Granville Community Calendar

Council Minutes July 19, 1989

1
REGULARLY SCHEDULED COUNCIL MEETING
VILLAGE OF GRANVILLE
JULY 19, 1989
CALL TO ORDER
Mayor Eisenberg called the meeting to order at 7: 30 p.m..
ROLL CALL
Responding to roll call were:
Councilmember Rader
Councilmember Hughes
Councilmember Schnaidt
Mayor
Law Director
Manager
Eisenberg
Munro
Plunkett
Councilmember Rader moved to excuse absentee members Malcuit,
Avery, and Morrow. Motion seconded by Councilmember Hughes.
Motion carried.
MINUTES
July 5, 1989 -Regular Council Meetin -Councilmember Rader
moved to approve the minutes as distributed. Motion seconded by
Councilmember Schnaidt.
CITIZENS' COMMENTS
Those who sign the register were:
B. E. Mason
A. MacPhail
JoAnn Morey
Brenda Mix
Roger CareL
Mark Zarbaugh
No comments, questions, or concerns were voiced at this time.
MAYOR' S REPORT
The Mayor' s Report for the month of June was presented and
reviewed. Mayor Eisenberg stated that it may be hold necessary to Court weekly instead of every other week due an increase in
Court cases. He felt that the increase in court cases was due to the additional manpower in the Police Department allowing for
more patrol hours. Discussion then centered on the fact that the Granville Police Department were patrolling the stretch of State Route 16 now in the Village. Councilmember Hughes was concerned that the Granville Police would get a reputation of hiding in places trying to trap people. Councilmember Rader was very concerned about the Granville Police patrolling the expressway, and felt that this area should be left to the Highway Patrol, and the Granville Police to patrolling more Village streets. Vice Mayor Schnaidt said most of the citations issued in this area were at the intersection of Cherry Valley Road and State Route
1 Council Meeting Minutes
Village of Granville
July 19, 1989
Page 2
16, known to be one of the most dangerous intersections in the
county. Mayor Eisenberg was concerned with keeping that intersection
safe. Following review of the Mayor' s Report, the Clerk
was handed the report for filing.
MANAGER' S REPORT
The Manager' s Report for the month of June was presented.
Manager Plunkett reviewed the report with members of Council.
During review, Councilmember Schnaidt stated that it was brought
to his attention that some trimming work was needed at the corner
of Spellman &Pearl Streets. Councilmember Rader asked how the
search for water leaks was coming along. Manger Plunkett responded
and said some leaks have been located, but not enough. Other
items mentioned was off-premise yard sale and realtor signs. It
was suggested to Mr. Plunkett that he might mention in his weekly
column that off-premise signs are illegal in the Village.
Councilmember Hughes felt it was time Granville thought
about an ordinance to fine people who do not curb their dogs.
He stated that he has had complaints about this issue. Mayor
Eisenberg suggested that this item be turned over to the Street &
Sidewalk Committee for further study.
Following review of the Manager' s Report, Councilmember
Rader moved that the report be approved. Motion seconded by
Councilmember Hughes. Motion carried.
COMMITTEE REPORTS
Development Commission -None.
Vice Mayor Schnaidt asked was happening in regards to the
six people being seen going into Orville Orr' s place on S. Pearl
Street. Manager Plunkett responded and said a citation for this
violation was being prepared.
Improvement Board -Manager Plunkett mentioned Jim Siegel' s
letter requesting that the Village install a sprinkler system in
the medium areas.
Mayor Eisenberg asked if this would be at Village expense.
Manager Plunkett responded yes. Mayor Eisenberg then asked
members if they had any thoughts on this request. Vice Mayor
Schnaidt suggested that they try the Robinson Foundation and a
few others for contributions, and the Village would match funds they get any from these groups.
Mayor Eisenberg commented that the flower beds are an asset
to the Village. He recommended that letters of appreciation be sent to the Improvement Board and Gran Flora. He complemented
the groups on how beautiful the Village has looked this spring and summer.
1
Council Meeting Minutes
Village of Granville
July 19, 1989
Page 3
Manager Plunkett noted at this time that Alice Vockel and '
Randy will be leaving and moving to North Carolina soon.
OLD BUSINESS -None
NEW BUSINESS
Resolution No. 89-31, "To Reject The Bid Received For The
Construction Of A Salt Storage Facility And To Authorize The
Village Manager To Re-Advertise For Bids For The Construction Of
Such A Facility With Modified Specifications" was introduced,
read in its entirety and moved for passage by Councilmember
Rader. Discussion: A lengthy question and answer session in '
regards to the modified salt storage facility specifications was
conducted among members of Council and Manager Plunkett. When
asked if he had seen the modified specifications, Manager ,
Plunkett responded and said yes, but had not reviewed them in
detail, just the overall size and base. The new specifications
have just the bare essentials, and the facility was reduced to
one bay. Members considered approving the resolution subject to
final approval of the specifications prior to advertising, when
Manager Plunkett offered to call Mark Zarbaugh and ask him to
come in to review the specifications with Council. Council
agreed, and Mr. Zarbaugh did join the meeting. Following review
of the specifications, Motion to pass Resolution No. 89-31 was
seconded by Vice Mayor Schnaidt. Motion carried. Resolution No.
