TROY OHIO TROY CITY COUNCIL WORKSHOP Monday, February 26, 2024, 5:30 p.m. (following Committee Meetings) Troy City Council Chambers AGENDA I. Welcome B. Rozell G.K Kerber II. Ohio Revised Code Provisions a. Ethics (ref: www.ethicsohio.gow A Advice & Immunity ii. Gifts and Meals ili. Nepotism iv. Public Records (ref: odes.ohio.gov/orc/149.43) V. Sunshine ref.ow.chioattomeygeneralgovleallSunshine-laws) b. Conflicts of Interest(ref: Section l.a.i. of www.ethicsohio.gow) III. Council Operating Legislation a. Rules for Procedure B. Phillips/T. Severt b. City Council Regular Meetings: Time, Dates, and Cancellations - Elected Official Compensation IV. General Administration a. Administrative V Legislative Roles b. Operational point of contact - Organization Chart (handout) d. Council roles in EOP (handout) V. 2024 Project List(handout) VI. Closing Questions/Comments P.Titterington P.Titterington All 100 South Market Street, Troy, OH45373-7303 Toggle navigation Ohio Ethics Commission Home About Advice Education Financial Disclosure Forms Investigation Press Contact Search OEC... Advice Blank Financial Disclosure Statements R.C.102.04(D) Statement One of the core functions of the Ohio Ethics Commission is to "render advisory opinions with regard to questions concerning" the Ohio Ethics Law for the public officials and employees under its jurisdiction. The Commission also provides general guidance about the law through telephone calls and e-mail. This section handles those responsibilities. Advisory Opinions Anyone can call or e-mail the Ethics Commission with questions about the law or opinions of the Commission. Staff cannot provide advisory opinions over the telephone ori ini response to an e-mail but it canj provide general information or guidance. Staff can also direct callers or e-mail requesters to relevant advisory opinions, Ifyou would like to review an Overview oft the Law, with information sheets and other useful tools, you can go information sheets, or other helpful resources. to the Ethics Education Section oft this Web site. EOpinion Types Opinion Types Immunity. Immunity Formal Opinions Formal Opinions Informal Opinions Informal Opinions StaffOpinions StaffOpinions Request Opinion Request Opinion Frequently Asked Questions Does mysituation fall under the Ethics Law? We have ai number of resources to help you understand how the Ethics Law relates to you. The Ohio Ethics Law Overview is a great place to start asi it explains and describes the law in layperson casy-to-understand terms. Other helpful fact sheets include: General Information on the Ethics Law and Ethics Commission AL briefoverview oft the purpose and value oft the Ohio Ethics Law. The Ohio Ethics Law Outline Al brief outline of the major provisions of the Ohio Ethics Law. Full Outline of the Ohio] Ethics Law An more extensive outline oft the entire Ethics Law. Authority ofthe Ohio) Ethics Commission An outline that includes information on alternative agencies to contact if your situation falls outside of] Ethics Law considerations. Ishaving. a conflicto ofinterest illegal? Having a conflict ofinterest is not illegal. In fact, conflicts are: normal because public servants have families and friends, and may have businesses, professions, investments, property interests, and other connections to their communities. Any oft these connections could result in a conflict ofinterest for the official. Thei issue is how the public servant responds to his or her conflict ofi interest. Conflicts ofInterest: What ShouldIKnow? explores Are there any) Jimits on a public official or employee who iss seeking a new job? our responsibility when faced with a conflict ofinterest. Yes, there are ai number of restrictions that apply, regardless of whether the official is seeking aj job with aj private corporation, a non-profit organization, or another public agency. Seeking. New or Outside Employment Canpublic officials act on matters that affect property owned by themselves or family (Information Sheet #4) explores limits on job seeking. members? No. Aj public official cannot act on matters that affect property the official owns. This Propertyl Matters Information Sheet and Advisory Opinion No. 92-019 more fully explain the restrictions on aj public official when ai matter before his or her agency affects the official's own property. Fori information regarding property owned by a public official's family, review Property) Matter Affecting. Family Members How does the Ethics Law apply when a public official serves an agency that regulates their The Ethics Law generally prohibits public officials from participating in ai regulatory matter that would result in ad definite and direct economic benefit or detriment to them. To further explore this issue and restriction please review Regulatory Matter Affecting. a Public Official or Employee (Information Sheet #14). Ihave more than one public position; do) Ihave amyipedalcmidteraton? (Information Sheet #13). business? Yes. Even ifa an official can serve in more than one position, the Law will restrict some actions in the public positions. Person Serving inMultiple Public Positions (Information Sheet #12) explains the Law as it applies to any person who wants to hold more than one public position at the same time. Canlacceptagift2 Noti ift the gift is substantial in value and is from a source that is doing or seeking to dol business with, regulated by, or interested in matters before the public agency you serve. Fori more information, please see this Accepting Gifts, Meals or) Entertainment Information Sheet or the Gift and Entertainment Bulletin. Are public school officials and employees subject to the Ethics - Law? Yes. All public school officials and employees are subject to the public contract and supplemental compensation restrictions. Teachers who do not perform administrative or supervisory functions are exempt from the conflict ofinterest, gift, and post-employment restrictions, though all other school officials, administrators and staff are subject to these provisions. Examples ofteachers who perform, or have the authority to perform, administrative or supervisory functions include academic department heads, athletic directors, and coaches. For more information reference The Ohio Ethics Law 101: The Ethics Toolkit for) Public School Districts. anlasgaicamplimetar, conference registration? In general, the Ohio Ethics Law prohibits public officials and employees from accepting or soliciting complimentary conference: registration from improper sources. Circumstances may be different if, as part ofy your official duties, you are a speaker at the conference. This and other conference questions are explored in depth in the Conferences and the Ohio Ethics Law Fact Sheet. Can Ikeep the door prize Iwon at a conference? No. When public officials or employees attend conferences in their official capacity, the Ethics Law prohibits them from accepting door prizes won at the conference, even ift the drawing was random and all attendees were automatically entered. Should aj public official or employee "win" such a drawing, the door prize belongs to the official or employee'sp public agency. The agency may simply decline to accept the gift or may also choose to use it for an appropriate public purpose. This is a potential choice since the Ethics Law does not prohibit aj public agency from accepting a donation from aj private party as long as no official or employee benefits personally from the donation and the donation is voluntary. This and other conference questions are explored in depth in the Conferences and the Ohio Ethics Law Fact Sheet Canprivate companies donate goods or equipment to public entities? Yes. The law does not prohibit voluntary donations to a public agency, as long as noi individual official benefits personally. For more information, please review the When is a Gift a Donation? Fact Sheet and Public-Private IfII leave public employment for the private sector can Ihelp my new employer geta Partnerships (Information Sheet #11). public contract? You can certainly discuss or share non-confidential information with your new colleagues, but you are prohibited from representing any person (including a company, nonprofit organization, or public agency) on any matter in which you personally participated for one year after leaving public service (some officials have a two-year bar.) The Post-Employment and) Revolving. Door Worksheet and the. Post-Employment Information Sheet address CanIhelp a client apply for a public contract with myagency ifIabstain from voting on representation and will help you determine what restrictions affect your new. job. the contract? No. A public official or employee cannot be paid by a client toj perform any services on a matter that is being reviewed or decided by a state agency, even ifhe or she will not personally appear before the state agency. Representation and other restrictions related to business associates are further expanded upon in the Rendering Services onal Matter Before Another Public Entity Fact Sheet and Business Associates and Public Contracts (Information Sheet#15). Can governing board members be hired by the agency.theylead? No. While he or she is serving on an agency'sg governing board, aj public official or employee cannot bel hired by the agency. He or she also cannot even seek employment with the agency until he or she resigns from the public This Board Member Seeking Employment Information Sheet explains these restrictions more fully. agency. CanIsell goods or services to myagency? Ini most situations, no. However, public officials may be able to sell things to the public agency ift they can meet an exception to the public contract restriction. There are information sheets that explain these restrictions more fully: State Officials and Employees Selling. Goods or Services Information Sheet Local Officials and Employees Selling. Goods or Services Information Sheet Rendering. Services on a Matter Before Another Public Entity. CanIsell goods or services to other agencies? It depends. Local officials and employees should be aware that they work for that entire governmental body, not just the office where they report to work each day. Non-elected state employees may sell to a state agency other than their own IF they successfully complete ai number of steps, including a competitive bidding process and filing ofa a 102.04(D)statement. There are information sheets that explain these restrictions more fully: State Officials and Employees Selling. Goods or Services Information Sheet Local Officials and) Employees Selling. Goods or Services Information Sheet Rendering. Services on a Matter Before Another Public Entity CanIhire a familymember? No. Aj public official or employee is absolutely prohibited from hiring his orl her family members. The official or employee also cannot use his or her public position in any way to get someone else to hire his or her family The Nepotism Information Sheet and the Nepotism Restrictions FAQ explain these restrictions more: fully. Ifthe family member is ai minor child there are even more stringent restrictions. These restrictions are outlined in members. the Reminder about Summer. Jobs and Restrictions on Nepotism Bulletin. Can my.family.member. work at myagency? Yes, provided that you take no action tol hire or get someone else to hire the family member. However, while you are working together, you cannot secure any employment related benefits for the family member, such as raises, promotions, job advancement, or benefits. Further, you cannot make decisions that benefit your family member related to that person's employment, such performance evaluations, personnel actions, and discipline. The Nepotism Information Sheet and the Nepotism Restrictions FAQ explain the limits on a public official Which family members" are aj public official or employee not allowed to hire? when his or her family members are employed by the same public agency. Apublic official's or employee's family members include his or her: Spouse; Parents and Step-parents; Grandparents; Children and Step-children; Grandchildren; and Siblings. Also included is any other person related to the official or employee by blood or by marriage who resides ini the The Nepotism Information Sheet and the Nepotism Restrictions FAQ explain which people are considered a public official's family members for purposes of the restriction against hiring family members. same household with the official or employee. What are the revolving door laws? after they leave their public positions: There are three revolving door (or pasemplymmpresuicions that apply most public officials and employees R.C. 102.03(A)(1): - A former public official or employee cannot represent any person before any public agency on matters in which he or she personally participated. This prohibition applies to the former public R.C. 102.03(B) A1 former public official or employee cannot disclose or use confidential information he ors she acquired during his orl her public service. There is no time limit on this restriction. R.C. 2921.42(A)(3)-A1 former public official or employee cannot profit from a contract that he or she authorized, or that was authorized by the public agency he or she served, unless it was competitively bid. This prohibition applies to the former public servant for one year after leaving the public position. This Post-Employment Information Sheet and Advisory Opinion No. 2011-03 explain these revolving door restrictions. Advisory Opinion No. 2012-03 and Advisory_Opinion No. 2012-04 explain the revolving door law There are three other post-employment restrictions that apply to small groups of former public servants: servant for one year after leaving the public position. exceptions. PUCO Commissioners and Attorney Examiners R.C. 102.03(A)(2); Casino Control Commission Members and Employees. - R.C. 102.03(A)(10). Iwork in the private sector;. does the Ethics Law ever apply to me? Officials and employees who participated in solid or hazardous waste matters - R.C. 102.03(A)(3); and Yes, the private sector can also be subject to the Ethics Law! Companies and organizations that do or seek to do business with, are: regulated by, or have an interest in ai matter pending before a government office, are also subject to the Ethics Law. The Private Sector Brochure, and the Private Sector Newsletter explore how the CanIrequest advice on the Ethics Law ifI am not a public official or employee? Ethics Law applies when private and public sectors meet. Yes! Anyone can call or e-mail the Ethics Commission with questions about the Law or opinions ofthe Commission; after all, the private sector can also be subject to thel Ethics Law. The Commission cannot provide advisory opinions in response to questions about someone other than the requester. Ifyou have a question about thej possible actions ofa another person, you can request general information from the Commission. For more information please review the General Information on the Ethics Law and Ethics Commission Fact Sheet, the Can the Ethics Commission helpwith filing. a Financial Disclosure Statement? The Ethics Commission would bel happy to assist in understanding FDS filing. Our Einancial Disclosure Frequently/Asked Questions Fact Sheet and the EDSFAOs.page on our website are easy to use, readily available resources. Ifyou still have questions, feel free to call the Ethics Commission at (614)466-7090 or (800).750- Private Sector Brochure, and the Private Sector Newsletter. 