Formal Advisory Opinions

Commission guidance addressing broad ethics questions

Formal Advisory Opinions address hypothetical situations that may affect many public officials or employees. Issued by the Commission, these numbered opinions explain how the Ohio Ethics Law applies to the facts presented.

Individuals who receive an advisory opinion, and others in similar circumstances, may rely on the guidance and receive civil and criminal immunity as provided in R.C. 102.08(E) and Ohio Adm.Code 102-3-01(C).

Easily find advice using the search feature. For example, searching for family will return advice containing the word family.

For assistance finding or understanding existing advice please call (614) 466-7090 and ask to speak with an Advisory Attorney.

Frequently Searched Topics

Click a topic below to review Formal Advisory Opinions on frequently searched subjects. To see all Formal Advisory Opinions, visit the Formal Advisory Opinion Archive.

Conflicts of Interest

  • 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 in 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 in matters affecting outside employer
  • 2016-01 Employment with non-profit that receives public assistance
  • 2018-02 Participation in property matters
  • 2021-02 Vote for oneself as presiding officer
  • 2024-01 Serving on a non-profit board in official capacity
  • 2026-01 Civil legal defense funds

Gifts

  • 86-003 Serving as Veteran Home resident’s executor
  • 86-011 Travel, meal and lodging matters (Overruled in part by Ohio Adm. Code 102-3-08 Appx. A.)
  • 89-002 Donations to public entities
  • 89-014 Travel, meal and lodging matters
  • 90-001 Travel, meal and lodging matters
  • 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 of value
  • 2001-04 Travel, meal and lodging matters
  • 2002-02 Meals, open houses and 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 Ceremonial gifts
  • 2020-01 Bequests
  • 2020-03 Attending ceremonial events
  • 2023-01 Donations and payments to government entities
  • 2025-02 Frequent flyer miles and reward programs

Public Jobs & Family

  • 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 chief authorizing 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
  • 2025-01 Definition of family, including domestic partners

Revolving Door & Post-Employment

  • 80-008 Former state employee representing client on matter with personal participation
  • 82-002 Former state auditor employee representing new employer
  • 84-005 Former state employee representing new employer on new matter before former agency
  • 86-001 Former employee of Department of Insurance representing client before former employer
  • 86-006 Former state employees representing new 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 or grant he or she authorized
  • 89-003 Post-employment restrictions for those who had solid or hazardous waste discretion (Overruled in part by 91-003)
  • 89-009 Former transit authority employee contracting with transit authority
  • 91-003 Post-employment restrictions for those who had solid or hazardous waste discretion
  • 92-005 Former assistant law director retained by port authority
  • 99-001 Post-employment restrictions and former county Child Support Enforcement Agency attorneys
  • 2004-04 Explains the term “proposal, consideration, or enactment” of legislation
  • 2011-03 Overview of the post-employment restrictions
  • 2012-03 New revolving door exceptions
  • 2012-04 Revolving door law exception

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 to benefit private employer
  • 88-007 Authorizing public contracts for spouse’s 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
  • 92-003 Acting on public contracts that impact business associates (Inapplicable in part due to subsequent 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 on 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

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 or services to county
  • 88-008 City council member serving as insurance company director with public contract by city council
  • 89-010 Selling tool sharpening services to another state agency
  • 90-003 School board member selling goods or 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

Formal Advisory Opinion Archive

Browse all Formal Advisory Opinions by year. Overruled and Obsolete Formal Advisory Opinions are noted.

Overruled and Obsolete Formal Advisory Opinions

The following Formal Advisory Opinions have been overruled, modified, repealed, or affected by statutory changes. These notes provide additional context regarding their current applicability.

74-004 - Determination that 1) members of a county board of elections are state officers, who are subject to R.C. 102.04(A) because they are appointed by the Secretary of State but are not county officers, who are subject to R.C. 102.04(C) and 2) established a test for when a person is "appointed to an office".

1) Overruled by 93-004, which explains that for purposes of R.C. 102.04, a member of a county board of elections can be deemed to be both a state and county officer due to his unique position, and 2) Modified by 75-004, which determined that whether a person exercises "sovereign power" is an additional and essential criterion for determining if someone is "appointed to an office."

74-007 - Determination that members of a county board of elections are state officers, who are subject to R.C. 102.04(A) because they are appointed by the Secretary of State but are not county officers, who are subject to R.C. 102.04(C).

