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(a) No public official shall knowingly do any of the following:
(1) Authorize or employ the authority of his or her office to secure authorization of any public contract in which he, she, a member of his or her family, or any of his or her business associates has an interest.
(2) Authorize or employ the authority or influence of his or her office to secure the investment of public funds in any share, bond, mortgage, or other security with respect to which he, she, a member of his or her family, or any of his or her business associates either has an interest, is an underwriter, or receives any brokerage, origination, or servicing fees.
(3) During his or her term of office or within one year thereafter, occupy any position of profit in the prosecution of a public contract authorized by him or her or by a legislative body, commission, or board of which he or she was a member at the time of authorization, unless the contract was let by competitive bidding to the lowest and best bidder.
(4) Have an interest in the profits or benefits of a public contract entered into by or for the use of the political subdivision or governmental agency or instrumentality with which he or she is connected.
(5) Have an interest in the profits or benefits of a public contract that is not let by competitive bidding when 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 his or her family, or any of his or her business associates shall not be considered as having an interest in a public contract or the investment of public funds, 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 5% of the outstanding shares of the corporation, and the amount due that person as creditor does not exceed 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 political subdivision or governmental agency or instrumentality involved, an affidavit giving his or her 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 his or her family, or one of his or her 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 political subdivision 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 political subdivision or governmental agency or instrumentality as part of a continuing course of dealing established prior to the public official's becoming associated with the political subdivision or governmental agency or instrumentality involved.
(3) The treatment accorded the political subdivision 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 political subdivision or governmental agency or instrumentality involved, of the interest of the public official, member of his or her family, or business associate, and the public official takes no part in the deliberations or decision of the political subdivision or governmental agency or instrumentality with respect to the public contract.
(d) Division (a)(4) of this section does not prohibit participation by a public employee in any housing program funded by public monies if the public employee otherwise qualifies for the program and does not use the authority or influence of his or her office or employment to secure benefits from the program and if the monies 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 division (a)(1) or (2) of this section is a felony to be prosecuted under appropriate State law. Violation of division (a)(3), (4), or (5) 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 municipality or an official designated as prosecutor in a municipality to appoint assistants and employees in accordance with Ohio R.C. 733.621 and 2921.421, or for a township law director appointed under Ohio R.C. 504.15 to appoint assistants and employees in accordance with Ohio R.C. 504.151 and 2921.421.
(g) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Chief legal officer" has the same meaning as in Ohio R.C. 733.621.
(2) "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 or 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.
(ORC 2921.42)
(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, or political action committee 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, or political action committee or prohibit a political party, campaign committee, legislative campaign fund, or political action committee from accepting voluntary contributions.
(ORC 2921.43)
(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 the law enforcement officer's 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 shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the Council for the use in any one year of the department, agency, or institution with which the public official is connected.
(e) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant's office, or recklessly do any act expressly forbidden by law with respect to the public servant's office.
(f) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.
(g) As used in this section, "public servant" includes an officer or employee of a contractor as defined in Ohio R.C. 9.08.
(ORC 2921.44)
(a) No public servant, under color of the public servant’s office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.
(b) Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree. (ORC 2921.45)
(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, of complicity in the commission of an offense, or of conspiracy to commit 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 his or her effort to commit the offense or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his or her criminal purpose.
(e) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree, to be prosecuted under appropriate State law. 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 offense is an offense of the next lesser degree than the offense 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, and a misdemeanor of the fourth degree if the offense attempted is a misdemeanor. In the case of an attempt to commit a violation of any provision of Ohio R.C. Chapter 3734, other than Ohio R.C. 3734.18, that relates to hazardous wastes, an attempt is a felony to be prosecuted under appropriate State law. An attempt to commit a minor misdemeanor, or to engage in conspiracy, 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)
(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;
(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 Ohio R.C. 2923.02 or a substantially similar municipal ordinance.
(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 shall charge the jury in accordance with Ohio R.C. 2923.03(D).
(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 a principal offender. A charge of complicity may be stated in terms of this section, or in terms of the principal offense.