89-31 duly passed.
MEETING ANNOUNCEMENTS -None
ADJOURNMENT
Councilmember Rader moved for adjournment, motion seconded by
Councilmember Hughes. Motion carried.
Meeting adjourned at 8: 21 p.m..
Attest:
OVITqk,)o,61/kjAA)
Clerk ofC-"ouncil
C ayor
1
VILLAGE OF GRANVILLE
Mayor's Court Monthly Report
June '89
ElijT" il--
May '89
HUNT"
June '. 88
110/ 1'1'ifi.
rog ° 1.
NCIAL STATEMENT
ance of Bond Money from Last Month:
Total Money Collected for this Month:
Total Paid to State (RRF&GRF):
Balance of Botid Money Remaltilng·'1.11 Account:
GENERATED CASES BY THE GRANVILLE .FOLICE DEPARTMENT
CASES PROCESSED IN MAYOR' S COURT :r
j:ASES TRANSFERRED FROM MAYOR'S COURT
to Licking Coutity Municipal Court:
Io Juvenile Court:
IRAFFIC .CITATIONS PROCESSED:
Excessive Speed:
Assured Clear Distance:
Ulsregarding Red
Ulsregarding Stop Sign:
Ulsregarding All Other Traffic Control Devices:
ohiblted Right Turn on Red Slittial:
VI (Alcohol/Drugs):
en Container/Liquor Consumption:
Opn Willful/Watiton Disregard for Safety:
Upn without Reasonable Control:
1, 196. 00 1, 296. 00 2. 064.. 00
5, 511. 00 7, 453:67 3, 298. 00
1, 118. 00 986. 00 514. 00
total Paid in Refunds/Overpayments: 468. 00 1, 196. 00 980. 00
Total Fald to General Fund: 4, 140. 00 5, 371: 67 2, 682. 00
1, 196. 00 1, 196. 00 1, 421..00
Traffic Citationsi 133 48 47
Farking Tickets: 1.9 1 18 29
Criminal Complaints: 7 4
Traffic Gltations: 122 44 37
Parking Tickets: 18 17 21
minal Complaints: 6 7 3
es Dismissed: 3 1 7
Guilty Waivers (payments out of court): 62
Cases Appearlig lit Court: 14
21
18
20
14 -
6 3 1
1
70 3n 26
2
3
3 2
1
1 1
8 2' 1
2 1 1
rnge 2.
lune- L._an_ May '89
MON 111
Ill.ng _ 181
MON 111
MON ll
TRAKFICCITATIONS-PROCESSED c(on' t)
eing a Police Officer:
eating Tires/feeling/Cracking Exhaust:
mittingb/ r: Ridingla/|nging Outside Vehicle:
U-Turn (Opposite Direction/Enter Parking Place):
Failure to Ytald:
MINAL COMPLAINTS PROCESSED
1
9:
1
6
1 7
Equipment Violation: 2
Pedestrian Violation:
No Operators/Chauffers License: 2
opit Under Suspension/Revocation: 1
No Motorcycle Endorsement:
Restriction Violation:
Registration/Title Violation: 1
Leaving the Scene of an Accident: 1
Failure to Stop for School Bus Unloading/Loading:
Improper Passing: 2
1
All Others: Following too Closely
imal Offenses:
1
Disorderly Cotiduct/Public Intoxication:
Ulaturbltig tile Pedce:
1
Drug Abuse/rossession:
Gambling Offenses:
Lltterlng:
Falslfication:
Failure to Report a Crime:
Obstructing Official Busliess:
Failure to Aid a Police Officer:
Obstructing Justice:
Resisting Arrest:
Sate of Alcohol to a Minor: 2
Mistepreseutationt 1
pen Contaitter in a Public Place: 7
exual Imposition:
ublic Indecency:
Voyeurlsm:.
Importuning:
Assault:
REviSED l'ARKING 11(kEI (5/11/8/)
Ju_ne '89
HONTII
VIO #5-Parked li a No Parkitig Zone: 4
VIO #6-Parked Too Far from Curb (Ift or more):
VIO #77Parked in Same Spot in Excess of 72 Hours: 1
V10 #8-Overtime Parkill.a: 2
110 #9-Parked Facing in Wrong Direction: ' 3
VIO #10-Parked Outside of Marlifd Parking Space: _
b-i-ii-DoIulabildefai-crake-edd-_:ne w0/ Properragef/lacard: - #13-Parked Upon a BrldKe or Overpass:
viD #14-Parked in Roadway CreatingaTraffic Hazard: i
VIO #15-Parked within 10 ft of a Fire Hydratit: ,
Summons issued for Failure to Pay:
Mav '89
MoN 111
June '88
PRIMINAL COMPLAINTS PROCESSED ( con'4)
Aggravated Menacing/ Menacing:
dangering Children:
ephone Harrassmebt:
estic Violence:
Arson:
Criminal Damaging:
Criminal Mischief:
Criminal Trespass:
Petty Theft:
Unauthorized use of Property/Vehicle:
Passing Bad Checks:
Receiving Stolen Property:
Carrying a Concealed Weapon:
Improperly Handling Firearm in Motor Vehicle:
Discharging Weapons:
Fireworks Violations:
VIO # 1-Parking ott Sidewalk or Curb Lawn: 3
VIO #2-Blocking Public or Private. Driveway: 2
Vlo #3-Parkdd within 20 ft of an intersection: 3 2
VIO #4-Parked on a Crosswalk:
4 7
3
10
4 7
2
1 I
1
1
3
lizziE
4*,t·- ,
1
All Others:
Failed to Appear
7
1
WATER DEPARTMENT
Total Produced (MC)
Daily Average (MGD)
New Meter Install.