0750. Who files a Financial Disclosure Statement? State officials and employees: Elected officials and candidates for state office; Appointees to unexpired terms of state elected office; Alli members oft the state board of education; state administrative departments; Directors, assistant directors, deputy directors, divisions chiefs, and "persons of equivalent rank" serving Members ofthe Board of] Professional Conduct oft the Supreme Court of Ohio and ofthe Ohio Ethics Members and chiefe executive officers of state boards and commissions that exercise the powers oft the Trustees and presidents or chief executive officers of every state college and university [List]; State employees paid a salary or wagei in açcordance with schedule C or E-2; Commission; state [List); Members and chiefexecutive officers oft the state: retirement systems; Licensed investment officers oft the state retirement systems; Bach member of the Bureau of Workers' Compensation Board of Directors; Director appointed by the Workers' Compensation Council; Ohio Agricultural and Community Development Foundation; and Members and some upper level employees of JobsOhio. ChiefInvestment Officer and Director of Investments oft the Bureau of Workers' Compensation; Members appointed by the governor and staff oft the Retirement Study Commission; and Members and executive directors of the Tobacco Use Prevention and Control Foundation and the Southern Local officials and employees: Elected officials and candidates for city and county offices; Appointees to unexpired terms in any ofthese elected offices; Elected or appointed board members and candidates for school board or educational service center governing board in districts/ESCs with a total student count of 12,000 or more [List); Business managers, treasurers, and superintendents of all school districts and educational service centers; Appointees to the board of education oft the Cleveland Metropolitan School District and any other Members of the board of directors of a sanitary district established under R.C. Chapter 6115 that includes The Financial Disclosure Fact Sheet and Financial Disclosure FAQs further explore the topic of Financial municipal school district; and two municipal corporations in two counties (Mahoning Valley Sanitary District). Disclosure. Why.can'tthe Ethics Commission answer my_question about an investigation? Under state law, the Commission may share information with other law enforcement authorities when relevant and necessary to the conduct of an investigation. Otherwise, the statute deems any complaints, charges, or investigations handled by the Ohiol Ethics Commission private and confidential. The Investigation Confidentiality. at the Ohio] Ethics Commission Fact Sheet provides some more: information on this confidentiality. Can: a township trustee serve as a volunteer firefighter? Yes. Statutes outside the Ethics Commission's jurisdiction specifically permit a township trustee to simultaneously serve as an unpaid volunteer firefighter for his or her own township. However, the Ethics Laws will prohibit a trustee from participating in some matters affecting the fire department's personnel as detailed in How does the Ethics Law apply to investment advisors doing business with Ohio's public In 2004, the Ohio General Assembly enacted amendments to the laws that govern the regulation of Ohio's five public retirement systems. Included arej provisions that attempt toj protect against conflicts ofinterest for certain individuals and entities doing or seeking to do business with the retirement systems through new limitations and requirements to register or file disclosure statements with the State ofOhio. These amendments are detailed in the Township Trustees Serving as Volunteer Firefighters Fact Sheet. retirement systems? the Doing. Business with Retirement Systems in Ohio) Fact Sheet. How does the Ethics Law apply to state board members? The Ethics Law fully applies to board and commission members, and many are Financial Disclosure Statement filers. For more: information please review the Board and Commission Member Do's and Don'ts Fact Sheet and the Board or Commission Member Information Sheet. How does the Ethics Law apply to trustees of public colleges and universities? The Ethics Law fully applies to trustees of public colleges and universities, and trustees are: required to file a Financial Disclosure Statement. For more: information please review the Trustees of] Public Colleges and Universities Fact Sheet and Financial Disclosure Frequently Asked Questions Fact Sheet. Whats special restrictions apply to members oft the Casino Control Commission? The Ethics Law applies to members of the Casino Control Commission, like all public officials and employees. Ita also requires that all members and the Executive Director of the Ohio Casino Control Commission, all the Commission's) professional employees, and all the Commission's technical employees who perform an internal audit function to file annual disclosure statements. Additionally, members and staff ofthe Casino Control Commission fall into the category of public servants who have ai two-year post-employment restrictions. For more information please review Casinos and the Ohio EthicsLaw (Information Sheet #9). How does the Ethics Law apply to county_governments? The Ethics Law applies to officials and employees of county governments as they do to any other Ohio public entity. Cuyahoga County/_(Information Sheet #10) speaks specifically to Cuyahoga County but is equally applicable to any Ohio county. What should our agency's Ethics Policyi include? For your convenience we provide the following ethics policy templates. Please be aware that a public agency cannot create aj policy or rule that is less restrictive than Ohio's] Ethics Law. However, an agency may havea policy or rule that is more restrictive. Model Ethics Policy for Local Agencies Model Ethics Policy for State Agencies Ohio Ethics Commission Seal Ohio Ethics Commission Search Results Close Ohio Ethics Commission 30 West Spring Street L3 Columbus, Ohio 43215-2256 Phone: (614)466-7090 TTY/TDD: (800)750-0750 Fax: (614)466-8368 Email: tncsetncsonogov Site Map I Privacy Policy AccessibililyPolicyl I Terms ofUse I CPI Toggle navigation Ohio Ethics Commission Home About Advice Education Financial Disclosure Forms Investigation Press Contact Search OEC... Immunity o Blank Financial Disclosure Statements R.C.102.04(D) Statement All three kinds of Ethics Commission opinions provide immunity to individuals who receive them. Any person who receives a written advisory opinion from the Commission can' "reasonably rely" on the opinion and shall be immune from criminal prosecutions, civil suits, and removal from his or her office or position based on the facts and circumstances covered by the opinion. In other words, ifyou receive an advisory opinion from the Commission, you receive immunity for the facts and circumstances described in the opinion provided that you: 1. Have fully disclosed all relevant facts; and 2. Comply with the guidelines applied in the opinion. Individuals in similar situations to those described in a previous opinion can also rely on the opinion and receive the same immunity. Ohio Ethics Commission Seal Ohio Ethics Commission Search Results Close Ohio Ethics Commission 30 West Spring Street L3 Columbus, Ohio 43215-2256 Phone: (614),466-7090 TTY/TDD: (800)750-0750 Fax: (614)466-8368 Email: thes@ctheschogoy Site] Map I PrivacyPolicy 4 Accessibility Policy Terms ofUse ICPI COMMIS OHIO ETHICS COMMISSION William Green Building 30 West Spring Street, L3 Columbus, Ohio 43215-2256 Telephone: (614)466-7090 Fax:(614)466-8368 www.cthics.cho.poy 47 BULLETIN- GIFTS AND ENTERTAINMENT FEBRUARY71,2013 I. INTRODUCTION paid, who is elected or appointed to a full time or part time position. Public officials and employees at all levels of Commission for guidance about what they can state and local government ask the Ethics Whoi is a' "public employee"? and cannot accept as gifts and entertainment from Aj public employee is any person, paid or family, friends, acquaintances, and other persons. unpaid, and regardless of! how much money he This bulletin provides guidance and explains the or shei is paid, who is employed by aj public law prohibiting acceptance of gifts in many agency in ai full time or part time publicj job. circumstances." II. ACCEPTING What does thel law prohibit? GIFTS/ENTERTAINMENT Ohio's Ethics Law prohibits all public officials To know whether you can accept a gift, meal, and all public employees from soliciting or or entertainment, you need to determine both: accepting a gift of a substantial value, including entertainment, from any "prohibited source." A "prohibited source" is any person, company, organization, or other entity that has any of these The value oft the item; and The source of the item. relationships with the public agency an official or Ift the gift is substantial in value and is from one employee serves: agency; of the prohibited sources described earlier, you However, you can accept a gift of nominal value from any giver. Gifts of nominal value include promotional items, such as a t-shirt, must return it to the giver. Doing or seeking to do business with the Regulated by the agency; or Interested ini matters before the agency. A public official or employee also cannot or her public job duties from any source other mouse pad, or a coffee mug. accept compensation for the performance ofl his Personal Friendship than their public employer. Whoi is a "public official"? You can also accept a gift of any value if the giver is not a "prohibited source." For example, you can accept a gift ifit is clear that the gift is motivated by the giver's family Aj public official is any person, paid or unpaid, relationship or a personal friendship with you, and regardless ofh how much money he or she is rather than by your public position. Relevant factors to consider include?. This reminderi is prepared for informational purposes only. Itis not: an opinion of the Commission. For guidance in as specific situation, please contact the Commission. Gift Bulletin Page 2 The duration and nature of the pre- existing private relationship; Whether it has been common for you to exchange gifts with the giver before you became aj public official or employee; sports team, and travel, meal and lodging expenses are also of a Remember that you cannot accept gives you cash or a cash-equivalent (such as a substantial value.3 Whether the giver personally paid for compensation from anyone other than the the gift or identified it for business agency you serve. This means that if a vendor Whether, to your knowledge, the giver gift card) as a "thank you" for your public reimbursement; and also gave the same or similar gifts to duties, you must return it. other officials or employees of your agency. Gifts from Vendors II. FINANCIAL DISCLOSURE Ify you are required to file a financial disclosure statement with the Ethics Commission, then You are prohibited from accepting a gift or you may have to disclose sources of gifts you entertainment, of a substantial value, from a have received. vendor to your agency. However: Most filers must disclose gifts over You need to disclose all sources of gifts over the threshold amount = even ift the person who gave it to you is a personal friend or does not have any connection with your public agency. You do not need to disclose the amount orr nature oft the gift. You do not need to disclose the source ofag gift ifit was given to you by any of the following family members: Spouse, parents, siblings, or Grandparents or grandchildren; Nephews, nieces, uncles, or aunts; Brothers-in-law, sons-in-law, fathers-in-law or mothers-in-law; or Any person to whom you stand in loco parentis (that is, you serve as The Ethics Law does not prohibit you from socializing with anyone. If you are going to a restaurant with a vendor to your agency, and the cost of the meal will be substantial, you should If you are invited to attend an open house hosted by one of your agency's vendors, in most cases, you would be able to accept the invitation because the per-person value of an open house is unlikely tol be substantial. Ifyou are invited to attend an expensive event hosted by a vendor, or an event that includes expensive tickets (such as a sporting event, concert, theater performance, or any similarly valued event), you should either: (a) decline the invitation; or (b) pay the per-person cost to attend the event and the greater oft the face value of, or the amount the giver The Commission has said in prior $75.4 pays your own way. children; sisters-in-law, daughters-in-law, paid for, the tickets. their parent). advisory opinions that meals at You also don't have to disclose any gift you expensive restaurants, exclusive golf received by distribution from any trust outings, season tickets to games of a established by your spouse or other relative. This reminder is prepared for informational purposes only. Itis not an opinion of the Commission. For guidance in a specific situation, please contact the Commission. Gift Bulletin- Page 3 IV. ASSISTANCE AND QUESTIONS Ifyou have any questions, please contact the Ethics Commission: Telephone: 614.466.7090 [Ask for an advisory attorney.] - Monday to Friday, 8:00. AM to 5:001 PM Website: www.cthics.ohiogoy [Use the search term "gifts"] See Ethics Commission Information Sheet #7. "Accepting Gifts.] Meals. Entertainment, or Other See generally 5C.F.R. 2635.204(b), concerning similar standards applicable to employees of the 3See, e.g., Adv. Ops. No. 89-014 (travel, meals and lodging); 95-001 (professional sports tickets); and Some filers are only required by the General Assembly to disclose sources of gifts over $500, such as college or university trustees, or officials or employees ofa city, school district, educational service center, or sanitary district ift their public position is paid less than $16,000. For guidance on whether this threshold applies to you, please contact Things ofValue" federal government. 2001-03 (golfoutings). thel Ethics Commission. This reminder is prepared fori informational purposes only. Itis not an opinion oft the Commission. For guidance in a specitics situation, please contact the Commission. Ben) Rose, Chair Shirley Mays, Vice Chair Merom Brachman Betty Davis Steven Dettelbach Ann Marie' Tracey David E. Freel, Executive Director THICS OHIO ETHICS COMMISSION 8E East Long Street, 10th Floor Columbus, Ohio 43215 Telephone: (614) 466-7090 Fax: (614)466-8368 www.cthicsahio.goy INFORMATIONSIEET: ADVISORY OPINIONNO. 2009-03 TICKETS TOCHARITABLE EVENTS What are the questions addressed in the opinion? Ifa company provides a public official or employee with a ticket to a charitable fundraising dinner, is the public official or employee required to reimburse the company for the ticket? Ifso, what should the amount oft the reimbursement be? What are the answers in the opinion? Ifa company provides a public official or employee with a ticket to a charitable fundraising dinner, the public official or employee can accept the ticket and is not required to reimburse the company for the ticket provided that the meal is of an ordinary character and no other thing of value is provided to the public official or employee. Ift the official or employee chooses to reimburse the company, the amount to be reimbursed is the value ofthe meal: rather than the ticket price oft the item. To whom does this opinion apply? The conclusions in this opinion apply to all individuals who are elected or appointed to, or employed by, any public agency, including but not limited to any state agency, county, city, township, school district, public library, and regional authority, regardless of whether the person is: (1) compensated or uncompensated; (2) serving full time or part time; or (3) serving in a temporary or permanent position. When did the conclusions in the opinion become effective? The opinion became effective when rendered by the Commission at its meeting on July14,2009. For More Information, Please Contact: David E. Freel, Executive Director, or Jennifer A. Hardin, Chief Advisory Attorney (614)466-7090 THIS COVER SHEET IS PROVIDED FOR INFORMATION PURPOSES. ITI IS NOT AN ETHICS COMMISSION ADVISORY OPINION. ADVISORY OPINION NO. 2009-03 IS ATTACHED. Promoting Ethics in Public Service for Ohio since 1974 Ben Rose, Chair Shirley Mays, Vice Chair Merom Brachman Betty Davis Steven Dettelbach Ann Marie' Tracey David E.) Freel, Executive. Director ETHICS COMM OHIOI ETHICS COMMISSION 81 East Long Street, 10" Floor Columbus, Ohio 43215 Telephone: (614) 466-7090 Fax: (614)466-8368 www.ethicsohio.goy Advisory Opinion Number 2009-03 July 14, 2009 Syllabus by the Commission: (1) Division (E) of Section 102.03 of the Revised Code prohibits a public official from soliciting or accepting anything of value that is of such as character as to have a substantial and improper influence on the official (2) A gift of substantial value from an "improper source" (a person or entity that that is doing or seeking to do business with, interested in matters before, or regulated by the public agency a public official serves) is of such as character as to have a substantial and