Advisory Opinions

JLEC may render two types of opinions in response to questions relating to ethics, conflict of interest, and financial disclosure: Advisory Opinions and Written opinions. An Advisory opinion is publicly sought and the person to whom the opinion is directed or who is similarly situated may reasonably rely on the opinion and shall be immune from criminal prosecutions, civil suits, or actions for removal from his or her office or position of employment under the ethics laws and related statutes based on the facts and circumstances covered in the opinion. All Advisory opinions are a public record. A Written opinion from JLEC is privately sought and does not have the legal effect of an Advisory opinion; it provides no immunity. A Written opinion is not a public record. The person to whom the Written opinion is issued may request JLEC to convert the Written opinion to an Advisory opinion. Upon approval of a majority of the Committee, the Written opinion is issued as an Advisory opinion and has the same legal effect as if publicly sought originally.

Categorical Listing of Advisory Opinions | Advisory Opinions Listed By Category

1995 | 1996 | 1997 | 1998 | 1999 | 2000 | 2007 | 2009 | 2012 | 2013 | 2014 | 2015 | 2016
Note:  Advisory Opinions are only issued to members of, candidates for, and employees of the Ohio General Assembly.

 

The Joint Legislative Ethics Committee (JLEC) issues Advisory Opinions in response to questions relating to ethics, conflicts of interest, and financial disclosure. JLEC serves as an advisory body to members and employees of, and candidates for, the General Assembly and employees of the Legislative Service Commission. Advisory Opinions serve to interpret the law and may be especially useful to individuals who are considering an activity which they suspect may involve a conflict of interest or other violation. When an Advisory Opinion is sought and rendered by JLEC, the person to whom the opinion is directed, and anyone similarly situated, may rely on that opinion and shall be provided immunity from criminal, civil, or removal of office actions. Below are the Advisory Opinions released by the Joint Legislative Ethics Committee. They are in PDF format and can be viewed with the free Adobe Acrobat Reader.

 

1995 Advisory Opinions

 95-001 (1) A member of the General Assembly is not prohibited under Section 10(B) of the Legislative Code of Ethics from privately seeking funds for the sole use and benefit of a national organization for which the member is the president;

(2) R.C. 102.03(H) does not prohibit a member of the General Assembly from accepting actual travel expenses where the member has participated in a panel, seminar, or speaking engagement;

(3) R.C. 102.02(A)(8) requires a member to identify the source and amount of expenses received for travel unless the expenses were for attendance at a national meeting of an organization to which a state agency pays dues. [to top]


95-002 (1) Neither division (A) nor (B) of Section 102.04 of the Revised Code prohibit a member of the General Assembly from accepting employment with a state college or university;

(2) Division (D) of Section 102.03 of the Revised Code prohibits a member of the General Assembly who has accepted a position with a college or university from using his position as a member of the General Assembly to secure anything of value of the college or university, or for himself in the performance of his duties for the college or university;

(3) Division (D) of Section 102.03 of the Revised Code prohibits a member of the General Assembly from using the authority or influence of his office to secure for himself employment with a college or university. [to top]


95-003 (1) A staff member of the General Assembly who is required to file a Financial Disclosure Statement pursuant to R.C. 102.02 and is married to a legislative agent is not required to disclose any gifts personally paid for by his spouse on his Financial Disclosure Statement.

(2) The spouse of a staff member who is required to file a Financial Disclosure Statement is not required to disclose on the Legislative Agent Updated Registration Statement gifts given to the staff member.

(3) Meals consumed in the home or at a restaurant by the staff member and spouse only and paid for by their joint account are not “related to” the staff member’s position as a public employee and therefore do not count towards the $100 threshold found in R.C. 102.02(A)(9).

(4) Meals for the staff member paid for by the legislative agent spouse on behalf of a client are attributable to the staff member’s $100 aggregation amount for purposes of R.C. 102.02(A)(9).

(5) A meal at which a member or employee of the General Assembly or any other public official or employee that falls within Chapter 101. or 121. are present and is paid for by the legislative agent spouse on behalf of a client is attributable to the staff member’s $100 aggregation amount for purposes of R.C. 102.02(A)(9).

