Ohio Department of Natural Resources - Ethics Policy

ETHICS POLICY/PROCEDURE

Effective February 1, 2008
Purpose To set forth guidelines for the ethical conduct of public employees.
Authority ORC 102.02, 102.03 and 102.04
ORC 2921.42 and 2921.43
OAC 102
Ohio Ethics Commission Opinions Governor’s Executive Order #2007-01S of January 8, 2007- Establishing New Ethics Requirements
Reference Governor’s Modification to the Ethics Training Plan per Executive Order #2007-01S of August 30, 2007
Governor's Charitable & Fundraising Activities Policy of October 12, 2007
ODNR Solicitation Policy
ODNR Nepotism Policy
Financial Disclosure Fact Sheet
Resource Administration - Office of Legal Services

 

POLICY

It is the policy of the Department of Natural Resources to set forth rules to ensure all employees serve the State of Ohio in an ethical manner. Employees found in violation of the rules outlined below may be disciplined up to and including removal.

 

EMPLOYMENT CONFLICT/FREELANCE ACTIVITIES

No employee shall use or authorize the use of the authority or influence of his/her office to secure anything of value for himself/herself, which is of such character as to manifest a substantial and improper influence upon him/her with respect to his/her duties.

Employees are prohibited from soliciting or accepting anything of value that is of such a character as to manifest a substantial and improper influence upon them with respect to their duties.

Employees are prohibited from using the authority or influence of their official position to advance the interests of their private business.

Employees are prohibited from selling services or property that is their duty to provide as part of their official duties.

Employees are prohibited from using state time, facilities, or resources to promote or conduct their private business.

Employees are prohibited from conducting demonstrations for potential clients during scheduled working hours.

Employees are prohibited from holding outside employment if such employment could impair their judgment with regard to their official decisions and responsibilities.

Employees will not be permitted to abuse personal leave, vacation leave, or compensatory time to conduct business related to outside private employment. Such leave will be granted solely on the basis of operational need.

This policy in no way prohibits the negotiated language in any applicable labor agreement.

 

ACCEPTANCE OF GIFTS

No public official or employee shall accept, solicit, or use his/her position to secure anything of value from a party that is interested in matters before, regulated by, or doing or seeking to do business with the agency with which the official serves. R.C. Section 1.03 defines "anything of value" to include money goods, and chattel, and every other thing of value, except items of nominal or de minimus value ($20 or less). Under the Governor’s Executive Order #2007-01S there are only four categories of people from whom those affected by the Order may accept gifts (a term which includes the gift of food and/or beverages). Those categories are defined in the Order as follows:

  • Close family members
  • Friends (including other family members) who aren’t lobbyists, state contractors or state grantees
  • Anyone providing a token gift (including food and/or beverages) valued at less than $20
  • Government officials from other states or countries (with gifts accepted on behalf of the State of Ohio)

If the gift’s donor doesn’t fit into one of these four groups, state employees may not take the gift.

Employees who are required to file a financial disclosure statement pursuant to R.C. 102.02 must report gifts in excess of $75 and meals in excess of $100 aggregated per calendar year.

To avoid the appearance of impropriety, employees should follow the ‘pay your own way’ maxim and refuse even gifts of nominal value.

 

FREQUENT FLYER MILES

No public official or employee shall accept, solicit, or use his/her position to secure, for personal travel, discounted or free air travel tickets or other benefits based upon mileage accrued while traveling in his/her official capacity as a state official or employee.

 

HIRING PRACTICES

No public official or employee shall use the authority or influence of his office to secure employment (authorization of any public contract) for any member of his family or any of his business associates, within the political subdivision with which he serves. At the state level of government, political subdivision refers to the public official’s or employee’s agency or department.

 

REVOLVING DOOR RESTRICTIONS

The "revolving door" provision of the Ohio Ethics Law, Section 102.03(A) of the Ohio Revised Code, prohibits a present or former public official or employee, for 12 months after public service, from representing, or acting in a representative capacity for any person on any matter in which the public official or employee personally participated. However, former public officials or employees may represent private clients before their former department or other public agencies immediately following their departure from public office or employment, provided the representation is on matters in which they did not personally participate while in public office or employment, or on new matters arising after their departure from government service. A former public official or employee may be retained or employed, within 12 months after public service, to represent or assist the agency with which he/she was previously employed.

