director of the Ohio Grape Industries Committee is an employee of the state and is, therefore, subject to the prohibitions imposed by Chapter 102. and Sections 2921.42 and 2921.43 of the Revised Code; however, Section 102.02 of the Revised Code does not require the executive director to file a financial disclosure statement with the Ohio Ethics Commission unless he is paid in accordance with Schedule "C" of Section 124.15 of the Revised Code.

92-002  (1)  Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of the Ohio Grape Industries Committee whose sister is the chief executive officer of an association from authorizing, voting, deliberating, participating in discussions, recommending, or otherwise using his authority or influence as a Committee member, formally or formally, to secure authorization of a public contract for information services between the Committee and the association;

  (2)  Division (A)(4) of the Revised Code prohibits a member of the Ohio Grape Industries Committee from having an interest in a public contract entered into between the Committee and the public agency by which he is employed, even if he is required by statute to serve on the Committee by virtue of his position with the public agency, unless the exception of Division (C) of Section 2921.42 can be met; 

  (3) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a member of the Ohio Grape Industries Committee from profiting from a public contract awarded to his employer by the Committee for the provision of services where the purchase was not competitively bid and was not the lowest and best bid;

  (4) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of the Ohio Grape Industries Committee from voting, deliberating, participating in discussions, recommending, or otherwise using his authority or influence as a Committee member, formally or informally, to secure a contract under which the public agency with which he is employed would sell services to the Committee and under which he would, as an employee of the public agency, perform or supervise the performance of those services and be compensated.

92-003  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a city law director from authorizing, or using his authority or influence with respect to the city and county he serves as law director and prosecutor in the municipal court to secure authorization of, the employment of his business associates as assistant law directors and the payment of compensation from the city or the board of county commissioners for his business associates for serving as assistant law directors;

  (2) For purposes of Division (A)(1) of Section 2921.42 of the Revised Code, attorneys who are affiliated in an association where only expenses, and not fees, are shared are "business associates";

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a city law director from employing, as assistant law directors, attorneys with whom he is affiliated in a legal association where expenses are shared, and from otherwise using his authority or influence to secure compensation, from the city or the county he serves as law director or prosecutor in the municipal court, for attorneys with whom he is affiliated in a legal association.

92-004  (1) A county sheriff or deputy sheriff is prohibited by Division (A)(4) of Section 2921.42 of the Revised Code from serving as a member of the board of directors or as an officer of the Buckeye State Sheriffs' Association if the Association has contracted with the county to provide pre-employment psychological tests to the sheriff's department, unless the exception of Division (C) of Section 2921.42 can be established;

  (2) The requirement of Division (C)(2) of Section 2921.42 that the supplies or services are being furnished to a political subdivision as part of a continuing course of dealing established prior to the public servant's becoming associated with the political subdivision is not met by a county sheriff or deputy sheriff where the county and the Buckeye State Sheriffs' Association contract prior to the time the sheriff or deputy obtains an interest in the contract by becoming an officer or director of the Association, rather than prior to his taking office as sheriff or deputy sheriff;

  (3) Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code prohibit a county sheriff or deputy sheriff from authorizing, or using the authority or influence of his position to secure authorization of, a public contract between his county and the Buckeye State Sheriffs' Association where he serves as an officer or director of the Association;

  (4) There is nothing in the Ethics Law which would prohibit a county from contracting with the Buckeye State Sheriffs' Association immediately after the sheriff or deputy sheriff ceases to serve as an officer or director of the Association.

92-005  (1) Division (A) of Section 102.03 of the Revised Code does not prohibit a former assistant city law director from being retained by a port authority to serve as its legal counsel, even though, as part of his duties, as assistant law director he provided legal services to the port authority under a contract between the city and the port authority;

  (2) Division (A) of Section 102.03 of the Revised Code prohibits a former assistant city law director, who has been retained by a port authority to serve as its legal counsel, from representing the port authority for a period of one year after leaving his employment with the city on any matter in which he personally participated during his public employment;

  (3) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a former assistant city law director, for a period of one year after leaving his employment with the city, from receiving compensation from a port authority to act as its legal counsel if the legal services which he would provide to the port authority arise from, or are related to, contracts which he authorized or approved while serving with the law director's office as advisor to the port authority unless the contracts were competitively bid and were the lowest and best bid;

  (4) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a former assistant city law director, for a period of one year after leaving his employment with the city, from providing, as a private attorney, legal services to the port authority and accepting compensation therefor, if he authorized his employment by the port authority while he was employed by the law director's office as advisor to the port authority;

  (5) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a former assistant city law director from being retained by the port authority as its legal counsel if, during his employment with the law director's office, he used the authority or influence of his official position in any way, to secure for himself employment, as a private attorney, to provide legal services to the port authority.

92-006  (1)  Division (A) of Section 102.04 of the Revised Code prohibits a member of a county board of elections from receiving or agreeing to receive, directly or indirectly, compensation for personally rendering lobbying services on behalf of clients in any case, proceeding, application, or other matter which is before the General Assembly, or any other governmental entity of the State, excluding the courts, unless the requirements of Divisions (D) and (E) of Section 102.04 of the Revised Code are met;

  (2)  Division (A) of Section 102.03 of the Revised Code prohibits a member of a county board of elections from representing a client before any public agency on any matter in which he personally participated during his public service;

  (3)  Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of a county board of elections from having an interest in a public contract entered into by the Office of the Secretary of State or by any office, department, or agency of the county he serves, unless the exception of Division (C) of Section 2921.42 can be met;

  (4)  Division (B) of Section 102.04 of the Revised Code prohibits a member of a county board of elections from selling, or agreeing to sell, any goods or services to the General Assembly or any other governmental entity of the State, excluding the courts, except through competitive bidding, unless the requirements of Divisions (D) and (E) of Section 102.04 of the Revised Code are met;

  (5)  Division (A)(4) of Section 2921.42 of the Revised Code does not prohibit a member of a county board of elections from selling marketing and consulting services to clients to aid them in selling their goods and services to agencies or instrumentalities of the State or political subdivisions;

  (6)  Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a county board of elections who has a marketing and management consulting firm from using the authority or influence of his office to secure anything of value for himself, his firm, or his clients, and from accepting or soliciting anything of value that is of such character as to manifest a substantial and improper influence upon him with respect to his official duties.

92-007  A member of the board of directors of a county agricultural society organized under Chapter 1711. Of the Revised Code is subject to neither Section 2921.42 nor Chapter 102. Of the Revised Code; therefore, a member of the board of directors of a county agricultural society organized under Chapter 1711. Of the Revised Code is not prohibited by Division (A)(4) of Section 2921.42 of the Revised Code from also holding compensated employment with the agricultural society.

92-008  (1) Pursuant to Section 135.11 of the Ohio Revised Code, an individual who is an officer, director, stockholder, employee, or owner of any interest in a public depository receiving inactive, active, or interim township deposits is not considered to have an "interest" in the deposit of township funds in the depository such that he would be prohibited by Division (A)(4) of Section 2921.42 of the Revised Code from serving as township clerk or township trustee;

  (2) Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code prohibit a township clerk, who is also an employee of a bank which is a township depository, from authorizing, or using her authority or influence to secure, the deposit of township funds with the bank that employs her, or otherwise performing any of the duties assigned to the township clerk pursuant to the Uniform Depository Act, with respect to the bank that employs her;

  (3) A township clerk is prohibited, by the Ohio Ethics Law and related statutes, from also holding the position of employee of a public depository receiving township funds, even though the clerk would not be considered to have an "interest" in those township deposits pursuant to Section 135.11 of the Revised Code;

  (4) Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code prohibit a township trustee, who is also a member of the board of directors of a bank that is a township depository, from authorizing, or using his authority or influence to secure, the deposit of township funds with the bank he serves, or otherwise performing any of the duties assigned to the township trustee pursuant to the Uniform Depository Act, with respect to the bank he serves;

  (5) The Ohio Ethics Law and related statutes do not, per se, prohibit a township trustee from also holding the position of officer, director, stockholder, employee, or owner of any interest in a public depository receiving township funds, so long as the trustee abstains from any participation as a township trustee in matters affecting the interests of the bank.

92-009  Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit the Executive Director of the Ohio State Barber Board from owning and operating a barber shop.

92-010  (1) The Ohio Ethics Law and related statutes do not, per se, prohibit a husband and wife from serving as elected office holders, in the positions of trustee and clerk, in the same township;

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a township trustee and township clerk, who are married to one another, from voting, deliberating, participating in discussions, or otherwise taking action or using the authority or influence of their office, formally or informally, in any matter which would provide a direct and definite, private pecuniary benefit to their spouse, where their objectivity and independence of judgment in the performance of their official duties could be impaired;

  (3) Division (D) of Section 102.03 of the Revised Code does not prohibit a township clerk or a township trustee, who are married to one another, from performing their official duties regarding the statutorily mandated compensation to which their spouse is entitled, since neither the clerk nor the board of trustees is empowered to exercise any discretion with regard to this statutorily mandated compensation;

  (4) Division (D) of Section 102.03 of the Revised Code prohibits a township trustee who is married to the township clerk from voting, deliberating, participating in discussions or otherwise taking action or using the authority or influence of his office, formally or informally, in any matter where the board of trustees exercises discretion as to the amount of compensation the clerk is entitled to receive or otherwise has the authority to act to affect the clerk's compensation;

  (5) Division (D) of Section 102.03 of the Revised Code does not prohibit a township trustee, who is married to the township clerk, from voting, deliberating, participating in discussions or otherwise taking action or using the authority or influence of his office, formally or informally, to provide or fund health benefits under R.C. 505.60, which requires the board of trustees to provide uniform health coverage to all township officers and full-time employees if the board elects to provide health care benefits.

92-011  A member of the Ohio Public Employees Deferred Compensation Board is subject to the restrictions of the Ohio Ethics Laws and related statutes.

92-012  (1) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a city council member, who marries a city employee from authorizing, approving, voting upon, discussing, deliberating, recommending, or otherwise using the authority or influence inherent in the position and prestige of his city office, formally or informally, to secure, renew, modify, or renegotiate his spouse's individual employment relationship with the city, or to authorize or approve payments to his spouse for services rendered in her public employment;

  (2) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code do not prohibit a city council member whose spouse is a city employee who is not subject to a collective bargaining agreement from voting or otherwise participating to secure enactment of an ordinance or resolution to fix the salaries and compensation of the entire class of city employees who are not subject to collective bargaining, provided that the ordinance or resolution does not: (a) establish the salaries and compensation on some basis other than, or in addition to, membership in the class of city employees who are not subject to collective bargaining; (b) differentially affect the compensation or salary which his spouse receives; or (c) secure, renew, modify, or renegotiate the terms of his spouse's individual public employment.

92-013  (1) This advisory opinion expressly overrules the holding of Advisory Opinion No. 80-007 that property owners whose property will benefit from infrastructure improvements have an "interest" in a public contract for purposes of Section 2921.42 of the Revised Code. The holding of Advisory Opinion No. 80-007 that Division (D) of Section 102.03 of the Revised Code prohibits a city council member from participating in decisions or voting on improvements made as part of a downtown revitalization project which would benefit his property is not overruled and is expressly affirmed;

  (2)  A village council member who owns property which will benefit from an infrastructure improvement made by or for the use of his village as part of a neighborhood revitalization program neither has an interest in the profits or benefits of a public contract nor occupies a position of profit in the prosecution of a public contract for purposes of Section 2921.42 of the Revised Code, provided that the benefit to the council member's property is not selective, differential, or in disproportion to the benefit provided to other property in the political subdivision or the portion thereof receiving the improvements;

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a village council member from voting, deliberating, participating in discussions, or otherwise using his official authority or influence with regard to village council's payment for infrastructure improvements made as part of a neighborhood revitalization program which would provide a definite and particular pecuniary benefit to his property. This prohibition does not apply if the improvements provide a general, uniform benefit to the entire political subdivision or a large portion thereof, provided that the benefit to the council member's property is not selective, differential, or in disproportion to the benefit provided to other property in the political subdivision or the portion thereof receiving the improvements.

