1. Where is the financial disclosure law found?

The Financial Disclosure Law, found in Ohio’s Revised Code, at Section 102.02, is part of the Ohio Ethics Law.

2. What is the purpose of the Financial Disclosure Law?

The financial disclosure requirement reminds public officials and employees of their financial interests to help them avoid conflicts of interest. The disclosure requirement also promotes confidence in the integrity in state and local government by assisting the public in recognizing areas of potential conflict of interest.

3. Who is required to file a financial disclosure statement with the Ethics Commission?

4. Where can I get a blank financial disclosure statement to complete?

If you are an elected official or candidate for public office, you can get a blank financial disclosure statement from the public agency, the board of elections in your county, or the Ohio Ethics Commission. If you are not an elected official or candidate for a public office, you can get a blank financial disclosure statement from the public agency or the Ohio Ethics Commission.

5. Are village and township officials and employees required to file financial disclosure statements?

No. These officials and employees are specifically exempted from the filing requirement under R.C. 102.02(H).

6. Is a person elected or appointed to the office of precinct, ward, or district Committee member required to file an FDS?

No. These officials and employees are specifically exempted from the filing requirement under R.C. 102.02(H).

7. A person is a candidate for an office for which she is required to file a financial disclosure statement (state, county, or city elective office). Why is the candidate required to file a financial disclosure statement providing information for the calendar year before she was a candidate?

A financial disclosure filer is always required to provide financial information for the complete calendar year prior to the year in which she is filing, even if the filer was not a candidate in that year.

For example, a candidate for city council in 2000, who is on the ballot for the primary election, would file a financial disclosure statement for calendar year 1999. The 1999 statement would not include any financial information for calendar year 2000. Once the candidate is elected, she must file a disclosure statement by April 15 of each year, reflecting financial information for the preceding calendar year.

This method assures that the same types of financial information are disclosed by all officials uniformly, regardless of the time of year at which the officials are required to file their forms.

8. If I don’t spend any money on my campaign, am I still required to file a financial disclosure statement?

Yes. The financial disclosure statement is a statement of personal financial information, and the requirement to file is not tied to campaign spending. If you are a candidate for state, county, or city elective office, or school board member in school districts with more than 12,000 students, you must file a financial disclosure statement, regardless of the amount of money you spent on your campaign.

9. If I hold or held more than one public position for which I am required to file a financial disclosure statement, am I required to file more than one statement?

No. You are required to file only one statement per calendar year. You must disclose all of the filing positions you hold, or which you held during the calendar year for which you are filing, on that statement. See R.C. 102.02(A) and Adv. Op. No. 93-005.

10. If I hold or held more than one public position for which I am required to file a financial disclosure statement, which form should I file, which questions should I answer, and which fee should I pay?

Generally, you should use the form, answer the questions, and pay the fee, for the public position that requires the greater level of disclosure. However, you should contact the Ethics Commission for further information if you hold more than one position for which you are required to file a financial disclosure statement.

11. I served temporarily as a treasurer for a school district for two months. Am I required to file a financial disclosure statement?

Yes. The financial disclosure law requires every person who serves as business manager, treasurer, or superintendent of a school district to file a financial disclosure statement regardless of the length of time he or she served in the position, and regardless of whether he or she was an employee of the school district or a contractor working for an outside party.

12. I misplaced my financial disclosure statement. Can you fax me another one?

The Commission does not fax blank financial disclosure statements. You may download a blank financial disclosure statement from the Ethics Commission Web site or contact the Commission, and the staff will mail you a blank form. Blank forms are also available from the public entity you serve and from county boards of elections.

13. Can I file my form by fax?

No. Each form must be legible, and must have an original signature. Therefore, the Commission will not accept filings submitted by fax.

14. What is the filing deadline?
The general filing deadline is April 15, except as noted below:

1. Candidates’ deadline: 30 days prior to first election (primary, special, or general) at which their candidacy will be voted on;


2. Write-in candidates’ deadline: 20 days prior to first election (primary, special, or general) at which their candidacy will be voted on;


3. Persons newly appointed to elective office: 15 days after they are sworn in to office; and


4. Persons hired, promoted, or appointed to non-elective office after February 15^th of the year: 90 days after they are hired, promoted, or appointed.
15. What is the appropriate filing deadline for an incumbent who intends to become a candidate for elected office?
An incumbent must file by April 15, unless he has filed a petition to run for election, and his candidacy has been certified to the official ballot by the board of elections before April 15. If his candidacy has been certified to the official ballot by the board of elections, the candidate must file no later than thirty days before the first election at which his candidacy will be voted on.
16. What is the fee for filing a financial disclosure statement?
Effective January 1, 2004, all filing fees were increased by $15.00. This applies to any statement due to be filed on or after January 1, 2004. The old fees apply to any statements that are required to be filed prior to January 1, 2004.