(ORC 2923.03)
(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 subsections (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;
(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 has probable cause to believe has committed any act described in subsection (b)(1) or (2) hereof or that he 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)
(a) (1) Any property, other than contraband that is subject to the provisions of Ohio R.C. 2913.34 or Ohio R.C. 2933.43, other than property that is subject to Ohio R.C. 3719.141, other than property forfeited under Ohio R.C. 2923.44 to 2923.47 or Ohio R.C. 2925.41 to 2925.45, and other than a vehicle that is criminally forfeited under an order issued under Ohio R.C. 4503.233 or Ohio R.C. 4503.234 and that is to be disposed of under Ohio R.C. 4503.234, other than property that has been lawfully seized under Ohio R.C. 2933.71 to 2933.75 in relation to a medicaid fraud offense, and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2923.32, that has been lost, abandoned, stolen, seized pursuant to a search warrant, or otherwise lawfully seized or forfeited, and that is in the custody of the Police Department, shall be kept safely pending the time it no longer is needed as evidence, and shall be disposed of pursuant to this section. The Police Department shall adopt a written internal control policy that addresses the keeping of detailed records as to the amount of property taken in by the Police Department, that addresses the Police Department's disposition of the property under this section, that provides for the keeping of detailed records of the disposition of the property, and that provides for the keeping of detailed financial records of the amount and disposition of any proceeds of a sale of the property under division (d)(8) of this section and of the general types of expenditures made out of the proceeds retained by the Police Department and the specific amount expended on each general type of expenditure. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation. The policy is a public record open for inspection under Ohio R.C. 149.43.
(2) A. 1. The Police Department, having any lost, abandoned, stolen, seized or forfeited property as described in division (a)(1) of this section, in its custody, shall comply with its written internal control policy adopted under that division relative to the property. The Police Department having any such property in its custody, except for property to be disposed of under division (d)(4) of this section, shall maintain an accurate record, in accordance with its written internal control policy, of each item of the property. The record shall include the date on which each item of property came into the Police Department's custody, the manner in which it was disposed of, the date of its disposition, the name of the person who received the property if it was not destroyed, and all other information required by the Police Department's written internal control policy; however, the record shall not identify or enable the identification of the individual officer who seized any item of property. The record of any property that no longer is needed as evidence, and all financial records of the amount and disposition of any proceeds of a sale under division (d)(8) of this section, and of the general types of expenditures made out of the proceeds retained by the Police Department and the specific amount of each general type of expenditure, shall be open to public inspection during the Police Department's regular business hours.
2. The Police Department, having during any calendar year any seized or forfeited property as described in division (a)(1) of this section in its custody, shall prepare a report covering the calendar year that cumulates all of the information contained in all of the records kept by the Police Department pursuant to this division for that calendar year, and shall send a copy of the cumulative report, no later than March 1 in the calendar year following the calendar year covered by the report, to the Ohio Attorney General. Each report received by the Attorney General is a public record open for inspection under Ohio R.C. 149.43.
B. The Police Department, having received in any calendar year any proceeds of a sale under division (d)(8) of this section, shall prepare a report covering the calendar year that cumulates all of the information contained in all of the public financial records kept by the Police Department pursuant to division (d)(2)A. of this section for that calendar year, and shall send a copy of the cumulative report, no later than March 1 in the calendar year following the calendar year covered by the report, to the Attorney General. Each report received by the Attorney General is a public record open for inspection under Ohio R.C. 149.43.
(b) The Police Department, having property in its possession that is required to be disposed of pursuant to this section, shall make a reasonable effort to locate the persons entitled to possession of the property in its custody, to notify them of when and where it may be claimed and to return the property to them at the earliest possible time. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the county, briefly describing the nature of the property in custody and inviting persons to view and establish their right to it.
(c) A person loses any right he or she may have to the possession, or the possession and ownership, of property if any of the following applies:
(1) The property was the subject of, or was used in a conspiracy or attempt to commit, or in the commission of, an offense other than a traffic offense, and the person is a conspirator, accomplice or offender with respect to the offense.
(2) A court determines that the property should be forfeited because, in light of the nature of the property or the circumstances of the person, it is unlawful for him or her to acquire or possess the property.
(d) Unclaimed or forfeited property in the custody of the Police Department, other than contraband that is subject to the provisions of Ohio R.C. 2913.34 or Ohio R.C. 2933.43, other than property forfeited under Ohio R.C. 2923.44 to 2923.47 or Ohio R.C. 2925.41 to 2925.45, and other than property that has been lawfully seized in relation to a violation of Ohio R.C. 2923.32, shall be disposed of on application to and order of any court of record that has territorial jurisdiction over the Municipality, as follows:
(1) Drugs shall be disposed of pursuant to Ohio R.C. 3719.11 or be placed in the custody of the Secretary of the Treasury of the United States for disposal or use for medical or scientific purposes under applicable Federal law.
