102-5-05 Financial disclosure filing requirement; members of state boards and commissions.

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102-5-05         F? ANCIAL DISCLOSURE  FILING REQUIREMENT:  MEMBERS OF STATE BOARDS AND COMMISSIONS.

THIS RULE  IS ADOPTED  PURSUANT  TO DIVISION  (?) OF SECTION

102.02 OF THE REVISED CODE.

(A)              THE COMMISSION, BY VOTE, MAY REQUIRE ANY PUBLIC OFFICIAL OR EMPLOYEE, WHO HOLDS A POSITION THAT INVOLVES A SUBSTANTIAL AND MATERIAL EXERCISE OF ADM?USTRATNE DISCRETION ?J THE FORMULATION  OF PUBLIC POLICY, EXPENDITURE OF PUBLIC. FUNDS, ENFORCEMENT OF LAWS, RULES, AND  REGULATIONS  OF STATE, OR THE EXECUTION OF OTHER PUBLIC TRUSTS,  TO FILE AN ANNUAL FINANCIAL DISCLOSURE  STATEMENT.

(B)              ??EN THE COMMISSION DETERMINES, PURSUANT TO PARAGRAPH (A) OF THIS RULE, THAT THE DULY APPOINTED MEMBERS OR THEIR DESIGNEES OF ANY ENTITY  ARE REQUIRED TO FILE ANNUAL F? ANCIAL DISCLOSURE STATEMENTS, IT WILL ADD THE NAME OF THE ENTITY TO A LIST OF ENTITIES WHOSE MEMBERS ARE REQUIRED TO FILE PURSUANT TO THESE ADMINISTRATIVE RULE, AND THAT IT MA? TAINS IN ITS OFFICE AND ON ITS WEB SITE.

(C)              IF AN ENTITY DESCRIBED ?J PARAGRAPH ffi) OF THIS RULE CHANGES ITS NAME, BUT MEMBERS OF THE ENTITY RETAIN SUBSTANTIALLY THE SAME POWERS, DUTIES, OR RESPONSIBILITIES    UNDER   THE   NEW   NAME,    OR   IF   THE

POWERS,     DUTIES,    OR   RESPONSIBILITIES      ARE    INCREASED UNDER  THE  ENTITY'S NEW  NAME,  THE  COi\?'1ISSION  WILL

NOT  REVIEW  ITS  DECISION  TO  REQUIRE  THE  MEMBERS  TO FILE  FINANCIAL  DISCLOSURE  STATEl\?NTS.

(D)              ELECTED AND APPOINTED MEMBERS OF  A  GOVERNING BOARD OF A JOINT EDUCATIONAL SERVICE CENTER WITH A TOTAL STTJDENT COUNT OF TWELVE THOUSAND OR MORE HOLD POSITIONS THAT E?VOLVE A SUBSTAJ?IAL AND MATERIAL EXERCISE OF  ADMINISTRATIVE  DISCRETION  IN THE FO!Th??ATION OF  PUBLIC POLICY, EXPENDITURE OF PUBLIC    FUNDS,    ENFORCEMENT    OF    LAWS,    RULES,    AND

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102-5-05                                                                                                                   2

REGULATIONS OF STATE, OR THE EXECUTION OF  OTHER PUBLIC TRUSTS. THE COMMISSION REQUIRES THE MEMBERS OR THEIR DESIGNEES OF THESE BOARDS TO FILE AN ANNUAL F? ANCIAL DISCLOSURE  STATEMENT.

(E)               THOSE REQUIRED TO FILE A FINANCIAL DISCLOSURE STATEMENT PURSUANT TO THIS RULE h?JST DO SO IN COMPLIANCE WITH SECTION 102.02 OR  102.022  OF  THE REVISED CODE.

?) THE COMMISSION MUST  SEND  ANY  PERSON  V.?O  IS REQUIRED TO FILE A F?JANCIAL DISCLOSURE STATEJ\.?ENT UNDER THIS RULE WRITTEN NOTICE  OF THIS REQUIREMENT BY THE FIFTEENTH DAY OF FEBRUARY OF EACH YEAR THE FILING IS REQUIRED, UNLESS THE PERSON IS APPO? TED AFTER THE FIFTEENTH DAY OF FEBRUARY.

(G) IF A PERSON WHO IS REQUIRED TO FILE A  F?JANCIAL DISCLOSURE STATEMENT UNDER THIS RULE IS APPOil?TED AFTER THE FIFTEENTH DAY OF FEBRUARY IN A GIVEN CALENDAR  YEAR, THE COMMISSION  WILL SEND THE PERSON

WRITTEN  NOTICE  OF  THIS  REQUIRE!\?.

NT   WITHIN   THIRTY

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DAYS AFTER THE COJ\.??SSION IS NOTIFIED OF THE APPOINTMENT. A PERSON WHO IS REQUIRED TO FILE A FINANCIAL DISCLOSURE STATEMENT UNDER THIS RULE, AND WHO IS APPOINTED AFTER THE FIFTEENTH DAY OF EEBRUARY, SHALL HAVE NINETY DAYS FROM THE DATE OF APPO? TMENT TO FILE THE FINANCIAL DISCLOSURE STATEMENT.

I) ?J SATISFY? G THE WRITTEN NOTICE REQUIREMENT DESCRIBED IN PARAG?PHS ? AND (Q) OF THIS R?E, THE COMMISSION MAY SEND WRITTEN NOTICE OF THE FINANCIAL DISCLOSURE FILil?G REQUIREMENT TO THE ENTITY WITH WHICH THE PERSON IS OR WAS ASSOCIATED DURING THE FINANCIAL DISCLOSURE  STATEMENT FILING PERIOD.

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102-5-05                                                                                                                    3

Replaces: former 102-5-02

Effective: January 1, 2002

Review Dates:  July 31, 2006

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David E. Freel  Executive Director

Ohio Ethics Commission

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Date

Promulgated Under: RC Sec. 119.03(A) Rule Authorized By: RC Sec. 102.02(B) Rule Amplifies:           RC Sec. 102.02

Prior Effective Dates: 4/1/77; 2/14/80; 5/27/85