Overruled by 93-004, which explains that for purposes of R.C. 102.04, a member of a county board of elections can be deemed to be both a state and county officer due to his unique position.

74-009 - Determination that a member of a municipal planning commission is not prohibited from receiving a distributive share of partnership profits for services rendered by a business partner in a matter before the commission.

Overruled by 89-016, which explains that the enactment of R.C. 102.03(E) in 1986 prohibits a public official from accepting a distributive share of fees paid by clients for services rendered by business partners on matters before his public agency.

75-009 - Determination that a County Library District is a political subdivision.

Repealed by 76-014, which upholds the conclusion that a County Library District is a political subdivision but provides additional analysis.

75-022 - Determination that a member of the Ohio Board of Regents is not a "public official or employee" as defined in R.C. 102.01(B) and not subject to R.C. 102.03.

Inapplicable due to a subsequent amendment to R.C. 102.01(B).

75-023 - Determination that the Director of the Ohio Department of Agriculture can issue licenses to a corporation in which he and his immediate family have sold goods and services totaling less than $1000 in the year preceding the license application.

Inapplicable due to a subsequent amendment to R.C. 102.03(C).

75-024 - Determination that a member of a city civil service commission is not a "public official or employee" as defined in R.C. 102.01(B) and not subject to R.C. 102.03.

Inapplicable due to a subsequent amendment to R.C. 102.01(B).

75-025 - Determination that a member of the Ohio Student Loan Commission, who is a lawyer, is not prohibited by R.C. 102.04(A) from receiving a distributive share of partnership profits from services rendered by his partners in matters which are before state agencies, including his own.

Overruled by 89-016, which explains that the enactment of R.C. 102.03(E) in 1986 prohibits a public official from accepting a distributive share of fees paid by clients for services rendered by business partners on matters before his public agency.

75-027 - Determination that a faculty member who is employed by the University of Cincinnati is not an employee of a state institution.

Inapplicable due to statutory change.

75-029 - Determination that a school board member is not a "public official or employee" as defined in R.C. 102.01(B) and not subject to R.C. 102.03.

Inapplicable, in part, due to a subsequent amendment to R.C. 102.01(B). The holding of this opinion requiring State Board of Education members to file a financial disclosure statements is valid and codified in R.C. 102.02(A)(1). For further details, please visit the Financial Disclosure page.

75-030 - Determination that a person may serve in compensated positions as a city councilman and a volunteer firefighter in the same city.

Overruled by 91-002, which explains that amendments to the Ethics Law prohibit an elected officer of a political subdivision from simultaneously holding compensated employment with the officer's own political subdivision. See also 2001-01.

75-032 - Determination that a city council member must file a financial disclosure statement for the entire calendar year after leaving office in the beginning of January.

Modified by 2018-01, which explains that any state elected officer, and certain staff members, who leave office in early January must file a financial disclosure statement on or before May 15th of that year. For further details please visit the Financial Disclosure page.

75-035 - Determination that a member of a municipal civil service commission is prohibited by R.C. 102.04(B) from receiving compensation for services rendered by him personally in any matter which is before any agency of that municipal corporation, excluding the courts.

Inapplicable due to a subsequent amendment enacting R.C. 102.04(D), which provides an exception for matters before an agency of the municipal corporation other than the one upon which he serves.

76-001 - Determination that R.C. 102.04 does not prohibit a member of a county public defender commission from practicing law before the courts in the county.

Cautioned by 2009-INF-1104 (Newman), stating that the Informal Advisory Opinion did not overrule 76-001, but noted that significant statutory changes had been enacted since it was issued.

80-007 - Determination that property owners whose property will benefit from infrastructure improvements have a prohibited "interest" in a public contract for purposes of R.C. 2921.42.

Overruled by 92-013, which explains that the owner of the company that performs the work for the improvement has a definite and direct interest in a public contract, but that the interest of a property owner whose property benefits from the improvement is a thing of value for purposes of R.C. 102.03(D) and (E), but not definite and direct interest in a public contract for purposes of R.C. 2921.42.

85-003 - Determination that a public official who is covered by health insurance that his spouse receives as an employee of his political subdivision has a prohibited interest in his spouse's contract of employment with his political subdivision for purposes of R.C. 2921.42.