(2) Firearms and dangerous ordnance suitable for police work may be given to a law enforcement agency for that purpose. Firearms suitable for sporting use, or as museum pieces or collectors' items, may be sold at public auction pursuant to division (d)(8) of this section. Other firearms and dangerous ordnance shall be destroyed by the Police Department or shall be sent to the Ohio Bureau of Criminal Identification and Investigation for destruction by the Bureau.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor or alcohol seized from a person who is not the holder of a permit issued under Ohio R.C. Chapters 4301 and 4303 or is an offender, and forfeited to the State under Ohio R.C. 4301.45 or Ohio R.C. 4301.53, either shall be sold by the Ohio Division of Liquor Control, if the Division determines that the beer, intoxicating liquor or alcohol is fit for sale, or shall be placed in the custody of the investigations unit in the Ohio Department of Public Safety and be used for training relating to law enforcement activities. The Ohio Department of Public Safety, with the assistance of the Ohio Division of Liquor Control, shall adopt rules in accordance with Ohio R.C. Chapter 119 to provide for the distribution of such beer, intoxicating liquor, or alcohol to state or local law enforcement agencies upon their request. If any tax imposed under R.C. Title 43 has not been paid in relation to the beer, intoxicating liquor or alcohol, the proceeds of the sale shall first be used to pay the tax. All other money collected under this division shall be paid into the State Treasury. Any such beer, intoxicating liquor or alcohol that the Division determines to be unfit for sale shall be destroyed.
(5) Money received by an inmate of a correctional institution from an unauthorized source or in an unauthorized manner shall be returned to the sender, if known, or deposited in the inmates' industrial and entertainment fund if the sender is not known.
(6) Vehicles and vehicle parts forfeited under Ohio R.C. 4549.61 to 4549.63 may be given to a law enforcement agency for use in the performance of its duties. Those parts may be incorporated into any other official vehicle. Parts that do not bear vehicle identification numbers or derivatives thereof may be sold or disposed of as provided by rules of the Ohio Director of Public Safety. Parts from which a vehicle identification number or derivative thereof has been removed, defaced, covered, altered or destroyed and that are not suitable for police work or incorporation into an official vehicle shall be destroyed and sold as junk or scrap.
(7) A. Computers, computer networks, computer systems and computer software suitable for police work may be given to a law enforcement agency for that purpose. Other computers, computer networks, computer systems and computer software shall be disposed of pursuant to division (d)(8) of this section.
B. As used in this section, the terms "computers," "computer networks," "computer systems" and "computer software" have the same meanings as in Ohio R.C. 2913.01.
(8) Other unclaimed or forfeited property, with the approval of the court, may be used by the Police Department. If the other unclaimed or forfeited property is not used by the Police Department, it may be sold, without appraisal, at a public auction to the highest bidder for cash or, in the case of other unclaimed or forfeited moneys, disposed of in another manner that the court considers proper in the circumstances.
(e) (1) If the property was in the possession of the law enforcement agency in relation to a delinquent child proceeding in a juvenile court, 10% of the proceeds from the property disposed of pursuant to this section shall be applied to one or more alcohol and drug addiction treatment programs that are certified by the Department of Alcohol and Drug Addiction Services under Ohio R.C. 3793.06 and that are specified by the court in its order issued under division (d) of this section. A juvenile court shall not specify an alcohol or drug addiction treatment program in the order unless the program is a certified alcohol or drug addiction treatment program and, except as provided in division (e)(1) of this section, unless the program is located in the county in which the court that issues the orders is located or in a contiguous county. If no certified alcohol or drug treatment program is located in any of those counties, the juvenile court may specify in the order a certified alcohol and drug treatment program located anywhere within this State. The remaining 90% of the proceed shall be applied as provided in division (e)(2) of this section. If the property was in the possession of the law enforcement agency other than in relation to a delinquent child proceeding in a juvenile court, all of the proceeds from the property disposed of pursuant to this section shall be applied as provided in division (e)(2) of this section.
(2) Except as provided in divisions (d)(4) and (d)(5) of this section and Ohio R.C. 2933.41(E)(2), and after compliance with division (e)(1) of this section when that division is applicable, the proceeds from property disposed of pursuant to this section shall be placed in the general fund.
(f) This section does not apply to the collection, storage or disposal of abandoned junk motor vehicles. This section shall not be construed to rescind or restrict the authority of the Police Department to keep and dispose of lost, abandoned, stolen, seized or forfeited property under any other applicable ordinance of the Municipality or under Ohio R.C. 737.29 to 737.33, provided that when the Municipality, after having received notice as provided in Ohio R.C. 2933.41(E)(2), disposes of property under an ordinance, it shall pay 25% of the proceeds from any sale or auction to the Citizens' Reward Program as provided in Ohio R.C. 2933.41(E)(2).
(g) For purposes of this section, "law enforcement agency" includes correctional institutions, and "citizens' reward program" has the same meaning as in Ohio R.C. 9.92.
(ORC 2933.41)
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