(6) R.C. 102.02(A)(8) requires a staff member to disclose expenses incurred for travel in connection with the person’s official duties. Travel expenses paid to the staff member by the spouse on behalf of a client or the employer must be disclosed by the staff member.

(7) R.C. 102.02(A)(3) requires identification of the name of every corporation in which the person filing the statement or any other person for his use or benefit had during the preceding year an investment of over $1000 at fair market value. [to top]


95-004 The value of each racing pass distributed by the Ohio State Racing Commission exceeds seventy-five dollars and therefore the Ohio State Racing Commission must be disclosed as a source on the member’s Financial Disclosure Statement filed pursuant to R.C. 102.02. [to top]


95-005 (1) Neither division (A) nor (B) of Section 102.04 of the Revised Code prohibit a member of the General Assembly from accepting employment as an assistant coach with a state college or university;

(2) Division (D) of Section 102.03 of the Revised Code prohibits a member of the General Assembly who has accepted a position with a college or university from using his position as a member of the General Assembly to secure anything of value of the college or university, or for himself in the performance of his duties for the college or university;

(3) Division (D) of Section 102.03 of the Revised Code prohibits a member of the General Assembly from using the authority or influence of his office to secure for himself employment with a college or university. [to top]


95-006 (1) A member of the General Assembly is not prohibited, pursuant to Chapter 102., from being associated with a law firm that is retained by the state of Ohio as special counsel;

(2) R.C. 102.03(A)(1) limits a member’s ability to represent clients in certain matters the member has personally participated in through the member’s duties as a member of the General Assembly;

(3) R.C. 102.03(B) prohibits a member of the General Assembly from disclosing or using, without appropriate authorization, any confidential information obtained as a member of the General Assembly during the conduct of the business of the law firm;

(4) R.C. 102.03(D) prohibits a member or employee of the General Assembly from using his official authority or influence to secure anything of value, either for himself or for any other party, if the thing of value is of such a character as to manifest a substantial and improper influence upon him with respect to his official duties by impairing his objectivity and independence of judgment as a public official or employer;

(5) R.C. 102.04(A) prohibits a person who is elected or appointed to an office of, or employed by, any department or instrumentality of the state, from receiving, directly or indirectly, compensation, except from the agency with which he serves, for personally rendering any service in any matter before the General Assembly or any other governmental entity of the state;

(6) R.C. 2921.42 (A)(1) prohibits a member of the General Assembly from authorizing, or using the authority or influence of his office, to secure authorization of a public contract in which he has a definite and direct pecuniary or fiduciary interest;

(7) R.C. 2921.42(A)(4) prohibits a member of the General Assembly from having an interest in a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which he is connected. [to top]


95-007 (1) R.C. 102.02(A)(10) requires a member of the General Assembly to disclose all of the non-disputed information contained in an Updated Registration Statement received from a legislative agent or the employer of a legislative agent;

(2) Under R.C. 102.02(A)(8), the travel expenses of a member of the General Assembly to meetings or conventions of a national or state organization to which the General Assembly pays dues, which are related to, or associated with, the member’s position, are not required to be disclosed on the member’s Financial Disclosure Statement;

(3) Under R.C. 102.02(A)(9), the payment of expenses for meals incurred at meetings or conventions of a national or state organization to which the General Assembly pays dues, which are related to, or associated with, the member’s position, are not required to be disclosed on the member’s Financial Disclosure Statement;

(4) Where a member of the General Assembly is attending meetings or conventions of a national or state organization, events or activities which are hosted by entities, other than the national or state organization to which dues are paid, must be reported as gifts if the value exceeds $75 or $25 if from a legislative agent. [to top]


95-008 (1) R.C. 102.02(A)(7) of the Revised Code requires a member or employee of the General Assembly who files a financial disclosure statement to report as the source of a gift any party who has provided a gift to the member or employee only when the value of the gift received exceeds seventy-five dollars or twenty-five dollars if received from a legislative agent; and

(2) A member or employee of the General Assembly who files a financial disclosure statement is not required to disclose the source of a gift exceeding $75 when the source of the gift is a cousin or step-relation. [to top]