improper influence on the (3) R.C. 102.03(E) does not prohibit a public official from accepting a ticket to a charitable fundraising dinner where the meal is of an ordinary and routine character and no other thing of value is provided at the event, even (4) Even though the public official is not prohibited from attending the event, he or shei mayo choose to reimburse the source: an amount equal to the value with respect to the performance ofhis or her duties; official who receives it; ifthet ticket is provided by an "improper source"; ofthe meal. The Ohio Ethics Commission has been asked about the application of the Ethics Law when a company that is doing business with a public agency would like to invite an official of the agency to attend a charitable fundraising dinner. The specific question is, if the official wants to attend the event and reimburse the company for the cost of the event, whether the cost of the event is: (1) the ticket price; or (2) the value of the meal and any other thing of value received by the official. The company often supports charitable organizations by purchasing seats or a table at fundraising lunches and dinners. The company would like to invite an official connected with one of its public sector clients, such as a school administrator or public hospital official, to attend the event as its guest. Promoting Ethics in Public Service for Ohio since 1974 Opinion No. 2009-03 July 14, 2009 Page2 2 These events are described as "no frills" non-exclusive charitable events that are open to any member oft the public who is willing to pay for a ticket or ai table. The events do not include: (1) speeches by high-ranking political figures or celebrities; (2) golf outings or sporting events; or(3) showsi that provide a significant entertainment value. The typical scenario involves a charitable luncheon where the company purchases a ten- person table for $1,000. Federal tax law requires the charity to inform purchasers what portion oft the table's cost represents the value oft the benefit, goods, or services received (i.e., the meal) at the event. The remainderi is available to the purchaser as at tax-deductible charitable donation. BriefAnswer As explained in this opinion, R.C. 102.03(E) does not prohibit the official from attending the fundraising dinner as the guest of a vendor provided that the only thing provided to the official is a meal of an ordinary and routine character. If the official wants to reimburse the company, he or she can pay the company the value of the meal. To determine the value of the meal, the official should ask the event sponsor what portion of the ticket price is not a tax- deductible charitable contribution. SalicitingarAccepting, Things of Value Froma Vendor-J R.C.102.03E) R.C. 102.03(E) provides: No public official or employee shall solicit or accept anything of value that is of such a character as to manifest a substantial and improper influence upon the "Public official or employee" includes any person who is elected or appointed to an office or is an employee of any department, division, institution, board, commission, authority, bureau or other instrumentality of the state, a county, city, village, or township, the five state retirement systems, or any other governmental entity. See R.C. 102.01(B) and (C). See, also, Ohio Ethics Commission Advisory Opinions No. 2000-04 and 2001-04. All officials and employees of a public hospital, and most officials and employees of public school districts, are "public officials or employees." (Teachers and other educators who do not perform, or have the authority to perform, administrative or supervisory authority, are not "public officials or public official or employee with respect to that person's duties. employees.") See, generally, Adv. Op. No. 99-002.' "Anything of value" as defined in R.C. 102.03(G) and 1.03, includes money, gifts, and every other thing of value. A ticket to a charitable fundraising event, as well as dinners, receptions, retreats, cash, gift cards, tickets to sports or entertainment events, and trips are all within the definition ofanything of value. Adv. Op. No. 2009-01. This opinion uses "public official" to refert to both public officials and public employees. Opinion No. 2009-03 July 14, 2009 Page3 A thing of value is "of such a character as to manifest a substantial and improper influence" on a public official or employee if it could impair the official's objectivity and independence of judgment with respect to his or her public duties. Adv. Ops. No. 91-010 and 95-001.2 It is unnecessary that the thing of value actually has a substantial and improper influence on the official provided that iti is of such a character that it could have an influence. Id. A' "thing of value" will have a substantial and improper influence on aj public official ifit could impair the official's or employee's objectivity and independence ofj judgment because: (1) iti is of a substantial nature or value; and (2) it is from a source that is doing or seeking to do business with, regulated by, or interested in matters before the official's agency. Adv. Ops. No. 2004-03 and 2009-01. See, also, Ohio Sup.Ct., Bd Comm'rs on Grievances and Discipline, CPR Op. 98-10 (1998) (acceptance of a thing of value by a judge is improper "in the presence of all three variables: 1)a thing of value, 2) substantial influence, and 3) improper influence"). When determining whether a thing of value could have an improper influence upon a public official, the focus is primarily upon the source of the item. Adv. Op. No. 86-011. Ifa public official accepts a thing of substantial value from a person or entity. that is interested in, regulated by, or contracting with the public agency he or she serves, the thing of value can manifest a substantial and improper influence upon the official by impairing the independence and objectivity ofk his or her judgment in matters that affect the giver. Adv. Ops. No. 84-010 and 2001-03. These sources are "improper sources." When determining whether a thing of value could have a substantial influence upon a public official, the focus is] primarily on the nature oft the thing ofvalue. Adv. Op. No. 2001-03. The Commission explained: [A] thing of value could have a substantial" influence upon a public official or employee, with respect to the performance of] his or her duties. if the thing of substantial" was commonly used to mean 'of or having substance, real, actual, value is of a 'substantial" nature. Adv. Op. No. 86-011. true; not imaginary; ofconsiderable worth or value; important.' [The word An item that is nominal or de minimis in value is not of such a character as to have a substantial influence on aj public official, even ifit is provided to the official by an improper source. Adv. Op. No. 2001-03.3 ?R.C.1 102.03(E), thes statute under consideration in this opinion, was not enacted until 1986, after Advisory Opinion No. 76-005 was adopted. R.C. 102.03(D) was amended at the same time R.C. 102.03(E) was adopted. However, the phrase "of such a character as to manifest as substantial and improper influence" was not revised in or removed I However, even nominal or de minimis items can have a substantial cumulative value if given over an extended from] R.C. 102.03(D), and was used again inl R.C. 102.03(E). period oft time. Id. See, also, Adv. Ops. No. 86-003, 89-014, and 92-015. Opinion No. 2009-03 July14, 2009 Page 4 The Supreme Court of Ohio Board of Commissioners on Grievances and Discipline has reached a similar conclusion. When considering whether R.C. 102.03(D) and (E) prohibit a judge from accepting a gift or other things of value, the Board of Commissioners stated: There is substantial influence if the thing of value is more than de minimis. There is improper influence if the thing of value is from a party that is interested in matters before, regulated by, or doing or seeking to business with the public official's or employee'sa agency. Ohio Sup.Ct., Bd Comm' rs on Grievances and Discipline, CPR Op. 98-010(1998). Application to) Presented Facts A vendor to a public agency is an improper source of things of substantial value to officials of the agency. Therefore, before attending a fundraising event as the guest ofa vendor, an official must determine whether thei nature ofthe gift is substantial. The purchaser of a ticket to a charitable event is entitled to take a tax deduction for whatever portion of the purchase price is more than the benefit received. The charitable organization must inform the purchaser which portion of the purchase price is a donation and which portion represents the fair market value of any benefitreceived. Ift the event is ai meal, and the organizer provides no other benefit to the individuals who attend the meal, the organizer will be required to tell the purchaser what portion of the ticket price is the fair market value of the meal. If the event includes entertainment of a significant value, such as a golf outing, concert, sporting event, or appearance by a high-profile celebrity speaker or entertainer, the organizer will be required to tell each purchaser what portion of the ticket price is the fair market value oft the meal and the entertainment. However, R.C. 102.03(E) does not prohibit aj public official from accepting ai meal from a "prohibited source" provided that the meal is not extravagant or lavish. Adv. Op. No. 2002-02. As applied to this situation, even though the company providing the ticket is doing business with the public agency, R.C. 102.03(E) does not prohibit an official of the agency from attending the charitable event, and receiving a meal of an ordinary character, as the guest of the company. Given all of the facts and circumstances, the meal is not of such a character as to manifest a substantial and improper influence on the public official.* +Ina addition tot the Ethics Law, public officials and employees may be subject to ordinances, rules, policies, or other guidelines governing their public agency that further restrict their acceptance ofg gifts. For example, Executive Order 2007-01S prohibits state employees from accepting gifts valued at over $20 from any persons other than family members or close personal friends who are not vendors or grantees oft thes state. Opinion No. 2009-03 July 14, 2009 Page5 Even though the official is not prohibited from attending the event as the guest of the company, he or she can choose to pay the firm the value of the meal received. The official can use the fair market value amount communicated by the organizer to determine the amount of the repayment. Itis not necessary that the public official or employee pay the entire purchase price oft the ticket. Disclosure ofGifts on a Financial Disclosure Simtement-RC.102.02 The financial disclosure requirement is set forth in R.C. 102.02(A). All public officials who are required to file financial disclosure statements must disclose the sources of gifts. Most filers are required to report, as the source of a gift, any one who gives the filer a gift, or gifts, whose total value is more than $75. R.C. 102.02(A)(7). A smaller number of filers, including elected officials who are serving with political subdivisions inj positions paid less that $16,000 a year and university trustees, are required to disclose, as the source of a gift, any one who gives the filer a gift, or gifts, whose total value: is more than $500. R.C. 102.022. Ifaj public official attends an event as a guest of any person, that person is the source ofa gift tot the official. Ifthe value of the event exceeds the threshold for disclosure, the official must disclose the source oft the gift onl his orl her financial disclosure statement. The Ethics Commission has stated that fair market value should be used to determine the value of the gift for purposes of the disclosure requirement. Adv. Op. No. 96-003. A public official must, in good faith, value the gift at or above its minimum fair market value, which is the lowest price at which he or she could have purchased a comparable benefit in the same geographical area within the same general period oft time. Id. In the example provided in this opinion, the benefit received by the public official is the meal. The value of the meal can be determined by relying on the organizer of the event, which has an obligation to properly inform ticket purchasers of the fair market value of any benefit they will receive. Because the fair market value of the meal willl bel less than the amount the company paid for the ticket, the public official receives a gift of the value oft the meal, rather than the cost ofthe ticket, for reporting purposes. Ifthe fair market value of the meali is less than the threshold for disclosure of gift sources, the public official will not have to disclose the organization as the source ofag gift. 5 The Commission notes that the. Joint Legislative Ethics Committee (JLEC) has reached a different conclusion regarding tickets to charitable fundraisers. In JLEC. Advisory Opinion No. 00-002, the Committee concluded that, when ai member or employee of the General Assembly is given a ticket to a charitable fundraiser by a third party who purchased the ticket, the ticketi is a gift and the value oft the ticketi ist the face value. Opinion No. 2009-03 July 14, 2009 Page 6 Itisi important to note that the issue of disclosure is secondary to the issue ofwhether the acceptance of a thing of value is proper. Aj public official must consider whether the acceptance of the thing of value is] prohibited by R.C. 102.03(E), as described above, regardless of whether the official is required to file a financial disclosure statement or disclose the. specific thing of value. A public official or employee is subject to R.C. 102.03(E) even if he or she is not required to file ai financial disclosure statement. Conclusion This advisory opinion is based on the facts described in the opinion. It is limited to questions arising under Chapter 102. and Sections 2921.42 and 2921.43 of the Revised Code, and does not purport to interpret other laws or rules. Therefore, it is the opinion of the Ohio Ethics Commission, and you are advised as follows: First, (1) Division (E) of Section 102.03 ofthe Revised Code prohibits aj public official from soliciting or accepting anything of value that is of such as character as to have a substantial and improper influence on the official with respect to the performance of his or her duties. Second, a gift of substantial value from an "improper source" (a person or entity that that is doing or seeking to do business with, interested in matters before, or regulated by the public agency a public official serves) is of such as character as to have a substantial and improper influence on the official who receives it. Next, R.C. 102.03(E) does not prohibit aj public official from accepting a ticket to a charitable fundraising dinner where the meal is of an ordinary and routine character and no other thing of value is provided at the event, even if the ticket is provided by an "improper source." Finally, even though the public official is not prohibited from attending the event, he or she may choose to reimburse the source an amount equal to the value oft the meal. By my signature below, Ic certify that Advisory Opinion No. 2009-03 was rendered by the Ohio Ethics Commission at it meeting on. July 14, 2009. bbkh Ben Rose, Chair Ohiol Ethics Commission Merom Brachman, Chairman Megan C. Kelley, Vice Chair Bruce E.] Bailey Julie. A. Rutter Elizabeth E. Tracy Mark A. Vander Laan Paul M.I Nick Executive. COMMIS OHIOI ETHICS COMMISSION William Green Building 30 West Spring Street,L3 Columbus, Ohio 43215-2256 Telephone: (614) 466-7090 Fax: (614) 466-8368 www.ethics.chio.goy of ATEOF Director INFORMATION SHEET: ADVISORY OPINION NO.2020-03 ATTENDING CEREMONIAL EVENTS Whati is the question in the opinion? Can aj public official or employee attend a ceremonial event in an official or honorary capacity? What is the general restriction? R.C. 102.03(D) and (E) prohibit a public official or employee from soliciting, accepting, or using his or her position to secure an invitation to an event of substantial value from any party that is doing or seeking to do business with, interested ini matters before, or regulated by his or her public R.C. 2921.43(A) prohibits a public servant from soliciting or accepting any compensation, other than as allowed