92-014  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code do not generally prohibit a public official or employee from accepting an incentive to encourage commuter ridesharing, furnished by his employer from the proceeds of a grant made to the employer by a regional planning commission, except in those instances where the official or employee has specific duties relative to the grant, or where the regional planning commission is interested in matters before, regulated by, or doing or seeking to do business with, the governmental agency with which the official or employee serves;

  (2) Division (A) of Section 2921.43 of the Revised Code does not prohibit a public servant from accepting an incentive to encourage commuter ridesharing, furnished by his employer from the proceeds of a grant made to the employer by a regional planning commission;

  (3) Due to the exemption provided in Section 713.21 of the Revised Code, a representative of a regional planning commission is not prohibited by Divisions (A)(4) and (A)(3) of Section 2921.42 of the Revised Code from serving as an officer of a governmental agency, or as a member of a planning commission of a city, village, or county, which has received a grant from the regional planning commission; however, a regional planning commission representative who is an employee of a governmental agency, or who serves with a private organization, is subject to the prohibitions of Divisions (A)(4) and (A)(3) of Section 2921.42 of the Revised Code and may be prohibited thereby from serving with an organization which has received a grant from the regional planning commission;

  (4) Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code prohibit a representative of a regional planning commission from discussing, deliberating, voting, or otherwise using the authority or influence of his position on the planning commission, either formally or informally, to secure any grant payments from the regional planning commission to the other governmental entity or private organization he serves as an officer, trustee or other board member, stockholder, owner, or employee.

92-015  (1) Division (A)(1) of Section 2921.43 of the Revised Code and Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit members of a city police department from accepting a discount which a retailer located within the city offers to them as a community service acknowledgment and recognition for performing the duties of their public employment;

  (2) Division (A)(1) of Section 2921.43 of the Revised Code and Division (F) of Section 102.03 of the Revised Code prohibit a retailer which is located within the city from promising or giving a discount to members of the city police department as a community service acknowledgment and recognition for performing the duties of their public employment.

92-016  Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a city law director from soliciting, accepting, or using the authority or influence of his position to secure an in-term change in the form of his compensation, so long as the total amount of compensation received by the law director does not increase.

92-017  (1) This advisory opinion expressly overrules the holding of Advisory Opinion No. 85-003 that a public official who is covered by health insurance received by his spouse as an employee of the official's political subdivision has a prohibited interest in his spouse's contract of employment with his political subdivision for purposes of Division (A)(4) of Section 2921.42 of the Revised Code. The holding of Advisory Opinion No. 85-003 that Division (A)(1) of Section 2921.42 of the Revised Code prohibits a public official from authorizing or otherwise using the authority or influence of his office to secure approval of a contract of employment for his spouse with the official's political subdivision is not overruled and is expressly affirmed;

  (2) The Ohio Ethics Law and related statutes do not prohibit a member of a city school district board of education whose spouse is employed in the same school district from being covered by health insurance received by his spouse as an employee of the board member's school district pursuant to a collective bargaining agreement;

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of a city school district board of education, who is covered by health insurance which his spouse receives as an employee in the same school district pursuant to a collective bargaining agreement, from voting, discussing, deliberating, recommending, or otherwise using his authority or influence as a board member to authorize the collective bargaining agreement; however, the school board member is not prohibited from participating in the board of education's procurement of health insurance coverage from a firm that will provide group insurance benefits to all eligible school district employees and personnel.

92-018  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code and Division (A)(1) of Section 2921.43 of the Revised Code prohibit officials and employees of the Division of Oil and Gas of the Ohio Department of Natural Resources from accepting, soliciting, or using their authority or influence to secure passes from the Ohio Oil and Gas Association to attend the Association's meetings without paying a fee;

  (2) Division (F) of Section 102.03 of the Revised Code and Division (A)(1) of Section 2921.43 of the Revised Code prohibit the Ohio Oil and Gas Association from giving or promising the Chief of the Division of Oil and Gas of the Ohio Department of Natural Resources free passes enabling Division officials and employees to attend the Association's meetings without paying a fee;

  (3) The Ohio Ethics Law does not prohibit officials and employees of the Division of Oil and Gas of the Ohio Department of Natural Resources who, as part of their official duties, provide information by giving presentations and participating in meetings of the Ohio Oil and Gas Association from attending an entire meeting without paying a fee, where the Association does not require any person who gives a presentation at the meeting to pay a fee; however, the officials and employees are prohibited by Divisions (D) and (E) of Section 102.03 of the Revised Code from accepting, soliciting, or using the authority or influence of their position to secure honoraria, or travel, meal and lodging expenses from the Association in connection with their presentations and participation in the meetings.

92-019  (1) Division (D) of Section 102.03 of the Revised Code prohibits a city council member from voting, discussing, deliberating, or otherwise using the authority or influence of his public position, formally or informally, in actions of the city council regarding a proposed road extension if the council action would have a specific beneficial or detrimental impact upon his personal, pecuniary interests;

  (2) Neither Division (D) of Section 102.03 of the Revised Code, nor any other provision of the Ethics Law, prohibits, per se, a city council member from appearing, as an individual, before council in order to protect his own private property interests, so long as he pursues a course of action that is available to any other citizen who is not a city council member;

  (3) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a city council member from accepting, soliciting, or using his authority and influence to secure any benefits which are selective, differential, or in disproportion to the benefits provided to other citizens or property owners.

92-020  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits the clerk of city council from being employed or hired by the city to act as chief labor negotiator, unless he can meet the requirements of Division (C) of Section 2921.42 of the Revised Code.

  (2) Division (C) of Section 102.04 of the Revised Code does not prohibit the clerk of city council from receiving compensation from the mayor's office to provide services as chief labor negotiator;

  (3) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit the clerk of city council from using the authority and influence of his official position as clerk to secure a position with the city as chief labor negotiator and from misusing his official position with respect to the negotiation or ratification of the collective bargaining agreement he has negotiated.

93-001  (1) For purposes of Divisions (A)(1) and (A)(4) of Section 2921.42 of the Revised Code a public official who owns stock in a corporation has an interest in the corporation's contracts unless he is able to meet all of the criteria for the exemption of Division (B) of Section 2921.42 of the Revised Code;

  (2) Division (B) of Section 2921.42 of the Revised Code provides that, in the absence of bribery or fraud, a public servant shall not be considered to have an "interest" in a contract with his own political subdivision when: (a) the public servant's interest is limited to owning or controlling shares of a corporation; (b) the amount of stock owned or controlled by the public servant does not exceed five per cent of the corporation's outstanding shares; and (c) the public servant, prior to the time the public contract was entered into, files with his political subdivision an affidavit giving his status with the organization;

  (3) For purposes of Division (A)(1) of Section 2921.42 of the Revised Code, a person whose sole relationship to a corporation is that of a stockholder is not a "business associate" of the corporation, unless the facts otherwise indicate that the official and corporation act together to pursue a common business purpose;

  (4) For purposes of Division (A)(3) of Section 2921.42 of the Revised Code, a stockholder occupies a position of profit in the corporation's contracts regardless of the size of the stockholding, and Division (A)(3) of Section 2921.42 of the Revised Code prohibits the treasurer of a state technical college from owning stock in a bank which has entered into a depository contract with the college where the contract could not have been awarded without the treasurer's approval, unless the contract was competitively bid and provided for the lowest service charges or the highest interest rates;

  (5) Division (D) of Section 102.03 of the Revised Code does not prohibit the treasurer of a state technical college from owning stock in a bank which has a depository contract with the college even though, as treasurer, he is required to perform official duties with regard to the college's decision to secure a depository contract with the bank and to exercise responsibility in matters pertaining to the college's accounts with the bank provided that he owns only a minimal amount of the bank's outstanding shares of stock such that he would not realize a substantial pecuniary benefit from the depository contract, has no other relationship with the bank, and the facts do not otherwise indicate that his objectivity and independence of judgment could be impaired by his stockholdings.

93-002  Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official or employee from providing training or consultation services in his private capacity, where a similar training and consultation program, that was created and administered by the official or employee in the course of his public service, is offered free of charge by the governmental agency the official or employee continues to serve, regardless of the fact that the official or employee no longer administers the program.

93-003  (1) Two individuals who serve as board members on the same school district board of education are not "business associates," for purposes of Division (A)(1) of Section 2921.42 of the Revised Code, provided that there is no other business relationship between the board members;

  (2) The relationship between two members of the same school district board of education, for purposes of Division (D) of Section 102.03 of the Revised Code, is not of such a character as to impair the objectivity and independence of one board member with respect to matters that affect the personal, pecuniary interests of the other board member, provided that there is no relationship between the board members other than their service on the school district board of education;

  (3) One member of a school district board of education, who is also the secretary/treasurer of a regional transit authority, is not prohibited, by Division (A)(1) of Section 2921.42 of the Revised Code, or by Division (D) of Section 102.03 of the Revised Code, from participating as an employee of the regional transit authority in the award or authorization of an authority contract to a company where another member of the school district board of education has an interest in, or would benefit from, the contract.

93-004  (1) This advisory opinion expressly overrules the holding of Advisory Opinion No. 74-007 that a member of a county board of elections is not subject to the prohibition of Division (C) of Section 102.04 of the Revised Code. The holding of Advisory Opinion No. 74-007 that a member of a county board of elections is subject to the prohibition of Division (A) of Section 102.04 of the Revised Code is not overruled and is expressly affirmed;

  (2) Division (C) of Section 102.04 of the Revised Code prohibits a member of a county board of elections who is an attorney in private practice from receiving or agreeing to receive, directly or indirectly, compensation for personally rendering services on behalf of clients in any case, proceeding, application, or other matter which is before the county administrator, the county commissioners, or any other governmental entity of the county where he serves, excluding the courts, unless the requirements of Divisions (D) and (E) of Section 102.04 of the Revised Code are met;

  (3) Division (C) of Section 102.04 of the Revised Code and Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a county board of elections who is an attorney in private practice from receiving compensation for personally rendering services on behalf of clients in any matter pending before the county board of elections. Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit him from representing employees of the county board of elections in any matter. Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit him from receiving a distributive share of client fees earned by other attorneys in his law firm for personally rendering services on behalf of clients on matters pending before the board of elections, and from participating in matters pending before the board of elections in which attorneys in his law firm are representing clients;

  (4) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a county board of elections who is an attorney in private practice from using the authority or influence of his office to secure anything of value for himself, his firm, or his clients, and from accepting or soliciting anything of value that is of such character as to manifest a substantial and improper influence upon him with respect to his official duties.

93-005  (1) A member of the Tax Credit Authority is subject to the provisions of the Ohio Ethics Law and related statutes, including the requirement to file a financial disclosure statement;

  (2) An individual who holds more than one public position or office for which a financial disclosure filing is required, is not required to file more than one statement for any one calendar year; however, all of the public positions and offices which the official holds, for which a financial disclosure statement is required, must be identified on the statement;

  (3) Although the financial disclosure statements of members of an uncompensated state board, commission, or authority are generally kept confidential, Division (B) of Section 102.02 of the Revised Code requires the Ethics Commission to notify a member of an uncompensated state board, commission, or authority if the Ethics Commission determines that the member's financial disclosure statement reveals a potential conflict of interest, and to make those portions that indicate a potential conflict of interest subject to public inspection. Such determination does not mean that the official has engaged in wrongdoing, but means that the interest represents the potential for a conflict for the official in the performance of his official duties, of which he should be aware in order to exercise care in observing the prohibitions imposed by the Ethics Law and related statutes;

  (4) The financial disclosure statement of a member of an uncompensated state board, commission, or authority, who also holds a public position or office for which he files a statement under Division (A) of Section 102.02 of the Revised Code, is not confidential and is subject to public inspection.