95-009 Division (B) of section 102.04 of the Revised Code prohibits a member of the General Assembly from selling, or agreeing to sell, goods or services to the General Assembly or any department, division, institution, instrumentality, board, commission, or bureau of the state, except through competitive bidding. [to top]


95-010 (1) R.C. 102.03(D) and (E) do not prohibit members of the General Assembly from accepting or soliciting theater passes from the National Association of Theater Owners;

(2) If a member of the General Assembly accepts at least one pass, the National Association of Theater Owners must be disclosed on the member’s Financial Disclosure Statement as the source of a gift valued in excess of seventy-five dollars. [to top]


95-011 (1) R.C. 102.03(D) and (E) do not prohibit members of the General Assembly from accepting or soliciting fair passes from the Ohio Fair Managers Association and

(2) If a member of the General Assembly accepts at least one fair pass, the Ohio Fair Managers Association must be disclosed on the member’s Financial Disclosure Statement as the source of a gift valued in excess of seventy-five dollars. [to top]


95-012 (1) There are no provisions contained in Chapter 102., or otherwise, prohibiting a member of the General Assembly from using his name in the title of his law firm;

(2) A member of the General Assembly may not represent a client or act in a representative capacity on any matter in which the member personally participated through the member’s duties as a member of the General Assembly; and

(3) A member of the General Assembly is prohibited from personally rendering any service, for compensation, in any matter before the General Assembly or any other governmental entity of the state, excluding the courts. [to top]


95-013 (1) A member of the General Assembly, through the member’s Subchapter S corporation, is not prohibited from selling services to a private corporation; and

(2) A contract for the performance of services does not fall within the definition of financial transaction; therefore, a member of the General Assembly is not a business associate of an employer of a legislative agent where the member’s company and the employer have entered into a service contract; and

(3) Pursuant to R.C. 102.031(B), a member of the General Assembly is not prohibited from voting on any legislation that is being actively advocated by an employer of a legislative agent if the member is not an employee, business associate, or in a position which involves a substantial and material exercise of administrative discretion in the formulation of public policy. [to top]


95-014 (1) A member of the General Assembly is not prohibited from serving on the board of directors, as treasurer, or as chairman of a committee for a company which receives Medicaid reimbursements;

(2) A member of the General Assembly, as a compensated board member, is prohibited from rendering any service personally before state entities;

(3) A member of the General Assembly should avoid taking any actions that would result in their membership in the General Assembly being used to secure anything of value or the promise of anything of value in violation of R.C. 102.03(D); and

(4) R.C. 102.03(D) prohibits a public official or employee from participating in his official capacity in matters that have a definite and particular effect on his personal pecuniary interests where the interests could impair the official’s objectivity. [to top]


95-015 (1) The member is not prohibited from contracting to receive compensation for obtaining a real estate license assuming the member does not use his authority or influence to procure a benefit that is different from other real estate agents similarly situated and

(2) Payment received for the purpose of obtaining a real estate license, where the employment contract specifically states the payment is compensation is income for purposes of R.C. 102.02(A)(2)(a). [to top]


95-016 (1) A member of the General Assembly is not prohibited from being associated with a law firm that has members of the law firm who are registered legislative agents or employers of legislative agents;

(2) Pursuant to R.C. 102.031(B), a member of the General Assembly is not prohibited from voting on any legislation that is being actively advocated by a legislative agent or an employer of a legislative agent if the member is not an employee, business associate, or in a position which involves a substantial and material exercise of administrative discretion in the formulation of public policy of the law firm. [to top]


95-017 (1) A member of the General Assembly is not prohibited from contracting with, or selling services on behalf of, a telecommunications company as an independent contractor and

(2) Division (B) of section 102.04 of the Revised Code prohibits a member of the General Assembly from selling, or agreeing to sell, goods or services to the General Assembly or any department, division, institution, instrumentality, board, commission, or bureau of the state, except through competitive bidding. [to top]


95-018 (1) Pursuant to R.C. 102.03(A)(4), a member or employee of the General Assembly who concludes his or her employment or service with the General Assembly after December 31, 1995, is prohibited from representing a person before the General Assembly, any committee of the General Assembly, or the controlling board on the proposal, consideration, or enactment of statutes, resolutions, or constitutional amendments for the period of one year after separation from the General Assembly;

