BASA Member Update 11.8.19

Bricker Bullet

BRICKER BULLET NO. 2019-04

NOVEMBER 7, 2019

Ohio Ethics Commission informal opinion regarding private parties at OSBA Capital Conference

As many of you are hearing, on November 1, 2019, Ohio Ethics Commission Staff Advisory Attorney, JohnRawski, issued an Informal Opinion regarding third parties hosting open houses and receptions at the Ohio School Boards Association Capital Conference and Trade Show. In the November 1st Informal Opinion, Mr. Rawski reviewed a 2002Ohio Ethics CommissionAdvisory Opinion 1 and clarified the application of Ohio’s Ethics laws to receptions and open houses held at an off-site venue. In 2002, the OEC opined that a third party, such as a law firm, doing or seeking to do business with a public agency with representatives attending a conference is not prohibited from holding a reception or open house at an educational or informational conference held by an association of public officials and employees, as long as the following parameters are followed: A person that is providing a meal, reception, or open house at a conference of an association of public officials and employees must ensure that the meal, reception, or open house is: (a) of an ordinary, routine character; (b) at an educational or informational event; (c) open to all of the public officials and employees attending the event; and (d) within the parameters discussed in this opinion. Mr. Rawski further cited a 2006 Informal Opinion, holding that Ohio RevisedCode Sections 102.03(E) and (F), prohibit a public employee or official from

receiving, and a third party from providing, any meal or entertainment of a lavish nature, even if the meal or entertainment is offered to all conference attendees. 2 In addressing the facts presented to him presently, Mr. Rawski concluded that a “law firm cannot host an event for conference attendees at an off- site venue where no official conference events are scheduled.” Mr. Rawski further opined that the law firmwould not be prohibited fromhosting the off- site event provided the firm charges “an admission fee that accurately reflects an amount that covers the actual per-person cost of the event.” The Informal Opinion dated November 1, 2019 is consistent with prior Informal and Advisory Opinions of the Ohio Ethics Commission. 3 Under these opinions, youwill want to apply the following criteria when considering whether to attend receptions and open houses hosted by a third party: • Is the event of an ordinary, routine character, or does it appear to be lavish? • Is the event at an educational or informational event or conference, or is it off-site? • Is the event open to all of the public officials and employees attending the conference? More information about the requirements and prohibitions of Ohio’s Ethics Laws can be found at https://www.ethics.ohio.gov/education/factsheets/ EthicsLawOverview.pdf . If you, your Board

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