93-006  (1) Division (D) of Section 102.03 of the Revised Code prohibits the members of village council from enacting an ordinance granting an in-term increase in compensation for the current members of council;

  (2) Division (E) of Section 102.03 of the Revised Code prohibits a village council member from accepting, for the duration of his present term, an increase in compensation enacted by council while he was a member thereof, regardless of whether he votes for or against the increase, or whether he abstains from participating in the issue;

  (3) Division (D) of Section 102.03 prohibits a village mayor from voting to break a tie of council in favor of enacting an ordinance to grant to the mayor an in-term increase in compensation, and from otherwise using his authority or influence, formally or informally, to secure an increase in compensation;

  (4) Division (E) of Section 102.03 of the Revised Code prohibits a village mayor from accepting, for the duration of his current term, an increase in compensation enacted by village council while he was mayor, regardless of whether he voted in favor of the increase in order to break a tie on council;

  (5) A village treasurer, clerk, or clerk-treasurer is not prohibited by Section 102.03 of the Revised Code from accepting an increase in compensation, enacted by the village council during his current term of office, unless a local provision authorizes the treasurer, clerk, or clerk-treasurer to exercise discretionary authority with respect to the enactment of legislation, the appropriation of village funds, or the establishment of the compensation for their respective positions;

  (6) A village solicitor is prohibited by Division (E) of Section 102.03 of the Revised Code from accepting, for the duration of the term of his agreement with the village, an increase in compensation enacted by village council during his current agreement and Division (D) of Section 102.03 of the Revised Code prohibits him from using his authority or influence to secure such an increase;

  (7) A member of a village board of trustees of public affairs is not prohibited, by Division (E) of Section 102.03 of the Revised Code, from accepting an increase in compensation enacted by village council during his term of office, unless a local provision authorizes the village board of trustees of public affairs to exercise discretionary authority with respect to the enactment of legislation, the appropriation of village funds, or the establishment of the compensation for the position of member of the village board of trustees of public affairs;

  (8) The clerk of a village board of public affairs is not prohibited, by Division (E) of Section 102.03 of the Revised Code, from accepting an increase in compensation authorized by the village legislative authority, unless a local provision authorizes the clerk of the village board of trustees of public affairs to exercise discretionary authority with respect to the enactment of legislation, the appropriation of village funds, or the establishment of the compensation for the position of clerk of the village board of trustees of public affairs.

93-007  (1) The Ohio Ethics Law and related statutes do not, per se, prohibit an individual who participates in the Ohio Prepaid Tuition Program from serving as a member of the Ohio Tuition Trust Authority;

  (2) Tuition payment contracts entered into pursuant to Section 3334.09 of the Revised Code are not "public contracts" for purposes of Division (F) of Section 2921.42 of the Revised Code;

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of the Ohio Tuition Trust Authority, who also participates in the Ohio Prepaid Tuition Program, from voting, discussing, deliberating, formally or informally lobbying, or otherwise using the authority or influence of his position in any way with respect to any matter that would have a definite and particular effect on his financial interests or the interests of his beneficiaries under the program;

  (4) Division (D) of Section 102.03 of the Revised Code does not prohibit a member of the Ohio Tuition Trust Authority, who also participates in the Ohio Prepaid Tuition Program, from voting or otherwise participating in any official matters that would not have a definite and particular effect on his financial interests or the interests of his beneficiaries under the program.

93-008  (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a member of a board of education from authorizing, voting upon, discussing, deliberating, recommending, or otherwise using the authority or influence of his position, formally or informally, to secure the employment of his minor child by the board of education;

  (2) The prohibition which Division (A)(4) of Section 2921.42 of the Revised Code imposes upon a member of a board of education precludes his minor child from being employed for compensation by the board even if the board member does not exercise his statutory right to the child's earnings, unless the exception of Division (C) of Section 2921.42 of the Revised Code can be established;

  (3) The prohibition which Division (A)(3) of Section 2921.42 of the Revised Code imposes upon a member of a board of education precludes his minor child from being employed for compensation by the board, unless the board member does not exercise his statutory right to the child's earnings.

93-009  (1) A village mayor is prohibited by Division (A)(4) of Section 2921.42 of the Revised Code from purchasing a cable television company which, prior to his election as mayor, was granted a franchise by village council and provides cable television service to the inhabitants of the village, unless the mayor can establish the exception of Division (C) of Section 2921.42;

  (2) The requirement of Division (C)(2) of Section 2921.42 of the Revised Code that the supplies or services are being furnished to a political subdivision as part of a continuing course of dealing established prior to the public servant's becoming associated with the political subdivision is met by a village mayor who, subsequent to his election to office, purchases a cable company which had entered into a franchise agreement with the village prior to the mayor's election to office.

93-010  A member of the Ohio Dietetics Board, who is an attorney in private practice and regularly represents clients on various matters before a state agency other than his own, complies with Division (D) of Section 102.04 of the Revised Code by filing an annual 102.04 (D) Statement disclosing that he will represent clients on multiple matters coming before that state agency during the course of the year.

93-011  (1) Division (A) of Section 102.03 of the Revised Code prohibits a former commissioner or employee of the Public Utilities Commission of Ohio, who is appointed to the position of Consumers' Counsel, from representing any party, including consumers and municipal corporations, on matters in which he personally participated while he was a commissioner or employee of the Public Utilities Commission of Ohio;

  (2) Depending upon the duties of a former commissioner or employee of the Public Utilities Commission of Ohio, the restrictions of Division (A) of Section 102.03 of the Revised Code may effectively prohibit the former commissioner or employee of the Public Utilities Commission of Ohio from accepting the appointment to the position of Consumers' Counsel.

93-012  (1) Division (B) of Section 102.03 of the Revised Code does not prohibit a public official or employee from disclosing information which is a "public record" as defined in Division (A)(1) of Section 149.43 of the Revised Code;

  (2) Division (B) of Section 102.03 of the Revised Code prohibits a public official or employee from disclosing information which is not a "public record" as defined in Division (A)(1) of Section 149.43 of the Revised Code only if a statute affirmatively makes the information confidential or if the information has been clearly designated as confidential when such designation is warranted and necessary for the proper conduct of government business;

  (3) An organization which has entered into a public contract with a city and holds information to which a public official or employee is privy due to the official's or employee's service with the organization in his official capacity may not impose the prohibitions of Division (B) of Section 102.03 of the Revised Code upon the official or employee with regard to that information by designating, in the interests of the organization, the information as confidential.

93-013  (1) A person who sells insurance consultation services to a county and performs government functions pursuant to an independent contract is a "public servant" for purposes of Section 2921.43 of the Revised Code;

  (2) Division (A)(1) of Section 2921.43 of the Revised Code prohibits an independent contractor who is a public servant from receiving money from any party, other than the public entity he serves, for performing any tasks or duties he is responsible for performing pursuant to his contract with the public entity.

93-014  (1)  Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a board of education who is a sales representative for an insurance company which sells tax sheltered annuities to school district employees via payroll deduction from selling annuities to school district employees, soliciting school district employees to purchase the annuities, participating in sales discussions with school district employees in response to their inquiries concerning the annuities, or servicing the accounts of school district employees;

  (2) Division (E) of Section 102.03 of the Revised Code prohibits a member of a board of education who is a sales representative for an insurance company from servicing the accounts of school district employees who purchase annuities sold by the insurance company via payroll deduction and receiving compensation therefor, or receiving any compensation from the sale of annuities to school district employees by his employer;

  (3) Division (D) of Section 102.03 of the Revised Code prohibits a member of a board of education who is a sales representative for an insurance company from participating in administrative actions of the board of education which could affect the ability of the insurance company to sell tax sheltered annuities via payroll deduction to school district employees or other matters involving his employer;

  (4)  Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a former board of education member who is a sales representative for an insurance company from selling tax sheltered annuities to school district employees via payroll deduction provided he has not used the authority or influence of his position while serving as a board member to secure business opportunities for himself after his departure from the board.

93-015  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a city treasurer and tax administrator, who exercises the ultimate decision-making authority within the tax administrator's office to enforce the provisions of the city income tax code, and who is also a certified public accountant, from accepting, soliciting, or using the authority or influence of his office to secure any client fees for preparing or filing city tax returns;

  (2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a city treasurer and tax administrator, who exercises the ultimate decision-making authority within the tax administrator's office to enforce the provisions of the city income tax code, and who is also a certified public accountant, from providing tax preparation and accounting services on any matter for persons who are required to file city income tax returns.

93-016  (1) Division (D) of Section 102.03 of the Revised Code does not prohibit a member of a county district board of health who has an ownership interest in a business which will be subject to a regulation imposed by his own board from participating in consideration of legislation which would regulate smoking in public places within the county;

  (2) Division (D) of Section 102.03 of the Revised Code prohibits a member of a county district board of health who has an ownership interest in a business which will be subject to a regulation imposed by his own board from using the authority or influence of his office to secure a benefit or detriment for his business which is selective, differential, or in disproportion to the benefit or detriment realized by all other businesses within the county.

93-017  (1) Division (E) of Section 102.09 of the Revised Code requires that every public agency or appointing authority provide a copy of the Ohio Ethics Law to every public official and employee who serves the public agency within fifteen days after she begins the performance of her official duties;

  (2) A teacher, instructor, professor, or other kind of educator employed by a school district is not a "public official or employee," as defined in Division (B) of Section 102.01 of the Revised Code, unless her position involves the performance of, or authority to perform, administrative or supervisory functions;

  (3) A teacher, instructor, professor, or other kind of educator employed by a school district is subject to the restrictions of Division (C) of Section 102.04, and Sections 2921.42 and 2921.43, of the Revised Code, regardless of whether her position involves the performance of, or authority to perform, administrative or supervisory functions.

94-001  (1) Division (D) of Section 102.03 of the Revised Code does not prohibit the members of the boards of county commissioners who serve on the board of directors of a private, non-profit corporation that contracts with and receives funding from a joint-county alcohol, drug addiction, and mental health service district from participating in the appointment of members to the board of the joint-county service district;

  (2) The prohibitions imposed by the Ethics Law and related statutes do not prohibit a county commissioner from serving on the board of directors of a private, non-profit corporation which contracts with his political subdivision, provided that he serve in his "official capacity;" however, Division (D) of Section 102.03 of the Revised Code and Division (A)(1) of Section 2921.42 of the Revised Code restrict the official actions of a county commissioner who serves on the board of directors of a private, non-profit corporation which contracts with and receives funding from a joint-county alcohol, drug addiction, and mental health service district;

  (3) Division (D) of Section 102.03 of the Revised Code and Division (A)(1) of Section 2921.42 of the Revised Code prohibit members of the boards of county commissioners who serve on the board of directors of a private, non-profit corporation which contracts with and receives funding from a joint-county alcohol, drug addiction, and mental health service district from acting, formally or informally, to secure funding for the non-profit corporation from the joint-county district.

94-002  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a teacher who owns and operates a commercial driver training school from receiving reimbursement from his school district for providing driver education to high school students, unless the exception of Division (C) of Section 2921.42 can be met;

  (2) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a teacher who owns and operates a commercial driver training school from discussing, recommending, or otherwise using the authority or influence inherent in his position as a teacher, either formally or informally, to persuade students to utilize the services of his commercial driver training school.

94-003  Division (A)(7) of Section 102.02 of the Revised Code requires a public official or employee who files a financial disclosure statement, and is not otherwise exempted by Section 102.022 of the Revised Code, to report as the source of a gift any party who has provided gifts to the official or employee when the value of all of the gifts received, during the preceding calendar year, exceeds seventy-five dollars.

94-004  (1) Division (A)(8) of Section 102.02 of the Revised Code does not require officials and employees of the Ohio Department of Rehabilitation and Correction to report reimbursement of travel expenses on their financial disclosure statements if they travel to a national conference of the American Correctional Association since the Ohio Department of Rehabilitation and Correction pays dues to the American Correctional Association;

  (2) The exception provided by Division (A)(8) of Section 102.02 of the Revised Code does not apply if officials and employees of the Ohio Department of Rehabilitation and Correction receive reimbursement for travel expenses to meetings or conventions of an association to which they personally pay dues but if the Ohio Department of Rehabilitation and Correction does not pay membership dues to the association;

  (3) For purposes of the disclosure requirements imposed by Division (A)(8) of Section 102.02 of the Revised Code, travel is "in connection with the person's official duties" if the travel is related to, or associated with, an individual's position as a public official or employee.