by law, toj perform his or her official duties, to perform any other act or service in his or her public capacity, for the general performance of the duties ofhis or her public office or agency. public employment, or as a supplement tol his or her public compensation. What is the exemption? Neither R.C. 102.03(D) and (E): nor R.C. 2921.43(A) prohibit aj public official or employee from attending a ceremonial event, such as the opening of a new exhibit, ground-breaking or ribbon- cutting, or other similar event, in his or her official capacity, where the official or employee is performing a ceremonial or honorary function appropriate tol his or her public position. Towhom do the conclusions in this opinion apply? The conclusions apply to any similarly situated state or local public officials and employees. When did the conclusions in this opinion become effective? The opinion became effective upon acceptancel by the Commission. THIS COVER SHEET IS PROVIDED FOR: INFORMATION PURPOSES. ITI ISNOT AN ETHICS COMMISSION ADVISORY OPINION. ADVISORY OPINION NO. 2020- 03 IS. ATTACHED. Promoting Government, Ethics in Ohio since 1974 Formal Opinion No. 2020-03 October 2, 2020 Page 4 that therel be an exchange, i.e., onej person gets something from another. (Emphasis "Compensation" also includes the payment of aj public servant's expenses incurred in the performance of a public servant's official duties.19 For example, the Ethics Commission has explained that a public employee is prohibited from accepting the reimbursement of expenses for travel, meals, and lodging from any entity ifthe expenses are paid inc connection with thej performance added). ofhis orl her official duties.20 The Ethics Commission has explained that aj public servant cannot solicit or accept, and persons cannot give to a public servant, compensation" that isi intended to be given in exchange for any ofthei following purposes: (1)to perform his or her official duties; (2) toj perform any other act or servicei inl his or her public capacity; or( (3)asa as supplement tol his orher public compensation. For example, in Advisory Opinion No. 2019-01, the Commission said that a community association would not be prohibited from honoring aj public employee by providing him or her with a personalized framed certificate that would provide only sentimental value to the recipient. Under such circumstances, the ceremonial gift would not be considered "compensation" or payment for his or her services as aj public servant. The Commission cautioned, however, that the public employee would bej prohibited from accepting a monetary award from the community association for the public work he or she performs because the award would be "compensation" other than as allowed by law fort the general performance of his or her public duties and as a general supplement to his or her public compensation.21 Attending Ceremonial Events In its informal precedents, the Commission has said that under certain circumstances the Ethics Law would not prohibit a public official or employee from accepting an invitation, along with complimentary admission tickets that include special access tours, food, and beverages, from an otherwise prohibited source to attend a ceremonial event, such as the opening ofar new exhibit, a ground-breaking or ribbon-cutting ceremony, or other public event, where the official or employee is present in a ceremonial role or honorary capacity.22 A ceremonial role means an act performed at an event by the official as a representative of the official's agency at the request of thel holder of the event where, for a period of time, the focus of the event is the act performed by the official.23 In Informal Opinion No. 2005-INF-1109, the Commission considered whether local officials could accept four regular tickets and special access tours to attend an event at the local ZOO. The Commission determined that accepting thet tickets would: not be ofs such a character as to manifest a substantial and improper influence upon thej performance oftheir public duties because the value of the tickets ($6.50 each or a total of$26.00) was nominal andi not substantial in value. The Commission also determined that accepting these tickets would not violate R.C. 2921.43(A) because they were not provided by the ZOO as compensation for the performance of the public Merom Brachman, Chairman Megan C. Kelley, Vice Chair Bruce E. Bailey Julie A. Rutter Elizabeth E. Tracy Mark. A. Vander Laan Paull M.1 Nick Executive. Director COMMIS OHIO ETHICS COMMISSION William Green Building 30 West Spring Street, L3 Columbus, Ohio 43215-2256 Telephone: (614)4 466-7090 Fax: (614) 466-8368 www.ethics.ohio.poy ATEOF Formal Advisory Opinion Number 2020-03 October 2,2020 Ceremonial Events Syllabus by the Commission: (1) Divisions (D) and (E) of Section 102.03 of the Revised Code prohibit a public official or employee from soliciting, accepting, or using his or her position to secure an invitation to an event of substantial value, from any party that is interested in matters before, regulated by, or doing or seeking (2) R.C. 2921.430A)prohbiIs aj public servant from soliciting or accepting any compensation, other than as allowed by law, to perform his or her official duties, to perform any other act or service inj his or her public capacity, for the general performance of the duties ofl his or her public office or public employment, or as a supplement to his or her public compensation. (3) Neither R.C. 102.03(D) and (E) nor R.C. 2921.43(A) prohibit a public official or employee from attending a ceremonial event, such as the opening ofai new exhibit, ground-breaking or ribbon-cutting, or other similar event, in his orl her official capacity where the official or employee is performing aceremonial or honorary function appropriate to his orl her public position. (4) The following criteria will help identify when attendance at a ceremonial event is objectively related to the public official's or employee's public a) The event is clearly presented as ceremonial ini nature; b) The event is formally scheduled, advertised, and open to the public c) The official or employee is invited to attend the event as a d) The event is related to the work of the public agency the invited e) Thea attendingi publicofficial or employeisperfoming: a designated ceremonial or honorary function appropriate to his or her public f) The attending public official or employee stays at the event for the time reasonably necessary to perform his or her official duties. to do business with his or her public agency. position: and media; representative ofhis or her public agency; public official or employee serves; position; and ****** Promoting Government. Ethics in Ohio since 1974 Formal Opinion No. 2020-03 October 2, 2020 Page 2 In Advisory Opinion No. 2019-01, the Ohio Ethics Commission considered whether a public official or employee could accept a ceremonial gift, such as aj personalized plaque, picture, framed certificate, ort trophy. The Commission has alsol been asked: ifap public official or employee is prohibited from accepting an invitation to attend a ceremonial event where the official or employeei isp performing a ceremonial orhonorary function. This opinioni nisarestatement ofseveral informal advisory opinions previously issued by the Commission. The purpose of this formal opinion is toj provide context, further clarification, and guidance to other similarly situated public officials and employees. Accepting Anything ofValue 102.03(D) and (E), which state:l Persons who are elected, appointed, or employed by a public agency are subject to R.C. (D) Noj public official or employee shall use or authorize ther use oft the authority or influence of office or employment to secure anything of value or the promise or offer of anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or (E) Noj public official or employee shall solicit or accept anything ofvalue that is of such a character as to manifest a substantial and improper influence upon thej public official or employee with respect to that person's duties. The term "anything of value" is defined, for purposes ofR.C. 102.03, to include money, goods and chattels, and every other thing of value.2 Gifts, meals, travel expenses, and employee with respect to that person's duties. entertainment are things of value for purposes ofR R.C. 102.03.4 At thing ofvaluei is "ofsuch ac character as toi manifest a substantial and improperi influence" on a public official or employee ifi it is "of such a quality, nature or kind that it could have a substantial andi improper influence on1 thej public official or employee"with respect to that person's duties.5 The Commission has explained that it is unnecessary that the thing of value actually influences the official or employee provided that it is of such a character that it could have a substantial and improper influence upon him or her.6 The Commission has determined that a "thing ofvalue" will have a substantial and improper influence on aj public official or employee if it could impair his or her objectivity and independence ofjudgment with respect to the person's duties because: (1) it is of a substantial nature or value (including entertainment activities, such as exclusive golfoutings and season tickets to the games ofaj professional sports team); and (2) itisf from a source that is doing or seeking to do business with, regulated by, orinterestedi ini matters before the agency the official or employee serves.8 In addition to these sections, R.C. 102.03(F) prohibits any person," from promising or giving to aj public official or employee anything ofv value that is ofs such a character as to manifest as substantial and improper influence upon the public official or employee with respect to his or her duties. 10 Formal Opinion No. 2020-03 October 2, 2020 Page3 The application of R.C. 102.03 is dependent upon the facts and circumstances of each For example, in Advisory Opinion No. 2019-01, the Commission determined that an unsolicited, ceremonial gift given to a public official or employee that has little intrinsic, marketable, or utilitarian value and is intended for presentation, such as a personalized plaque, picture, framed certificate, trophy, or similar item is generally not ai thing of a substantial value. 12 The Commission noted that whilei thist type ofac ceremonial gift canl be desirablei to aj public official or employee fori its sentimental value, iti is not a valuable thing or benefit that is ofsuch a character as to have a substantial and improper influence on the official or employee in the performance of his or her public duties. 13 Therefore, aj public official is not] prohibited from accepting these types of ceremonial gifts. The Commission cautioned, however, that some ceremonial gifts would not come under this exemption even ifthey are unsolicited and personalized. Examples would include aj plaque, picture, or trophy that: has general desirability or marketability as a valuable object of art or a collectible item; has significant utilitarian value; or incorporates materials of significant value, such as precious metals or gems. The Commission stated that under these circumstances, even though the item is intended as a ceremonial gift, it would be a valuable thing or benefit that is ofs such a character as toi improperly influence the official or employee int thej performanceofhis individual situation."1 orl her public duties. 14 Supplemental Compensation no person shall give a public servant: R.C. 2921.43(A)(1), provides that no public servant shall knowingly solicit or accept, and Any compensation, other than as allowed by divisions (G), (H), and (I) of section 102.03 of the Revised Code or other provisions of law, to perform the public servant's official duties, to perform any other act or service in the public servant's public capacity, for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation. 15 The term "public servant" is defined to include any elected or appointed officer, employee, or agent oft the state or any political subdivision. 16 The word "compensation" is not defined in R.C. 2921.43.17 The Ethics Commission has explained that "compensation". refers to wages, remuneration, and payment for services provided inexchange for an acti thati is clearly within thej performance ofthej public servant'sofficial. duties. 18 As the Jackson County Court of Common Pleas explained in State V. Livesay (1998), 91 Ohio Misc. 2d 208 at 214: Compensation" generally means an exchange in return for or to requite some obligation, tit for tat, sO to speak. The legislature could have used the phrase "anything of value" or "payment," but chose the word "compensation" to require Formal Opinion No. 2020-03 October 2, 2020 Page 5 officials' publicj job duties. The Commission stated that generally thel Ethics Law does prohibit the ZOO from offering or giving large numbers of public officials and employees free admission ifthe Zoo is doing or seeking to do business with, regulated by, or interested in matters pending before the public agencies they serve. However, the Commission said that the Ethics Law does not prohibit the ZOO from: (1) inviting a public official or employee to attend the opening of a new exhibit, ground-breaking or ribbon-cutting for new ZOO facilities, or other similar event, in his or her official capacity, particularly where the official or employee is performing a ceremonial function; or (2) making free or reduced-cost admission to the ZOO available to a large class of public officials or employees, such as all public servants for all public agencies ini the county,just as it might for private sector employees.2 In Informal Opinion No. 2007-INF-0914, the Commission considered whether a regional airport authority could provide four tickets to the air show that it was hosting to state and local public officials and employees of agencies that either provide funds to or regulate the airport authority. The total value of the tickets and meals provided to each public official or employee would be over $250.00. The Commission explained that while, usually, the conflictofinterest. law would prohibit the airport authority from giving, and the public officials and employees from accepting, the tickets and other benefits totaling over $250,25 that law does not prohibit an otherwise improper source fromj providing aj public official or employee the opportunity to attend an event in a ceremonial or honorary capacity. The Commission suggested that the airport authority send al letter inviting the officials to attend or be co-hosts oft the event in a ceremonial or honorary capacity and explain the functions that the airport authority intends the officials will perform. Under these circumstances, the Commission determined that the tickets and meals, although valued at over $250, would not be of such a character as to manifest a substantial and improper influence upon the performance of the official's and employee's public duties because they were present in order to perform specific ceremonial or honorary functions at the event.6 The Commission added, however, that ifa any public official or employee would like tol have family members accompany them to the air show, the official or employee would bei required toj pay fair market value for their family members' admission to the event and any other items of value provided. To provide further clarity and guidance, the following criteria will help identify when attendance at a ceremonial event is objectively related to the official's or employee's authorized duties: a) The event is clearly presented as ceremonial ini nature; b) The event is formally scheduled, advertised, and open to the public and media; ) The official or employee is invited to attend the event as a representative of his or her d) Thee eventi isi related to the work ofthej public agency thei invited public official or employee e) The attending public official or employee is performing a designated ceremonial or f) The attending public official or employee stays at the event for the time reasonably public agency; serves; honorary function appropriate to his or her public position; and necessary to perform his or her official duties. 