Yes. On April 22, 2010, the Ohio Ethics Commission (OEC) issued Advisory Opinion No. 2010-01 regarding the application of the Ethics Law to community school officials. All governing boards of community schools are required to sign contracts agreeing to be bound by RC Chapter 102 and Section 2921.42. Because governing boards of community schools are agents of public agencies, the governing board members are also subject to RC 2921.43.

All officers and employees of a community school are also subject to the revolving door, confidentiality, conflict of interest, representation, public contract, and supplemental compensation restrictions in the Ethics Law and related statutes. Teachers who do not perform and have no authority to perform supervisory or administrative functions are exempted from revolving door and conflict of interest prohibitions.

What prompted this new opinion? The OEC first considered this question in Advisory Opinion No. 2003-01. At that time, the law that governed the application of the Ethics Law to community school officials and employees included several exceptions. Recently, the law was amended and the exceptions were removed. The Commission issued this opinion to make certain that all community school officials and employees subject to the law were aware of the statutory changes. This opinion specifically overrules the conclusions in Advisory Opinion No. 2003-01 regarding limits on the application of the Ethics Law and related statutes.

A copy of Advisory Opinion No. 2010-01 can be found at http://www.ethics.ohio.gov/opinions/2010-01.html.

Posted by OSBA Legal Ledger on 5/3/2011