94-005  Division (A)(10) of Section 102.02 of the Revised Code does not require individuals who have been appointed to the positions of school board member, superintendent, treasurer, or business manager since April 15, 1994, and candidates for school board member, to file a 1993 financial disclosure statement in the 1994 calendar year.

94-006  Division (H) of Section 102.03 of the Revised Code does not prohibit a public official or employee who is required to file a financial disclosure statement under Section 102.02 of the Revised Code from receiving compensation for classroom teaching at institutions of higher education.

95-001  Division (E) of Section 102.03 of the Revised Code prohibits a city council member from accepting free season tickets from a professional athletic team that plays its games in a stadium located within the city.

95-002  Division (A) of Section 102.02 of the Revised Code requires a member of a board of education of a county school district that has an average daily membership of twelve thousand or more students to file a financial disclosure statement with the Ohio Ethics Commission.

95-003  Division (A) of Section 102.02 of the Revised Code requires an individual who holds a valid school district manager's license issued by the Department of Education and who performs for a school district, at any time during the calendar year, the duties of "business manager," as established in Chapter 33. Of the Revised Code, to file a financial disclosure statement with the Ohio Ethics Commission.

95-004  Division (A)(4) of Section 2921.42 of the Revised Code prohibits an associate in a law firm from being appointed as an assistant attorney general to serve as counsel to a state university if a partner in the associate's law firm is a member of the university's board of trustees.

95-005  Division (E) of Section 102.03 of the Revised Code and Division (A) of Section 2921.43 of the Revised Code do not prohibit officials and employees of the Department of Education from accepting the payment or reimbursement of expenses from a nonprofit organization to which the Department pays membership dues, and collaboratives created by the nonprofit organization, where the Department personnel serve as representatives of the Department to guarantee the development of educational products, for the acquisition and use by the Department and for the benefit of the public, by contractors who are engaged by the non-profit organization.

95-006  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a county auditor from receiving compensation for performing appraisal services, in the county in which she holds office, under the following circumstances: (a) performing appraisals when the sheriff executes a writ upon real property; and (b) serving as a commissioner or appraiser in a partition action in the common pleas court;

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a county auditor from receiving compensation for performing appraisals on real and personal property for purposes of an inventory to be filed in the probate court.

95-007  (1) Division (D) of Section 2921.42 of the Revised Code allows a public employee to benefit from a housing program funded by public moneys and administered by his own political subdivision provided that he: (a) qualifies for the program; (b) does not use the authority or influence of his office or employment to secure benefits from the program; and (c) uses the moneys derived from the program for the benefit of his primary residence;

(2) The exception provided by Division (D) of Section 2921.42 of the Revised Code does not apply to an elected public official;

(3) The exception provided by Division (D) of Section 2921.42 of the Revised Code does not alter the definition of the term "public contract", or otherwise alter the application of R.C. 2921.42 to a public contract; the restrictions of R.C. 2921.42 that protect against conflicting interests in public contracts continue to apply to community development or urban renewal services through the use of low-interest loans or grants to property owners by a governmental agency or political subdivision.

96-001  (1) Division (D) of Section 102.03 of the Revised Code prohibits all municipal officers of a statutory city or village, including a mayor, law director, president of council, and council members, from authorizing, or using the authority or influence of their office, formally or informally, to enact an ordinance that will increase compensation to which they are entitled in their next term of office, after knowing that they have been reelected to the office, but prior to the beginning of their new term;

(2) Division (E) of Section 102.03 of the Revised Code prohibits all municipal officers of a statutory city or village, including a mayor, law director, president of council, and council members, from accepting an increase in compensation to which they are entitled in their next term of office, after knowing that they have been reelected to the office, but prior to the beginning of their new term;

(3) Because the Ohio Ethics Law and related statutes establish a uniform standard of ethical conduct for all persons who serve as public officials, these statutes apply equally to an incumbent public official, who at the time is also an unchallenged candidate for office.

96-002  (1) A Historic and Architectural Preservation Commission of a city, which exercises the sovereign power of the city through discretionary decision-making authority to decide the alteration or repair of property owned by citizens of the city, does not function exclusively for cultural, educational, historical, humanitarian, advisory, or research purposes and is a "public agency" as that term is defined in Division (B) of Section 102.01 of the Revised Code. Accordingly, members of the Commission are subject to the provisions of the Ohio Ethics Law found in Chapter 102. Of the Revised Code, and related statutes, that impose restrictions upon them as "public officials and employees" that protect the public against conflicts of interest;

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a Historic and Architectural Preservation Commission from receiving compensation for rendering a service on a matter that is not pending before the Commission for a client who is interested in matters before, or regulated by, the Commission, unless the member is able to withdraw from all matters pending before the Commission that would affect his client;

(3) Division (C) of Section 102.04 of the Revised Code prohibits a member of a Historic and Architectural Preservation Commission from receiving compensation, directly or indirectly, for personally rendering any service on behalf of a client on any matter pending before the Historic and Architectural Preservation Commission;

(4) Division (C) of Section 102.04 of the Revised Code prohibits a member of a Historic and Architectural Preservation Commission from preparing plans for a private client and submitting the plans to another agency of the same city, unless the member files the required statements describing the services that he would provide on behalf of a client and states that he will disqualify himself for two years from any participation as a board member in any matter involving any public official or employee of the city agency before which the matter is pending, as required pursuant to the exception contained in Division (D) of Section 102.04 of the Revised Code;

(5) Division (C) of Section 102.04 of the Revised Code does not prohibit a member of a Historic and Architectural Preservation Commission from performing ministerial functions, that include but are not limited to the filing of applications for permits and licenses, on behalf of a private client before his own commission and other agencies of the same city.

96-003 (1)  The Financial Disclosure provision contained in Division (A)(7) of Section 102.02 of the Revised Code requires a public official or employee to disclose, as the source of a gift on his financial disclosure statement, the name of a private citizen who has provided the official or employee with a gift, where the value of the gift exceeds seventy-five dollars. Transportation on private aircraft or lodging that is provided by a private citizen may constitute a gift, depending upon the circumstances, and therefore require the reporting of the source of the gift;

(2) In order to determine the seventy-five-dollar threshold for reporting the source of a gift, or the total of a number of gifts, as required by Division (A)(7) of Section 102.02 of the Revised Code, a public official or employee must, in good faith, value the gift or gifts at or above their minimum fair market value, i.e., the lowest price at which a comparable item or benefit could reasonably have been purchased in the same geographical area within the same general period of time and during the same market conditions; transportation on a private aircraft is valued at or above the lowest minimum cost of a comparable commercial flight under the same circumstances; lodging is valued at or above the lowest cost of comparable commercial lodging under the same circumstances;

(3) A public official or employee who pays a private citizen the minimum fair market value for an item or benefit prior to, or at the time of, the receipt of the item or benefit does not receive a gift for purposes of Division (A)(7) of Section 102.02 of the Revised Code, and the official or employee is not required to disclose the name of the private citizen as the source of a gift on his financial disclosure statement;

(4) Division (A)(9) of Section 102.02 of the Revised Code does not require a public official or employee to disclose, on his financial disclosure statement as the source of a gift, the name of a private citizen who provided the official or employee with meals that were attendant to transportation or lodging provided by the same private citizen, and not provided to the official in his official capacity.

96-004 (1) The Ohio Ethics Law and related statutes do not prohibit public officials and employees from engaging in private outside employment or business activities provided that no conflict of interest exists between the private interests and public duties of the public official or employee and there is no misuse of the public office or employment of the official or employee, as described below;

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibits a public official or employee from engaging in private outside employment or business activity with parties that are interested in matters before, regulated by, or doing or seeking to do business with his own public agency unless it is determined by his public employer that he is able to withdraw, as a public official or employee, from consideration of matters that affect the interests of the party with which he desires to engage in private outside employment or business activity;

(3) Division (D) of Section 102.03 of the Revised Code prohibits a public official or employee who engages in private outside employment or business activity from: (a) using public time, facilities, personnel, or resources in conducting a private business or while engaging in private outside employment including conducting demonstrations for clients using public equipment; (b) using his official title or identification on private business cards or other written materials or appearing in uniform while soliciting business or conducting demonstrations for clients; (c) using his relationship with other public officials and employees to secure a favorable decision or action by the other officials or employees regarding his private interests; (d) discussing, deliberating, or voting on any matter involving his private business, including recommending his outside employer's or business's services to his own public agency; (e) receiving fees for providing services rendered on projects that he has recommended in his official capacity; (f) participating in decisions or recommendations regarding his competitors; and (g) using his public position or authority in any other way to secure a benefit for his outside employer or private business.

96-005  (1) Provisions of Ohio’s Ethics Law and related statutes contained in Division (A)(4) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code do not prohibit an employee of a county board of mental retardation and developmental disabilities from serving as the executive officer of a non-profit corporation, which was created for the purpose of serving clients of the county board pursuant to an agreement between the county board and the non-profit corporation, if the employee is serving in his official capacity;

(2) A county board of mental retardation and developmental disabilities employee is serving in his official capacity while acting as the executive officer of a non-profit corporation, which was created for the purpose of serving clients of the county board pursuant to an agreement between the county board and the non-profit corporation, if the county board: (a) creates or is a participant in the non-profit corporation; (b) formally designates an officer or employee connected with the county board to represent the county board while serving as the executive officer of the non-profit corporation; (c) formally instructs the designated officer or employee to represent the board and its interests; and if, (d) there are no other conflicts of interest on the part of the designated representative.

96-006 (1) The Ohio Ethics Law and related statutes do not prohibit an individual who is a client of a county MR/DD board from serving on the board provided that the board follows the statutory procedure established by the General Assembly in Section 5126.032 of the Revised Code to determine that the board member does not receive any preferential treatment or an unfair advantage over other eligible clients;

(2) Division (D) of Section 102.03 of the Revised Code and Division (A)(1) of Section 2921.43 of the Revised Code do not prohibit an individual with disabilities who serves as a member of a county MR/DD board from receiving, from the county MR/DD board, necessary transportation and the services of a personal care attendant to enable the board member to attend and participate in board meetings and functions.

97-001  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code and Divisions (A)(1) and (B)(1) and (2) of Section 2921.43 of the Revised Code prohibit a public employee from soliciting, accepting, or using the authority or influence of his office to secure, a substantial amount of money or any other thing of value from a subordinate, as an incentive to retire, where the retirement will enable the subordinate to be promoted to the position that is vacated;

(2) Division (F) of Section 102.03 of the Revised Code and Division (A)(1) of Section 2921.43 of the Revised Code prohibit a subordinate employee from promising or giving money or any other thing of value to a superior employee as an incentive to retire, where the retirement will enable the subordinate to be promoted to the position that is vacated.

97-002  (1)In order to determine whether Division (D) of Section 102.03 of the Revised Code prohibits a city council member from acting on a land use matter that involves the financial interests of his landlord, all of the facts and circumstances in the situation must be examined;

(2)Division (D) of Section 102.03 of the Revised Code prohibits a city council member from participating in land use matters that involve the financial interests of the landlord leasing space to the official or his business, unless: (a) the property that is being leased is not the subject of the land use matter; (b) the rent, terms, or duration of the lease are not changed in consideration for, or recognition of, the actions of the council member; (c) no disputes exist between the council member and the landlord regarding the lease or the leased property; and (d) the rent and other terms and duration of the lease between the council member and his landlord are fixed by contract.

97-003  (1)An employee of a County Library District is a "public official or employee," as that term is used in the Ohio Ethics Law within Division (B) of Section 102.01 of the Revised Code, such that the employee is subject to the prohibitions regarding post-employment conduct, confidentiality, and conflicts of interest contained in Section 102.03;

(2)An employee of a County Library District is an employee of a "governmental entity" such that the employee is subject to the prohibitions which limit compensation for representation contained in Section 102.04 of the Revised Code;

(3)An employee of a County Library District is a "public official," as that term is used in Division (A) of Section 2921.01 of the Revised Code, such that the employee is subject to the prohibitions against having an interest in a public contract contained in Section 2921.42 and the prohibitions which limit supplemental compensation contained in Section 2921.43.