(2) For purposes of R.C. 102.03(A)(4), a member or employee of the General Assembly who takes a leave of absence has not concluded his or her service or employment with the General Assembly; and

(3) A member or employee of the General Assembly is not prohibited from representing a state agency or political subdivision of the state before the General Assembly, any committee of the General Assembly, or the controlling board on the proposal, consideration, or enactment of statutes, resolutions, or constitutional amendments after the conclusion of the member or employees service or employment with the General Assembly. [to top]


 

1996 Advisory Opinions

96-001 (1) A member of the General Assembly, through the member’s corporation, is not prohibited from selling services to a public utility company;

(2) A contract for the performance of services does not fall within the definition of financial transaction; therefore, a member of the General Assembly is not a business associate of an employer of a legislative agent where the member’s company and the employer have entered into a service contract; and

(3) Pursuant to R.C. 102.031(B), a member of the General Assembly is not prohibited from voting on any legislation that is being actively advocated by an employer of a legislative agent if the member is not an employee, business associate, or in a position which involves a substantial and material exercise of administrative discretion in the formulation of public policy. [to top]


96-002 (1) A law firm, where a member of the General Assembly is the sole proprietor, is not prohibited from entering into a contractual agreement with another private entity for the performance of services;

(2) A member of the General Assembly is not prohibited from receiving compensation, through his law firm, for the performance of services where the services are not the giving of a speech, unless the speech is customarily provided in connection with the practice of a bona fide business, if that business initially began before the member conducting that business was elected or appointed to his office;

(3) A member of the General Assembly is not receiving an honorarium in violation of R.C. 102.03(H) where the member is a non-compensated trustee and president of a foundation which sponsors a tuition-required seminar at which the member is a speaker. [to top]


96-003 (1) R.C. 102.03(A)(4) does not prohibit a former member or employee of the General Assembly from being employed by an entity that represents persons before the General Assembly;

(2) R.C. 102.03(A)(4) does not prohibit the new employer of a former member or employee from continuing to represent persons before the General Assembly;

(3) The term “representation” is broadly defined for purposes of R.C. 102.03(A)(4) and includes, although not limited to, appearances at formal hearings; informal lobbying of members and employees of the General Assembly; written documents including formal and informal documents, letters and notes; and contacts made by other persons “on behalf of” the former member or employee; and

(4) R.C. 102.03(A)(4) does not prohibit the representation of persons before the General Assembly on non-legislative matters. [to top]


96-004 A member is not prohibited, pursuant to R.C. 102.03(H), from receiving compensation for speaking or attending a meeting where the speech or attendance is incidental to the member’s bona fide employment or association. [to top]


96-005 (1) A member of the General Assembly is not prohibited from serving as a non-compensated member of a Board of Trustees for a community non-profit organization;

(2) A member of the General Assembly is prohibited from using their membership in the General Assembly to secure a position as a Board member; and

(3) A member of the General Assembly is prohibited from using their membership in the General Assembly to secure anything of value for an organization where the member serves on the Board of Trustees. [to top]


96-006 (1) A member may accept the mileage allowance as provided for in R.C. 101.27 as part of the member’s legislative compensation;

(2) A member’s mileage allowance may not be increased during his or her term of office;

(3) A member may accept a mileage allowance after sharing a ride to Columbus or when the member is already present in Columbus;

(4) A member may accept a mileage allowance for traveling to Columbus to conduct legislative business other than attendance at a floor session; and

(5) A member may not accept a mileage allowance for a week where the member, unless excused, is not present in Columbus. [to top]


 

1997 Advisory Opinions

97-001 (1) A former member or employee of the General Assembly, for twelve months following their separation from the General Assembly, is prohibited from representing, or acting in a representative capacity for, a person before an executive agency on a matter that is before the General Assembly, any committee of the General Assembly, or the Controlling Board;

(2) A former member or employee is not prohibited, during the first twelve months after separating from the General Assembly, from representing, or acting in a representative capacity for, a person before an executive agency where the subject matter of the representation is not a matter that is before the General Assembly, any committee of the General Assembly, or the Controlling Board;

