Ethics, Conflicts of Interest, and Incompatible Offices

Conflicts of Interest #

A public official cannot authorize, vote for, or use their position to influence any public contract in which they, a family member, or a business associate has an interest. A violation of subsections (A)(1) or (A)(2) is a fourth-degree felony ORC 2921.42.

Safe Harbor

A contract is not unlawful if ALL of the following conditions are met ORC 2921.42(C):

• The goods or services are available from the official's business on the same terms offered to the general public.
• The contract was competitively bid, or the terms represent the lowest and best price.
• The transaction is conducted at arm's length with full knowledge of the official's interest.
• The official takes no part in deliberations or decisions regarding the contract.

Practical Example

A council member owns the only snow plow service in the area. The village can hire them if all safe harbor conditions are met. The member must recuse from all discussion and votes on the contract. When in doubt, contact the Ohio Ethics Commission at (614) 466-7090 for an advisory opinion before the vote takes place.

Improper Compensation

No public official or employee may solicit or accept anything of value in exchange for performing or failing to perform their official duties ORC 2921.43.

Incompatible Offices #

Ohio law prohibits holding two public offices where the duties of one conflict with the duties of the other. A council member cannot simultaneously serve as village clerk. A mayor cannot simultaneously be a village employee.

Can a council member serve on the Board of Education? Generally yes, unless a specific conflict exists between the two positions.

An elected village official may also serve as a notary public or a member of the National Guard ORC 731.12.

For specific questions about whether two positions are compatible, consult the Ohio Ethics Commission's published advisory opinions.

Nepotism #

A public official cannot use their authority to secure employment for a family member within their own office or agency ORC 2921.421. However, the restriction applies to the official's own authority. A mayor can hire a council member's family member, provided no other conflicts arise.

Small villages face limited candidate pools. A village of 200 people may have very few qualified applicants for any given position. This does not create an automatic exception to the law.

When in doubt, contact the Ohio Ethics Commission before acting.