(A) Each council member will file with
the executive director and chair of the council at such date as determined by
the council (and in the case of new members of the council within sixty days
following their appointment by the governor), a statement listing his or her
employment by or interest in (financial or otherwise) organizations eligible
for council support. Such statement shall be kept current to reflect any
substantial changes.
(B) A council member shall not submit an
application for council funds, or any report required by the council on behalf
of an organization which employs him or her or in which he or she has an
interest.
(C) Council officials and employees must,
at all times, comply with the ethics law (Chapter 102. and sections 2921.42 and
2921.43 of the Revised Code) as interpreted by the courts and Ohio ethics
commission, and fully described in commission advisory opinions to the
council.
(D) If an officer, board member or
employee of an organization serves on council, the council member is prohibited
from having an interest in the organization's receipt of financial support
from the council unless the council member shows that he or she meets a
four-part exception to the public contract restrictions in the ethics law, set
forth in division (C) of section 2921.42 of the Revised Code.
(E) In order to meet one of the
requirements (division (C)(2) of section 2921.42 of the Revised Code), the
council member would have to show that:
(1) The advisory panel
conducts an independent review of all applications using the same level of
scrutiny;
(2) The organization
meets the eligibility requirements to receive a grant;
(3) The
organization's score is above the cutoff point for funding if one has been
established by the council;
(4) The organization
receives a funding amount based on an objective formula; and
(5) All other applicants
whose scores are above the cutoff point also receive funding based on the same
formula.
(F) Council members who are employees of
organizations, colleges, or universities that receive financial support from
the council shall not receive any definite and direct profit, such as a fee,
commission, or compensation, from the proceeds of any council grants awarded to
the organizations or institutions by which they are employed.
(G) A council member is prohibited from
participating in an activity financially supported by the council, regardless
of whether the council member receives a definite and direct benefit from the
council funds for his or her participation, unless the council member meets the
four-part exception set forth in division (C) of section 2921.42 of the Revised
Code and fully explained in the commission's advisory
opinions.
(H) When the application of a particular grantee organization, by
which a council member is employed or in which he or she has an interest, is
discussed by the council, such council member shall refrain from participating
in such discussions and shall also refrain from voting on the funding of such
applications.
(I) Council members shall make every reasonable effort to act
without self-interest on all applications submitted to the council, recognizing
that loyalties to a particular geographic area, arts discipline, institution,
or specific interest group, must be subjugated to the broader purpose of acting
in the best interests of state-wide arts promotion and
development.