(3) A state institution of higher education, as defined in R.C. 3345.011, is not a state agency as that term is used in R.C. 102.03(A)(4); and

(4) A former member or employee of the General Assembly may not, within the first twelve months after separating from the General Assembly, represent, or act in a representative capacity for, a state institution of higher education on any matter before the General Assembly, any committee of the General Assembly, or the Controlling Board. [to top]


97-002 (1) Pursuant to R.C. 2921.42(A)(2), a member of the General Assembly is prohibited from authorizing or employing the authority of his or her office to secure the investment of public funds in any bond he or she, or member of his or her family has an interest; and

(2) A member of the General Assembly is not prohibited from purchasing bonds issued by a state university or college. [to top]


97-003 The payment of expenses for meals and other food and beverages does not accrue toward the $100 threshold found in R.C. 102.02(A)(9) where all members of the General Assembly or all members of one House of the General Assembly have been invited to a dinner, party, or other similar function. [to top]


97-004 R.C. 2921.42 does not prohibit a member of the General Assembly from being associated with a private entity that enters into a contract with another state agency provided the member is not connected with that state agency. [to top]


97-005 Under the facts presented herein, the requesting member is not prohibited by Section 4 of Article II of the Ohio Constitution from being appointed as a member of the Ohio Industrial Commission. [to top]


97-006 (1) For purposes of R.C. 102.031.(C)(1), travel is defined as transportation, which includes, but is not limited to, airplane, train, common carrier, and automobile travel;

(2) For purposes of R.C. 102.031.(C)(1), travel does not include trips by automobile where the distance traveled is less than 50 miles, one way;

(3) For purposes of R.C. 102.031.(C)(1), lodging is defined as a stay of one or more nights in either a commercial establishment or a noncommercial private dwelling;

(4) For purposes of R.C. 102.031.(C)(1), it is not considered acceptance of travel or lodging if a member or employee of the General Assembly reimburses the Legislative Agent within seven days of the Legislative Agent making the expenditure for the transportation or lodging. [to top]


97-007 (1) R.C. 102.03(D) and (E) prohibit a member or employee of the General Assembly from accepting, soliciting, or using the authority or influence of his or her position to secure for personal travel, a free or discounted frequent flyer airline ticket or other benefit from an airline if the member or employee has obtained the ticket or other benefit from the purchase of airline tickets by the General Assembly for use in official travel;

(2) R.C. 2921.42(A)(4) prohibits a member or employee of the General Assembly from receiving any personal profit or benefit, including free or discounted frequent flyer tickets, where the profit or benefit is from the purchase of a ticket by the General Assembly for state travel;

(3) R.C. 2921.43(A) prohibits a member or employee of the General Assembly from accepting, for personal use, free or discounted airline tickets or other benefits received from frequent flyer miles accrued while engaged in state travel. [to top]


 

1998 Advisory Opinions

98-001 (1) R.C. 101.26 does not prohibit a member of the General Assembly from being employed by a state institution of higher education as a professor;

(2) R.C. 102.03(H) does not prohibit a member of the General Assembly from receiving compensation for classroom teaching at institutions of higher education;

(3) R.C. 102.031(B) does not prohibit a member of the General Assembly who is employed by an institution of higher education, as a professor, from voting on legislation that is being actively advocated by the college or university.[to top]


98-002 (1) Under the facts presented here, R.C. 102.03(D), (E), and (F) prohibit a member of the General Assembly from accepting donations to a legal defense fund where the donor is doing or seeking to do business with, or regulated by, the General Assembly;

(2) Under the facts presented here, R.C. 102.031(C) prohibits a member of the General Assembly from accepting any monetary donation from a Legislative Agent; and

(3) Under the facts presented here, Section 10(B) of the Legislative Code of Ethics prohibits a member of the General Assembly from conducting a public or private fundraising event that seeks to provide money for the member’s personal use.[to top]


98-003 (1) A group of members of the General Assembly may employ an individual to perform services or act as a consultant to the members where the services provided do not fall within the purview of R.C. 101.70 et seq; and

(2) A group of members of the General Assembly may not engage an individual to act as a legislative agent for the members and may not be the employer of a legislative agent.[to top]


 

