HB 66- Statue, cont.
3 | P a g e
If the employee reasonably believes that a violation or misuse of public resources is a criminal
offense, the employee, in addition to or instead of filing a written report or complaint with the
supervisor, appointing authority, the office of internal auditing, or the auditor of state’s fraud-
reporting system, may report it to a prosecuting attorney, director of law, village solicitor, or
similar chief legal officer of a municipal corporation, to a peace officer, as defined in section
2935.01 of the Revised Code, or, if the violation or misuse of public resources is within the
jurisdiction of the inspector general, to the inspector general in accordance with section 121.46
of the Revised Code. In addition to that report, if the employee reasonably believes the violation
or misuse is also a violation of Chapter 102., section 2921.42, or section 2921.43 of the Revised
Code, the employee may report it to the appropriate ethics commission.
(B) Except as otherwise provided in division (C) of this section, no officer or employee in the
classified or unclassified civil service shall take any disciplinary action against an employee in the
classified or unclassified civil service for making any report or filing a complaint as authorized by
division (A) of this section, including, without limitation, doing any of the following:
(1) Removing or suspending the employee from employment;
(2) Withholding from the employee salary increases or employee benefits to which the employee
is otherwise entitled;
(3) Transferring or reassigning the employee;
(4
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Denying the employee promotion that otherwise would have been received;
(5) Reducing the employee in pay or position.
(
C) An employee in the classified or unclassified civil service shall make a reasonable effort to
determine the accuracy of any information reported under division (A) of this section. The
employee is subject to disciplinary action, including suspension or removal, as determined by the
employee’s appointing authority, for purposely, knowingly, or recklessly reporting false
information under division (A) of this section.
(D) If an appointing authority takes any disciplinary or retaliatory action against a classified or
unclassified employee as a result of the employee’s having filed a report or complaint under
division (A) of this section, the employee’s sole and exclusive remedy, notwithstanding any other
provision of law, is to file an appeal with the state personnel board of review within thirty days
after receiving actual notice of the appointing authority’s action. If the employee files such an
appeal, the board shall immediately notify the employee’s appointing authority and shall hear the
appeal. The board may affirm or disaffirm the action of the appointing authority or may issue an
y
o
ther order as is appropriate. The order of the board is appealable in accordance with Chapter
119. of the Revised Code.
(E) As used in this section:
(1) “Purposely,” “knowingly,” and “recklessly” have the same meanings as in section 2901.22 of
the Revised Code.
(2) “Appropriate ethics commission” has the same meaning as in section 102.01 of the Revised
Code.
(3) “Inspector general” means the inspector general appointed under section 121.48 of the
Revised Code.
