§ 2321.56. Ethics Disclosure.

(A)

Definitions. As used in this section:

(1)

"Municipal office" means the offices of mayor, city council member, city auditor, or city attorney.

(2)

"Office holder" means a person who is elected or appointed to the office of mayor, city council member, city auditor, or city attorney.

(3)

"Candidate" means any candidate in an election for nomination or election to office for mayor, city council member, city auditor, or city attorney.

(4)

The definitions set forth in section 102.01 of the Ohio Revised Code shall apply to this section except to the extent modified in this section.

(B)

Financial Disclosure Statement filed with Ohio Ethics Commission

Every person who is an office holder, or a candidate, and every person who is appointed to fill a vacancy for an unexpired term in such an elective office, shall file with the Ohio Ethics Commission the disclosure statement described in this division on a form prescribed by the Commission, according to the section 102.02 of the Ohio Revised Code.

In addition to the information required by division (A)(2) of section 102.02 of the Ohio Revised Code, other than exceptions provided in that same division, the disclosure statement shall include the following:

(1)

As provided in division (A)(2)(g)-(i) of section 102.02 of the Ohio Revised Code, including a brief description of each gift, or aggregate of gifts from any one source, of over seventy-five (75) dollars, received by the officeholder or candidate, in the officer holder or candidate's own name, or by any other person for the office holder or candidate's use or benefit during the preceding calendar year, from the following persons:

(a)

Any person with whom the officer holder or candidate, or office holder's or candidate's immediate family, does business;

(b)

Any person who is a creditor of over one thousand dollars ($1,000) of, or a debtor of over one thousand dollars ($1,000) to, the office holder or candidate;

(c)

Any person with whom the office holder or candidate has an investment, other than a primary residence or real property held primarily for personal recreation, of over one thousand dollars ($1,000);

(d)

Any person that has another fiduciary relationship, such as co-owner or proprietorship of a corporation, trust, business trust, partnership, or association, with an office holder or candidate.

(C)

Financial Disclosure Statements filed with the City Clerk

(1)

Every officer holder or candidate, and every person who is appointed to fill a vacancy for an unexpired term in such an elective office, shall file a financial disclosure statement, mandated by division (B) of this section, with the city clerk.

(2)

The same filing deadlines as provided in division (A)(4) of section 102.02 of the Ohio Revised Code shall apply to the financial disclosure statements required to be filed with the city clerk pursuant to this division.

In addition, every person required to file a financial disclosure statement with the city clerk pursuant to this division shall file an additional, semiannual financial disclosure statement with the city clerk, not later than the fifteenth (15th) day of November each year. This statement shall contain the same information required by division (B) of this section for the period between the first day of January of the current calendar year and the last day of June of the current calendar year.

(3)

A person may file the duplicate annual statement and original semiannual statement required by this division in person or by mail.

(4)

The city clerk shall be responsible for reviewing each statement filed under this division and for determining whether the statement contains all of the information required by this division. If the city clerk determines that the statement does not contain all of the required information or that an office holder or candidate has failed to file a statement, the city clerk shall notify, in writing, the person who filed the statement regarding the deficiency in the statement or the person who failed to file the statement regarding the failure. Any person so notified by the city clerk shall, not later than fifteen (15) days after receiving the notice, file a statement or an amended statement that contains all of the information required by this section. If any person who receives a notice under this section fails to file a statement or an amended statement within this fifteen (15)-day period, the city clerk will send out a second written notification to that person and notify the city attorney of the deficiency in the statement or the failure to file a statement. Any person so notified by the city clerk shall, not later than fifteen (15) days after receiving the notice, file a statement or an amended statement that contains all of the information required by this section. If any person who receives a notice under this section fails to file a statement or an amended statement within this additional fifteen (15)-day period, the city attorney's office will take appropriate action as authorized under this section.

(5)

The city clerk may adopt rules as necessary to implement this section.

(6)

The city clerk shall exercise the powers and duties prescribed under this section.

(D)

Authority of the City Attorney

The city attorney may investigate compliance with the filing requirements of this section in accordance with division (C) or upon a written complaint filed with the city attorney's office.

(E)

Ethics Policy

For each municipal office, the office holder shall establish an ethics policy for that office within six (6) months of election, including annual ethics training for those persons in the office that the office holder designates. Each office holder shall also designate a person in the office who will coordinate the ethics policy within that office.

(1)

For the purposes of this division, the president of city council shall retain the responsibility to establish an ethics policy for all city council offices, as well as to designate a person in the city council president's office who will coordinate ethics issues and policy.

(2)

To the extent practicable, municipal offices shall collaborate toward uniformity in their respective ethics policies.

(F)

Penalties

(1)

No person shall knowingly fail to file the financial disclosure statement, on or before the applicable filing deadlines, required under this section. A violation of this subsection is a misdemeanor of the third degree.

(2)

No person shall knowingly file a false financial disclosure statement required under this section. A violation of this subsection is a misdemeanor of the first degree.

(Ord. No. 0086-2016 , § 1, 3-28-2016)