97-004  (1)Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Revised Code prohibits a public official from authorizing, or employing the authority or influence of his office to secure the authorization of, any public contract in which a member of his family has an interest;

(2)The Ohio Ethics Law and related statutes do not, per se, prohibit a County Library District from employing a substitute reference librarian whose mother is already employed by the Library as an Assistant Director;

(3)Division (A)(1) of Section 2921.42 of the Revised Code prohibits the Library's Assistant Director from participating in any part of the decision-making process authorizing or approving her child's employment and from exercising the power and influence of her public employment to affect the Library's decision-making process regarding the employment of her child even if she abstains from participating in official proceedings;

(4)When a public official receives approval from her agency's "appropriate officials" to withdraw from a matter which would create a conflict of interest, the agency should assign the matter to an official or employee who is removed from the power and influence of the withdrawing public official. Such officials or employees should normally include an official or employee who serves at a supervisory level above, or equal to, the withdrawing public official, and may also include an official or employee at a level subordinate to the withdrawing public official so long as they directly report on the matter to a supervisor of the withdrawing public official;

(5)Division (D) of Section 102.03 of the Revised Code prohibits the Library's Assistant Director from using her authority or influence, formally or informally, to secure her child's employment, to influence the decisions or actions of other officials or employees in matters that would affect the interests of her child's individual employment relationship, or to otherwise act with respect to her child's public employment on matters including, but not limited to, changes in compensation or benefits determined by individual working conditions, the assignment of duties, evaluations, and actions involving promotions, discipline, lay-offs, and termination.

98-001  (1) Conflict of interest provisions contained in Ohio's Ethics Law, within Divisions (D) and (E) of Section 102.03 of the Revised Code, do not prohibit a village clerk-treasurer from authorizing or participating in matters involving the deposit of public funds with a bank with which she has an "ordinary customer" relationship;

(2) For purposes of Divisions (D) and (E) of Section 102.03 of the Revised Code, a public official or employee is an "ordinary customer" of a bank if her business relationships with the bank are subject to fixed terms that are available to all other eligible bank customers, unless any one of the four factors listed below exists;

(3) Four factors that indicate that a public official or employee is not an "ordinary customer" of a bank are: (a) the public official or employee is negotiating a loan with the bank, or she has existing loan agreements with the bank on terms that vary significantly from those offered to other borrowers; (b) the total amount of the official's or employee's deposits or investments (such as certificates of deposit or individual retirement accounts) exceed the maximum amount eligible for coverage by federal deposit insurance; (c) the official or employee is employed by the bank or has any ownership interests in, or fiduciary relationships with, the bank; or (d) there is any extraordinary circumstance involved in the business relationship between the public official or employee, the public agency she serves, and/or the bank, as is further discussed herein;

(4) Neither Division (A)(1) nor (A)(2) of Revised Code Section 2921.42 prohibit a village clerk-treasurer from authorizing a public contract to, or authorizing the investment of public funds with, a bank with which she has a business relationship that is limited to that of an "ordinary customer" relationship, as defined above. Revised Code Section 2921.42 may prohibit a village clerk-treasurer from taking such actions, if the clerk-treasurer or her family has additional ownership or fiduciary relationships with the bank;

(5) An "ordinary customer" of a bank, as defined above, is not a "business associate" of the bank for purposes of the prohibitions contained in Division (A)(1) and (A)(2) of Revised Code Section 2921.42.

98-002  (1) Division (D) of Section 102.03 of the Ohio Revised Code prohibits a city council member from discussing, deliberating, voting, or otherwise participating, formally, or informally, in the decisions of the city she serves that involve a proposed commercial development that borders residential property her brother owns;

(2) The relationship between a city council member and her brother is such that the council member's objectivity and independence of judgment would be impaired where a land-use matter pending before city council will result in a definite benefit or detriment to the value of property owned by her brother.

98-003  (1) Division (A)(1) of Section 2921.42 and Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official from soliciting, authorizing, or employing the authority or influence of his office to secure the authorization of, any public contract, including employment, in which a member of his family has an interest;

(2) Division (A)(1) of Section 2921.42 of the Revised Code does not prohibit a local school district superintendent from voting, discussing, deliberating, lobbying, or otherwise participating in any part of the decision-making process regarding the collective bargaining agreement between the school district and a labor organization representing his daughter's bargaining unit, where his daughter is treated in the same manner as other similarly situated collective bargaining employees, unless she is an officer, board member, or member of the negotiating team of the labor organization;

(3) Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a local school district superintendent from voting, discussing, deliberating, lobbying, or otherwise participating in any part of the decision-making process regarding the collective bargaining agreement between the school district and a labor organization representing the daughter's bargaining unit so long as his daughter is treated in the same manner as other similarly situated collective bargaining employees.

98-004  (1) Division (A)(1) of Section 2921.42 of the Revised Code, and Division (D) of Section 102.03 of the Revised Code, prohibit a village clerk-treasurer from authorizing, or employing the authority or influence of her office to secure the authorization of, her husband’s contract of employment, and from discussing, deliberating, or otherwise participating in any part of the village’s decision-making process authorizing or approving her husband’s contract of employment or the continuation, implementation, or terms and conditions of her husband’s contract of employment;

(2) Provided the village clerk-treasurer has not authorized, or used her position in any way to secure the authorization of, her husband’s employment, or the continuation, implementation, or terms and conditions of her husband’s employment, Division (D) of Section 102.03 of the Revised Code does not prohibit her from performing the statutory duties of her office to implement a general budget appropriation which includes money to fund her husband’s compensation and benefits where her husband’s compensation and benefits have been established by a council action, independent of the clerk-treasurer’s authority, and cannot be altered by any action of the clerk-treasurer;

(3) Division (D) of Section 102.03 of the Revised Code does not prohibit a village clerk-treasurer from participating in general budget appropriations for the department which employs her husband provided that the appropriations are for the department’s general accommodations, supplies, and operating expenses, and do not provide a definite and particular personal benefit to her husband;

(4) Provided the village clerk-treasurer has not authorized, or used her position in any way to secure the authorization of her spouse’s employment, or the continuation, implementation, or terms and conditions of her husband’s employment, neither Division (A)(1) of Section 2921.42 of the Revised Code, nor Division (D) of Section 102.03 of the Revised Code, prohibit her from signing her husband’s payroll checks where her husband’s compensation has been established by a council action, independent of the clerk-treasurer’s authority, and cannot be altered by any action of the clerk-treasurer.

98-005  (1) Division (E) of Section 102.03 of the Revised Code does not prohibit a publicly employed electrical safety inspector from teaching a recertification class for electrical contractors who work within the inspector's jurisdiction if the inspector receives no compensation for his services and follows the constraints discussed below;

(2) Division (E) of Section 102.03 of the Revised Code does not prohibit a publicly employed electrical safety inspector, who follows the constraints discussed below, from receiving compensation for teaching a recertification class for electrical contractors who do not work within, and are not subject to, the inspector's jurisdiction;

(3) Division (E) of Section 102.03 of the Revised Code prohibits a publicly employed electrical safety inspector from receiving compensation for teaching a recertification class for electrical contractors who work within the inspector's jurisdiction;

(4) Division (A)(1) of Section 2921.43 of the Revised Code prohibits a public servant, including a publicly employed electrical safety inspector, from receiving compensation, from anyone other than the public agency he serves, for teaching recertification classes to any party, if the public servant is required to teach recertification classes as a part of his public job duties.

99-001  (1) Division (A) of Section 102.03 of the Revised Code prohibits former county Child Support Enforcement Agency attorneys, for a period of one year from the date they left their employment with the county Child Support Enforcement Agency, from representing private clients, or any other party, before any public agency, on any "matter" in which they personally participated while they were employed by the county Child Support Enforcement Agency;

(2) The term "matter" is defined in Division (A)(5) of Section 102.03 of the Revised Code as "any case, proceeding, application, determination, issue, or question," and includes, but is not limited to, a specific occurrence or problem requiring discussion, decision, research, or investigation, a lawsuit or legal proceedings, an oral or written application, a settlement of a dispute or question, a dispute of special or public importance, and a controversy submitted for consideration;

(3) Former county Child Support Enforcement Agency attorneys would be prohibited from preparing pleadings, filings, or other documents for presentation or submission to a court or other public agency on a matter in which they personally participated as county Child Support Enforcement Agency attorneys, even if they do not sign the pleadings or documents, but they would not be prohibited from consulting with the attorneys who represent these clients, so long as they do not divulge confidential information;

(4) Division (B) of Section 102.03 of the Revised Code prohibits former county Child Support Enforcement Agency attorneys from disclosing or using, without appropriate authorization, any confidential information that they acquired in the course of their public service.

99-002  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of the board of county commissioners from being employed by a county hospital organized under Chapter 339. Of the Revised Code, unless all of the criteria for the exemption of Division (C) of Section 2921.42 of the Revised Code are met;

(2) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a member of a board of county commissioners from authorizing, or using the authority or influence of his office to secure authorization of, a contract for public employment with a county hospital.

(3) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of a board of county commissioners from being employed by a county hospital unless he withdraws, as a county commissioner, from consideration of matters that affect the interests of the hospital.

99-003  (1) Division (H) of Revised Code Section 102.03 prohibits a state employee who is required to file a financial disclosure statement from accepting an "honorarium" for any speech she delivers, regardless of the subject matter of the speech;

(2) An "honorarium" is defined, in Division (H) of Revised Code Section 102.01, to include payment for any speech given or article published, but excludes income from any person for personal services that are customarily provided in connection with the practice of a bona fide business, if that business initially began before the public official or employee conducting that business was elected or appointed to her office or position of employment;

(3) The term "bona fide business," as used in Division (H) of Revised Code Section 102.01, is defined to include any person, partnership, or corporation engaged in an authentic commercial, manufacturing, or service concern or profit-seeking enterprise;

(4) Payment offered to a state employee for providing speaking or writing services that she customarily provided through her bona fide business that existed before she was employed by the state does not constitute an "honorarium" within the statutory definition, and Division (H) of Revised Code Section 102.03 does not prohibit the state employee from accepting the payment;

(5) Payment offered to a state employee for providing speaking or writing services, where the opportunity to speak or write was offered to her through or because of her public employment, constitutes an "honorarium," and Division (H) of Revised Code Section 102.03 prohibits the state employee from accepting the payment;

(6) Divisions (D) and (E) of Revised Code Section 102.03 prohibit a state employee from receiving compensation for writing articles or giving speeches, directly or through her sole proprietorship, if the compensation is from any party that is regulated by, doing or seeking to do business with, or interested in matters pending before, the state agency she serves.

99-004  (1) Division (A)(4) of Section 2921.42 of the Ohio Revised Code does not prohibit a member of a governing board of an educational service center from also serving, in his official capacity, as a member of the board of a joint vocational education school district which is formed pursuant to Section 3311.19 of the Revised Code, and which enters into contracts with the member’s educational service center board, provided that he has no other conflict of interest;

(2) Division (A)(1) of Section 2921.42 and Division (D) of Section 102.03 of the Ohio Revised Code do not prohibit a member of a board of a joint vocational education school district from voting on a contract between that board and a governing board of an educational service center of which he is also a member;

(3) Division (A)(4) of Section 2921.42 of the Ohio Revised Code prohibits a member of a governing board of an educational service center from serving as a member of the board of a joint vocational education school district formed pursuant to Section 3311.19 of the Revised Code, if he is also an employee of the joint vocational education school district; and

(4)The conclusions in this opinion would also apply to any member of a city, local, and exempted village board of education who serves as a member of a board of a joint vocational education school district.

