606.17 HAVING AN UNLAWFUL INTEREST IN A PUBLIC CONTRACT.

   (a)   No public official shall knowingly do any of the following:

      (1)   During the public official’s term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by the public official or by a legislative body, commission or board of which the public official was a member at the time of authorization unless the contract was let by competitive bidding, to the lowest and best bidder;

      (2)   Have an interest in the profits or benefits of a public contract entered into by or for the use of the Municipality or governmental agency or instrumentality with which the public official is connected;

      (3)   Have an interest in the profits or benefits of a public contract that is not let by competitive bidding if required by law, and that involves more than one hundred fifty dollars ($150.00).

   (b)   In the absence of bribery or a purpose to defraud, a public official, member of a public official’s family or any of a public official’s business associates shall not be considered as having an interest in a public contract if all of the following apply:

      (1)   The interest of that person is limited to owning or controlling shares of the corporation, or being a creditor of the corporation or other organization that is the contractor on the public contract involved, or that is the issuer of the security in which public funds are invested;

      (2)   The shares owned or controlled by that person do not exceed five percent (5%) of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed five percent (5%) of the total indebtedness of the corporation or other organization;

      (3)   That person, prior to the time the public contract is entered into, files with the Municipality or governmental agency or instrumentality involved, an affidavit giving that person’s exact status in connection with the corporation or other organization.

   (c)   This section does not apply to a public contract in which a public official, member of a public official’s family, or one of a public official’s business associates, has an interest, when all of the following apply:

      (1)   The subject of the public contract is necessary supplies or services for the Municipality or governmental agency or instrumentality involved;

      (2)   The supplies or services are unobtainable elsewhere for the same or lower cost, or are being furnished to the Municipality or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the Municipality or governmental agency or instrumentality involved;

      (3)   The treatment accorded the Municipality or governmental agency or instrumentality is either preferential to or the same as that accorded other customers or clients in similar transactions;

      (4)   The entire transaction is conducted at arm's length, with full knowledge by the Municipality or governmental agency or instrumentality involved, of the interest of the public official, member of the public official’s family or business associate, and the public official takes no part in the deliberations or decisions of the Municipality or governmental agency or instrumentality with respect to the public contract.

   (d)   Subsection (a)(4) does not prohibit participation by a public employee in any housing program funded by public moneys if the public employee otherwise qualifies for the program and does not use the authority or influence of the public employee’s office or employment to secure benefits from the program and if the moneys are to be used on the primary residence of the public employee.  Such participation does not constitute an unlawful interest in a public contract in violation of this section.

   (e)   Whoever violates this section is guilty of having an unlawful interest in a public contract.  Violation of this section is a misdemeanor of the first degree.

   (f)   It is not a violation of this section for a prosecuting attorney to appoint assistants and employees in accordance with Ohio R.C. 309.06 and 2921.421, or for a chief legal officer of a municipal corporation or an official designated as prosecutor in a municipal corporation to appoint assistants and employees in accordance with Ohio R.C. 733.621 and 2921.421.

   (g)   Any public contract in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest in violation of this section is void and unenforceable.  Any contract securing the investment of public funds in which a public official, a member of the public official’s family, or any of the public official’s business associates has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees and that was entered into in violation of this section is void and unenforceable.

   (h)   As used in this section:

      (1)   "Public contract" means any of the following:

         A.   The purchase or acquisition, or a contract for the purchase or acquisition of property or services by or for the use of the State, any of its political subdivisions, or any agency or instrumentality of either, including the employment of an individual by the State, any of its political subdivisions, or any agency or instrumentality of either.

         B.   A contract for the design, construction, alteration, repair or maintenance of any public property.

      (2)   "Chief legal officer" has the same meaning as in Ohio R.C. 733.621. 
(ORC 2921.42)

606.18 SOLICITING OR RECEIVING IMPROPER COMPENSATION.

   (a)   No public servant shall knowingly solicit or accept and no person shall knowingly promise or give to a public servant either of the following:

      (1)   Any compensation, other than is allowed by Ohio R.C. 102.03(G), (H), and (I) or other provisions of law, to perform the public servant’s official duties, to perform any other act or service in the public servant's public capacity, for the general performance of the duties of the public servant's public office or public employment, or as a supplement to the public servant's public compensation;

      (2)   Additional or greater fees or costs than are allowed by law to perform the public servant’s official duties.

   (b)   No public servant for the public servant’s own personal or business use and no person for the person’s own personal or business use or for the personal or business use of a public servant or party official, shall solicit or accept anything of value in consideration of either of the following:

      (1)   Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency;

      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion or other material aspects of employment.

   (c)   No person for the benefit of a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity shall coerce any contribution in consideration of either of the following:

      (1)   Appointing or securing, maintaining or renewing the appointment of any person to any public office, employment or agency;

      (2)   Preferring, or maintaining the status of, any public employee with respect to compensation, duties, placement, location, promotion or other material aspects of employment.