Present or former public officials or employees are prohibited from disclosing or using confidential information they acquire in the course of their official duties.

Present public officials or employees may receive compensation other than from the agency with which they serve for services rendered before public agencies other than their own or may represent private clients on matters in which they have not personally participated before public agencies other than their own, provided they have complied with the filing of the statement required by Section 102.04(D) of the Ohio Revised Code and carry on such representation on personal time and with personal resources.

Present public officials and employees may sell or agree to sell goods and services to any public agency through competitive bidding or to public agencies other than their own by filing the statement required by R.C. 102.04(D).

 

FUNDRAISING POLICY

This policy sets forth some general guidelines related to charitable solicitations, fund-raisers, and other charitable activities conducted by state employees during normal working hours. This policy (1) strictly prohibits any form of gambling; (2) limits the number of state sanctioned charities which can actively raise funds on state time; (3) provides guidance on the types of fundraising activities that are acceptable; and (4) allows non-charitable, employee oriented fundraising activities at the discretion of each individual director or designee.

The Combined Charitable Campaign (CCC) was established specifically to allow employees to support a large number of charities in a single unified charitable solicitations drive. The CCC is the primary state-sanctioned fundraising activity. Any activities sponsored by individual charities that belong to the CCC should not be officially supported by a department or the state. Individual employees, however, are permitted to participate or encourage fellow employees to participate in these activities as part of their individual efforts to support these charities.

Operation Feed is not a member of the CCC and is permitted to sponsor events and fund-raisers on state time. Participation in Operation Feed by employees is strictly voluntary. In so far as possible, activities in support of these events may involve cash donations or other fund-raisers. Operation Feed is a community–wide food and funds drive and both types of donations are welcome. Activities such as dress down days, bake sales, candy sales, etc., in support of Operation Feed are permissible at the Director’s discretion.

Also in the Director’s discretion, fundraising events may be held to raise money to benefit individual employees. Examples include purchasing retirement gifts or funeral flowers and collecting donations to assist a fellow employee with some family or medical hardship or to support employee recognition awards. Other permissible fundraising activities include individual voluntary efforts such as the annual Girl Scout Cookie sale, sales of candy bars to support a child’s school, and various walk-a-thons, swim-a-thons, etc. for organized charities, even if those charities are members of the CCC.

If such discretionary charitable activity is permitted, precautionary measures must be taken to assure that all money collected for a stated purpose actually goes to that purpose. Money collected on behalf of an individual state employee (i.e., retirement gift) should be reasonably accounted for and secured in the workplace. Money collected by employees as part of their individual efforts to support a charity (i.e., child’s school candy bar sales) should not be left at the workplace. Fundraising activity of this nature must be strictly voluntary and should be conducted during the lunch hour or other break times if the activity will be disruptive to the workplace.

Gambling on state property is illegal. No games of chance in any form will be permitted for the CCC, Operation Feed, or any fundraising event. Examples of games of chance include raffles, door prizes, cake walks, or any other method of obtaining an award or prize by luck or chance. No state employee should ever solicit a vendor, retail store, restaurant, or other such private entity with whom your department does business to donate food or other items to benefit the CCC, Operation Feed, or any other charitable event. Any requests to conduct events that appear to be a game of chance, questions concerning donated items, or requests to conduct fund-raisers for religious organizations should be discussed with legal counsel.

 

ETHICS TRAINING AND COMPLIANCE

Per the Governor’s Executive Order #2007-01S - Establishing New Ethics Requirements, all state employees will receive training on the Ohio Ethics law and the Executive Order #2007-01S. The ODNR Director and senior staff members who are required to file annual ethics disclosure forms will participate in at least one three-hour mandatory training session a year. All other employees, regardless of appointment type, will receive one hour training every other year. New hires are required to attend Ethics training within nine months of entering state employment.