2000-01  (1) Division (A) of Section 102.02 of the Revised Code requires that an individual who holds a valid treasurer’s license and performs the statutorily created powers or duties of treasurer of an educational service center must file a financial disclosure statement with the Ohio Ethics Commission, regardless of whether the individual receives compensation from the educational service center for performing the statutorily created powers or duties of treasurer;

(2) Division (A) of Section 102.02 of the Revised Code requires that an individual who holds a valid treasurer’s license and performs the statutorily created powers or duties of treasurer of an educational service center must file a financial disclosure statement with the Ohio Ethics Commission, regardless of the manner in which the individual attains the position and regardless of the length of time the individual performs the statutorily created duties and powers of treasurer; and

(3) The conclusions in this opinion apply to any individual who performs, and who holds a valid license or certificate to perform, the statutorily created powers or duties of a treasurer, business manager, or superintendent of any school district board of education or educational service center.

2000-02  (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a member of city council from having an interest in the profits or benefits of a contract that is entered into by or for the use of the political subdivision with which the member of city council is connected unless all four requirements of Division (C) of Section 2921.42 are met;

(2) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a member of city council, during his term of office or within one year thereafter, from occupying any position of profit in the prosecution of a public contract authorized by him when the public contract is not let by competitive bidding to the lowest and best bidder;

(3) The status of a member of city council as the owner of a minority business enterprise does not change the application of Divisions (A)(3) and (A)(4) of Section 2921.42; and

(4) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a member of city council from using or authorizing the use of the authority or influence of his office to secure authorization of any public contract in which he or his company has an interest.

2000-03  (1) Division (A) of Section 102.02 of the Revised Code requires that any person appointed to fill the unexpired term of an elective county office must file a financial disclosure statement;

(2) Divisions (B) and (D) of Section 305.02 of the Revised Code set forth the procedures by which an unexpired county elective office shall be filled by appointment;

(3) Division (F) of Section 305.02 of the Revised Code provides that the county commissioners may appoint a person to hold any county elective office as an acting officer, and perform the duties of the office between the occurrence of the vacancy and the time when the officer appointed by the central committee, pursuant to Revised Code 305.02(B) or (D), qualifies and takes the office;

(4) Division (A) of Section 102.02 of the Revised Code does not require a person who serves as an acting county officer, pursuant to Division (F) of Revised Code Section 305.02, to file a financial disclosure statement.

2000-04  (1) Division (A)(1) of Section 2921.43 of the Revised Code prohibits public school teachers, administrators, and other public school officials and employees from accepting or soliciting any form of compensation from a private tour company, or any other source, except their public employer, for scheduling, organizing, chaperoning, or performing any other duties associated with, a school trip;

(2) Division (A)(4) of Section 2921.42 of the Revised Code prohibits public school teachers, administrators, and other public school officials and employees from having a definite and direct personal financial or fiduciary interest in a contract entered into by or for the use of their school district;

(3) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit public school teachers who perform or have the authority to perform administrative or supervisory functions, public school administrators, and other public school officials and employees from soliciting, accepting, or using their respective positions to secure a personal and pecuniary benefit from a private tour company that does business with their school district;

(4) Division (A)(1) of Section 2921.43 of the Revised Code prohibits a private tour company from compensating a public school administrator, teacher, or other public school official or employee for performing the duties associated with scheduling, organizing, chaperoning, or performing any other duties associated with, a school trip;

(5) Division (E) of Section 102.03 of the Revised Code does not prohibit public school teachers, public school administrators, and other public school officials and employees from accepting, from a private tour company, necessary travel expenses to accompany students on a school trip, so long as the travel expenses are provided in connection with the contract between the district and the tour company to provide tour services;

(6) Division (A)(1) of Section 2921.43 of the Revised Code does not prohibit any public school administrator, teacher, or other public school official or employee, from accepting, from a private tour company, necessary travel expenses to accompany students on a school trip, so long as the travel expenses are provided in connection with the contract between the district and the tour company to provide tour services;

(7) Because the application of the Ethics Law to school board members may be different due to their financial and fiduciary responsibilities to the school district, the conclusions of this opinion do not apply to school board members.

2000-05  (1) A paid township volunteer firefighter is a "public official or employee" subject to the post-employment, confidentiality, and conflict of interest prohibitions of the Ohio Ethics Law found in Section 102.03 of the Revised Code;

(2) A paid township volunteer firefighter is a person "employed by a . . . township" subject to the prohibition that limits compensation for representing others before the township as set forth in Section 102.04 of the Revised Code;

(3) A paid township volunteer firefighter is a "public official" subject to the public contract prohibitions set forth in Section 2921.42 of the Revised Code;

(4) A paid township volunteer firefighter is a "public servant" subject to the supplemental compensation prohibitions set forth in Section 2921.43 of the Revised Code.

2001-01  (1) This advisory opinion expressly affirms the holding of Advisory Opinion No. 91-002 that the Ohio Ethics Law and related statutes do not prohibit a city council member from serving as a volunteer for the city fire department, provided that he receives no definite and direct personal pecuniary benefit from such service;

(2) This advisory opinion expressly affirms the holding of Advisory Opinion No. 91-002 that Division (D) of Section 102.03 of the Revised Code prohibits a city council member, who is also an unpaid volunteer for the city fire department, from participating in matters before city council that affect the individual officials and employees of the fire department and clarifies those matters in which the council member is not prohibited from participating;

(3) Division (D) of Section 102.03 of the Revised Code does not prohibit a city council member, who is also an unpaid volunteer firefighter, from participating in matters that affect the fire department as a whole, such as decisions about budget, equipment, and appropriations for the fire department, and the officials and employees of the fire department as a class, so long as those matters do not result in a definite and direct individual financial benefit or detriment for the individual members of the fire department;

(4) Division (D) of Section 102.03 of the Revised Code prohibits a city council member, who is also an unpaid volunteer firefighter, from participating in any matters, including hiring, removal, compensation and benefits determinations, and the signing of warrants and checks, that directly affect the individual interests of any official or employee of the fire department.

2001-02   (1) When a member of the board of directors of a port authority is also an officer of a private company, Division (A)(4) of Section 2921.42 of the Revised Code precludes the private company from applying for and receiving financing from a bond program created and administered by the port authority unless all of the criteria of Division (C) of Section 2921.42 of the Revised Code are met;

(2) If the port authority receives applications for participation in the bond program on a continuing basis, the "unobtainable elsewhere" requirement of Division (C) of Section 2921.42 of the Revised Code can be met by showing that the applications are considered in a fair and open process, and that it can be reasonably projected that the bond program can and will fully support financing of all interested and qualified applicants, including the company for which the board member is an officer;

(3) Division (A)(3) of Section 2921.42 of the Revised Code does not preclude a company that a port authority board member serves as an officer from receiving financing through the authority's bond program provided that the board member's interest in the financing through the program is as a fiduciary due to his position as an officer of the company and his compensation does not include a financial benefit that is definitely and directly attributable to the company's receipt of financing through the program;

(4) Division (A)(1) of Section 2921.42 of the Revised Code and Division (D) of Section 102.03 of the Revised Code prohibit a port authority board member from discussing, deliberating or recommending that the authority approve the application of a private company for which he serves as an officer for participation in a bond program created and administered by the authority.

2001-03  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official or employee from soliciting, accepting, or using his or her position to secure a substantial thing of value, including a golf outing at which the public official or employee would receive a round of golf, golf cart rental, and food and beverages, from a party that is interested in matters before, regulated by, or doing or seeking to do business with the public official’s or employee's public agency;

(2) Division (F) of Section 102.03 of the Revised Code prohibits any person from promising or giving, to a public official or employee, anything of value, including a golf outing at which the public official or employee would receive a round of golf, golf cart rental, and food and beverages, if the person is a party that is interested in matters before, regulated by, or doing or seeking to do business with the public official’s or employee's public agency;

(3) Division (A) of Section 2921.43 of the Revised Code prohibits a public servant from accepting any gift, including a golf outing, regardless of its value, and prohibits any person from giving such a gift to a public servant, if either the purpose or the result of the gift is to provide payment to the public servant in return for the performance of his or her official duties.

2001-04  (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a school district official or employee from soliciting, accepting, or using his or her position to secure travel, meals, and lodging, or a gift of substantial value, from a party that is interested in matters before, regulated by, or doing or seeking to do business with the school district;

(2) The prohibition in R.C. 102.03(D) and (E) applies to every school district and educational service center elected and appointed official, and to every employee of a school district or educational service center except a teacher, instructor, or other kind of educator whose position does not involve the performance of, or authority to perform, administrative or supervisory functions;

(3) Division (F) of Section 102.03 of the Revised Code prohibits any person from promising or giving, to a school district official or employee, travel, meals, and lodging, or a gift of substantial value, if the person is interested in matters before, regulated by, or doing or seeking to do business with the public official’s or employee's public agency;

(4) Division (A) of Section 2921.43 of the Revised Code prohibits all elected and appointed school district officials and all school district employees, including all teachers, from accepting any gift, regardless of its value, and prohibits any person from giving a gift to a school official or employee, if either the purpose or the result of the gift is to provide payment to the public servant in return for the performance of his or her official duties.

2001-05  (1) Based on the "official capacity" exception to the prohibition of Division (A)(4) of Section 2921.42 of the Revised Code, a superintendent of a school district or educational service center is not prohibited from serving on the Governing Board of a Data Acquisition Site that provides services to the school district or educational service center the superintendent serves;

(2) A school district or educational service center superintendent does not have a potential conflict of interest based on his service on the Governing Board of a Data Acquisition Site that provides services to the school district or educational service center the superintendent serves where the four elements of the "official capacity" exception are met. Therefore, Division (D) of Section 102.03 of the Revised Code does not prohibit a school district or educational service center superintendent who is a member of the Governing Board of a Data Acquisition Site that provides services to his school district or educational services center from participating in matters affecting the Data Acquisition Site where the four elements of the "official capacity" exception are met;

(3) Division (B) of Section 102.02 of the Revised Code requires that the Ethics Commission make available for public inspection any portion of a financial disclosure statement filed by a school district or educational service center superintendent that reveals a potential conflict of interest. Because service by a school district or educational service center superintendent on a Governing Board of a Data Acquisition Site in his official capacity does not present the potential for a conflict of interest, the Commission will not make available for public inspection those portions of a statement filed by a superintendent that reveal service in such a position.

2001-06  (1) The Ohio Ethics Law and related statutes do not prohibit a member of the Tuition Trust Authority, who is also an investor in any college savings program administered by the Authority, from participating as an Authority member with respect to any matters that would result in a general, uniform benefit or detriment to all investors in the program.

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of the Tuition Trust Authority, who is also an investor in any college savings program administered by the Authority, from voting, discussing, deliberating, formally or informally lobbying, or otherwise using the authority or influence of his position to secure or solicit any benefit that is unique, particular, or distinguished, in any way, from benefits accruing to all other members of the program in which he is an investor.

(3) This advisory opinion affirms the holding of Advisory Opinion No. 93-007 with respect to the conflict of interest provisions set forth in Section 102.03 of the Ohio Revised Code, and reverses the application of the holding to a member of the Ohio Tuition Trust Authority who is also an investor in a college savings program administered by the Authority.

(4) This advisory opinion affirms the holding of Advisory Opinion No. 93-007 that tuition payment contracts entered into pursuant to the Revised Code are not "public contracts" and, therefore, a member of the Ohio Tuition Trust Authority does not have a prohibited interest in a public contract if he invests in a college savings program administered by the Authority.

2001-07 (1) A "candidate" for elective office is a person certified by a board of elections for placement on the official ballot of a primary, general, or special election as described in Division (H) of Section 3501.01 of the Revised Code;

(2) An incumbent who serves in any of the offices for which the filing of a financial disclosure statement with the Ethics Commission is required, and who, at the time of the annual April deadline for the filing of a financial disclosure statement, is not certified by a board of elections for placement on the official ballot of a primary, special, or general election, is not a "candidate" at the time of the deadline. Therefore, the incumbent is required to file a financial disclosure statement with the Ohio Ethics Commission on or before April 15^th, due to having held office in the prior year, even if the incumbent intends to become a "candidate" later in the year in which the statement is required to be filed;

(3) The conclusions in this advisory opinion apply to an incumbent elected official who is required to file a financial disclosure statement on or after January 1, 2002.

