Sunday, October 6, 2013

4123-15-03 Standards of conduct.

(A) Purpose.

It is the policy of the industrial commission and the bureau of workers' compensation to

carry out its mission in accordance with the strictest ethical guidelines and to ensure that

commission and bureau employees conduct themselves in a manner that fosters public

confidence in the integrity of the commission and the bureau, its processes, and its

accomplishments.

The commission and the bureau hereby adopt the provisions of the Ohio ethics law,

including but not limited to the provisions of Chapters 102. and 2921. of the Ohio

Revised Code, and as interpreted by the Ohio ethics commission and Ohio courts.

(B) Prohibited Conduct.

(1) No industrial commission member, the administrator of workers'

compensation, bureau of workers' compensation board of directors member,

commission employee, bureau employee, ombudsperson, or employee of the

office of ombudsperson shall do any of the following acts:

(a) Solicit or accept anything of value from anyone doing business with

the commission or the bureau;

(b) Solicit or accept employment from anyone doing business with the

commission or the bureau, unless the member or employee completely

withdraws from any commission or bureau discretionary or decisionmaking

activity regarding the party offering employment, and the

commission or the bureau approves the withdrawal;

(c) Use his or her public position to obtain benefits for the member or

employee, a family member, or anyone with whom the member or

employee has a business or employment relationship;

(d) Be paid or accept any form of compensation for personal services

rendered on a matter before, or sell goods or services to the commission or

the bureau;

(e) Be paid or accept any form of compensation for personal services

rendered on a matter before, or sell (except by competitive bid) goods or

services to, any state agency other than the commission or the bureau, as

applicable, unless the member or employee first discloses the services or

sales and withdraws from matters before the commission or the bureau

that directly affect officials and employees of the other state agency, as

directed in section 102.04 of the Revised Code;

(f) Hold or benefit from a contract with, authorized by, or approved by the

commission or the bureau, (the ethics law does accept some limited

stockholdings, and some contracts objectively shown as the lowest cost

services, where all criteria under section 2921.42 of the Revised Code are

met);

(g) Vote, authorize, recommend, or in any other way use his or her

position to secure approval of a commission or bureau contract (including

employment or personal services) in which the member or employee, a

family member, or anyone with whom the member or employee has a

business or employment relationship, has an interest;

(h) Solicit or accept honoraria (see division (H) of section 102.01 and

division (H) of section 202.03 of the Revised Code) except that employees

who are not financial disclosure filers may receive an honorarium only if

the honorarium is paid in recognition of a demonstrable business,

profession, or esthetic interest of the employee that exists apart from

public office or employment, and is not paid by any person or other entity,

or by a representative or association of those persons or entities, doing

business with the commission or the bureau, as applicable;

(i) During public service, and for one year after leaving public service,

represent any person, in any fashion, before any public agency, with

respect to a matter in which the member or employee personally

participated while serving with the commission or the bureau, as

applicable;

(j) Use or disclose confidential information protected by law, unless

appropriately authorized;

(k) Use, or authorize the use of, his or her title, the name of the

commission or the bureau, or the agencies logos in a manner that suggests

impropriety, favoritism, or bias by the commission or the bureau, or by a

member or employee;

(l) Solicit or accept any compensation, except as allowed by law, to

perform his or her official duties or any act or service in his or her official

capacity; and

(m) Sponsor parties or other entertainment for the personnel of their

agencies, the costs of which are covered in whole or in part by donations

or receipts from the sale of tickets to individuals or entities, who are doing

or seeking to do business with the commission or bureau.

(2) For purposes of this rule, these phrases have the following meanings:

(a) "Anything of value" includes anything of monetary value, including,

but not limited to, money, loans, gifts, food or beverages, social event

tickets and expenses, travel expenses, golf outings, consulting fees,

compensation, or employment. "Value" means worth greater than de

minimis or nominal.

(b) "Anyone doing business with the commission or the bureau" includes,

but is not limited to, any person, corporation, or other party that is doing

or seeking to do business with, regulated by, or has interests before the

commission or the bureau, including anyone who is known or should be

known to be an agent or acting on behalf of such party, including any

person or entity marketing or otherwise attempting to secure business with

the commission or the bureau.

(C) Conflict of interest.

No employee of these agencies shall engage in outside employment that results in a

conflict or apparent conflict with the employee's official duties and responsibilities.

(1) Outside employment or activity in which an employee with or without pay

represents a claimant or employer in any matter before the industrial commission,

or the bureau of workers' compensation is prohibited.

(2) Outside employment with an attorney, representative or entity that involves

work concerning industrial claims, whether filed or to be filed, or which is in any

way related to workers' compensation matters is prohibited.

(D) Professional code of ethics.

In the event there is any conflict between a professional code of ethics governing any

employee of these agencies and this code of ethics for employees, the professional code

of ethics shall take precedence over the code of ethics for employees but the conflict shall

be promptly reported to the employing agency. In such case the agency shall promptly

determine the degree of conflict and take such further action as may be indicated.

(E) An employee shall not use state property of any kind for other than approved

activities. The employee shall not misuse or deface state property. The taking or use of

state property for the private purposes of an employee is prohibited. The employee shall

protect and conserve all state property, including equipment and supplies entrusted to or

issued to the employee.

(F) Diligence and impartiality in work.

Employees are encouraged to avoid absenteeism and tardiness, to not use sick leave

unless necessary and to abide by rules of the Ohio civil service. Recognizing that the

industrial commission and bureau of workers' compensation serve many people whose

interests are divergent, employees should work in a speedy and efficient manner, strive to

be courteous, fair and impartial to the people they serve, and responsive to the problems

that come before them. All segments of the public are to be treated equally, without

regard to age, race, sex, religion, country of origin, or handicap.

(G) It is understood that standards of ethical conduct may involve a myriad of situations.

The good conscience of individual employees shall remain the best guarantee of the

moral quality of their activities. The overall intent of this code of ethics is that employees

avoid any action, whether or not prohibited by the preceding provisions, which result in,

or create the appearance of:

(1) Using public office for private gain, or

(2) Giving preferential treatment to any person, entity, or group.

(H) Confidential information.

The confidentiality of all information which comes into possession of commission and

bureau employees shall be respected. In order to properly discharge this duty, all

employees must acquaint themselves with those areas of information that are designated

as confidential by statutes, by the courts and by the attorney general. Furthermore, they

must become familiar with the circumstances under which and the persons to whom such

information can be released.

(I) Every member or employee required to file a financial disclosure statement must file a

complete and accurate statement with the Ohio Ethics Commission by April fifteen of

each year. Any member or employee appointed, or employed in a filing position after

February fifteen of each year, and required to file a financial disclosure statement must

file a statement within ninety days of appointment or employment.

Effective: 2/15/08

Prior Effective Dates: 1/1/78, 8/15/07

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