Bill Text: OH HB66 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: To require the Auditor of State to establish a fraud-reporting system for residents and public employees to file anonymous complaints of fraud and misuse of public funds by public offices or officials.

Spectrum: Slight Partisan Bill (Republican 69-25)

Status: (Passed) 2012-05-04 - Effective Date [HB66 Detail]

Download: Ohio-2011-HB66-Comm_Sub.html

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As Reported by the House State Government and Elections Committee

129th General Assembly Regular Session 2011-2012

Am. H. B. No. 66

Representative McGregor 

Cosponsors: Representatives Beck, Adams, J., Brenner, Ruhl, Huffman, Derickson, Blessing, Dovilla, Kozlowski, Grossman, Amstutz, Combs, Stebelton, Hackett, Hottinger, Hollington, Pillich, Blair, Maag 

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A BILL

To amend section 124.341 and to enact section 117.103

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of the Revised Code to require the Auditor of

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State to establish a fraud-reporting system for

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residents and public employees to file anonymous

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complaints of fraud and misuse of public funds by

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public offices or officials.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 124.341 be amended and section	7
117.103 of the Revised Code be enacted to read as follows:	8

Sec. 117.103. (A) The auditor of state shall establish and	9
maintain a system for the reporting of fraud, including misuse and	10
misappropriation of public money, by any public office or public	11
official. The system shall allow Ohio residents and the employees	12
of any public office to make anonymous complaints through a	13
toll-free telephone number, the auditor of state's web site, or	14
the United States mail to the auditor of state's office. The	15
auditor of state shall review all complaints in a timely manner.	16
Upon completion of the review by the auditor of state, the	17
complaints are public records under section 149.43 of the Revised	18
Code unless that or another statute specifies an applicable	19
exemption from the definition of a public record.	20

(B)(1) A public office shall provide information about the	21
Ohio fraud-reporting system and the means of reporting fraud to	22
each new employee upon employment with the public office. Each new	23
employee shall confirm receipt of this information within thirty	24
days after beginning employment. The auditor of state shall	25
provide a model form on the auditor of state's web site to be	26
printed and used by new public employees to sign and verify their	27
receipt of information as required by this section. The auditor of	28
state shall confirm, when conducting an audit under section 117.11	29
of the Revised Code, that new employees have been provided	30
information as required by this division.	31

(2) On the effective date of this section, each public office	32
shall make all its employees aware of the fraud-reporting system	33
required by this section.	34

(3) Divisions (B)(1) and (2) of this section are satisfied if	35
a public office provides information about the fraud-reporting	36
system and the means of reporting fraud in the employee handbook	37
or manual for the public office. An employee shall sign and verify	38
the employee's receipt of such a handbook or manual.	39

Sec. 124.341.  (A) If an employee in the classified or	40
unclassified civil service becomes aware in the course of	41
employment of a violation of state or federal statutes, rules, or	42
regulations or the misuse of public resources, and the employee's	43
supervisor or appointing authority has authority to correct the	44
violation or misuse, the employee may file a written report	45
identifying the violation or misuse with the supervisor or	46
appointing authority. In addition to or instead of filing a	47
written report with the supervisor or appointing authority, the	48
employee may file a written report with the office of internal	49
auditing created under section 126.45 of the Revised Code or file	50
a complaint with the auditor of state's fraud-reporting system	51
under section 117.103 of the Revised Code.	52

If the employee reasonably believes that a violation or	53
misuse of public resources is a criminal offense, the employee, in	54
addition to or instead of filing a written report or complaint	55
with the supervisor, appointing authority, or the office of	56
internal auditing, or the auditor of state's fraud-reporting	57
system, may report it to a prosecuting attorney, director of law,	58
village solicitor, or similar chief legal officer of a municipal	59
corporation, to a peace officer, as defined in section 2935.01 of	60
the Revised Code, or, if the violation or misuse of public	61
resources is within the jurisdiction of the inspector general, to	62
the inspector general in accordance with section 121.46 of the	63
Revised Code. In addition to that report, if the employee	64
reasonably believes the violation or misuse is also a violation of	65
Chapter 102., section 2921.42, or section 2921.43 of the Revised	66
Code, the employee may report it to the appropriate ethics	67
commission.	68

(B) Except as otherwise provided in division (C) of this	69
section, no officer or employee in the classified or unclassified	70
civil service shall take any disciplinary action against an	71
employee in the classified or unclassified civil service for	72
making any report or filing a complaint as authorized by division	73
(A) of this section, including, without limitation, doing any of	74
the following:	75

(1) Removing or suspending the employee from employment;

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(2) Withholding from the employee salary increases or	77
employee benefits to which the employee is otherwise entitled;	78

(3) Transferring or reassigning the employee;

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(4) Denying the employee promotion that otherwise would have	80
been received;	81

(5) Reducing the employee in pay or position.

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(C) An employee in the classified or unclassified civil	83
service shall make a reasonable effort to determine the accuracy	84
of any information reported under division (A) of this section.	85
The employee is subject to disciplinary action, including	86
suspension or removal, as determined by the employee's appointing	87
authority, for purposely, knowingly, or recklessly reporting false	88
information under division (A) of this section.	89

(D) If an appointing authority takes any disciplinary or	90
retaliatory action against a classified or unclassified employee	91
as a result of the employee's having filed a report or complaint	92
under division (A) of this section, the employee's sole and	93
exclusive remedy, notwithstanding any other provision of law, is	94
to file an appeal with the state personnel board of review within	95
thirty days after receiving actual notice of the appointing	96
authority's action. If the employee files such an appeal, the	97
board shall immediately notify the employee's appointing authority	98
and shall hear the appeal. The board may affirm or disaffirm the	99
action of the appointing authority or may issue any other order as	100
is appropriate. The order of the board is appealable in accordance	101
with Chapter 119. of the Revised Code.	102

(E) As used in this section:

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(1) "Purposely," "knowingly," and "recklessly" have the same	104
meanings as in section 2901.22 of the Revised Code.	105

(2) "Appropriate ethics commission" has the same meaning as	106
in section 102.01 of the Revised Code.	107

(3) "Inspector general" means the inspector general appointed	108
under section 121.48 of the Revised Code.	109

Section 2. That existing section 124.341 of the Revised Code	110
is hereby repealed.	111