2001-08 (1) Division (F) of Section 102.03 and Division (A) of Section 2921.43 of the Revised Code do not prohibit a company from promising or giving a uniform discount on its goods or services to a large class of individuals comprised of public officials and employees, as described in this opinion, even if some members of the class serve public agencies that either purchase goods and services from, or regulate, the company;

(2) Division (F) of Section 102.03 of the Revised Code prohibits a company that does business with, or is regulated by, public agencies from promising or offering a discount on its services that is limited to individual public officials or employees who have official duties and responsibilities that affect the financial interests of the company, or which are selective, differential, or in disproportion to the benefits provided to all other public officials and employees who comprise the class, as described in this opinion, that is eligible for the discount.

2002-01 (1) All public officials and employees who are required to file financial disclosure statements pursuant to Divisions (A) and (B) of Section 102.02 of the Revised Code, except those public officials and employees otherwise subject to Section 102.022 of the Revised Code, must disclose the source of a gift valued at over seventy-five dollars;

(2) As set forth in Section 102.022 of the Revised Code, officials and employees of political subdivisions who receive less than $16,000 a year for serving in their public positions, and members of the board of trustees of any state institution of higher education as defined in Section 3345.011 of the Revised Code, must disclose the source of a gift valued at over five hundred dollars;

(3) The "source" of a gift required to be reported under Section 102.02 may be composed of one person or a group of persons;

(4) If the source of a gift is a group of persons, and the filer knows the group source at the time the gift is presented, the filer must identify and disclose the group as a source of a gift;

(5) The conclusions in this advisory opinion apply to any person who is required, by Divisions (A) or (B) of Section 102.02 of the Revised Code, to file a financial disclosure statement with the Ohio Ethics Commission on or after January 1, 2003.

2002-02 (1) A person is not prohibited, within the parameters discussed in this opinion, from providing the cost of a meal, reception, or open house at an educational or informational conference held by an association of public officials and employees;

(2) A person that is providing a meal, reception, or open house at a conference of an association of public officials and employees must ensure that the meal, reception, or open house is: (a) of an ordinary, routine character; (b) at an educational or informational event; (c) open to all of the public officials and employees attending the event; and (d) within the parameters discussed in this opinion;

(3) A public official or employee who attends a conference held by an association of public officials and employees is not prohibited, within the parameters discussed in this opinion, from accepting a meal, or attending a reception or open house, the cost of which is financed by a private party;

(4) A public official or employee is prohibited from improperly using his position to secure the donation of the cost of a meal, reception, or open house at a conference of an association of public officials and employees to which he or his public agency belongs, while the official or employee is simultaneously engaged in governmental business or regulatory activity directly affecting the related interests of the person solicited.

2002-03 (1) The Ohio Ethics Law does not restrict ordinary campaign contributions given to an elected state officer;

(2) Where there is evidence of wrongdoing as set forth in Division (G) of Section 102.03 of the Revised Code in connection with a campaign contribution to an elected state officer, and a nexus exists between the public office and the contributor, the conflict of interest protections set forth in Divisions (D), (E), and (F) of Section 102.03 of the Revised Code will apply;

(3) A nexus exists between an elected state officer and a person making a contribution if the contributor is doing or seeking to do business with, regulated by, or interested in matters pending before, the state office he holds, as described herein;

(4) Where a person serves simultaneously as an elected state officer, with authority to distribute public funds or enter into contracts, and as a significant local political party official, the potential for a prohibited conflict of interest is heightened because of the duality of roles and responsibilities.

2003-01 (1) All members of the governing board of a community school are subject to the provisions of the Ohio Ethics Law and related statutes, as set forth in R.C. Chapter 102. and Sections 2921.42 and 2921.43 of the Revised Code, except as set forth in Division (A)(11)(e) of Section 3314.03 of the Revised Code;

(2) This conclusion also applies to all officers and employees of a community school, excluding teachers and other educators who have no authority to perform supervisory or administrative functions;

(3) Teachers and other educators employed by a community school, whose job duties do not include the authority to perform supervisory or administrative functions, are subject to the restrictions set forth in Sections 102.04, 2921.42, and 2921.43 of the Revised Code, but are not subject to the restrictions set forth in Section 102.03 of the Revised Code.

2003-02 (1) Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a state employee from participating in matters that affect a company by which he was formerly employed where he has no other connection with the company except that he has retained a 401(k) plan established while he was employed at that company, as long as the fund in which the 401(k) is invested does not own the company’s stock and the company has no control over the 401(k);

(2) Division (A)(1) of Section 2921.42 of the Revised Code does not prohibit a state employee from participating in the authorization of contracts to a company by which he was formerly employed if he has retained a 401(k) plan established while he was employed at that company, as long as there is no other connection between the employee and company.

2003-03 (1) Division (A) of Section 2921.43 of the Ohio Revised Code prohibits any official or employee of a public college or university from soliciting or accepting from any person other than her public employer, and prohibits any person from promising or giving the official or employee, anything of value, including a gift, if the thing is promised or given to the official or employee to compensate her for the performance of her duties;

(2) Divisions (D) and (E) of Section 102.03 of the Ohio Revised Code prohibits any official or employee of a public college or university, except educators whose have no administrative or supervisory authority, from soliciting, accepting, or using her position to secure entertainment, gifts, meals, and other things of substantial value from any person doing or seeking to do business with, interested in matters before, or regulated by the public college or university, including a private student loan lender who has or is seeking a contract with the college or university. The lender is bound by the concomitant provision set forth in Division (F) of Section 102.03 of the Ohio Revised Code, which prohibits promising or giving substantial things of value;

(3) The Ohio Ethics Law does not prohibit an official or employee of a public college or university from serving, without compensation, on a customer advisory board organized by a private student loan lender; however, Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit the official or employee soliciting, accepting, or using her position to secure travel, meals, and lodging to attend meetings of the board.

2004-01 (1) A public official or employee subject to the Financial Disclosure provisions contained in Division (A)(8) of Section 102.02 of the Ohio Revised Code must disclose the source and amount of every payment of travel expenses (subject to the exception listed), whether the expenses are paid by a public agency or private entity on behalf of the public official or employee, or reimbursed to the public official or employee;

(2) Examples of items required to be disclosed include payments, reimbursements, or expenditures for: (a) lodging; (b) any type of public transportation, including airplanes, trains, buses, and taxis; (c) transportation on a private aircraft or other vehicle owned or leased by a private corporation; (d) transportation in a vehicle that is owned or leased by a public agency other than the one the official or employee serves; (e) food and beverages consumed during travel; and (f) car rental fees;

(3) Examples of items not required to be disclosed include: (a) the payment of registration fees for a conference or convention by the public agency; and (b) the costs associated with the use of a vehicle that is owned or leased by the public agency the official or employee serves and is operated for the ordinary use of the officials and employees of that agency.

2004-02 (1) This Advisory Opinion expressly overrules the holding of Advisory Opinion No. 85-007 that 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 exceptions to the Ethics Law set forth in Sections 135.11 and 135.38 of the Revised Code;

(2) Because a county treasurer is prohibited from authorizing investments of public funds to a depository if he is a member of the board of trustees of that depository, a county treasurer who is a member of the board of trustees of a depository bank would be unable to perform the statutorily mandated duties of his office. Therefore, a county treasurer is effectively prohibited from serving on the board of trustees of a depository bank; and

(3) The conclusions of this opinion apply to any public official or employee who serves as the "treasurer" of a public agency, for purposes of the Uniform Depository Act.

2004-03 (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a code enforcement official from engaging in private business activity if she will be paid by any party that is interested in matters before, regulated by, or doing or seeking to do business with the public agency she serves, unless the public agency determines that she is able to fully withdraw from consideration of matters that affect the interests of the party;

(2) Division (D) of Section 102.03 of the Revised Code prohibits a code enforcement official who engages in private business activity from: (a) using public time, facilities, personnel, or resources in conducting a private business or while engaging in private employment; (b) using her official title or identification on private business cards or other written materials or appearing in uniform while soliciting or conducting her private business; (c) using her relationship with other public officials and employees to secure a favorable decision or action by the other officials or employees regarding her private interests; (d) discussing, deliberating, or voting on any matter involving her private business, including recommending services to her own public agency; (e) receiving fees for providing services rendered on projects that she has recommended in her official capacity; (f) participating in decisions or recommendations regarding her competitors; and (g) using her public position or authority in any other way to secure a benefit for her private business;

(3) In addition to the prohibitions in the Ohio Ethics Law and related statutes, the Ohio Building Code, Ohio Administrative Rules, and local ordinances, rules, and policies may contain provisions that limit the outside employment activity of code enforcement officials.

2004-04 (1) Division (A)(1) of Section 102.03 of the Revised Code prohibits a former Deputy Director of a state Department from representing any person, before any public agency, on any "matter" in which he personally participated as Deputy Director, including a matter that involves pending legislation affecting the Department's authority or programs;

(2) For purposes of Division (A)(1) of Section 102.03 of the Revised Code, a "matter" includes any case, proceeding, application, determination, issue, or question, but does not include the "proposal, consideration, or enactment" of statutes or rules;

(3) When a Deputy Director of a state Department is involved in reviewing, drafting, or other administrative activity related to a pending bill, the Deputy Director has personally participated in a "matter" and is not the "proposal, consideration, or enactment" of a statute;

(4) When a Deputy Director of a state Department has testified before the General Assembly on a pending bill, but has not taken other actions related to the bill or the Department's authority or programs that will be affected by the bill, the Deputy Director has not personally participated in a matter because his testimony on the bill is part of the "proposal, consideration, or enactment" of a statute.

2005-01 (1) Financial disclosure provisions contained in Revised Code Sections 102.02 and 102.022 of the Ohio Ethics Law require that a public official or employee who files a financial disclosure statement must disclose all sources of income, over the applicable statutory threshold, received during the preceding calendar year by the filer in his or her own name and by any other person for the filer's use or benefit;

(2) Financial disclosure provisions contained in Revised Code Sections 102.02 and 102.022 require that a public official or employee who files a financial disclosure statement must disclose the name of every corporation, trust, business trust, partnership, or association, within the parameters of the Law, in which, during the preceding calendar year, the filer or any other person for the filer's use and benefit, had an investment of over one thousand dollars;

(3) A public official or employee who is required to file a financial disclosure statement, and who is a settlor and beneficiary of a trust, must disclose the trust, and sources of income received by the trust, as sources of income, and must disclose the trust, and investments in the trust, as investments;

(4) The conclusions in this opinion apply to financial disclosure filings made for calendar year 2005 and subsequent years.

2005-02 (1) A "financial planning and supervision commission" is an agency and instrumentality of the state created pursuant to Section 3316.05 of the Ohio Revised Code to adopt and implement a financial recovery plan for a school district in fiscal emergency, with authority set forth in Section 3316.07 to sue and be sued, enter into contracts, and make reductions in the district's work force to bring the district's budget into balance;

(2) A member of a school district financial planning and supervision commission is a "public official or employee," as that term is defined in Division (B) of Section 102.01 of the Revised Code, subject to the post-employment, confidentiality, and conflicts of interest prohibitions set forth in Section 102.03 and is an officer of an instrumentality of the state subject to the representation and contracting prohibitions set forth in Section 102.04;

(3) A member of a school district financial planning and supervision commission is a "public official," as that term is defined in Division (A) of Section 2921.01 of the Revised Code, subject to the public contract prohibitions set forth in Section 2921.42 and the supplemental compensation prohibitions set forth in Section 2921.43; and

(4) Because Division (J) of Section 3316.05 of the Revised Code requires members of a school district financial planning and supervision commission to file a statement described in that section, and exempts them from the financial disclosure filing requirement in the Ethics Law, the members of financial planning and supervision commissions are not required to file the disclosure statement described in Section 102.02 of the Revised Code.