Cust. Svce. Requests
Meters Repaired
Meters Replaced
Final Readings
WASTEWATER TREATMENT
Total Treated (MG)
Daily Average (MGD)
Sludge Removed (DT)
June 1989
21. 112
704
13. 654
455
May 1989
20.894
674
19. 921
643
4. 9
junp 19RA
26.323
877
0
25
0
5
5. 234
174
7. 7
ITEMS OF SPECIAL INTEREST
Fixed small service line leak on East Elm Street.
Conducted overnight water shut-off program -no significant results -however,
five small leaks were located and are now being scheduled for repairs.
Note:
MG)
MGD) -
Million Gallons
Million Gallons Per Day
Dry Tons
MANAGER' S REPORT
8 2
37 16
1 2
10 33
38 46 47
2. 9
MANAGERS REPORT:
PAGE 3 SERVICE DEPARTMENT
June 1989 May 1989 June 1988
AmnunLManhnurn AmnunLManhnun A. Qunt- Manhaund
28
56
32
41
11
New Signs 11
Signs Replaced
Street Maintenance
Hot Mix -Tons) 7
Streets Swept
Hours)
Inlets Cleaned
TOPS) 90
Inlets cleaned
Inside) 15
Storm lines cleaned
Jet Truck)
Inlets Repaired,
adjusted, or rebuilt. ***
Grass Mowed
acres) All
Brush pick up
and Chipped (Loads) 13. 5
Leaf Pickup
Loads)
Snow Removal
Salt Water
gallons)
Trash Pickup
Shop and Offices
cleaned
Backhoe Worked
Days) 31. 5
Berm Work (Tons-
Gravel) 30
Street, Curb, and
Guardrail Painting
Other Projects
See Attachment) 26 792
Call Out 1 3
ZQMINQ
Building Permits
Remodeling Permits
Sidewalk Permits
Demolition Permits
Sign Permits
262
123
SPECIAL INTEREST ITEMS Vehicle Maintenance
Community Service -
Welfare Workers-
37
252
6
52
12
150
30
20
2
1
All
6
15
176 Hrs.
0-Hrs.
87 Hrs.
8
120
2
54
64
45
8
44
183._
80
697. 5
10
3
1
11
10
24
65
35
8
4
2
4
7 5 8
1 1 4
n 0 0
n 0 0
n 1 1
1
OTHER PROJECTS JUNE 1989
1) Cleaned brush behind Schaffer' s,.started
placing rip rap
2) Seeded and strawed Misc. storm water jobs (23 tons)_
3) Picked flowers and mulch for Imp. Board
4) Scraped &painted sign post &painted curbs
5) Made and painted barricades, also painted cones
6) Hauled gravel and limestone
7) Staked Misc. Trees
8) Repaired Pearl street walking bridge
9) Repaired S. Main Street storm sewer By the Mill
10) Repaired sidewalk at Thresher and Broadway
11) Loaded bad crack filling material to be returned
12) Installed three street sign post
13) Crossed trained employee on street sweeper
58 Hrs.
56 Hrs.
6 Hrs.
40 Hrs.
46 Hrs.
16 Hrs.
12 Hrs.
38 Hrs.
162 Hrs.
12 Hrs.
4 Hrs.
6 Hrs.
24 Hrs.
14) Cleaned &waxed trucks &cruisers &painted truck bed 62 Hrs.
15) Trimmed low branches over sidewalks &signs
16) Built ladder rack for #43
17) Die tested W. Broadway storm sewer
18) Worked on traffic light at College &Granger
19) Distributed &picked up barricades and signs
20) Assisted Imp. Board in planting flowers
21) Trimmed behind curbs that need painted
22) Installed limestone sand on Jones Rd. (tar bleeding)
23) Removed decayed tree at 117 E. College
24) Changed red signal at College and Granger
40 Hrs.
9 Hrs.
9 Hrs.
4 Hrs.
22 Hrs.
8 Hrs.
72 Hrs.
10 Hrs.
44 Hrs.
2 Hrs.
Page 2
25) Temporally repaired Manhole at Spellman and Pearl 6 Hrs.
26) Set out signs and barricades for the 4th of July 24 Hrs.
Total Hrs 792 Hrs.