27 Formal Opinion No. 2020-03 October 2, 2020 Page 6 When these circumstances are present, therei is no potential conflict ofinterest because thej public official or employeeisreprtsenting: thej public agency they serve, and their presence servesa apublic purpose. Conclusion Limited to questions arising under Chapter 102 and Sections 2921.42 and 2921.43 ofthe Revised Code, it is the opinion of the Commission and the Commission advises that both R.C. 102.03(D) and (E) and R.C. 2921.43(A) prohibit a public official or employee from soliciting, accepting, or using his or her position to secure an invitation to an event of substantial value, from any partyt thati isi interested ini matters before, regulated by, or doing or seekingt to dol business with his or her public agency. However, neither R.C. 102.03(D) and (E) nor R.C. 2921.43(A) prohibit a public official or employee from attending the opening of a new exhibit, ground- breaking orribbon-cutting, or other similar event, in his or her official capacity where the official or employee is performing a ceremonial or honorary function appropriate to his or her public position. The following criteria will help identify when attendance at a ceremonial event is objectively related tot the public official's or employee's public position: (a) The event is clearly presented as ceremonial in nature; (b) The event is formally scheduled, advertised, and open to thej public and media; (c) Theo official or employeei is invited tos attend the event as ai representative ofhis or her public agency; (d) The event is related to the work oft thej public agency thei invited public official or employee serves; (e) The attending public official or employee is performing: a designated ceremonial orl honorary function appropriate tol his or her public position; and (f) The attending public official or employee stays at the event for the time reasonably necessary to perform his or her official duties. ferom Brachman Merom Brachman, Chairman Ohio Ethics Commission The Ohio Ethics Commission Advisory Opinions referenced in this opinion are available on the Commission's Web site: www.cthics.oho.gov Seel R.C. 102.01(B) and (C). 2R.C. 1.03; 102.01(G). 3But see. R.C. 102.03(I) and OAC 102-03-08, which apply tot travel connected with ac conference, seminar, or similar event that is related toi the public official's or employee's official duties. 4Ohio Ethics Commission Advisory Opinions No. 95-001, 2001-03, 2001-04, and 2009-01. SAdv. Op. No. 76-005 (emphasis in original). 7Adv. Ops. No. 95-001 and 2001-03. 6Id. $Adv. Ops. No. 2001-03 and 2004-03. See also Ohio Sup.Ct. Bd of] Professional Conduct, CPR Op. 98-10 (1998) (acceptance ofat thing of value by aj judge isi improper "in thej presence of all three variables: (1) at thing of value, (2) substantial influence, and (3)i improper influence"). Formal Opinion No. 2020-03 October 2, 2020 Page 7 9A "person" includes any individual, corporation, partnership, association, or other similar entity. R.C.1.59. 10 See Adv. Op. No. 90-001. 11 Adv. Ops. No. 87-008, 89-003, 90-004, and 91-002. 12 See also 5C.F.R2 2635.203(b)(2). 13 See Adv. Op.1 No. 76-005. 14 See R.C. 102.03(F) (prohibiting aj prohibited source from promising or giving anything of substantial value to a 15 There are three specific exceptions tot this provision, set forthi inl R.C. 102.03(G), (H), and (I). The exceptions apply to campaign contributions, honoraria, andt travel expenses and are not relevant tot thei issue of ceremonial gifts. 17 Seel R.C. 102.01(A) (for purposes of Chapter 102. compensation is defined as "money, thing of value, or financial 18 See Adv. Op. No. 2008-01. See also R.C. 1.42 (words andj phrases shall bei readi in context and construed according public official or employee). See also Adv. Op.No. 90-001. 16R.C. 2921.01(A) and (B). benefit"). See also Adv. Ops. No. 92-014: and 2007-03. tot the rules of grammar and common usage). 19 Adv. Op. No. 92-018. 20 Id. 21 See Adv. Op.1 No. 92-015. 22 Informal Adv. Ops. No. 2005-INF-1109 and 2007-INF-0914. 23 itips/vww.lawinsidrcom.lictionanary/ceremonial-role 24 Adv. Ops.) No. 2001-08 and! 2011-08. 25 Seel R.C. 102.03(E) and (F). 26 But see Adv. Op. No. 95-001 (aj public official or employee would bej prohibited from accepting free season tickets 27R.C. 102.02(A)(2)); R.C. 102.022(B) (ift the official stays beyond the time reasonably necessary to perform his or her duties, thent the lawi requires the disclosure oft the source oft the gif(s)ifits value exceeds thet threshold: amount for from: ap professional athletic team that plays its games in a stadium located within the city). disclosure). COMMIS OHIO ETHICS COMMISSION William Green Building 30 West Spring Street, L3 Columbus, Ohio 43215-2256 Telephone: (614) 466-7090 Fax: (614)466-8368 www.thics.chio.goy ATEOFON RESTRICTIONS ON NEPOTISM OR HIRING FAMILY MEMBERS: Ethics Commission Information Sheet #1 I. Introduction II. Summary of the Law prohibit an official from: The Ohio Ethics Law and related statutes are found in Ohio Revised Code (R.C.) Chapter 102. and Sections 2921.42 and 2921.43. These laws generally prohibit public officials and employees from misusing their official positions for their own personal benefit or the benefit of their family members or business associates. The Ethics Law applies to all people who serve as officials and employees for public agencies in Ohio. "Public agencies" include state departments, boards, and commissions, counties, cities, villages, townships, school districts, public colleges and universities, public libraries, port authorities, and all other public entities. The Ohio Ethics Law and related statutes Authorizing the employment ofai family Using the authority or influence of her public position to secure authorization of the employment ofa family member. An official is prohibited from hiring a family member in any employment position, including a full-time, part-time, temporary or permanent position, aj position in the classified or unclassified civil service, or a non-civil service member; and position. The Ohio Ethics Commission was created to administer, interpret, and assist in the enforcement of the Ethics Law for all officials in the state, except members and employees of the General Assembly and judicial officers and employees." In this information sheet, the word "official" indicates any person who serves a public agency, whether elected, appointed, or In most situations, the Ohio Ethics Law and related statutes do not prohibit family members from being employed by the same public agency, asl long as no official has secureda job, or job-related benefits, for her family member. employed. IV. Prohibition Against Authorizing a Family Member's Employment R.C. 2921.42 (A)(1) prohibits a public official from authorizing the employment of a family member. A "public official" is any elected or appointed officer, or employee, of the state or any political subdivision oft the state. II. Purpose of this Information Sheet The Commission prepared this information sheet to explain the Law as it applies to situations where a relative of an official seeks aj job with the public agency she serves. Promoting Government Ethics in Ohio since. 1974 Restrictions on Hiring Family Members, Information Sheet #1 A "member of [an official's] family" includes the following relatives, regardless of where they reside: (1) spouse; (2) children (whether dependent or not); (3) siblings; (4) parents; (5) grandparents; and (6) grandchildren. It also includes any other person related by blood or by marriage and living int the same household. An official has "authorized" the employment of a family member when the employment could not have been awarded without the approval of the official. In other words, under this section, an official is prohibited from making the final decision about whether a family member should be hired. For example, an official is prohibited from voting to hire a family subordinates, to persuade them to hire her family VI. Using Position After Employment The prohibitions in R.C. 2921.42(A)(1) and 102.03(D) continue after an official's family member." member has been employed. R.C. 2921.42(A)(1) prohibits an official from participating in any decision, or using her position to secure any decision, that affects the continuation, implementation, or terms and conditions of a family member's employment. 10 For example, an official is prohibited from participating in matters related to the renewal, modification, or termination ofai family member's member.* public employment. 11 If the official makes the final hiring decisions for the public agency she serves, her family members cannot be employed by the public agency. For example, a county office holder cannot hire a family member and cannot delegate the authority tol hire her family members to a subordinate employee, which means that her family members cannot be hired by her office. However, a person who worked in the office before her relative is elected is not prohibited from continuing to work for the office, as long as the terms and conditions of her employment are not changed through promotion or other actions R.C. 102.03(D) prohibits an official from participating, formally or informally, in any matter that directly affects a family member's employment. 12 For example, R.C. 102.03(D) prohibits an official from securing any employment-related benefits for a family member. For example, a public official is prohibited from participating in matters affecting her family member's employment including: (1) changes in compensation or benefits; (2) assignment of duties; (3) evaluations; and (4) actions involving promotions, disciplinary actions, lay-offs, and removal.13 R.C. 102.03(D) also prohibits an official from influencing the decisions or actions of other officials or employees, particularly subordinates, regarding a family member's job with the public agency or described below. V. Using Position to Secure Job An official is also prohibited, by R.C. 2921.42(A)(1) from using the "authority or influence of" her public position to secure a job forai family member.S Eveni if an official abstains from decisions, the law prohibits the official from discussing, recommending, or otherwiser using the prestige of her office, formally or informally, to anyjob-related benefits. VII. Actions That are Not Prohibited R.C. 2921.42(A)(1) and 102.03(D) doi not prohibit an official from participating in certain matters in which a family member has an indirect interest or from which a family member may get a family member aj job.7 R.C. 102.03(D) also prohibits an official from using her position to secure a job for a family member."R.C. 102.03(D) and (E) prohibit an official from using her influence with other public officers or employees, especially indirectly benefit. Restrictions on Hiring Family Members, Information Sheet #1 A. Approval ofUnion Contract: An official isi not prohibited from approving a union contract whenl her relative: is ai memberofther union, unless the relative serves as a union officer, board member, or on the union negotiating team or the official is covered by health insurance under the B. Matters Affecting a Class: The law generally does not prohibit a public official from voting on an ordinance or resolution to fix the compensation of a class of employees, one of whom is a relative of the official. However, an official is prohibited from voting on an ordinance setting compensation for employees if the ordinance: (a) establishes compensation on a basis other than membership in the class of employees; (b) affects the family member's compensation in a differential manner than other members of the class; or (c) secures, renews, modifies, or renegotiates the terms of the family C. General Appropriations: The law also does not prohibit an official from participating in a general budgetary appropriation that includes money to fund a family member's compensation and benefits, or from participating in budgetary appropriations to a department that employs a family member. However, the appropriation cannot provide the official or employee with the authority or discretion to alter the compensation and benefits for her family member, and must provide compensation and benefits that are identical for all members in the class.16 VIII. Other Considerations Any official whose family member has applied for a job with her public agency should ask hers supervisors, or legal counsel fort thej public agency, whether thej public agency has aj policy or rule regarding employment of family members. (Ap public agency cannot create a policy or rule that is less restrictive than the prohibitions described above. However, a governmental entity can have a policy or rule that is more restrictive contract. 14 than thel Ethics Law.) Finally, while the Ethics Law does not absolutely prohibit relatives from working for the same public agency, questions of fairness and impartiality may arise in such situations. Further, such hires may present the appearance of impropriety to the public, even where the public official fully and completely removes herself from participating in the hiring process, as described above. A public agency may be able to minimize these concerns if the agency conducts all hiring activity in a fair, open, and impartial member's job.15 manner. IX. Penalties The Ethics Law and related statutes are criminal laws. Ifapersoni is convicted ofviolating an ethics law, that person may receive a jail sentence and/or have a fine levied against her. R.C. 2921.42(A)(1) is a fourth-degree felony with a maximum penalty of eighteen months in prison and/or a $5000 fine. R.C. 102.03(D) is a first-degree misdemeanor with a maximum penalty ofs six months inj prison and/or a$1000: fine. X. Conclusion Where an official's spouse is employed by the public agency she serves, and the official is covered under health insurance provided by the agency to her spouse, there is an additional restriction. Ini that case, the official is receiving a thing of value, for purposes of R.C. 102.03(D) and (E). While the official is not prohibited from receiving the health insurance coverage, she is prohibited from taking any action to approve the union contract if it includes health insurance benefits and shei is covered under thosel benefits." 17 Please contact thel Ethics Commission ifyoul have questions about thisi information sheet or the Ohio Ethics Laws. This information sheet is not an advisory opinion, and is not intended to provide advice on specific facts. Copies of the Commission's formal advisory opinions can be obtained from: Ohio Ethics Commission, William Green Building, 30 West Spring Street, L3, Columbus Ohio, 432315-2256; telephone (614) Restrictions on Hiring Family Members, Information Sheet #1 466-7090, and on the Commission's Web site: www.cthcs.hio.goy. Endnotes: 11 The ethics agency withj jurisdiction over ethicsi issues related toi members: and employees oft the General Assembly ist the. Joint Legislative Ethics Committee. The ethics agency withj jurisdiction over ethicsi issues related to judicial officers and employees ist the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court. 2 Ohio Ethics Commission Advisory Opinion No. 80-001. 3A Adv. Op. No. 80-001 4 Adv. Ops. No. 85-015 and 97-004. 5 Adv. Op. No. 85-015. 6 Adv. Ops.) No. 92-012 and 98-003. 7 Adv. Op.) No. 92-012. 8R.C. 102.01(B) and (C); A "public official or employee" includes any person whoi is elected or appointed to an office ori is an employee ofa any public agency. 9A Adv. Op.1 No. 97-004 10 See Adv. Ops.] No. 82-003, 89-005, and 92-012. 11 Adv. Op. No. 92-012. 12 Adv. Ops. No. 90-004, 91-004, and 92-012. 13 Adv. Op. No. 92-012. 14 Adv. Ops.1 No. 89-005, 92-017,a and 98-003. 15 Adv. Op. No.92-012. 16 Adv. Op.1 No.91-004. 