   (d)   Whoever violates this section is guilty of soliciting improper compensation, a misdemeanor of the first degree.

   (e)   A public servant who is convicted of a violation of this section is disqualified from holding any public office, employment or position of trust in this Municipality for a period of seven years from the date of conviction.

   (f)   Subsections (a), (b) and (c) hereof do not prohibit a person from making voluntary contributions to a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity or prohibit a political party, campaign committee, legislative campaign fund, political action committee or political contributing entity from accepting voluntary contributions. 

(ORC 2921.43)

606.19 DERELICTION OF DUTY.

   (a)    No law enforcement officer shall negligently do any of the following:

      (1)    Fail to serve a lawful warrant without delay;

      (2)    Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in his or her power to do so alone or with available assistance.

   (b)    No law enforcement, ministerial or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.

   (c)    No officer, having charge of a detention facility, shall negligently do any of the following:

      (1)    Allow the detention facility to become littered or unsanitary;

      (2)    Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical attention;

      (3)    Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;

      (4)    Allow a prisoner to escape;

      (5)    Fail to observe any lawful and reasonable regulation for the management of the detention facility.

   (d)    No public official of the Municipality shall recklessly create a deficiency, incur a liability or expend a greater sum than is appropriated by Council for the use in any one year of the department or agency of the Municipality.

   (e)    No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to his office, or recklessly do any act expressly forbidden by law with respect to his office.

   (f)   As used in this section, “public servant” includes an officer or employee of a contractor as defined in Ohio R.C. 9.08. 

606.20 INTERFERING WITH CIVIL RIGHTS.

   No public servant, under color of his office, employment or authority, shall knowingly deprive or conspire or attempt to deprive, any person of a constitutional or statutory right or a right created by ordinance, resolution or regulation.

(ORC 2921.45)

606.21 ATTEMPT.

   (a)   No person, purposely or knowingly, and when purpose or knowledge is sufficient culpability for the commission of an offense, shall engage in conduct that, if successful, would constitute or result in the offense.

   (b)   It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be.

   (c)   No person who is convicted of committing a specific offense or of complicity in the commission of an offense, shall be convicted of an attempt to commit the same offense in violation of this section.

   (d)   It is an affirmative defense to a charge under this section that the actor abandoned the actor’s effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of the actor’s criminal purpose.

   (e)   Whoever violates this section is guilty of an attempt to commit an offense.  An attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense is an offense of the same degree as the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt.  An attempt to commit any other misdemeanor is a misdemeanor of the next lesser degree than the misdemeanor attempted.  In the case of an attempt to commit an offense other than a violation of Ohio R.C. Chapter 3734 that is not specifically classified, an attempt is a misdemeanor of the first degree if the offense attempted is a felony under the Ohio Revised Code, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor.  An attempt to commit a minor misdemeanor is not an offense under this section. 

   (f)   As used in this section, “drug abuse offense” has the same meaning as in Ohio R.C. 2925.01.  (ORC 2923.02)

606.22 COMPLICITY.

   (a)   No person, acting with the kind of culpability required for the commission of an offense, shall do any of the following:

      (1)    Solicit or procure another to commit the offense;

      (2)    Aid or abet another in committing the offense;

      (3)    Conspire with another to commit the offense in violation of Ohio R.C. 2923.01 (Conspiracy);

      (4)    Cause an innocent or irresponsible person to commit the offense.

   (b)    It is no defense to a charge under this section that no person with whom the accused was in complicity has been convicted as a principal offender.

   (c)    No person shall be convicted of complicity under this section unless an offense is actually committed, but a person may be convicted of complicity in an attempt to commit an offense in violation of Section 606.21.

   (d)    If an alleged accomplice of the defendant testifies against the defendant in a case in which the defendant is charged with complicity in the commission of or an attempt to commit an offense, an attempt to commit an offense, or an offense, the court, when it charges the jury, shall state substantially the following:

   "The testimony of an accomplice does not become inadmissible because of his or her complicity, moral turpitude or self-interest, but the admitted or claimed complicity of a witness may affect his or her credibility and make his or her testimony subject to grave suspicion and require that it be weighed with great caution.

   It is for you, as jurors, in the light of all the facts presented to you from the witness stand, to evaluate such testimony and to determine its quality and worth or its lack of quality and worth."

   (e)    It is an affirmative defense to a charge under this section that, prior to the commission of or attempt to commit the offense, the actor terminated his or her complicity under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.

   (f)   Whoever violates this section is guilty of complicity in the commission of an offense, and shall be prosecuted and punished as if he or she were the principal offender. A charge of complicity may be stated in terms of this section or in terms of the principal offense.

(ORC 2923.03)

606.23 DETENTION OF SHOPLIFTERS, DISORDERLY PERSONS AND THIEVES; ARREST WITHOUT WARRANT.

   (a)    A merchant, or his employee or agent, who has probable cause to believe that items offered for sale by a mercantile establishment have been unlawfully taken by a person, may, for the purposes set forth in subsection (c) hereof, detain the person in a reasonable manner for a reasonable length of time within the mercantile establishment or its immediate vicinity.