June 1989
PATROL ACTIVITIES
Miles Driven:
Parking Tickets:
Citations:
Traffic Stops:
Radar:
Traffic Details:
Motorist Assists:
Impounded Vehicles:
Vehicle Checks:
Record Checks:
Person Checks:
Foot Patrols:
Other Dept. Assists:
Fire Dept. Assists:
House Checks:
Escorts:
Patrol Time:
TOTAL PATROL:
OMPLAINT ACTIVITIES
Non- Injury Accidents:
Injury Accidents:
Complaints Invstgtd:
Offenses Invstgtd:
Followu-p Invstgtns:
Misdemeanor Arrests:
Misdemeanor Charges:
Felony Arrests:
Felony Charges:
TOTAL COMPLAINT:
ADMIN. ACTIVITIES
Meals:
Breaks:
Equipment Maint.:
Refuels:
Special Details:
Admin. Details:
Mail:
Hand Delivered Mail:
Summons/ Papers:
Briefings:
TOTAL ADMIN:
GRANVILLE POLICE DEPARTMENT
Monthly Report***
June 1989 May 1989 June 1988
Quantity Time Quantity Time Quantity Time
4896
19
133
40
129
23
65
3
422
132
35
122
26
19
399
7
6470
8
1
215
29
112
8
19
0
3
395
79
16
56
51
59
120
8
50
7
159
605
75
17.92
4.33
18
4.95
3.75
1
3.68
97
80
33.95
6.22
4.17
16.10
90
322.32
439.77
4.07
0
53.90
23.82
78.47
5.23
2.25
67
0
168.40
43.15
4.52
12.52
4.42
24.20
113.13
38
4.37
1. 02
40.37
248.07
4117
18
48
18
36
55
37
2
280
81
44
127
21
21
329
6
6156
73
14
72
40
36
93
0
69
4
158
559
10
1
192
22
94
4
5
0
0
328
48
4.45
2.42
5.78
29.50
2.45
48
2.52
55
1.62
30.68
7.65
85
12.65
1.47
358.82
461.70
2.38
2.77
43.67
5.50
54.25
2.27
42
0
0
111.25
38.23
3.45
19.27
3.68
16.60
116.85
0
6.35
68
42.25
247.37
3841
39
43
74
54
28
45
2
297
121
35
161
19
18
1450
2
6386
4
1
137
8
52
2
4
0
1
209
56
16
47
56
35
83
18
56
14
169
550
80
7.18
6.77
12.65
4.20
1. 15
67
2.07
73
77
26.70
4.60
1.63
39.78
1.08
431.95
542.73
1.75
2.22
27.58
5.53
29.10
1.25
90
0
0
68.33
31.52
5
14.28
5.17
12.70
55
82
5.40
2.20
34.28
166.37
June 1989
FLEET USAGE
Fuel Utilized:
Total Mileage:
VEHICLE:
1987 Ford LTD
1988 Ford LTD
1989 Ford LTD
Steve Cartnal
Chief of Police
GRANVILLE POLICE DEPARTMENT
Monthly Report***
June 1989
560
5996
Odometer
70466
7920
5393
May 1989
387.10
4059
Miles
1090
809
4097
June 1988
425.40
3841
1 ': r
STATE
DEPARTMENT- --- --- ------ ----
DIVISION
CITY - GRANVILLE
I - I-- I -
ACCOUNT-----
FUND DESCRIPTION
A 1 GENERAL
A 2 MUNICIPAL BLDG. RESERVE
MONTHLY FUND REPORT
8 8 PERMISSIVE TAX
G1-D.E-BT -SERV-ICE - .
C 2 SEWER CONSTRUCTION FUND
C 3 SEWER REPLACEMENT &IMPROVEMENT
0·3-O-WDA-C- APITAL -IMPROVEMENT --
E 1 WATER
E 2 SEWER
8·-6-SEWERD-EBTS--ERVICE FUND ------ ---·
E 7 SEWER DEBT SERVICE RESERVE FUND
E91 WATER CAPITAL IMPROVEMENT
592S-EWERG- APIT- ALIM- PROVEMENT---- ---- ---
F 2 EQUIPMENT RESERVE
G 5 HILENGREEN ESCROW
H1--S-·PEHAI:r-ASSESSMENTS
BALANCE
AT BEGINNING
373. 106.56
40.000.00
10-1-9-7.58-
261. 64
10
69.204.68
231. 243.47
REPORT NO.
PAG4E-- -·-
DATE
MONTH OF
86.019. 86
58. 964. 52
39. 641. 99
e,4·.893.-50···--·
154 p,7 76
8.520.05
982:65
164.219. 80
7. 400. 15
652. 67
RECEIPTS
72. 372.23
R 13
OF'ER 0
06/30/89
JUNE
BALANCE
DISBURSED AT MONTH END
61. 180. 43
00 00
5.5979 -7--_3...1-2_4.2-- - 1. ---
390. 66 223.48
8.2543..
1. 413. 75
7. 834. 48
00
0,3
00
11. 078 93
00
2. 703.28
00 ---
26. 707.36
18.076. 48
10.702.91-
00
00
23.767. 97
19.390.80
58.937<50
0
00
00
00
389.798. 36
40.OCH0)0.