17 Adv.Op.No. 92-017. Toggle navigation Ohio Ethics Commission Home About Advice Education Financial Disclosure Forms Investigation Press Contact Search OEC... Blank Financial Disclosure Statements R.C.102.04(D). Statement Frequently Searched Topics Click the link below to review Formal Advisory Opinions on frequently searched topics. To see all formal advisory opinions visit the Formal Advisory Opinion Archive. Conflicts ofInterest 86-007 (interest in private business licensed by board) 87-003 (serving on public board and non-profit board) 88-004 (general and uniform benefits) 89-006 (teaching at college that receives public grants) 91-006 (public official's interest in gas and oil well drilling matters) 91-009 (representation restrictions) 92-013 (participating in infrastructure improvement matters) 92-019 (participating ini road extension matters impacting council member) 93-016 (outside business interests) 96-002 (representation restrictions) 96-004 (conflicts related to private outside employment) 98-002 (matters impacting family member's property) 99-004 (simultaneously serving on ESC: and JVS boards) 2007-01 (council member employed by college) 2011-02 (department director's abstention) 2013-01 (participating ini matters affecting outside employer) 2016-01 (employment with non-profit that receives public assistance) 2018-02 (participation inj property matters) 2021-02 (vote for oneself as presiding officer) Gifts 86-003 (serving as Veteran Home resident's executor) 89-002 (donations toj public entities) 89-014 (travel, meal and lodging matters) 90-001 (travel, meal and lodging matters) 86-011 (travel, meal and lodging matters) (overruled, in part, by Ohio Adm. Code 102-3-08 Appx. A.) 92-014 (grants and regional planning commissions) 92-015 (public employees and discounts) 95-001 (city council and sports tickets) 96-003 (disclosing gifts on financial disclosure statement) 97-001 (public officials and incentives to retire) 2001-03 (public official and substantial things ofvalue) 2001-04 (travel, meal and lodging matters) 2002-02 (meals, open houses & receptions at conferences) 2003-03 (gifts and meals provided to college employees) 2009-01 (gifts from spouse's employer) 2009-03 (tickets to charitable events) 2019-01 (ceremonials gifts) 2020-01 (bequests) 2020-03 (attending ceremonial events) 2023-01 (donations and payments to government entities) Nepotism 80-001 (public contract and family member) 82-003 (school board member voting on spouse's union contract) 85-015 (sheriff obtaining public employment for spouse) 89-005 (school board member voting on spouse's union contract) 90-004 (city council member married to municipal judge) 90-010 (city director or fire chiefauthorizing employment for son at fire department) 91-004 (city council member married to planning commission member) 92-012 (city council member married to city employee) 92-017 (school board member receiving benefits from spouse employed by school district) 97-004 (library employee with family member seeking employment) 98-003 (school superintendent with family members working for district) 2008-03 (definition of family, including stepchildren) 2009-02 (matters involving family member's employer) 2010-03 (nepotism restrictions) Post-Employment 80-008 (former state employee representing client on matter with personal participation) 84-005 (former state employee representing new employer on new matter before former agency) 86-001 (former employee ofI Department of Insurance representing client before former employer) 87-001 (former public employee accepting employment with company under contract with former agency) 87-004 (former public official accepting employment with company receiving public contract/grant he/she 89-003 post-employment restrictions for those who had solid/hazardous waste discretion) (overruled, in part, 82-002 (former state auditor employee representing new employer) 86-006 (former state employees representing new employer) authorized) by Adv.Op.No.91-003) 89-009 (former transit authority employee contracting with transit authority) 91-003 post-employment restrictions for those who had solid/hazardous waste discretion) 92-005 (former assistant law director retained by port authority) 2004-04 (explains the term "proposal, consideration, or enactment" oflegislation) 2011-03 (overview oft the post-employment restrictions) 2012-03 (new revolving door exceptions) 2012-04 (revolving door law exception) 99-001 post-employment restrictions and former county Child Support Enforcement Agency attorneys) Public Contracts 85-004 (acting on public contracts that impact business associates) 85-013 (authorizing public contract to benefit one's own business) 86-009 (securing public property lease tol benefit private employer) 88-007 (authorizing public contracts for spouse' 'sl law firm) 90-005 (school district employees selling goods on' "as needed" basis) 90-007 (county prosecutor and private law practice) 92-002 (acting on public contracts that benefit family member's employer) amendments to. R.C. 2921.421, R.C.. 309.06, and R.C. 733.621) 92-008 (township employee also employed at bank used by township) 94-002 (public school teacher owns driver training school) 97-004 (authorizing public contracts where family member has an interest) 98-003 (superintendent acting on contract impacting family members) 2000-02 (acting onj public contracts where public official's company has an interest) 2009-02 (matters affecting family member's employer) 2009-06 (Ohio Ethics Law and stimulus funds) 2013-01 (fire chief approving payments to educational institutions) 2016-01 (public officials employed by entities that receive public financial assistance) 2021-01 (serving an organization when public entity is a dues-paying member) 92-003 (acting on] public contracts that impact business associates) (inapplicable, in part, due to. subsequent Sales to Public Agencies 82-007 (accounting firm partner contracting with regional sewer district appointed as district trustee) 84-013 (city employee marketing software developed by private employer) 84-014 (public employee receiving commission for purchase from private employer) 87-002 (county official selling property/services to county) 89-010 (selling tool sharpening services to another state agency) 90-003 (school board member selling goods/services to school district) 90-005 (school district employees selling goods on "as needed" basis) 2001-02 (port authority board: member owns company seeking bond) 2023-01 (donations and payments to government entities) 88-008 (city council member serving as insurance company director with public contract by city council) EOhio Ethics Commission Seal Ohio Ethics Commission Search Results Close Ohio Ethics Commission 30 West Spring Street L3 Columbus, Ohio 43215-2256 Phone: (614)466-7090 TTY/TDD: (800)750-0750 Fax: (614)466-8368 Email: thes@etheschogow Site Map I Privacy Policy 4 Accessibility Policy. Terms ofUse ICPI TROY CITY COUNCIL RULES FOR PROCEDURE DRAFT ADOPTED: Jan. 5, 2004 Jan. 3, 2006 Jan. 2008 Jan. 19, 2010 Jan. 17, 2012 Jan. 6, 2014 Feb 20. 2024 Jan. 4, 2016 (no changes from 2014) Jan. 16, 2018 (P. .5changes highlighted) Jan. 21, 2020 (Committee names changed) Jan. 3, 2022 (no changes from 2020) CITY OF TROY, OHIO CITY COUNCIL RULES FOR PROCEDURE INDEX RULEL ORGANIZATION PRESIDENT OF COUNCIL PRESIDENT PRO TEM OF COUNCIL C. CLERK OF COUNCIL D. CLERK PRO TEM OF COUNCIL COMMITTEES QUORUM A. B. E. RULE II RULE III ABSENCES; EXPULSION RULE IV MAYOR RULEV RULE VI SCHEDULE OF BUSINESS (AGENDA) EPORISOPCOMPEES A. REPORTS B. CONTENTS RAF RULE VII LEGISLATION A. PREPARATION OF LEGISLATION B. VOTING ON LEGISLATION C. SECONDING OF MOTIONS D. FIRST READING OF ORDINANCES; RESOLUTIONS RULE VIII CONDUCTING DISCUSSIONS RULE IX RULEX RULEXI APPOINTMENTS TO COMMISSIONS AND BOARDS RECEIVING MOTION WHEN QUESTION IS BEFORE COUNCIL HANDLING OF MOTIONS FOR REFERENCE TO COMMITTEE RULE XII MOTIONS TO RECONSIDER RULE XIII MOTION TO TAKE FROM THE TABLE RULE XIV MOTION TO POSTPONE INDEFINITELY RULE XV MOTION FOR THE PREVIOUS QUESTION CITY OF TROY RULES FOR PROCEDURE Page 2of13 NDEX-CONINUED RULE XVI MOTION TO AMEND RULE XVII MOTION OF QUESTION ON PRIVILEGE RULE XVIII MOTION THAT MATTER BE TAKEN FROM COMMITTEE RULE) XIX MAJORITY DEFINED; THREE-FOURTHS DEFINED; TWO-THIRDS DEFINED RULE XX SUSPENSION OF RULES RULE XXI AMENDING RESOLUTION OR ORDINANCE RULE XXII APPROVAL OF ORDINANCES OR RESOLUTIONS RULE XXIII DIRECTOR OF LAW RULE XXIV MANNER OF ADDRESSING COUNCIL AFTER COMMITTEE REPORT(S) RULE XXV SPECIAL VEETNCSOPoYNAL RULE XXVI NOTIFICATIONOF MEERNSSTOTHE PUBLICAND NEWS MEDIA (SUNSHINE LAW) RULE XXVII ROBERT'S RULES OF ORDER RULE XXVIAMENDMENT OF COUNCIL RULES CITY OFTROY RULES FORI PROCEDURE Page3of13 CFOPROKOHO CITY COUNCIL RULES FOR PROCEDURE Except as otherwise provided by law or specifically waived by Council, the conduct and proceedings of City Council,and members, shall be governed by the rules set forth herein. RULEI. A. ORGANIZATION President of Council: Presiding Officer The President of Council shall preside at all regular and special meetings of The presiding officer shall call the meeting to order at the appointed time and announce the business before Council in its proper order, and state and put all questions properly brought before Council. He/she shall, in common with any other member, call any member who doesshel! violate any of the rules; and shall, when in the chair, decide all questions of order, subject_-to an appeal to the Council on demand of a member of Council, on which appeal there shall be no; debate; however, the member making the appeal may briefly state his/her reason The presiding officer shallavoid any appearance of partisanship on any question and shall efrain fro mnaking au sta tements, verbal or written, espousing a position 018 issue currently beforelthe Coundi He/she is solely to see that the business properly brought before Council is conducted in an orderly manner and that the members of Council observe the rules of procedure adopted by Council but he/she shall have no vote except in case of a tie. fort the same. Council. B. President Pro Tem of Council The members of Council shall, within ten days from the commencement of their The President Pro Tem shall preside in the absence of the President of Council. The voting right of the President Pro Tem as a member of Council is preserved, but the President Pro Tem does not take on the voting right of the President of term, organize by the election of a President Pro Tem. Council in addition. C. Clerk of Council The members of Council shall, within ten days from the commencement of their term, organize by the election of a Clerk of Council. CITYOFTROY RULES FORI PROCEDURE Page 4of13 The Clerk of Council shall attend regular and special meetings, record all proceedings in the minutes, attend to all correspondence incidental to that office, attend to the codification of the ordinances, according to the system employed by the city, and perform such other duties as may be assigned to that office by a The Clerk shall attend Executive Sessions of Council upon request; however, it shall be the determination of Council whether or not minutes of such session The Clerk shall prepare an agenda, or schedule of matters to be brought before majority vote of Council, or are required by law. shall be kept. Council. D. Clerk Pro Tem The members of Council shall, within ten days from the commencement of their The Clerk Pro Tem shall perform the duties of the Clerk of Council in the term, organize by the election of a Clerk Pro Tem. absence of the Clerk. Committees 1. E. Standing Committees The Presidentof Çouncis shalay appoint tstanding committees, which are permanent in their functions, butthey may havea change in membership from one Council to the nex The President of Council has the right to change memboenfibaicomntes ithere is a change in personnel. Three is the usual number appointed to comprise a committee. The following are suggested as standing committees: Buildings & Utilities Community and Economic Development Community Partnerships Finance Law and Ordinance Personnel Recreation and Parks Safety and Health Streets and Sidewalks Special Committees 2. As needed, Special Committees may be appointed by the President of Council with the concurrence of a simple majority of the City Council. 3. Committee Of The Whole discussion as a Committee of the Whole. As needed, the President of Council may assign a subject to Council for CITY OFTROY RULES FOR PROCEDURE Page5of13 RULE II QUORUM A majority of all the members elected shall be a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as are prescribed by ordinance. (RC 731.44) RULE III ABSENCES; CENSURE; EXPULSION When some member of Council may be unable to attend meetings, by reason of illness, vacation, absence from the city, or for other reasons, and if the absent member is absent for just cause, a motion shallshould be passed and entered on the minutes, excusing such City Council! may punish or expel any member for disorderly conduct in Council or for a violation of its rules, and, further, may declare his/her seat vacant for absence without valid excuse where such absence has continued for two months. No expulsion shall take place without the concurrence of two-thirds of all City Councilthe members elected, and until the delinquent member has been notified of the charge against him/her and has had an member. opportunity to be heard. (RC 731.45) RULE IV MAYOR The Mayor may attend Council meetings and shall answer questions put to him/her by the City Council- He/she shall eerecdmengations. in wnting,toeguncil for the welfare of the city At the first regular meetingirJaruary! ofeach yearlhe/she shall report to Council as seem wise to him/her. the affairs of the City. RULE V DRAET concerning SCHEDULE OF BUSINESS (or AGENDA) Each meeting of Council may be opened with an invocation which shall precede the order of business. Traditionally, the first meeting of each calendar year shall be opened with an invocation. Schedule (ORAGENDA) The schedule of business for conducting meetings of Council shall be as follows: 1. 2. 3. 4. any. 5. 6. Pledge of Allegiance. Roll Call. Roll call of members to determine if a quorum is present. Absent Minutes.- Reading and approval of the minutes (summary) of the previous meeting, and correction of errors of omission or commission therein, if there be Council members should be excused by motion, for cause. Public Hearings if scheduled. Introduction of persons to Council. Reports of Committees and discussion thereof by Council members. CITYOFTROY RULES FORI PROCEDURE Page 6of13 7. 8. 9. ComRenURRGCOPeRE by citizens related solely to Committee Reports or Pending Legislation, which shall be limited to two minutes in length and which shall be enforced by the Law Director. Reading of Resolutions and disposition thereof. Reading of Ordinances and disposition thereof. 10. Reading of communications. Should any communication call for Council action which cannot be immediately taken, it should be referred to the appropriate committee by the presiding officer. Should the presiding officer have any question about the committee to which any matter should be referred, Council mayeen, by majority vote, refer the matter to any committee. 11. Referrals to committee by President of Council. 12. Reports from the Mayor, Director of Public Service and Safety, Director of Law, Auditor, President of Council, Members of Council, and other public officials. 13. Comments of citizens wishing to appear before Council. 