Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Tuesday, December 20, 2005

Ohio Ethics Commission Finally Posts Advisory Opinions on Financial Disclosure and School District Financial Planning

The opinions are dated in June and August of this year, but they were just posted to the Ethics Commission web site. The site does, however, offer the full texts of advisory opinions dating back to 1974.

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.

Later

2 Comments:

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    Groetjes Albert

     
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