12.671_34.
AA -R,A :78
88.723. 14
61. 903. 91
38. 327. 67
16.658.91
162. 158. 24
8.520.05
6. 982.65
164. 219.80
7.400. 15
652.67
ENCUMBERED UNENCUMBERED
64. 054.95
00
23. 039-5.
00
0 25.980.00
no
2 102.907. 24
00
2487..78.0.0
15. 803.64
12.458.58
0()
1. 484. 64
561. 00
00
325.743.41
40.000.00
LG. 362- 39
428.82
25.980.00-
AA Unrf AA
129. 749. 98
88.723. 14
24aZ-Ze -0_0
46. 100.27
25.869. 09
16„ 658. 91
162. 158.24
7.035.41
6.42 t.65
164,219.80
00 7.400. 15
40 22.652' 7
2.632.88 * 154.553.45 * 177.703.32 *1. 319. 483.01 * 474.332.00 * 845. 151.01 *
8- 1-STREET
3 2 HIGHWAY
232.657. 2
00
00
GRAND TOTALS **** 1.34
Mr. Douglas E.Plunkett
Village Manager
Village of Granville
P.O. Box 514
Granville, Ohio 43023
Dear Doug:
O c Vilictyg g-15i/c't,LULLLE
118 SOUIH MAINS!11EEr
PO, BOX 514
GRANVILLE,OHIO
43023- 0514
June 19, 1989
Mary Ann Malcuit' s report at the last council meeting on the activities of the Granville Development Commission cause me some concern. My comments
follow. Please share them with Council as you deem appropriate.
1. The Kent PUD Modification.
Mary Ann reported that Bob Kent had submitted a request for a modification
of the development plan for the next phase of the golf course development. The modification proposed that 28 single family "cluster"houses be built in lieu of the 40 multif-amily condominium units originally proposed. The Development Commission approved the modification on the grounds that it was a minor modification within their jurisdiction under the Zoning Ordinance.
Section 1171.04(a)6() of
Development Districts provides
Commission,
the Granville Zoning Ordinance: Planned
that, with the approval of the Development
and without fukther action by council,
minor modifications of the approved development plan may be made. Such modification shall not increase the
overall density (for PUD) on the lot or change the essential character of the original approved plan." Emphasis added.)
The initial hurdle which an applicant for a modification must get over is a determination by the Development Commission that the modification is m" inor". If the Development Commission determines that modification will result in an increase in density or that if changes ". .t h.e essential character of the original approved plan . . t.h"e,plan must be resubmitted to Council for approval. The Development Commission has no jurisdiction over modifications to Planned Development Districts unless the modification is a minor one. However, the Zoning Ordinance gives the Development Commission the responsibility for making the determination with respect to the scope of changes which may be as mmuinsot rbemoredfiefircraetdions. Any modification which proposes an increase in density to Council.
Mr. Douglas E. Plunkett
June 19, 1989
Page 2
In this case, as I understand Mary Ann's report, the Development
Commission determined that because the density was reduced, the change was
minor and therefore could be approved by the Development Commission. However,
I don't believe the Development Commission reached the second part of the
determination required in order for that body to have jurisdiction over minor
modifications. That is, the Development Commission did not evaluate the
proposed modification to determine whether it would ch"an g e.th.e.
essential character of the original approved plan." In fact, the proposed modification changes the original approved plan in two significant ways:
1. This phase of the development is changed from multi-family
residences to single family residences;
2. The proposed modification will consist of single family housing
with significantly smaller lot sizes, side and rear yards and front
setbacks than in other part of this development and smaller than in
any other place in the Village.
We could discuss the meaning of "essential character" for days and probably not have any clear cut definition of that term. However, it is my opinion that this is a change in the essential character of the development.
It was originally approved as a development with single family housing on very large lots combined with multi-family residences. It has now been modified to
a development of multif-amily residences, single family homes on very large lots and single family homes on very small lots. The fact that the
modification results in less density than the original proposal does not change my opinion. This modification is a significant and essential change in the character of the development. Furthermore, it is a significant decision which will affect the lot size in every other residential development which occurs in the Village in the future.
While Council is not required to accept my opinion on this issue, I think it would be appropriate for Council and the Development Commission to discuss the parameters of the Development Commission's responsibility and jurisdiction with respect to modifications of approved Development Plans.
2. The Burkett Matter.
Some time ago, Tommy Burkett wrote to the Development Commission requesting permission to sell his house on Burg Street as a twof-amily residence. His property had been listed for more than one year and he had been advised that he would have better luck selling it as a twof-amily house. A member of the Development Commission is the listing realtor. While Mr. Burkett's request can and should be resolved as a factual matter, it is my opinion that the participation of the realtor in any decision or discussion with respect to Mr. Burkett' s request is inappropriate. Her business ares lationship with him creates a conflict of interest with her responsibilities a member of the Development Commission. This conflict prevents her from prealarttiecdipatotinigt.in any discussion about his application or voting on an issue My opinion is based on Revised Code Section 102.03(D). I have attached a copy of that section of the Ohio Revised Code and a reference to an opinion of the Ohio Attorney General which is on point.