Position	Old Fee	New Fee
State elected office	50.00	65.00
State Board of Education	10.00	25.00
County elected office	25.00	40.00
City elected office	10.00	25.00
School board member	5.00	20.00
University or college trustee	25.00	40.00
Member, Board of directors of sanitary district	25.00	40.00
Superintendent, Treasurer, or Business Manager	5.00	20.00
State official or employee	25.00	40.00
Voluntary filer	25.00	40.00

17. Why did the filing fees change?

The General Assembly authorized an across-the-board fee increase in the 2004-2005 biennium budget bill, Am. Sub. H.B. 95. This is the first time fees have increased in 10 years.

18. I accidentally sent the old fee amount when I filed my statement in 2004. What should I do now?

As long as your statement was filed on time, submit a check or money order for the balance of the fee made payable to the "Ohio Ethics Commission." Please identify your filing position on the memo line.

19. What are the new late fees?

Effective with all statements that are required to be filed on or after January 1, 2004, the late filing fee is $10 per day, up to a maximum of $250, for all filers regardless of the position held.

20. Does my form have to be received at the Ethics Commission by the deadline, or just postmarked by the deadline?

A financial disclosure statement is considered to be timely filed if it is postmarked by the U.S. Postal Service on or before the date of the deadline, or if it is received at the office of the Ethics Commission on or before the date of the deadline.

21. What happens if I fail to file a financial disclosure statement by the deadline?

You are assessed a late filing fee equal to $10.00 per day, up to a maximum of $250.00. See R.C. 102.02(F). You may also be subject to criminal prosecution.

22. What is the sanction imposed for failing to file a financial disclosure statement?

It is a criminal offense (fourth-degree misdemeanor) to knowingly fail to file a financial disclosure statement.

23. What is the sanction imposed for filing a false financial disclosure statement?

It is a criminal offense (first-degree misdemeanor) to knowingly file a false financial disclosure statement.

24. What is the purpose of the Statement of Interest attached to the form that is filed by those public officials and employees who file confidential statements?

The Commission is required to review all confidential statements for the potential of a conflict of interest. The purpose of the Statement of Interest is to assist the Commission in identifying those potential conflicts of interest. The Commission is required by statute to make those portions of the financial disclosure statement that contain such potential conflicts of interest subject to public disclosure.

25. I left my filing position last year. Why do I have to file a Financial Disclosure Statement this year?

You are required to file a statement for each year in which you hold a filing position. Therefore, you are required to file a statement, reflecting the complete preceding calendar year, in the year after you leave your public position. This applies to all persons who served in any filing position. It does not apply to candidates who are not elected to office.

For example, a high-ranking state official leaves her state position in February 2000. She must file an annual financial disclosure statement by April 16, 2000 which covers financial information for calendar year 1999, as well as an additional statement by April 16, 2001 covering financial information for calendar year 2000.

26. I left one filing position and began a different one. Do I have to file two separate statements?

The Ethics Law states that no person is required to file more than one financial disclosure statement for any one calendar year. If you are required to file in your new position as well as your former position, you need to file only one annual statement.

Should the level of disclosure for the two positions differ, then you file in accordance with the position that requires the higher level of disclosure (and pay the appropriate filing fee), until you are no longer required to file statements covering the period you served in your former position. If the level of disclosure for the two positions is the same, then you file in accordance with the new position.

If your new position requires you to file with an ethics office other than the one you had been filing with in your previous position, contact the Ohio Ethics Commission to determine which office should receive your statement. In addition, if you have any questions in regard to the appropriate level of disclosure or filing fee, contact the Ohio Ethics Commission at (614) 466-7090.

27. Are financial disclosure statements publicly available?

Most are. However, the Ethics Law provides that some forms are not public record. Confidential statements are those filed by:


• Uncompensated members of state boards and commissions; and
  
• School district superintendents, treasurers, and business managers.
Each confidential form is reviewed by the Commission for possible conflicts of interest. Any portion of the form that shows possible conflicts are public record.
28. How do I obtain a copy of a financial disclosure statement?

You may request a copy of a 2005, 2004, or 2003 financial disclosure statement, in person at the Commission offices or in writing. The address is: Ohio Ethics Commission, 8 East Long Street, 10th Floor, Columbus, Ohio, 43215. You may also call to request a statement at 614-466-7090. Copies are provided free of charge.