14. Adjourn. RULE VI REPORTS OF COMMITTEES A. Reports Reports of committees should be in writing and signed by a majority of the members of the committees, but may be oral. Minority reports may also be presented, if desired, either written or oral. B. Contents of Reports All petitions, ordinançes, and resolutions presented-to Council shall be referred to the proper committee. for study and report. A committee report may include therein recommehdalonsfor, approval of a number of items, including request for the preparation of Ordinances orRésolutions which deal with the matters referred to the committee. As it is possible that some members of Council may approve of some items and disapprove of others, at the request of any member of Council, a separate vote shall be taken on each item presented by the committee report. RULE VII LEGISLATION A. Preparation of Legislation Ordinances and Resolutions are to be prepared by the Director of Law in the manner prescribed by law. The committees concerned with the legislation shall not concern themselves with the fulfillment of the legal requirements but shall Members may prepare Ordinances or Resolutions but they must be approved by determine whether the subject matter has been fully covered. the Director of Law as to form before a vote for passage. The Director of Law shall prepare legislation after presentation of the 1. committee report to Council. If a motion is defeated by majority recommendation in a meeting of a committee of Council, that action will be reported to the next meeting of Council, and the issue will not be brought CITY OF TROY RULES FOR PROCEDURE Page 7of13 into the agenda of the Council for consideration, unless brought into the The Director of Law may, in his/her discretion, prepare legislation prior to presentation of the committee report to Council for any of the following (a) Upon request of Committee Chairman due to immediate need for (b) Ordinances or Resolutions required to be prepared from a procedural standpoint resulting from report of boards and commissions (e.g., Planning Commission) where committee reports will be made after a (c) Ordinances and Resolutions in series where committee has previously reported on the subject matter (e.g., assessment for sidewalk, curb Council agenda by a two-thirds majority vote. 2. reasons: legislation. public hearing. and gutter). B. Voting on Legislation 1. Ordinances and Resolutions shall always be voted on separately. The voting on such legislation shall be entered by the Clerk in writing in the minutes as "yes" and "no", together with the names of members of Council Members may abstain from voting ina matter of conflict of interest. However, if there is no conflict of interest in a matter before Council, members are expected. tovote yes" or 'no" and an abstention can be voting "yes" and "no". consideréd a "yes" vote. C. Second of Motions Each motion shall be seconded before further action thereon. D. First Reading of Ordinances: Resolutions When an Ordinance or Resolution is presented, by a member or a committee, it shall be read by title by the Clerk, with a summary explanation, and, if it is not an emergency piece of legislation, it may be set aside for second reading at the next meeting. Ifiti is emergency legislation requiring immediate action, the presiding officer should, after the title reading and summary explanation by the Clerk, entertain a motion to suspend the rules. If three-fourths of the members approve the motion, the legislation is then ready for adoption. After a member moves for adoption, with a second, a vote will be taken. Unless a piece of emergency legislation in which a two-thirds vote is required, if a majority approves the adoption of the legislation, it shall be signed by the Clerk and presiding officer and sent to the Mayor for his/her signature. The vote will be recorded in the Minutes. CITYOFTROY RULES FOR PROCEDURE Page8of13 All legislation passed as emergency legislation must state the reason for the emergency and not in the mere general terms that such action is "necessary for the peace, health, welfare and safety of the city". RULE VIII CONDUCTING DISCUSSIONS No member shall speak more than once upon any subject, until every member choosing to speak shall have had an opportunity to be heard, except rebuttal, nor for a time longer than five minutes, without leave of Council upon a majority vote. RULE IX APPOINTMENTS TO COMMISSIONS and BOARDS officials, shall be subject to the approval of a majority of Council. Appointments to City commissions and boards except such as are permitted by law to certain RULEX RECEIVING MOTION WHEN QUESTION IS BEFORE COUNCIL When a question or a proposition is before the Council or under debate, or when a motion has been made, no additional motions shall be received except for the following: A. To adjourn. B. To table the motion - lay it aside until later. C. To request that discussion end, and that any motion being considered be voted D. To postpone any action on a motion until some stated future time. upon. Preyousqueguom,es it isusualycalled.) E. Tor refer the proposal to astandingor special committee. G. To postpone any action for an indefinite time. F. To amend themain portion. These motions shall have precedence in the order in which they are arranged. Motions listed as A., B. or C., above, shall be decided without debate. RULE XI HANDLING MOTIONS FOR REFERENCE TO COMMITTEE When a motion is made for reference of any subject to a standing committee, and it is moved to substitute therefore a select or special committee the question of reference to a standing committee shall be put first. RULE XII MOTIONS TO RECONSIDER A motion to reconsider a subject that may have been acted upon favorably must be made before adjournment of that session of Council. A motion to reconsider any other subject may be made not later than the next regular meeting after such action was taken. A motion to reconsider may be made only by any member who voted with the prevailing side. A motion to reconsider shall be in order at any time except when a motion on some other subject is standing. CITYOFTROY RULES FOR PROCEDURE Page 9of13 A motion to reconsider, being laid on the table, may be taken up and acted upon at any time when the Council is engaged in the transaction of new or miscellaneous business. No motion to reconsider shall be made more than once on any matter or subject, and the same number of votes shall be required to reconsider the action of Council as was required to pass or adopt the same. RULE XIII MOTION TO TAKE FROM THE TABLE A motion to take from the table shall be in order when that order of business is being transacted in which such matter to be taken up was laid upon the table, or under the head of new or miscellaneous business, and such motion shall be decided without debate, provided the mover may be permitted to state briefly his/her reasons for the motion. RULE XIV MOTION' TO POSTPONE INDEFINITELY Ifan motion to postpone indefinitely is carried, the principal question shall be declared lost. RULE XV MOTION FOR THE PREVIOUS QUESTION The previous question shall be in the form, "Shall the main question now be put?" It shall be admitted only when demanded by two members, and until decided shall preclude further debate and all amendments and motions. If the previous question is demanded on an amendment, it shall apply only to the amendment. If the motion for the previous question is carried by a two-thirds vote,the question shallbe pytwitnoutfprther debate. However, if the motion for the previous question is carried, but before it is actually put in execution, the motion to which it is directed may be laid on the table RULE) XVI MOTION TO AMEND A motion to amend is susceptible of but one amendment thereof. An amendment once rejected may not be moved again in the same form. RULE XVII MOTION OF QUESTION ON PRIVILEGE Questions of Privilege shall be: First: Second: Those affecting the rights of the Council collectively, its safety, dignity, and The rights, reputation, and conduct of the members of the Council the integrity of its proceedings; individually, in their capacity as such members. A question of privilege shall have precedence over all questions except a motion to adjourn. RULE XVIII MOTION THAT MATTER BE TAKEN FROM COMMITTEE When any Ordinance, Resolution, petition, or other matter has been referred to a committee, and said committee to which such has been referred fails, within a reasonable time, to report, or to offer a valid reason for its failure to report, any member of Council shall have the right to make a motion that such Ordinance, Resolution, petition, or matter be taken from the CITY OF TROY RULES FOR PROCEDURE Page 10of13 committee to which such matter has been referred; that the same may be laid before Council for action. Such motion shall be decided without debate, provided that the member making the RULE XIX MAJORITY DEFINED; THREE-FOURTHS DEFINED; TWO-THIRDS DEFINED Whenever the term "majority" is used herein, unless otherwise expressly indicated, it shall be held to mean a majority of those elected to Council; likewise, whenever a two-thirds or three- fourths vote is indicated, it shall mean two-thirds or three-fourths of the members elected to Council. Thus, in a Council of nine members, a majority shall be five, three-fourths shall be motion may state his/her reasons briefly for the motion. seven, and two-thirds shall be six. RULE XX SUSPENSION OF RULES Bylaws, Resolutions and Ordinances of a general or permanent nature shall be read by title on three different days, unless the rules are dispensed with upon vote of three-fourths of the members. The vote on such suspension shall be taken by yes and no separately on each bylaw, Resolution or Ordinance, and the Clerk shall enter such vote on the journal or minute book, together with the names of the members voting yes and those voting no. RULE XXI AMENDING RESOLUTION OR ORDINANCE Itshall be in order to amend a Resolution or Ordinance at any time, but if such Ordinance or Resolution be of a general or permanent nature, and such amendment is made after the second reading, it shall againbe padagamended aFteseopereadiny. and laid over to the next meeting for final action. RULE RYET XXII APPROVALOF ORDINANGES ORRESOLUTIONS Every Ordinance or Resolution shall, before it goes into effect, be presented to the Mayor for approval. The Mayor, if he/she approves such Ordinance or Resolution, shall sign it and return itto Council. If he/she does not approve it, he/she shall within ten days after its passage or adoption return it with his/her objections to Council, or if Council is not in session, at the next The Mayor may approve or disapprove the whole or any item of an Ordinance appropriating money. If he/she does not return such Ordinance or Resolution within the time limit herein, it shall take effect in the same manner as if he/she had signed it unless Council, by its adjournment, prevents its return. When the Mayor disapproves an Ordinance or Resolution or any part thereof, and returns it with his/her objections, the Council may after ten days reconsider it, and if such Ordinance, Resolution, or item, upon reconsideration is approved by at two-thirds move of all the members elected, it shall then take effect as if signed by the regular meeting. Objections of the Mayor shall be entered ini the journal. Mayor. (RC 731.27). RULE XXIII DIRECTOR OF LAW The Director of Law shall, when requested by any member of Council, give a verbal opinion on CITY OF TROY RULES FOR PROCEDURE Page 11of13 any question of law concerning city affairs, in open Council, but he/she may if he/she deems the matter ofi importance take a reasonable time to submit his/her opinion in writing. The Director of Law, when requested by the chairman of a committee to which any Ordinance or Resolution has been referred, shall assist in the examination of such Ordinance or Resolution. RULE XXIV MANNER OF THE PUBLIC ADDRESSING COUNCIL AFTER COMMAIFTEE This Rule applies enly to allhe public comment periods at any regular City Council meeting.pened-ololwAg-aCommee-ePoRHemoHneschadeafsusines-Agende) REPORY(S) A. Each person wishing to address Council shall approach the podium and give his/her name and address in an audible tone for the record. -aneunless VFheF-me-S-gromled-by-ne-Pesden-a-CouneH-OF-here--G-equest-by-e membeF-eF-CouneHOr-addlHonRRaHOR-OFeliicalon-shal-imi-his/ner During the first public comment section on the agenda (Rule V.7). unless there is arequest by a member of Council for additional information or clarification, a adéress-te-fwe-minutes B. speaker shall limit his/her address to two minutes. During the na MC omment sect onon heagenda (Rule V.13). a speaker shall have nopre de ermin edtime limi on his/he comments, provided that the presiding officer sha avpid redun lans vand rep etitiveness and may terminate comments oavoid Same. - particular member thereof. D. E. Remarks shall be addressed to Council as a whole and not to any No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directory or through a member of Council without the permission of the President of Council. F. D. No question shall be asked a Council Member except through the President of Council. A Council Member may, through the President of Council, request additional comment or pose a question to the person addressing Council. The two- minute response limit applies unless waived by Council. Waiver would be "without objection" upon the request of any Council Member. RULE XXV SPECIAL MEETINGS OF COUNCIL The Mayor, the President of Council, or any three members of Council may call a special meeting of City Councimeelngs upon at least 12-hour-hours notice to each member, served personally or left at his/her usual place of residence. Said request for a special meeting shall clearly articulate the topic or topics to be discussion and the agenda for said special meeting shall be limited to the topic or topics sO articulated. AIl special meetings shall be open to the CITYOFTROY RULES FOR PROCEDURE Page 12of13 public, unless for the purpose of a lawful executive session and shall not include general public RULE XXVI NOTIFICATION OF MEETINGS TO THE PUBLIC AND NEWS MEDIA comments such as allowed in Rule V.13 above. (SUNSHINE LAW) Pursuant to S121.22(F), R.C., all formal actions of Council relating to the adoption of legislation and all deliberations of Council and any of the committees leading to such action, will be in meetings open to the public as required by law. RULE XXVII ROBERT'S RULES OF ORDER The latest edition of specifically provided hereinfer. Robert's Rules of Order, GFHRe-dal-dHRe-9PPoVG-AHRese Rules shall be followed with respect to any question for which an answer has not herein RULE XXVIII AMENDMENT OF COUNCIL RULES These rules may be amended, altered, or new rules adopted at any time upon motion and majority vote of the members of Council. DRAFT CITY OF TROY RULES FORI PROCEDURE Page 13of13 ORDINANCE AMENDING SECTION 111.01 OF THE CITY OF TROY, OHIO CODIFIED ORDINANCES RELATEDTO THE TIMES, DATES AND CANCELLATIONS OF CITY COUNCIL REGULAR MEETINGS WHEREAS, Section 111.01 (a) and (b) of the City of Troy, Ohio Codified Ordinances (henceforth, Ordinance) state: (a) Time. Council shall hold regular meetings on the first and third Mondays of each month at 7:00p p.m., provided, however, that when the day fixed for any regular meeting of Council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next (b) Place. All regular meetings of Council shall be held in the Council succeeding day which is not a holiday. Chambers. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohio as follows: SECTION!: Section 111.01 (a) and (b) shall be amended to state: (a) Time. Council shall hold regular meetings on the first and third Mondays of each month at 6:00 p.m., provided, however, that when the day fixed for any regular meeting of Council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding day which is not a holiday. With a minimum of 24-hour notice, a regular meeting may be cancelled by President of Council, or upon the written request to the President of Council of any three members of Council provided that only one regular meeting per calendar month may be cancelled. (b) Place. All regular meetings of Council shall be held in the Council Chambers unless otherwise indicated by the President of Council or as voted by a majority of Council, so iong as the alternative venue is located within the corporate boundary of Troy. SECTIONI!: This ordinance shall be effective ati the earliest date allowed by law. DRAFT ORDINANCE ESTABLISHING COMPENSATION FOR CERTAIN ELECTED OFFICIALS WHEREAS, compensation for City of Troy elected officials is set periodically to recognize WHEREAS, Ordinance 0-16-2021 established salaries for the elected officials of Members WHEREAS, Ordinance 0-16-2021 established salaries for the elected officials of Mayor, WHEREAS, Ordinance 0-16-2021 entitles the positions of Mayor, Auditor, President of Council, and Director of Law to health care, dental, and life insurance benefits available to any other current cost-of-living, similar to other employees; and, of Council, President of Council, and Treasurer through. 2024; and, Auditor, and Director of Law through. 