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Lawmakers press Ohio Ethics Commission on transparency after filer‑listing drew criticism
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Summary
Members of JCAR questioned the Ohio Ethics Commission about a December decision to add certain governing authorities as financial filers, the Commission’s use of an incorporation‑by‑reference list instead of enumerated rule text, and the Commission’s subsequent pause and rescission of that requirement.
Lawmakers pressed the Ohio Ethics Commission for greater transparency after the commission voted in December to require some governing authorities — including community school governing boards — to file financial disclosure statements, then paused and ultimately rescinded that requirement following public and legislative concern.
Paul Nick, executive director of the Ohio Ethics Commission, told the committee the commission has long relied on an administrative code process that incorporates a list of filers by reference rather than enumerating every filer in the rule text. He said the commission convened public meetings over several months, briefly adopted the requirement and paused it for 45 days after receiving feedback. "We paused the requirement and subsequently ... decided to put that on hold and then rescind it," Nick said, and he offered the commission’s willingness to work with the General Assembly to develop clearer statutory guidance.
Members pressed for details about notice, the number of entities affected (the commission cited roughly 150 entities historically required to file), the statutory basis for the commission’s action and whether incorporating the filer list by reference reduced public transparency. Several lawmakers urged the commission to use the 2019 policy‑to‑rule changes as a reason to bring substantive listings or changes through the full JCAR review and, where possible, the rulemaking process rather than by administrative reference.
Catherine Tercer of Common Cause Ohio testified she supports disclosure and the commission’s independence but urged more public engagement and transparency when filers are added by administrative action.
Next steps: The Ethics Commission said it will not proceed with the filing requirement at this time and is open to legislative collaboration; JCAR members suggested using rulemaking or earlier notification in future cases to avoid abrupt changes for volunteers and other potential filers.