Overruled by 92-017, which explains that a board of education member whose spouse is employed by the district can be covered by health insurance that his spouse receives as a district employee pursuant to a collective bargaining agreement provided that the board member does not use his authority or influence to authorize the collective bargaining agreement.

85-007 - Determination that a county treasurer is not prohibited from serving on the board of directors of a bank that is a depository for county funds in all circumstances.

Overruled by 2004-02, which explains that the enactment of R.C. 102.03 (D) and (E) would render the treasurer unable to perform statutorily mandated duties if the treasurer served on the board of directors of a bank that is a depository for county funds.

86-004 - Determination that a member of a regional authority who is a partner in a private law firm is not prohibited from receiving a distributive share of partnership profits generated by the representation of a client by another member of the firm on a matter before the authority.

Overruled by 89-016, which explains that the enactment of R.C. 102.03(E) in 1986 prohibits a public official from accepting a distributive share of fees paid by clients for services rendered by business partners on matters before his public agency.

86-011 - Determination that the exception in R.C. 102.03(I) did not allow an official or employee of a public agency to accept travel expenses or reimbursement from prohibited sources for any reason.

Overruled, in part, by Ohio Adm. Code 102-3-08 Appx. A., which permits an official or employee to accept travel expenses from certain otherwise prohibited sources when all the requirements of Ohio Adm. Code 102-3-08 are met.

89-003 - Determination that a public official or employee who participated in certain solid or hazardous waste matters under R.C. Chapters 343. or 3734. is prohibited from representing an owner or operator of a Facility, as defined in R.C. 3734.01, before any public agency for twenty-four months after leaving government services on any matter.

Overruled, in part, by 91-003, which explains that the amendment to R.C. 102.03(A) prohibits the public official or employee from representing the Facility owner or operator on a matter that the public official or employee personally participated.

91-010 - Determination that the Ethics Law prohibited public officials or employees from using frequent flyer miles accrued during official travel for personal use.

Overruled by 2025-02, which determined that public officials or employees can use frequent flyer miles, credit card rewards, hotel points, or other rewards earned during official business for their personal use, provided that (1) these rewards are earned the same way as members of the public would earn them; and (2) they do not impose additional costs to the public agency.

92-003 - Determination that a city law director is prohibited from hiring his or her business associates as assistant law directors.

Overruled by 2003-INF-0508-2 (Stergios), which explains that the opinion's conclusion is inapplicable, in part, due to subsequent statutory amendments to R.C. 2921.421, R.C. 309.06, and R.C. 733.621.

93-001 - Determination that a stockholder occupies a "position of profit" in the corporation's contracts for purposes of R.C. 2921.42(A)(3).

Overruled by 2009-05, which explains that when a public official who owns less than one percent of the stock in a publicly traded corporation and has no other financial or fiduciary connection to the corporation, his profit as a stockholder cannot be definitely and directly linked to the performance of any of the corporation's individual contracts.

93-007 - Determination that R.C. 102.03(D) prohibited Ohio Tuition Trust Authority members, who also invest in college savings programs, from participating in any way with respect to any matter before the Ohio Tuition Trust Authority that would have a definite and particular effect on their financial interests or the interests of their beneficiaries under the program.

Reconsidered by 2001-06, which reverses the application of the holding and allows a member of the Ohio Tuition Trust Authority, who invests in a college savings program, to participate in decisions such as setting the purchase price for tuition credits because such matters result in a general, uniform benefit or detriment to all investors in the college savings program.

95-005 - Determination that the exception in R.C. 102.03(I) did not allow an official or employee of a public agency to accept travel expenses or reimbursement from prohibited sources for any reason.

Overruled, in part, by Ohio Adm. Code 102-3-08 Appx. A., which permits an official or employee to accept travel expenses from certain otherwise prohibited sources when all the requirements of Ohio Adm. Code 102-3-08 are met.

2003-01 - Determination that a community school governing board member was not subject to all aspects of the Ethics Law.

Overruled by 2010-01, which explains that the amendment of R.C. 3114.03(A)(11)(e) removed the previously applicable exception and required community school governing board members comply with the Ethics Law. Additionally, the Ohio Supreme Court held that community schools are public schools and school officials and employees are "public officials" in Cordray v. Int'l Preparatory School, 2010-Ohio-6136.