2026; and, City employee; and, WHEREAS, adjustments tot the compensation ofe elected officials must become effective prior NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Troy, Ohio as follows: SECTION!: Effective calendar year 2026, the positions of Treasurer, Council Member and Council President shall receive the annual salary reflected in Exhibit 1 attached hereto and, by tot the primary election of said office; reference, made a part hereof. SECTION I: Effective calendar year 2028, the positions of Mayor, Auditor, and Director of Law shall receive the annual salary reflected in Exhibit I attached hereto and, by reference, made a part hereof. SECTION I: Effective calendar year 2026, the positions of Mayor, Auditor, and Director of Law shall be entitled to health care, dental, and life insurance benefits available to any other City employee. SECTIONIV: This ordinance shall be effective at the earliest date allowed by law. DRAFT Adopted: Approved: Attest: President of Council Clerk of Council Mayor Exhibit :: 2025-2031 City of Troy Annual compensation Recommendations for Elected Officials Elected Position Auditor Law Director Mayor Treasurer Council Member Council President Notes: 2024 2025 2026 2027 2028 2029 2030 2031 $62,459 $64,021 $65,301 $65,301 $67,260 $69,278 $71,356 $73,497 $62,459 $64,021 $65,301 $65,301 $67,260. $69,278 $71,356 $73,497 $24,287 $24,895 $25,392 $25,392 $26,154 $26,938 $27,747 $28,579 $5,788 $5,788 $5,962 $6,140 $6,325 $6,514 2030 through 2033 $9,026 $9,026 $9,297 $9,576 $9,863 $10,159 $10,464 $10,778 $9,670 $9,670 $9,960 $10,259 $10,567 $10,884 $11,210 $11,546 1. Non-shaded salaries set by Ordinance 0-16-2021 2. Boxed outlines represent terms of office 3. Shaded salaries reflect 3% annual increase to reflect estimated cost-of-living impacts 02/05/24 DRAFT 2024 City of Troy Organization Chart John Frigge Auditor Grant Kerber Law Director Robin Oda Mayor City Council Melvin Shan Treasurer Patrick Titterington Director of Public Service and Safety Charlotte Colley (interim) Assistant Director Public Service and. Safety Ken! Siler Recreation Director Jeremy Drake Park. Supt. Kyler Booher Director of Golf Tim Development Director Shawn McKinney Police Chief Matt Simmons Fire Chief Jill Rhoades City Engineer Seth Canan Cemetery Foreman Tim Cox ITManager Ronni Showalter Fiscal Manager (Vacant) Electrical Foreman Christy Butera Asst. City Engineer Stan Kegley Project Manager Justin Olivieri Street Foreman Gary Evans WTP Supt. Ken Parks WWTP. Supt. Scott Taylor Utility Foreman WHO'S IN CHARGE? No single person is in charge of all the specific duties performed in response to an emergency situation. For each disaster, there willl be many individual agencies performing their functions under the direction oftheir specific policies and under the guidance oft their predetermined operational head. Elected officials, however, such as the Mayor and Council members, are ultimately responsible for protecting lives and property in an emergency or disaster situation within their jurisdiction. These officials are A. They can authorize emergency expendituresto help eliminate or reduce the degree oflong-term risk to human life and property from any type of B. They have the authority to make an emergency declaration (to request state assistance). C. They are responsible for all phases of disaster relief-1 the policymaking, the restoration activities, and the continuing efforts to help the community return to normalcy. Remember: thejobo of the elected officials is policymaking, notoperational. So, for example, they do not tell the fire chiefhow to put out a fire, but rather assist by authorizing procurement ofa additional needed responsible because: hazard. resources. 1 2024 Departmental Projects (Yellow=2023 Carryover) Work with CMI to make the changes; notify public of changes; install credit card readers; complete when in use Reminders and payments sent throught texting process; notify public; signg public upt toy uset thes system Public notice giveni int the water bilis, Facebook and media posts; complete when payments can ber made by phone Complete review andr maker necessary changes Catch up ont the! backlog off foundations tog get toap point where foundations arep poured as orders come in Review and updatea asn needed Implement new Cemetery records management: software Implement aplanf forr renovation ofther residence at Riverside Cemetery; hirea contractor Ifneeded Identify andi implement ap plant to address maintenance issues Revise program top providef finançial assistancet to residential property owners Expand the event intot the downtowni to coincide with thes solar eclpse (Apr. 8; Party Punch) Modify ordinance to complyy with SCOTUS and aligny with development, goalsi identified int ther new Comp Plan Assemble and designa news surface parking loti in South Market Streeta area Obtain non-productive property through MCL Land Bank and MCA Auditor's Office; work with CICt tos sell propertyf for productive use Obtainl ICC Certified Zoning Inspector credentials for both Zoningi inspectors Select consultant and complete downtown Garage Analysis Coordinatei investigation: and cleanup contractf for 100V West Market Street Work with consultant toc create new Comprehensive Plant to bea approved byt the Planning Commission: and start Zoning Code review Inspect, notify and coordinate repairs, repainting, etc. to Ellis, Race, Morehead, Williams Street and7 Treasure Island area neighborhoods Market and coordinate private redevelopment of downtown riverfront property Work with cellt tower companies and Miami County Auditor's Office to acquire the Grain Elevator property Update Ohio Historic Index Forms fora all properties locatedi int the! Historic District Propose interior and/or exterior three-year inspection program to Council Assist TDCi in obtaining options on adjacent properties to createa an megas sitef forf future industrial development Analyze 1000 acres north oft the city ofl Troy and determine how tos servet them water ands sewer Review the Refuse/Recycling Proforma andi if appropriate, prepare bidd documents fort ther recycling contract for Council approval Dept. Title B&C/Tax New Credit Card Processor Implementation B&C "Text to Pay"I Implementation B&C Muitilingual Call Centerf for Payments B&C Rules andF Regs Review 5 Cem Foundation Pouring 6 Cem Cemetery Rules and Regulations Cem Cembase Software 8 Cem Residence Renovation 9 Cem Rose Hilll Hillside 10 Dev Residential Housing Improvement Program 11 Dev Troy Truck) Yard 12 Dev Sign Code 13 Dev Downtown Parking Lot 15 Dev Non-F Productive Property Transfer 16 Dev ICC Certifications 17 Dev Downtown Parking Garage Analysis 18 Dev Abandoned Gas Station Remediation 19 Dev Comprehensive Plan/Zoning Code Update 20 Dev Property Maintenance! Sweep 21 Dev Redevelopment of Spinnaker Property 22 Dev Grain Elevator 23 Dev OHIF Forms Update 24 Dev Residential Rental Registration Program 25 Dev Mega Site 26 Eng Abbreviated' Water ands Sewer Master Plans 27 Eng Recycling Contract Renewal 28 Eng Adm,RweridelSaumtonl Roundabout Design 29 Eng Maintenance Faciity Roof Repairs 30 Eng City Hall Roof Recoating 31 Eng Elm Street Resurfacing 32 Eng South Stanfield Road Phase 2 33 Eng Maple/Peters' Waterline Replacement 34 Eng Sidewalk Phase 16 35 Eng Broadford Bridge Repairs 36 Eng Annual Street Resurfacing 37 Eng Casstown Water Line 38 Eng Market & Grants Street Intersection Rewiring 39 Eng Downtown Safety/Streetscape Renovation Design 40 Eng Industrial Infrastructure Improvements Design 41 Eng Water Master Plan 42 Eng Maintenance Facility Space Needs Study 43 Eng Race Drive Lifts Station TributaryA Assessment: Study 44 Eng West Main Corridor Phase 2 45 Eng Brookpark Subdivision Sanitary Sewer Relining 46 Eng Low Head Dam Removal & Recreation Trail Design 47 Eng Urban Paving Program 48 Eng Waste OilT Tank Remova/Remediation 49 Fire Tavern Building Stublzation/Demoltion 50 Fire EMS Records System Transition 51 Fire County-Wide Fire/EMS Study 52 Fire EMS Deployment Practices Evaluation 53 HR Downtown Electric' Vehicle Charging Stations 54 HR HRI Drive File Folders Organization 55 HR AIIE Employees Training 56 HR Dental Insurance Renewal 57 HR Position Description Review & Update 58 HR 2024 Union! Negotiations 59 I City Hall Gateway Device Installation 60 IT GIS Services Workflow 61 IT Arctic Wolf Managed Risk Protection Implementation 62 IT Server Room Storage Racks Reconfig guration Tasks Due Other Dept. Apr T/SSD Jun IT/SSD Aug Aug Eng May May HR/SSD Aug IT Aug Park Sep Feb Law Apr SSD/Park May Law May Eng Jun Jul SSD/Law Aug Aug Sep Oct SSD/Eng Oct Nov SSD Nov Law Nov Dec SSD/Law Dec Mar WTP/WWTP Apr May Jun Jun Jul Jul Jul Aug Aug Sep Sep Sep Oct Nov Nov WTP Dec Dec Dec Dec Dec Dec Dec May SSD Jul IT Nov HR/SSD Nov ul Dev/Eng/SSD Aug IT Sep Oct SSD Nov AII Dec SSD Mar Mar Eng/PD/FD/SSD Aug Nov 14 Dev Downtown Upper Floors Development Marketing Strategies Assist TMS to create a program tor market development of2 2nd and3 3rdf floors within Downtown Select consultant Council authorization" tobid Council authorization to bid Complete construction: as authorization occurred In December 2023 Gain Council authorization and! begin construction Complete project Bid and award construction contract Bid and award construction contract Complete construction Authorize construction agreement with Miami County Complete traffic signal rewiring Complete the preliminary review phase ande enteri into adesign consultant agreement Obtain authorization of chosen consultant Authorization of chosen consultant Complete thes spacer needs study and maker recommendations Select consultant and! begin assessment ofe existing infrastructure Assist with construction administration with Prime AE withi intermediate course of asphalt Authorization ofc chosen CMAR Coordinate with USFW, MCD, OEPA; complete design and create construction! bido documents Pay ODOT for 2025 paving (W. Marketf from Grant Stto! Horizon Ct) Complete removal ande gets sign-off ofe environmental clearance Coordinate with MCBR to ensure allo conditions of agreement area adheredto, as well as communication to SSD Adheret tof federal ands state regulations, evaluate and potentially implementr new EMS records system Work toe ensure coordination is achieved between administrators, fire chiefs, and elected officials Post Fire/EMS: Study, evaluate EMS Deployment: andi implement changes where indicated Liaison with Chevrolet of Troyf fort thei installation ofe electric vehicle charging stations downtown Review the file folders on the! HR drive; organize and consolidate: as appropriate Develop topical presentations (e.g. harassment training, BWC, personnel policies, IT policies, etc.) Work with McGohen Brabender to bidt the dental insurance benefit; present recommendations tos SSD Conduct comprehensive review of position descriptions in each department andy update as necessary present to Civil Service for approval Prepare for and commence collective bargaining negotiations with the City's6 units, possiblyint thel latef first quarter of2 2024 Convert City Hall toas smaller, specialized gatewayt tot facilitater replacing switches withl lower-c -cost units when needed Create as system forr managing GIS services ing priority order Install, configurea andi implement last part ofA Arctic Wolf cyber security protection Implement new rack ando consolidate equipment 2024 Departmental Projects (Yellow-2023 Carryover) Map out the golf course aerially; Idently/prioritize: asphaltr needs; determine ifthe project can bei incorporatedi intot the paving program Clear out area; lay down ands smooth out gravel; create barriers onb both sides oft the path for carts (becausei itis on the! levee) Dig holes; place telephone poles; buyr netting; securer netting tot telephone poles Develop agreement outlining ongoing operating and maintenance responsibilities in City parks with" Troy City Schools Install new ground anchors, schedule Cooper's Blacktop, Total Tennis, Quality! Lawn andi Fence Contact ands schedule DocA Asphalt for crack filling and seal coating Schedule Asphalt Sealcoaters of Daytonf for crackf filling and coating Replace! backstops at Boyer andk Kings ChapelF Park baseball fields Remove oldl lights with City Staff, RFP, advertise for bid, award bid, oversee construction Design and! begin construction of the! building Investigate andp propose to Civil Service ana alternative to NTN fore entry level officer Develop continuity of operations plan and an exercise Detectives to attend death investigation, interviews & interrogations, homicide, etc., SRO tos State mandate Install cooling tower and pumps, bida and award contract forb boilers Purchase new equipment, receive State approval fora ana active shooter course, and conduct training Prepare and successfully complete CALEA accreditation: site- based assessment Obtain quotes, look into available grants, bid project Continue feasibility evaluation of moving, improving ora abandoning shooting range Bid anda award Install new welly waterf filtrations systemf forr rink refrigeration: system Install mains slide pump at TAP Install auto valves on refrigeration: system to run cycle automatically while coolingy with city water Bid, award andi install Develop specifications for condenser replacement bid document Dept. Title 63 MSGC Comprehensive Cart Path Plan Development 64 MSGC Restore Old Cart Path on Hole 14 65 MSGC Construct Netting ont the South Sideo oftheDriving Range 66 Park Interagency Operating Agreement 67 Park Duke Park Pickle Ball Court Renovations 68 Park Duke Park Bike Path Repairs 69 Park Community! Park Tennis Court Repairs 70 Park Baseball Backstops Replacement 71 Park North Market Street Softball Lighting 72 Park Park Department Building 73 PD Alternate Entry Level Civil Service Test 74 PD COOP Plan 75 PD Investigation Section Training 76 PD HVAC Improvements 77 PD New SIM Guns Acquisition and Training 78 PD CALEA Site-based/ Assessment 79 PD Facility Windows and Lights Replacement. Analysis 80 PD Firing Range 82 Rec Duke Park Concession Contracts 83 Rec Well Water Filtration System 84 Rec Main Slide Pump 85 Rec Refrigeration: System Auto Valves 86 Rec Main Area Dehumidifiers 87 Rec Condenser Bids Specifications 88 Rec Mechanical Integrity Inspection Outstanding Items 89 Rec TAP Expansion Studies 90 SSD Insurance Requirements Review 91 SSD SDF Regs Review 92 SSD Electric Bicycles Ordinance Update 93 SSD LCC Indemnification Forms 94 SSD 2024 Solar Eclipse 95 SSD Outdoor Painted Pianos 96 SSD City-wide Fees 97 SSD Records Retention 98 SSD Robinson Reserve Trails Sign 99 WTP Electrical Testing 100 WTP Brick Maintenance 101 WTP Well Cleaning 102 WTP VOCE Building Tower Media Cleaning 103 WTP SCADA 104 WTP Valve Replacement 105 WTP Chlorine Risk Reduction 106 WTP Slaker 3F Replacement 107 WWTP Plant Expansion Project 108 WWTP Administration: & Solids Bulldings Roof Replacement 109 WWTP Headworks Gas Detection Equipment Replacement 110 WWTP Thickener #1&2D Drive Unit Replacement Tasks Due Other Dept. jul Eng/SSD/IT Jul Dec Apr SSD/Law Jun Jun Jul Jul Aug Dec Eng Feb HR May IT/Rec Sep Oct Eng Oct Nov Nov Dev Dec Eng Feb Apr Apr May Jun Aug Aug Aug Sep Eng Jan Feb HR Feb PD/law Mar Apr Jun Dev/Street Sep Eng/Dev Nov Dec Park Apr May Aug Oct Nov Dec Eng Dec Eng Dec Eng Sep Eng Oct Dec Dec Eng 81 Rec Scoreboard/ideobarks: Software & Hardware Replacement Contracty witha anew company toreplace obsolete scorepoarc/Mueoboard: software and! hardware Address items referenced in 5-year Ammonia Refrigeration! Mechanical Integrity Inspection and! budgetf for remaining deficiency items in 2025 Finalize feasibility study with! MSA for presentation" toc CityCouncil for development of plan fort the renovation/expansion: ofT TAPf facility Review and updatedi insurance requirements for bids, RFQs, RFPS, contract, etc. as needed Reissue complete sett to Departments Update City ordinance tobei inc compliance witht the Statel law Work with LCCS staff to ensure City of Troyi is properly mentionedi int thei indemnification documents Assist thee event planning committee and provide updates to the City Administration Collect 10p pianos, work with TMS and TTF tof find artists andl location for painting pianos, obtain PCa approval, place pianos Research and update Cemetery, Engineering, Development, Planning and Zoning and any other City Fees Continue working on updating procedures, provide procedures tot the departments, submit any formst tot the State Design, order andi install thes sign Breaker testing on primary ands secondary side oft transformers Repair joints, brick, ands seal brick on VOCE Building Clean1 17E and3 3W Quote, PO, schedule work with well 12 offline Automate generator transfer from! line power toe emergency generator Finish design and! begin construction phase Finish project design, PTI, and! bid project Bid anda award contract Bid anda award contract, substantial completion Purchase equipment, demolish old equipment, install Council authorization tobid Oversee construction, submit reportsto OEPA, meet final effluent limitations, substantial completion