Ohio Admin. Code 102-3-08 - Travel expenses paid or reimbursed by non-agency sources for travel to conferences, seminars, or similar events
(A)
The purpose of
the rule is to set standards and conditions for the furnishing and acceptance
of travel, meals, and lodging expenses or reimbursements, to public officials
or employees, from sources other than the agency that the official or employee
serves, for travel to conferences, seminars, and similar events, as defined in
this rule and in appendix 1 to this rule.
(B)
This rule
applies to any public official or employee who is subject to the jurisdiction
of the Ohio ethics commission as provided in division (F) of section
102.01 of the Revised Code. This
includes officials or employees of any state department, board, commission, or
university, any county, city, village, township, public library, port
authority, regional transit authority, or other public agency. It does not
include judicial officers and employees, or members or employees of the general
assembly, and employees of the legislative service commission.
(C)
As used in this
rule:
(1)
"Travel expenses" are transportation, meal, and lodging expenses paid for or
reimbursed to a public official or employee. Travel expenses include, but are
not limited to, payments or reimbursements for lodging, meals, food, or
beverages, air, train, or cab fare, car rentals, and parking.
(2)
"Conference" is
a prearranged gathering with a formal agenda, for consultation or exchange of
information or discussion that benefits the state or a political subdivision of
the state including a meeting of a national, state, or regional
organization.
(3)
"Seminar" is a meeting on a particular subject or
related subjects, usually with one or more instructors or experts, for
education, discussion, study, or exchange of information.
(4)
"Person" is an
individual, corporation, tax-exempt or non-profit organization, business trust,
estate, trust, partnership, association, or governmental agency or
instrumentality.
(5)
A person is "interested in matters before" a public
agency if the person has a definite and direct financial interest in a matter
that is before the agency.
(D)
A public
official or employee may accept travel expenses or reimbursements if the travel
is connected with a conference, seminar, or similar event that is related to
the public official's or employee's official duties and is not of such a
character as to manifest a substantial and improper influence on the traveler
with respect to that person's duties.
(E)
Travel expenses
or reimbursements provided under paragraph (D) of this rule are not of such a
character as to manifest a substantial and improper influence on a public
official or employee if both of these factors are met:
(1)
Before the
official or employee agrees to travel to the conference, seminar, or similar
event, the agency that the official serves or employee works for determines
that:
(a)
The
travel is related to the official's or employee's official duties;
and
(b)
The travel expenses are ordinary, customary, and
necessary. Travel expenses are ordinary, customary, and necessary if they do
not exceed the lesser of: (i) the amount of travel expenses that the official's
or employee's agency allows to be reimbursed for travel to the destination; or
(ii) the per diem rate set by the United States general services administration
for travel to the destination that is in effect at the time of the
travel.
(2)
The source of the payment for or reimbursement of the
public official's or employee's travel expenses is one of the following:
(a)
A person that is
not doing or seeking to do business with, regulated by, or interested in
matters before the public agency that the official or employee serves;
or
(b)
Any governmental agency; or
(c)
A statewide,
multi-state, or regional consortium or collaborative, of which the public
agency is a member, that was created for the purpose of fulfilling or advancing
the agency's statutory mandate and that does not receive more than twenty-five
per cent of its financial support from any persons that are doing or seeking to
do business with, regulated by, or interested in matters before the public
agency that the official or employee serves; or
(d)
A person using
funds that were provided to him or her by grant, contract, or gift, from a
person described in paragraph (E)(2)(c) of this rule if the grant or contract
agreement states, or gift terms stipulate, that the funds will be used for
travel expenses of public officials and employees.
(F)
A
public official or employee who receives travel expenses or reimbursements
under this rule must disclose their source and amount either:
(1)
On the annual
financial disclosure statement he or she is required to file by section
102.02 of the Revised Code or as
a condition of employment if he or she is required to disclose sources and
amounts of travel expenses; or
(2)
To the public
agency he or she serves.
(G)
A public
official or employee who accepts travel expenses or reimbursements in
compliance with division (I) of section
102.03 of the Revised Code and
this rule does not violate divisions (D) or (E) of section
102.03 and division (A) of
section 2921.43 of the Revised
Code.
(H)
Any person who provides travel expenses to a public
official or employee in compliance with division (I) of section
102.03 of the Revised Code and
this rule does not violate division (F) of section
102.03 and division (A) of
section 2921.43 of the Revised
Code.
Notes
Promulgated Under: 111.15
Statutory Authority: 102.05, 102.03
Rule Amplifies: 102.03, 2921.43
Prior Effective Dates: 10/31/2013
Promulgated Under: 111.15
Statutory Authority: 111.15, 102.03, 102.05
Rule Amplifies: 102.03, 2921.43
Prior Effective Dates: 10/31/2013
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