Statements filed prior to 2003 are archived at the Ohio Historical Society, 1982 Velma Avenue, Columbus, OH 43211. You must contact the Historical Society directly to review or receive a copy of an archived statement.

1. Am I required to disclose the amount of income I received from each source of income that I disclose on my financial disclosure statement?

If you are filing the statement because you are a member of the board of trustees of a state college or university, or are an officer, employee, or candidate for an elected office in a political subdivision, and the compensation for the position you hold is less than $16,000 annually, you are not required to disclose the amount of income you receive from any source.
 
If you are filing the statement for any other reason, you are not required to disclose the amount of income received from a source unless you know or have reason to know that the source is doing or seeking to do business of any kind with your public agency, or is a legislative agent.

2. Am I required to disclose my spouse’s income and investments on my financial disclosure statement?

No, unless the income or investments are specifically designated for your use or benefit.

3. What must I disclose as a "name under which you or members of your immediate family do business"?

You must disclose the names of any corporations, companies, proprietorships, partnerships, or other business entities under which you, your spouse residing in your household, or your dependent children conduct a business.

1. Am I required to disclose my personal gifts on my financial disclosure statement?

You are required to disclose sources of any gifts, including personal gifts, that have a fair market value over the threshold amount if you received the gifts from individuals other than parents, grandparents, siblings, nephews, nieces, uncles, aunts, brothers-in-law, and sisters-in-law. You are not required to disclose the nature of the gifts.

2. Am I required to disclose contributions to my political campaign on my financial disclosure statement?

No. These are payments to your campaign fund, not gifts to you. These contributions must be disclosed, however, on a form that you must file in connection with your campaign. For more information, contact your county board of elections or the Office of the Secretary of State.

3. For purposes of financial disclosure, is the value of each gift from one source counted alone or are the values of all gifts from one source totaled together?

The values of all gifts from one source are totaled together. See Adv. Op. No. 94-003. For instance, if you receive three gifts from the same source in a year, and the total value of the gifts is more than the threshold amount, you are required to disclose that source on your financial disclosure statement.

4. How do I determine the value of a gift that I receive?

The gift should be valued at its fair market value. "Fair market value" is the minimum amount you would have to pay to obtain the same item in the same geographical area at the same time the item was provided to you. If the fair market value of the item is over the threshold amount, you must disclose the source of the gift on your financial disclosure statement. See Adv. Op. No. 96-003.

5. Should I disclose sources of gifts valued at more than $75.00 or more than $500.00?

If you are filing the financial disclosure statement because you are a member of the board of trustees of a state college or university, or are an officer, employee, or candidate for an elected office in a political subdivision, and the compensation for the position you hold is less than $16,000 annually, you must disclose the sources of any gift valued at more than $500.00.

If you are filing the financial disclosure statement for any other reason, you must disclose the sources of gifts valued at more than $75.00.

1. Am I required to disclose each payment for travel expenses on my financial disclosure statement, or can I add all the payments together and disclose only the total payment from each source?

You are required to disclose each payment of travel expenses from each source. For example, if you received four separate payments for travel expenses from the same source in a calendar year, you are required to disclose the source and amount of each payment in four separate entries on your financial disclosure statement. See R.C. 102.02(A)(8).

2. If someone gives me a trip on a private aircraft, or lodging in a private home without payment of any kind, must I disclose that as a gift or as travel?

If the trip is in connection with your public duties, then you must report the source of the trip or lodging as payment for travel expenses on your financial disclosure statement. If the trip is not in connection with your public duties, then you must report the source of the trip or lodging as the donor of a gift on your financial disclosure statement if the fair market value of the gift exceeds $75.00. See R.C. 102.02(A)(7) and Adv. Op. No. 96-003.

3. Am I required to report travel expenses that are received for travel to a national conference of an association to which my state agency pays membership dues?

No. See R.C. 102.02(A)(8) and Adv. Op. No. 94-004.

1. I invested funds through a stock brokerage firm. Am I required to list each corporation in which I have invested through the stock brokerage firm on my financial disclosure statement?

You are required to disclose the names of each corporation incorporated or authorized to do business in Ohio in which you had an investment of $1,000 or more. Therefore, you would not be required to disclose the stock brokerage firm on your financial disclosure statement, unless you invested in the brokerage itself or in a fund that the brokerage owns. Instead, you would disclose the name of each corporation in which the stock brokerage had invested, on your behalf, $1,000 or more at any time during the preceding calendar year.

2. Am I required to list mutual funds in which I have placed deferred compensation on my financial disclosure statement?

Yes. It is a reportable investment. You would need to disclose the name of the fund in which you have chosen to have your compensation invested through the deferred compensation program, but you are not required to list individual holdings within the fund.