   (b)    Any officer, employee or agent of a library, museum or archival institution may, for the purposes set forth in subsection (c) hereof or for the purpose of conducting a reasonable investigation of a belief that the person has acted in a manner described in paragraphs (b)(1) and (2) hereof, detain a person in a reasonable manner for a reasonable length of time within, or in the immediate vicinity of, the library, museum or archival institution, if the officer, employee or agent has probable cause to believe that the person has either:

      (1)    Without privilege to do so, knowingly moved, defaced, damaged, destroyed or otherwise improperly tampered with property owned by or in the custody of the library, museum or archival institution; or

      (2)    With purpose to deprive the library, museum or archival institution of property owned by it or in its custody, knowingly obtained or exerted control over the property without the consent of the owner or person authorized to give consent, beyond the scope of the express or implied consent of the owner or person authorized to give consent, by deception or by threat.

   (c)    An officer, agent or employee of a library, museum or archival institution pursuant to subsection (b) hereof or a merchant or his employee or agent pursuant to subsection (a) hereof may detain another person for any of the following purposes:

      (1)    To recover the property that is the subject of the unlawful taking, criminal mischief or theft;

      (2)    To cause an arrest to be made by a peace officer; or

      (3)    To obtain a warrant of arrest.

      (4)   To offer the person, if the person is suspected of the unlawful taking, criminal mischief, or theft and notwithstanding any other provision of this General Offenses or the Ohio Revised Code, an opportunity to complete a pretrial diversion program and to inform the person of the other legal remedies available to the library, museum, archival institution or merchant.

   (d)    The officer, agent or employee of the library, museum or archival institution, or the merchant or his employee or agent acting under subsection (a) or (b) hereof, shall not search the person, search or seize any property belonging to the person detained without the person's consent, or use undue restraint upon the person detained.

   (e)    Any peace officer may arrest without a warrant any person that he or she has probable cause to believe has committed any act described in paragraph (b)(1) or (2) hereof or that he or she has probable cause to believe has committed an unlawful taking in a mercantile establishment. An arrest under this subsection shall be made within a reasonable time after the commission of the act or unlawful taking.

   (f)    As used in this section:

      (1)    "Archival institution" means any public or private building, structure or shelter in which are stored historical documents, devices, records, manuscripts or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning, the materials.

      (2)    "Museum" means any public or private nonprofit institution that is permanently organized for primarily educational or aesthetic purposes, owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects or items.

      (3)   “Pretrial diversion program” means a rehabilitative, educational program designed to reduce recidivism and promote personal responsibility that is at least four hours in length and that has been approved by any court in this State. 
(ORC 2935.041)

606.24 DISPOSITION OF PROPERTY HELD BY LAW ENFORCEMENT AGENCY. (REPEALED)

   EDITOR'S NOTE:  Former Section 606.24 was repealed by Ordinance 2015-62.

606.25 IMPERSONATING AN OFFICER.

   (a)   As used in this section:

      (1)   "Peace officer" means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation or township constable who is employed by a political subdivision of this State; a member of a police force employed by a metropolitan housing authority under Ohio R.C. 3735.31(D); a member of a police force employed by a regional transit authority under Ohio R.C. 306.35(Y), a State university law enforcement officer appointed under Ohio R.C. 3345.04; a veterans' home police officer appointed under Ohio R.C. 5907.02; a special police officer employed by a port authority under Ohio R.C. 4582.04 or 4582.28; an officer, agent, or employee of the State or any of its agencies, instrumentalities or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a State highway patrol trooper whose primary duties are to preserve the peace, to protect life and property and to enforce the laws, ordinances or rules of the State or any of its political subdivisions.

      (2)   "Private police officer" means any security guard, special police officer, private detective or other person who is privately employed in a police capacity.

      (3)   “Federal law enforcement officer” means an employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.

      (4)   “Investigator of the Bureau of Criminal Identification and Investigation” has the same meaning as in Ohio R.C. 2903.11.

      (5)   "Impersonate" means to act the part of, assume the identity of, wear the uniform or any part of the uniform of or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.

   (b)   No person shall impersonate a peace officer, private police officer, federal law enforcement officer or investigator of the Bureau of Criminal Identification and Investigation.

   (c)   No person, by impersonating a peace officer, private police officer,  federal law enforcement officer, or investigator of the Bureau of Criminal Identification and Investigation, shall arrest or detain any person, search any person or search the property of any person.

   (d)   No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the State or the Municipality or investigator of the Bureau of Criminal Identification and Investigation.

   (e)   It is an affirmative defense to a charge under subsection (b) hereof that the impersonation of the peace officer was for a lawful purpose.

   (f)   Whoever violates this section is guilty of a misdemeanor of the first degree.  If the purpose of a violation of subsection (d) hereof is to commit or facilitate the commission of a felony, such violation is a felony and shall be prosecuted under appropriate State law. 

(ORC 2921.51)