1
Mr. Douglas E. Plunkett
June 19, 1989
Page 3
If you have questions about the issues I am raising in this letter, please
call me. By copy of this letter, I am letting Arny know about my concerns. I
am also sending a copy to Al Davison so that we can discuss both issues more
completely.
ACM/ kac
cc: Albert W. Davison, Jr.
Arnold Eisenberg
Very truly yours,
VILLAGE OF GRANVILLE
04·€•
C,
BY: GUlV/o
Ann C. Munro
Law Director
rcnA. 41- 29 1988 SUPPLEMENT § 102.03
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9, as to manifest a substantial and imptopet influence not of such a charactel as to manifest a substantial
upon him with respect to his duties, and imptoper influence upon him [with]iespect to
F)No peison shall plomise or give to a public his duties The house of tepiesentatives and senate,
official 01 employee anything of value that is of m theit tespective codes of ethics, and the Ohio ethsuch
a diaracter as to manifest a substantial and ics commission, under section 111 15 of the Revised
imptoper influence upon him with tespect to his Code, may adopt rules setting standaids and condiduties
tions foi the furnishing and acceptance of such tia-
G) In the absence of bribery or anothet offense vel, meals, and lodging, expenses; or reimbuise- 7
under tlie Revised Code 0, a purpose to defi aud, ment. 2
conti ibutions, as defined in section 3517 01 of the A peison who acts in compliance with this divi-
Revised Code, made to a campaign committee, po- sion and any applicable rules adopted under it, or p
litical pat ty, ot political action committee on be- any applicable, similar rules adopted by the suhalf
of an elected public omce,m othet public om- preme couit gove,ning judicial officers and eincial
or employee who seeks elective office sliall be ployees, does not violate division D( ),E ()o, r (F)of '
21.' '' consideted to accrue 01 clinatily to the public offi- this section This division does not pleclude any 1
cial ot employee fol the pulposes of divisions (D), peison ftom seeking an advisory opinion flom the
E),and (F)of tlits section apptopitate ethics commission under section 102 08
II)Divisions (D),E ()a,nd (F)of tlits section do ofthe Revised Code
not piohibit a public official 0, employee fiom so- 1 *1S! TORY: 141 v I!300 E( ff 9-178- 6)1;42 v H 592 Eff 6 24-
U
liciting or accepting 01 piohibit a peison ftom 88
r plomising 01 giving to a public official 01 employee Cross-References to Related Sections
an honotatium 01 similat fee for making a peisonal
Anything of value defined, RC § 1 03
appealance or speech, 01 soliciting, accepting,
ptomising, or giving piepayment 01 le,mbuisement Soliciting or receiving improper compensation, RC §
Ethics commission, RC § 102 06
of tinvel, meal, and lodging expenses incuited in 2921 43
connection with the pet sonal tippeaiance 01 speecli Statistical abstract preparation to protect confidential inif
eitlier division (II)( 1)0, ( 2)of this section ap- fortnation of commodity handlers, RC § 926 06
r.'' plies.
1) 711eptiblic official 0, employee is Icquited to CASE NOTES AND OAG
file a Anancial disclosuie statenient ut,det sectic,n NDEX
102 02 of the Revised Code coveting the time pe- Accepting n thing of valic, 36 38,45, 46, 48
i iod in which he accepts payment; ne,lhet the hon- Activitits not piohibitill, 3, 16 M , ora!ium or similar fee not tile plepald 01 teltn- Dis.losing conildentint|information, 55 2,. f buised expenses me paid by any poison ot othet Public moneys, 1
t , entity, or any repicscntative 01 association of sucli Reptesenting ptivate client bf:o:e·ptiblic agency,2, 5-8, 10, 25-28,
30, 39 41, 44
4. persons or entities, tlint is tegulated by, doing busi- Using offlcl.1,position to secitivathing ofvolue.4. 9. 11-15, 172- 4, 1
ness with, or seeking to do business with the de- 29, 31 35, 42J 43, 47, 49-54, 56 58
partment, division, instittition, boaid, commission,
authotity, buteau, 01 othet instiumentality of the
1. (1983) Moneys gratuitously given a mayor of a non-
1
govei nmental entity with which the public official charterell city for t]e solemnization of a marriage are re- bour iseeindpldooyeneosteerxvceese; danthdethaecteuxaplecnossets opfaiitdem01s aaecitmu-- ce,ved dnder color |of ofilce and are, therefore, public
mmieys witliln the terms of liC § 117 10, and records of
ally fuinished;
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finandal transactions involving such moneys must be
2)The honoiatium, expenses, 01 both wele paid maintained 1,1 accordance with RC §§ 117 05 1 and
Dk '' in recognition of demonstiall,e business, piofes- 117 08 OAG No 83-068
sional, 01 estlietic intelests of tlie public official 01 2 (1983)l h' e Ohio Ethics Law and related statutes do
employee that exist apait fiom his public ofilce 01 not prohibit a cou,ity prosecutor from representing a joint
employment, including, but not limited to, such a
ambulance district in his private capacity, provided that
demonstiable intetest in public speaking and wete
the representation is not before agencies of the county,and
not paid by any peison 01 othet entity, 01 by any
not on a matter in which he personally participated as a
public omcial, Ohio Ethics Commission, Advisory Opin-
8- t . repiesentative 01 association of such persons 01 en- ion No 83-009
titles, that is iegi,lated by, doing business with, oi 3. (1984)The Ohio Ethics Law and related statutes do
4 seeking to do business with the depal tinent, divt- not prohibit a city fire chief or other city omcial or em- sion, institution, boatd, commission, authotity,bu- ployee from serving on the board of a non-pr,ft corporareau,
or othet instiumentality of the goveinmental tion created by the city and other Jurisdictions to provide
entity witli which the pulI,tc offlci.1 ,01 employee contract paramedic services, provided that he is serving in
serves his official capacity as designated by city council, and that
