(A) The settlement procedures may consist of
any method decided by the commission and agreed to by the parties, including,
but not limited to, mediation, arbitration, negotiation, criminal plea
negotiations in conjunction with the appropriate prosecuting authority, and
other forms of disposition.
(B) The settlement agreement entered
into under division (G)(1) of section 102.06 of the Revised Code will be in
writing and accompanied by a statement of the findings of the commission or
prosecuting authority and the reasons for entering into the agreement. The
commission or prosecuting authority shall retain the agreement and statement in
its office and, in its discretion, may make the agreement, the statement, and
any supporting information public, unless the agreement provides
otherwise.
(C)
(B) All papers,
records, affidavits, and documents filed with the commission or relating to
settlement negotiations will be sealed and are private and confidential, except
as otherwise provided in section
102.06 of the Revised Code,
unless the parties agree otherwise.
(D)
(C) The commission, in
consultation with the parties, may establish guidelines that regulate the
conduct of the settlement negotiations. The guidelines will be binding on all
parties. The guidelines may contain requirements that all matters discussed in
the settlement negotiations remain confidential after negotiations have ceased
and that no party may compel the attendance of any commission member, employee,
or agent as a witness regarding any matter discussed pursuant to the settlement
negotiations.
(E)
(D) When the source of an allegation is the auditor of
state's office or similar office or agency that has completed an independent
factual review, the commission may elect to resolve matters through its censure
process.
(1) In censure matters, the
commission shall forward an initial notice to the respondent reciting the basic
facts establishing a potential violation. The initial notice shall provide a
timeframe within which the respondent can contact the commission with
contradictory information.
(2)
After giving the respondent time to refute the allegations, the investigative
committee or the commission may direct staff to issue a letter of censure
advising the respondent that the reported activity potentially violates the
ethics law and should cease immediately. Further, the censure notice shall
provide notice that continued activity in violation of the ethics law may
result in a formal investigation and potential prosecution.
Notes
Ohio Admin. Code
102-11-02
Five Year Review (FYR) Dates:
11/8/2022 and
11/08/2027
Promulgated
Under:
111.15
Statutory Authority:
102.05
Rule Amplifies:
102.06,
102.07
Prior Effective Dates: 01/01/2002, 02/26/2012,
06/29/2017
Effective:
6/29/2017
Five Year Review (FYR) Dates:
02/13/2017 and
06/29/2022
Promulgated
Under: 111.15
Statutory
Authority: 102.05
Rule
Amplifies: 102.06,
102.07
Prior
Effective Dates: 1/1/02, 02/26/12
