(a) If an employee in the classified or unclassified civil service becomes aware in the course of employment of a violation of state or federal statutes, rules, or regulations or the misuse of public resources, and the employee's supervisor or appointing authority has authority to correct the violation or misuse, the employee may file a written report identifying the violation or misuse with the supervisor or appointing authority. In addition to or instead of filing a written report with the supervisor or appointing authority, the employee may file a written report with the State of Ohio's office of internal audit created under Section 126.45 of the Ohio Revised Code or file a complaint with the State Auditor's fraud-reporting system under Section 117.103 of the Ohio Revised Code.
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 State of Ohio office of internal audit, or the State Auditor's fraud-reporting system, may report it to the County Prosecutor, the Director of the Department of Law and Risk Management or to a peace officer, as defined in Section 2935.01 of the Ohio Revised Code. In addition to that report, if the employee reasonably believes the violation or misuse is also a violation of Chapter 102 of the Ohio Revised Code or Section 2921.42 or Section 2921.43 of the Ohio Revised Code, the employee may report it to the Ohio Ethics Commission.
(b) Except as otherwise provided in division (c) of this Section, no County officer or County employee in the classified or unclassified civil service shall take any disciplinary action against a County employee in the classified or unclassified civil service for making any report or filing a complaint as authorized by subsection (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) Denying the employee promotion that otherwise would have been received;
(5) Reducing the employee in pay or position.
(c) A County employee in the classified or unclassified civil service shall make a reasonable effort to determine the accuracy of any information reported under subsections (a) or (b) 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 subsection (a) of this Section.
(d) If a County appointing authority takes any disciplinary or retaliatory action against a classified or unclassified County employee as a result of the employee's having filed a report or complaint under subsection (a) of this Section, the employee's sole and exclusive remedy, notwithstanding any other provision of law, is to file an appeal with the County of Summit Human Resource Commission within thirty days after receiving actual notice of the appointing authority's action. If the employee files such an appeal, the Commission shall immediately notify the employee's appointing authority and shall hear the appeal. The Commission may affirm or disaffirm the action of the appointing authority or may issue any other order as is appropriate. The order of the Commission is appealable in accordance with the Human Resource Commission's Rules.
(e) As used in this section:
(1) "Purposely," "knowingly," and "recklessly" have the same meanings as in Section 2901.22 of the Ohio Revised Code.
(2) "Ohio Ethics Commission" has the same meaning as in Chapter 102 of the Ohio Revised Code.
(Ord. 2015-269. Adopted 8-31-15; Ord. 2018-236. Adopted 6-18-18.)