Ohio Administrative Code › Title 3341 - Bowling Green State University › Chapter 3341-5 - Administrative Staff Policies › Section 3341-5-17 - Nepotism

Current through all regulations passed and filed through July 1,
			 2024
(A)
								Policy statement and purpose
To set out the university policy for
				hiring and employment decisions affecting members of the same
				family.
(B)
								Policy
In keeping with good personnel
				management procedures and to guarantee equal employment opportunities to all,
				applicants may not be hired for or promoted into positions in which they would
				supervise or be subject to the immediate supervision of a member of their
				immediate family.
This policy will be upheld regardless
				of the sex of the relatives involved and will be equally applied to both males
				and females.
If a proposed hire, promotion, marriage
				or other action places an employee in supervision of another immediate family
				member; the matter should be brought to the immediate attention of the
				responsible vice-president. Easy accommodation of the situation may not always
				be possible. Appointment of spouses or other members of the immediate family to
				the same department is not necessarily nepotism, but employees may not
				participate in career decisions on other members of their immediate
				family.
Immediate family is defined as: spouse,
				mother, father, son, daughter, brother, sister, mother-in-law, father-in-law,
				son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent and
				legal guardian or other person who stands in place of a parent.
(C)
								Ohio
			 ethics law (general assembly of Ohio, 1973)
The Ohio Ethics Law was enacted in 1973
				by the general assembly to insure the integrity of government and to improve
				public confidence in government officials and employees. The following eleven
				points describe the major provisions of the law:
(1)
									Conflict of
			 interest.
The ethics law guards against public
				officials and employees who would misuse their positions for personal gain or
				benefit.
Section
				102.03 of the Revised Code
				prohibits persons appointed to or employed by a public agency now or within the
				past year from appearing before that agency in a representative capacity, the
				so-called revolving door. The section also prohibits the disclosure or use for
				profit of confidential information acquired during public service, and
				restricts participation in license or ratemaking proceedings where personal
				benefits might be derived.
In addition, the section prohibits
				public servants from using their positions to secure anything of value for
				them.
Section
				102.04 of the Revise Code
				prohibits public servants, whether elected, appointed or employed, from
				appearing before or selling goods and services to other agencies within the
				same governmental entity. The section does, however, exempt non-elected public
				officials and employees from the prohibition if they first declare their intent
				in the form of a statement filed with both the agency with which they serve and
				the agency with which the business is to be conducted.
(2)
									
			 Investigations.
The commission responds to complaints
				and conducts its own investigations into alleged conflicts of
				interest.
(3)
									Confidentiality.
All matters concerning investigations
				are confidential. If, after a hearing, a complaint is dismissed, the accused
				person may ask that the matter be made public.
(4)
									Hearings.
The commission conducts hearings on
				complaints filed with it after it has been determined that the complaint is not
				frivolous and that there is reasonable cause to believe the facts as alleged
				would constitute a violation.
(5)
									Report of
			 findings.
If the commission finds, based on a
				preponderance of the evidence, that a public official has violated the ethics
				law, the evidence is turned over to the appropriate prosecuting
				authority.
(6)
									Penalties.
Persons found guilty under the Ohio
				ethics law may be fined a maximum of one thousand dollars or imprisoned up to
				six months or both. Persons who are required to file a financial disclosure
				statement but who fail to do so, face a maximum fine of two hundred
				 fifty dollars and up to thirty days
				imprisonment.
(7)
									Financial disclosure.
All candidates for public office,
				except those running for village, township or school board office, and all
				elected officials, except those holding village, township or school board
				office, are required to file a financial disclosure statement with the
				appropriate ethics commission each year. Also, certain appointed state
				officials are required to file a disclosure statement. The statement requires
				that sources of income and other financial interests are disclosed. Most public
				officials are required to file with their respective ethics commission by April
				fifteenth of each year. Candidates are required to file thirty days prior to
				the first election in which they appear. Statements are available from any
				county board of elections or from the commission.
(8)
									Public
			 inspection.
Financial disclosure statements on file
				with the commission are open to public inspection and copies are available on
				written request.
(9)
									Special rules.
The Ohio ethics commission has adopted
				two rules under its rule-making authority, which extend the financial
				disclosure-filing requirement to certain classes of public officials. The first
				such rule, EC-2, requires the chief administrative officers of about one
				hundred state boards, commissions and other agencies to file an annual
				statement. The second rule, EC-3, requires the members of the same boards,
				commissions and other agencies to file a disclosure statement.
(10)
									Four
			 ethics commissions.
The administration of the Ohio ethics
				law is entrusted to four separate agencies, each having a distinct
				jurisdiction. The house legislative ethics committee and the senate legislative
				ethics committee are concerned with candidates for and members and employees of
				the general assembly. The supreme court board of commissioners on grievances
				and discipline is concerned with judicial officers, employees and candidates
				for judicial office. The Ohio ethics commission has jurisdiction over all other
				public officials, employees and candidates for public office under the purview
				of chapter102 of the the Revised Code.
(11)
									Advisory
			 opinions.
The commission issues advisory opinions
				in response to questions relating to ethics, conflicts of interest and
				financial disclosure.
Date: January 1, 2014