2006-01 (1) Division (A) of Section 102.02 of the Ohio Revised Code requires that the director, assistant directors, deputy directors, division chiefs, or persons of equivalent rank of any administrative department of the state are required to file financial disclosure statements;

(2) Any state employee who is assigned, in a temporary working level, to perform the duties of the director, assistant director, deputy director, division chief, or a position of equivalent rank to these positions, for a state department, is required to file a financial disclosure statement if he or she has a served in the temporary working level for more than ninety days;

(3) Division (A) of Section 102.02 requires that 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 is required to file a financial disclosure statement;

(4) Any state employee who is assigned, in a temporary working level, to perform the duties of any position that receives 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 is required to file a financial disclosure statement if he or she receives the schedule C or E-2 salary in connection with the temporary assignment and has served in the temporary working level for more than ninety days.

2006-02 (1) Division (A)(4) of Section 102.02 of the Revised Code provides that individuals who are required to file financial disclosure statements must disclose all fee simple and leasehold interests to which the person holds legal title or a beneficial interest in real property within the state, excluding the person's residence and property used primarily for personal recreation;

(2) A financial disclosure filer who is a member of a limited liability company that owns real property does not hold individual legal title to, but does hold a beneficial interest in, real property owned by the company;

(3) Because a financial disclosure filer who is a member of a limited liability company that owns real property holds a beneficial interest in real property interests owned by the company, she is required to disclose company property on her financial disclosure statement.

2006-03 (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official or employee from soliciting, accepting, or using the authority or influence of his or her public office to secure contributions to a fund for his or her legal defense in a criminal case from any person including individuals, labor organizations, companies, or partnerships that are "improper sources," because they are interested in matters before, regulated by, or doing or seeking to do business with the public agency that the official or employee serves, and from the principals and owners of those organizations, companies, or partnerships;

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a public official or employee from accepting voluntary contributions to a legal defense fund from parties that are not improper sources;

(3) Division (F) of Section 102.03 of the Revised Code prohibits improper sources from giving a contribution to a public official's or employee's legal defense fund;

(4) Pursuant to the financial disclosure provisions contained in Section 102.02 of the Revised Code, a public official or employee who is required to file a financial disclosure statement, and who accepts contributions to a legal defense fund, must disclose the sources of contributions as sources of gifts regardless of whether the contributions were made directly to the official or employee or to a third-party for his or her use and benefit.

2007-01 (1) Conflict of interest provisions in Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a member of village council, who is also employed with a college or university, from participating in any matter before council if the college or university has a definite and direct interest in the matter;

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code do not prohibit a village council member, who is also employed with a college or university, from participating in any matter before council in which the college or university has some indirect or indefinite interest, or any matter in which all or most residents or businesses in the village, including the college or university, have an interest.

2007-02 (1) A student serving as a member of the board of trustees of a state university, pursuant to a provision of the Ohio Revised Code, is not a "public official or employee" subject to the restrictions in Chapter 102., or a "public official," subject to the restrictions in Section 2921.42, of the Revised Code;

(2) A student trustee of a state university is not prohibited from also serving as an officer of the university student government body.

2007-03 (1) R.C. 102.04(A) prohibits a member of a state board or commission from receiving compensation for services he or she performs personally on a matter that is before the board or commission on which he or she serves;

(2) R.C. 102.04(A) prohibits a member of a state board of commission from receiving compensation for services he or she performs personally on a matter that is before a state agency other than the one he or she serves unless, before rendering the services, he or she files the statement described in the exception;

(3) In the statement, the board or commission member must declare that he or she will not participate in any matter before the board or commission involving any official or employee of the state agency where the matter on which he or she personally renders services is pending;

(4) This restriction applies to all state officials or employees, including all members of state boards and commissions. A comparable restriction applies to local public officials and employees.

2008-01 (1) Division (A)(1) of Section 2921.43 of the Revised Code prohibits a public servant from soliciting or accepting, and prohibits any person from promising or giving a public servant, except as allowed by law, any compensation: (a) to perform his or her official duties; (b) to perform any other act or service in his or her public capacity; (c) for the general performance of the duties of his or her public office or public employment; or (d) as a supplement to his or her public compensation;

(2) R.C. 2921.43(A)(1) prohibits a school district employee who is compensated by the district to provide coaching or other services in connection with any school-related activity from also accepting payment for the same services from any other person, including a booster group or other school support organization;

(3) R.C. 2921.43(A)(1) prohibits any person, including a booster group or school support organization, from promising or giving compensation to a school district employee for coaching or other services provided by the employee in connection with any school-related activity;

(4) The Ethics Law and related statutes do not prohibit any person, including a private organization that supports activities of the school, from making a voluntary gift or endowment to the district for use as the district chooses, subject to limitations in the Ethics Law discussed in this opinion;

(5) The conclusions in this opinion apply to officials and employees of all city, local, exempted village, joint vocational, municipal, and cooperative education school districts and educational service centers, and any community school operating pursuant to a contract as described in Section 3314.03 of the Revised Code.

2008-02 (1) The Ohio Ethics Law and related statutes do not prohibit a public official or employee from seeking or accepting employment with a collaborative organization, provided that: (a) there is no conflict between the interests of the organization and its affiliates and the public duties of the official or employee; and (b) the official or employee does not use his or her public position in any improper way to secure the employment opportunity or to benefit the collaborative organization or its affiliates;

(2) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a city council member who is an employee of a collaborative organization from participating in any matters before council that definitely and directly affect the interests of the organization and its affiliates;

(3) A council member who is an employee of a collaborative organization is not prohibited from participating in matters before council that affect the individual members of the organization, unless the organization or its affiliates also have a definite and direct interest in, have taken a position on, or are representing the members on the matter;

(4) A council member who is an employee of a collaborative organization is subject to other provisions of the Ethics Law and related statutes, including R.C. 102.03(A)(1) and (B), 102.04(C), and 2921.42(A)(1) and (4), as explained in this opinion;

(5) For purposes of this opinion, "collaborative organization" means a union, chamber of commerce, and other trade or professional association that represent the collective interests of individuals, for-profit organizations, or non-profit organizations; "affiliate" means a sub-unit of the collaborative organization; and "member" means an individual, company, or association whose interests are represented by the collaborative organization.

2008-03 (1) Division (A)(1) of Section 2921.42 of the Ohio Revised Code prohibits a public official from authorizing, or using his or her position to secure authorization of, a contract for or the employment of a “member of the public official’s family;”

(2) Because a step-child is a “member of [a] public official’s family,” regardless of whether the step-child lives in the same household with the official, R.C. 2921.42(A)(1) prohibits a public official from authorizing or using his or her position to secure authorization of any contract, including employment, for his or her step-child;

(3) Divisions (D) and (E) of Section 102.03 of the Ohio Revised Code prohibit a public official from soliciting, or using his or her position to secure, a definite and direct financial benefit or detriment for his or her step-child.

2008-04 (1) Division (A)(4) of Section 2921.42 of the Revised Code prohibits a teacher or other school district employee from selling supplemental education services (SES) to the district unless he or she can meet the four-part exception in R.C. 2921.42(C);

(2) One requirement of the exception is that the district employee is providing SES to the district at a lower cost than any other SES provider;

(3) The Ethics Law and related statutes do not require the district to purchase SES from a teacher or other school district employee even if the teacher or employee can show that he or she meets all of the requirements in the exception;

(4) The conclusions in this opinion apply to teachers and school district employees who do not exercise, or have the authority to exercise, administrative or supervisory authority regarding contracts or programs of the district.  School board members, superintendents, treasurers, and other administrators who are exercising or are empowered to exercise such authority are subject to these restrictions and also to additional restrictions.

2009-01 (1) Division (E) of Section 102.03 of the Revised Code prohibits a public official or employee from accepting, and Division (F) prohibits any person from promising or giving a public official or employee, anything of value, including a gift, if it is of such a character as to manifest a substantial and improper influence upon the official or employee with respect to the performance of his or her public duties;

(2) R.C. 102.03(E) does not prohibit a public official or employee from accepting a gift or other thing of value from his or her spouse, which the spouse received from his or her employer, provided that the employer did not give the item to the official’s spouse for the purpose of providing it to the official, and subject to the factors discussed in this opinion;

(3) R.C. 102.03(F) does not prohibit a company from giving anything of value to an employee, which the employee may share with his or her spouse who is a public official or employee, provided that the company is not giving the item to its employee for the purpose of providing it to the public official or employee, and subject to the factors discussed in this opinion;

(4) A public official or employee who files a financial disclosure statement pursuant to Division (A) of Section 102.02 is not required to disclose his or her spouse as the source of a gift, unless the gift was given to the spouse on the condition that he or she will provide it to the official or employee.

2009-02 (1) Division (A)(1) of Section 2921.42 of the Revised Code prohibits a public official from authorizing a public contract if a family member has a definite and direct interest in the contract;

(2) R.C. 2921.42(A)(1) prohibits a public official from authorizing a contract to the employer of a family member if the official’s family member has a definite and direct interest in the contract as an employee of the company;

(3) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official or employee from participating in any matter before the public agency that affects the interests of the employer of a family member if the family member will receive anything of value as a result of the agency’s decision on the matter;

(4) Neither R.C. 2921.42(A)(1) nor 102.03(D) and (E) prohibit a public official or employee from participating in any matter before his or her public agency that affects an employer of a family member if the family member is an “ordinary employee,” as defined in this opinion, and does not have a personal interest in or receive anything of value from the regulatory matter.

2009-03 (1) Division (E) of Section 102.03 of the Revised Code prohibits a public official from soliciting or accepting anything of value that is of such as character as to have a substantial and improper influence on the official with respect to the performance of his or her duties;

(2) A gift of substantial value from an “improper source” (a person or entity that that is doing or seeking to do business with, interested in matters before, or regulated by the public agency a public official serves) is of such as character as to have a substantial and improper influence on the official who receives it;

(3) R.C. 102.03(E) does not prohibit a public official from accepting a ticket to a charitable fundraising dinner where the meal is of an ordinary and routine character and no other thing of value is provided at the event, even if the ticket is provided by an “improper source”;

(4) Even though the public official is not prohibited from attending the event, he or she may choose to reimburse the source an amount equal to the value of the meal.

2009-04 (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official from soliciting, or using his or her public position to secure, anything of value that is of such a character as to manifest a substantial and improper influence on the official with respect to the performance of his or her duties;

(2) R.C. 102.03(D) and (E) do not prohibit a public official from seeking or accepting a benefit or pursuing a remedy offered by the public agency he or she serves, provided that the official meets the qualifications for the benefit or remedy and that it is available to any citizen in the community who meets the qualifications, as further described in the opinion;

(3) R.C. 102.03(D) and (E) prohibit a public official from soliciting or accepting any benefits that are greater than those offered by the public agency he or she serves to other citizens in the community, and from using his or her position to secure more favorable treatment from officials or employees in the agency, as further described in the opinion.

2009-5 (1) Division (A)(3) of Section 2921.42 of the Revised Code prohibits a public official from occupying a position of profit in the prosecution of a public contract that he or she authorized or that was authorized by a public board on which he or she serves unless the contract was competitively bid and awarded to the lowest and best bidder;

(2) A public official who owns less than one percent of the outstanding stock of a publicly traded corporation and has no other connection to the corporation does not occupy a position of profit in the prosecution of the corporation’s contracts with the public agency he or she serves unless the corporation exists solely or largely to serve the agency and a majority of its contracts are with the agency, as described herein (Advisory Opinion No. 93-001, syllabus paragraph 4 and related analysis on pages 9 through 11, concluding that a stockholder occupies a position of profit in the corporation’s contracts regardless of the size of the stockholding, overruled).

2009-6 (1) For purposes of the Ethics Law and statutes that govern conflicts of interest in public contracting, purchases and payments made pursuant to the federal Stimulus Bill (American Recovery and Reinvestment Act) are public contracts and constitute substantial things of value;

(2) Public contract restrictions contained in Revised Code Section 2921.42 and conflict of interest restrictions contained in Divisions (D) and (E) of Revised Code Section 102.03 prohibit public officials and employees from authorizing, using their positions to secure the authorization of, or otherwise participating in, any allocation of Stimulus Bill funds to the officials or employees or their family members or business associates.