I)A public official 0, employee may accept tra- no otlier conflict of interest exists: Ohio Ethics Commis-
2, , sion,Advisory Opinion No 84-001. vel, meals, and lodging 01 expenses ot ieimbuise-
4. (1984)Tlie Ohio Ethics Law and related statutes do 3 ment of expenses for tiavel, meals, and lodging in not prohibit a township from acquiring, either by direct
4 ' ceovennntesctrieolnatewdith conferences, seminms, and similar purchase or eminent domain proceeditig, real property to his official duties if the travel, owned by the wife ofa township trustee,provided that the
meals, and lodging, expenses, or leimbuisenient is township trustee does not participate in discussions, delibt
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§ 102.03 PAGE'S OHIO REVISED CODE ANNOTATED 28 J
b)Any candidate for the offlce of governor, at- informal appeannce before, or arty written or ornl
19 - torne general, secretar>of state, treasurer of state, communication with, any public agency on behalf
auditor of state, member of the senate or house of of any person. Nothing contained in this division
representatives of the general assembly, or to the shall prohibit, during such period, a former public
campaign committee of any such candidate. offlcial or employee from being retained or em-
3)The month, day, and year in which the con- ployed to represent, assist, or act in a representative
tribution was made; capacity for the public agency by which he was
4)The full name and addiess of each person, employed or on which he served. This division shall :i
political party,or campaign committee to which a not be construed to prohibit the performance of : '
contribution was made; ministeripl functions, including, but not limited to, 1
5)The value in dollars and cents of the contri- the filing or amendment of tax returns, applica- 1"
bution. tions for permits and licenses, Incorporation pn- :
17 B)No person shall knowingly fail to file a state- pers,and other similar documents.
ment that is required by this section. B)No present or former public ofAcial or em-
2 C)No person shall knowingly make a false ployee shall disclose or use, without appropriate
statement in n statement that is required to be nled authorization, any information acquired by him in
under this section. the course of his official duties which is conflden- .,
HISTORY, 142 v S t. Eff 11-28-88. Ual because of statutory provisions, or which ha, 5
been clearly designated to him as confidential ,
Cross-References to Related Sections when such confidential designation is warranted,
Penalty,RC § 102.99 because of the status of the proceedings or the ciri'
. Prohibitions,RC § 4503 03 cumstances under which the information was re-
2, ceived and preserving its confidentiality is necessary
to the proper conduct of government business.
§ 102.03 Public official or employee re- C ()No public official or employee shall partld- 1 strictions. pate within the scope of his duties as a public om-
4.. A)No present or former public omcial or em- cial or employee, except through ministerial func- 6
6.i:.,
ployee shall, during his public employment or serv- tions as defined in division (A)of this section, in t
ice or for twelve months thereafter,represent a eli- any license or rate-making proceeding that directly L
ent or act in a representative capacity for any afrects the license or rates of any person, partner- 1
person on any matter in which he personally par- ship, trust, business trust, corporation, or associa- i
4•.' ticipated as a public official or employee through tion in which the public official or employee or his ;
decision, approval, disappioval, recommendation, immediate family o*ms or controls more than five ,
f. the rendering of advice, investigation, or other sub- per cent. No public official or employee shall parstantial
exercise of administrative discretion. For ticipate within the scope of his duties as a public ;
twenty-four months after the conclusion of his serv- official or employee, except through ministerial
F4 ice, a former commissioner or attorney examiner of functions as defined in division (A)of this section,
the public utilities commission may not represent a in any license or rate-making proceeding that di-
1 public utility,as defined in section 4905 02 of the rectly affects the license or rates of any person to
Revised Code, or act in a representative capacity on whom the public official or employee or his immebehalf
of such a utility before any state board,com- diate family,or a partnership, trust,business trust,
mission, or agency. For twenty-four months after corporation, or association of which he or his imthe
conclusion of his service, no former public offl- mediate family owns or controls more than five per
cial or employee who participated as a public ofB- cent, has sold goods or services totaling more than
cial or employee through decision, approval, disap- one tliousand dollars during the preceding year,unproval,
recommendation, the rendering of advice, less the public official or employee has filed a writthe
development or adoption of solid waste man. ten statement acknowledging such sale with the
1 agement plans, investigation, inspection, or other clerk or secretary of the public agency and the
substantial exercise of administrative discretion un- statement is entered in any public record of the
der Chapter 343. or 3734. of the Revised Code shall agency's proceedings. This division shall not be
41- represent a person who is the owner or operator of construed to require the disclosure of clients of ata
facility, as deflned in section 3734 01 of the Re- torneys or persons licensed under section 4732 12 or
i·' vised Code, or who is an applicant for a permit or 4732.15 of the Revised Code, or patients of persons
license for a facility under that chapter,or shall act certifled under section 4731.14 of the Revised Code.