1999 Advisory Opinions

99-001 (1) A member of the General Assembly is not prohibited from prosecuting misdemeanor cases or providing legal advice and research for a county court; and

(2) A member of the General Assembly is not prohibited from accepting criminal assignments from a county court; and

(3) A member of the General Assembly is not prohibited from being retained by a judicial corrections board established pursuant to R.C. 2301.51; and

(4) A member of the General Assembly is prohibited from being appointed as special counsel to the Attorney General where the member is compensated. [to top]


99-002 (1) R.C. 102.03(D) does not prohibit a member of the General Assembly from voting on legislation which specifically grants money to a company in which the member owns less than five percent of the issued and outstanding stock of the company; and

(2) R.C. 102.03(D) does not prohibit a member of the General Assembly from voting on legislation where the legislation does not have a definite and particular effect on the member’s personal pecuniary interests.[to top]


 

2000 Advisory Opinions

00-001 (1) R.C. 2921.42 (A)(1) prohibits a member or employee of the General Assembly from authorizing, or using the authority or influence of his or her office, to secure authorization of a public contract in which he or she has a definite and direct pecuniary or fiduciary interest;

(2) R.C. 2921.42(A)(4) prohibits a member or employee of the General Assembly from having an interest in a public contract entered into by or for the use of the legislative agency with which he or she is connected;

(3) An employee of the General Assembly is prohibited from having an interest in a public contract entered into by or for the use of the legislative agency with which he or she is not connected where his or her own legislative agency provides those same services to that agency; and

(4) Division (B) of section 102.04 of the Revised Code prohibits a member or employee of the General Assembly from selling, or agreeing to sell, goods or services to the General Assembly or any department, division, institution, instrumentality, board, commission, or bureau of the state, except through competitive bidding. [to top]


00-002 (1) A ticket to a political fundraiser given to a member or employee of the General Assembly by a person other than the candidate on whose behalf the fundraiser is being held is a gift pursuant to R.C. 102.02(A)(7);

(2) A ticket to a political fundraiser given to a member or employee of the General Assembly by the candidate on whose behalf the fundraiser is being held is not a gift pursuant to R.C. 102.02(A)(7);

(3) A ticket to a political fundraiser given to a member or employee of the General Assembly by their caucus is not a gift pursuant to R.C. 102.02(A)(7);

(4) A ticket to a non-political fundraiser where the source is a third party is a gift pursuant to R.C. 102.02(A)(7); and

(5) A ticket to a non-political fundraiser where the source is the entity holding the event is not a gift pursuant to R.C. 102.02(A)(7). [to top]


00-003 R.C. 102.03 (D) does not prohibit members of the General Assembly from participating in the House the Assembly Built project. [to top]


00-004 The mileage rate set forth in amended R.C. 101.27 is not an in-term increase in a member’s compensation. [to top]


00-005 Upon separation from the General Assembly, members and employees of the General Assembly may retain all frequent flyer miles accrued while travelling on state business. [to top]


00-006 (1) R.C. 102.03(D) and (E) do not prohibit a member of the General Assembly from voting on a bill to increase the compensation of a position to which the member has been elected or re-elected, but has not yet taken office;

(2) R.C. 102.03(D) and (E) do not prohibit a member of the General Assembly from voting on a bill to increase the compensation of a position to which a family member has been elected, re-elected, appointed, or hired; and

(3) R.C. 2921.42 does not prohibit a member of the General Assembly from voting on a bill to increase the compensation of a position to which a family member has been elected, re-elected, appointed, or hired where an entire class of employees/officials has received an increase. [to top]


 

2007 Advisory Opinions

07-001 (1) A Member of the General Assembly may remain employed by a state institution of higher education (University) as both a professor and the Director of the University’s Columbus Program in Intergovernmental Issues (Program), while a Member of the Ohio House of Representatives.

(2) The Member’s employment with a University does not require the Member to abstain from voting on certain legislation, except where the legislation will provide the Member with a definite and particular benefit.

(3) The Member may continue to conduct Program classes in Statehouse rooms, so long as the rooms are available to the public on the same terms.

