Part of the privilege of holding a public office or being appointed as a government policymaker is having the ability to access important resources and information. Of course as with any privilege, a great sense of responsibility should be attached. Accordingly, we as lawmakers are charged with using the information and resources at our fingertips solely for the purpose of creating efficient and effective government processes and improving our constituents’ quality of life.
Unfortunately, Ohioans have heard all too often about public office holders, across the state and the nation, who have used their privilege for personal gain or for criminal purposes. And, in response to this trend, I sponsored Senate Bill 3, which Governor Strickland recently signed into law. Because it contained an emergency clause, this legislation went into effect immediately upon the Governor’s signature. Its provisions will send a strong message to policymakers to fulfill their responsibilities and will provide safeguards to the public.
First of all, Senate Bill 3 clarifies the penalties public officials will face if they are convicted of certain felonies while in office. More importantly, it extends the penalties beyond the realm of elected officials to include executive appointments to state boards, senior policy-making employees, law enforcement officers and prosecutors.
Under current law, public officials who have committed felonies are forbidden from holding office only until they have been released from prison or probation. In contrast, SB 3 maintains that if these people violate the public’s trust by committing theft in office, bribery, obstruction of justice, perjury, intimidation or tampering with records and evidence, among other felonies, they will be prohibited from ever running for or holding any public office in the future. In addition, the bill prevents convicted felons from ever registering as a lobbyist.
Meanwhile, SB 3 helps ensure that Ohioans will not have to pay for mistakes made in office and their consequences. It provides that if public officials commit a felony while in office, they must forfeit their rights to public retirement benefits based on employer contributions. In general, this legislation is explicit that disregarding one’s duties in public office will not be tolerated.
Before the General Assembly voted on SB 3, an important and timely amendment was added in the effort to make sure that recent violations of public responsibility on the part of the state’s former Attorney General will be thoroughly examined. The current law only grants the Ohio Inspector General the ability to investigate the Governor and state agencies. However, under SB 3’s amendment, Inspector General Tom Charles will be given the purview to conduct an investigation into all allegations surrounding former Attorney General Marc Dann and the office of the Ohio Attorney General.
At the core of SB 3 is a strong desire to give the people of Ohio what they deserve – trustworthy and diligent public officials who are working for the public cause. Moreover, this legislation responds to Ohioans’ demand to have transparency in all levels of government. For this reason, it provides a fair, disinterested and independent state investigation into cases of wrongdoing concerning the office of the Attorney General and will work to prevent future occurrences by strengthening state laws when it comes to the public’s trust.
