Attorneys

Understanding Ohio Ethics Law

Karl H. Schneider
1/31/25

Three People in Working in OfficeIntroduction

In part the result of the Watergate scandal that led to President Richard Nixon’s resignation, Ohio enacted a comprehensive ethics law that created the Ohio Ethics Commission and a set of ethical standards that apply to State and local public officials and public employees (referred to as officials and employees in this article).  The law’s purpose is to promote public confidence in government operations.  Having dealt with many Commission investigations, I want to help you understand the law and the agency that enforces those laws.  In a nutshell, the law:

Ohio Ethics Commission

The Ohio Ethics Commission is comprised of six members appointed by the Governor and confirmed by the Ohio Senate.  Since the ethics law contains criminal prohibitions, the Commission has the power to refer matters for criminal prosecution.  Until concluded the Commission’s investigations are confidential. Most violations are first-degree misdemeanors though several carry felony penalties.  Acceptance of things of value that could improperly influence an official or employee also can be the basis for bringing bribery charges. The Commission has discretionary authority to enter into settlement agreements with those it has investigated.   

Conflicts of Interest

Public officials and employees are prohibited from soliciting or accepting gifts or other things of value that might have a substantial and improper influence on the official or employee. The prohibition covers gifts or other things of value by anyone who is doing business with the official’s or employee’s agency, who is regulated by that agency or who is interested in matters before the agency. Gifts, travel expenses, substantial meals or event tickets are often the subject of Commission investigations. While diminutive things of value (those that are notably small) are not apt to improperly influence the official or employee, it is still wise for the official or employee to error on the side of caution.  The law also prohibits the official or employee from using his or her public position to get a benefit for (or avoid a detriment to) the official or employee, or that person’s family members or business associates.

Post Employment Prohibitions

Other provisions of the law preclude former public officials and employees from representing persons or businesses in matters before the agency, when that official or employee had personally participated in the matter while at the agency. This is referred to as Ohio’s Revolving Door statute. The preclusion applies for one year after official’s or employee’s departure. There are certain categories of public officials and employees where a two-year prohibition is imposed.

This area of the law also creates an obligation on the official or employee to maintain confidential information obtained during  employment with the agency.  This prohibition applies to officials and employees who had access to such confidential information during his or her employment. The obligation to maintain such information can be waived by the agency.

Additional Provisions

Public Contracts:  The law also criminalizes obtaining unlawful interests in public contracts. Such instances occur when an official or employee has an interest in a vendor of goods or services and the agency transacts with such vendor.  This provision extends to family members and business associates.  For good reason, public officials and employees are prohibited from profiting from public contracts.  The exception here is for goods or services that were competitively bid.

Compensation from Other Sources:  The law prohibits officials and employees who are required to make financial disclosures, from receiving supplemental compensation over and above compensation from that official’s or employee’s agency.  This would include honorariums or other things of value. 

Financial Disclosures:  Finally, and depending on the category, certain public officials and employees are required to file annual financial disclosures with the Commission.               

Conclusion

Ohio's ethics law serves as a crucial framework for promoting public confidence in government operations. It aims to prevent conflicts of interest, ensure transparency through financial disclosures and maintain the integrity of public service. Understanding and adhering to these ethical guidelines is essential for fostering a trustworthy and accountable government.             

Should you have any questions pertaining to Ohio ethics law, please contact Mr. Schneider.

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    Disclaimer: This alert has been prepared by Eastman & Smith Ltd. for informational purposes only and should not be considered legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney/client relationship.