(4) The Member may use public resources in furtherance of the Program, so long as those resources, such as public speakers and public meeting rooms, are available to the general public and the Member does not use the resources of the Member’s office to obtain access to the public resources. A Member may not use legislative staff, equipment owned by the House of Representatives, his title, legislative office space, etc., in furtherance of his outside employment.[to top]


 

2009 Advisory Opinions

09-001 (1) A Member of the General Assembly may access the Ohio General Assembly – Public Wireless Internet Network, for personal use, so long as they do so in the same manner as members of the general public; and without utilizing any state resources, as outlined in this opinion.

(2) Member’s choosing to access the Public Wireless Internet Network must strictly adhere to the Ohio General Assembly – Public Wireless Access Acceptable Use Policy.

(3) The guidance outlined in this opinion does not supersede any policies set forth by a Member’s respective chamber or caucus.[to top]


 

2012 Advisory Opinions

12-001 R.C. §102.03(D) prohibits a Member or employee of the General Assembly from using or authorizing the use of the authority or influence of office or employment to promote or endorse an individual as a lobbyist registered with the Office of the Legislative Inspector General in an advertisement or other promotional item. [to top]


12-002 (1) R.C.§102.03(D) prohibits a Member of the General Assembly from voting on legislation that has a definite and particular effect on the Member’s personal pecuniary interests.

(2) A Member of the General Assembly is not a “business associate” for purposes of R.C. §102.031(B) where both the Member and the legislative agent have an ownership interest in a limited liability partnership (“LLP”) if (1) the Member maintains an ownership interest in the LLP of five percent or less; (2) the LLP is not the employer of a legislative agent as defined under R.C. §101.70 and; (3) the primary purpose of the LLP is not to advocate legislation.

(3) Pursuant to R.C. §102.04(A), a Member of the General Assembly is prohibited from personally rendering any service, for compensation, in any matter before the General Assembly or any other governmental entity of the state, excluding the courts. [to top]


 

2013 Advisory Opinions

None Issued [to top]


 

2014 Advisory Opinions

14-001 R.C. 102.03 does not prohibit a member from earning professional continuing education credits for attending legislative sessions and committee meetings. Such sessions and meetings are open and accessible to the general public and free to attend. So long as all persons wishing to receive professional continuing education credits from an organization for attending session and committee meetings are able to do so, members are not prohibited from earning credits in this manner.

14-002 Official travel provided in a vehicle owned by a state agency or institution of higher education need not be disclosed on a member’s financial disclosure statement or an employer of a legislative agent’s activity and expenditure report.

14-003 For purposes of financial and lobbying disclosure, the value of a charitable fundraiser ticket provided by a third party is the amount not tax-deductible. [to top]


 

2015 Advisory Opinions

15-001 (1) R.C. 102.04(B) does not prohibit a member of the general assembly from receiving compensation for providing licensed medical services to a state agency.

(2) R.C. 102.04(A) prohibits members of the general assembly from receiving compensation for representing, advising, advocating, and consulting on behalf of any person or entity who has a direct or indirect interest at stake in a matter being decided by a state agency. [to top]


 

2016 Advisory Opinions

16-001 (1) R.C. 2921.42(A)(1) prohibits a Member of the General Assembly from authorizing a contract in which the Member has an interest.

(2) R.C. 2921.42(A)(4) prohibits a Member from having an interest in the profits or benefits of a public contract with a government agency with which the Member is connected.

(3) R.C. 2921.42(A)(5) prohibits a public official from having an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law and that involves more than $150.00.

(4) R.C. 102.03 prohibits a Member of the General Assembly or a legislative employee from using the authority or influence of his or her office to secure anything of value or the promise thereof that is of such a character as to manifest a substantial and improper influence upon the Member or employee.

(5) R.C. 102.04(B) prohibits a Member from selling goods to the General Assembly or any state agency, except through competitive bidding.

(6) For the purposes of R.C. 102.04 and 2921.42, the Invitation to Bid, Request for Proposals, and Reverse Auction processes are considered to be competitive bid processes.

(7) R.C. 102.04(A) prohibits a Member from receiving, directly or indirectly, compensation, except from the agency with which he or she serves, for personally rendering any service in any matter before the General Assembly or any other governmental entity of the state, excluding the courts. [to top]