In a representative capacity on behalf of any such D)No public official or employee shall use or 5
person before any board, commission, or agency of authorize the use of the authority or influence of
the state or a political qubdivision. As used in this his ofilce or employment to secure anything of
f , division, m "atter"includes any case, proceeding, value or the promise or offer of anything of value
L -; , { application, determination, issue, or question, but that is of such a character as to manifest a substandoes
not include the proposal, consideration, or en- tia]and impiopet influence upon him with respect
actment of statutes, rules, ordinances, resolutions, to his duties
or charter or constitutional amendments. As used E)No public official or employee shall solicit or t 0. in this division, represent"includes any formal or accept anything of value that is of such a cha!acte,
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i. § 102.03 STATE GOVERNMENT 126
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I eligineer frotil re,iewing private engitieering work m a represe,italive capacity for a tranrportation company , pliert1i9,nerer,cipl llii,)e1>,1d,1·1 1r (1(11,)0,E#oltlhiiecrimCeo,1t,1im1c,irsssoiofntl,icAfdirvmisolriyy wOhpicinli- in wlitcli hc 15 a Imrtlier,I,efc,re llic 1«11, (31 cliftrict l„ 1„11* loti No 82 001 lie k einl)v!e(d,,on anv matter iii n lilch lie 19 dircrth con• „ , cerned and pergonally parlic,pates I}y a substantial and ,', ,' co2lit1ic il (1m9e8t0nb)Rereiflrgoemd Code § 102 03(D) prohibilf a cilv material erercise of adininistratie cliscretion In |111 capad1· '7 1 participatilig Iii (lismissions or votilig ty witli tlie scllool district Ohio Ethics Con,miusion, Ad1. i', on council matters regar(litig a downtown revital,zation vicory Opinion No 78 002 Cprooijnemctiswsioli,nc,liAduvoistioldrv IO,epnicnfiiotnhiNsop8ro0p-0e0r7ty· Ohio Ethics 32, 1( 978)As used in Revised Code 4 102 03(A)t,he , - 22 (1979)Ilevised Code § 102 03(D) prollibits phrase "represent or act in a representative capaclif cotilittl meinlw,r frotn ioting 0,1 a city incli,des any formal or informal appearance or u ritten oft real a zonlilg cliange affecting oral com,nu,ilcation Ollio Ethics Commission, Ad,turyl /, A(1,prc,c!r,tv o,vned I,y lils wife Olti)Elltic.9 Coininlision, 01i,nlo,i No 78 002 19)rv 01), nion No 79-008 33 (1977) Reilsed Cocle § 102 03(A)doef not prol,Iblt I , 231.9(79) 113( tic(l C(ide § 102 03(D)pr{11,111)19 a city an attorncy, wlio scrrecl as a hearing ern,ni,ier fcir thel criuticil ilie,111}r( fri,m vi,litig 1(,ni,i}rove lil:ilq and litalis Slate e !r'sJimd Bca, rd nf Review li,icler ali InclI('ri,l(ent 1 , hkh lic hac drafted frir ce)1,,11t(i·c:t,in!1, Iii Ills c.ipacitv as cc,ntract, fr(m, represcnlitig pripate clients lifffire Ihej ' n privalt,e!g,ltic er *111(1 filric)i,r (11)1(1)Ctitles C(in, ,l!iffic,n, Board willi!1,twelie months f„tile ter,nitialic,1 1,1 hhcrm t Acl,iwirv 01i„,ic,i, No 7[)01)7 I , tract with tlie Iloatcl Ohio Ethics C(initi,ininti, Achi:oryl ,° 5,, '' 2,1 1((179) llc,Iscrl , c(l:e § 102 03(D) Iircilill,Its a Opitilo,1 No 77-18(* 4m,e,11e|r, of n ti,u,15|lip 7011|lig ccililiniqsi|n( fri,in iolitig ti) 34 1(977) Reited Cock, § 102 03(A) i,rohibit I' ' SS lie1h,r.o,e a 70!tilig ellange or Knriance for prcil,erty in Wilic|! melnber of the rcli,11!litation Reniccs cominission rilitilia , ,:, Etlik1s4. ak(¥ tm[,i,(i,ittstiilms<Lcin!AIlhitcA'reRst .Ci )i.,,ir,mi':1 ,Nc4,t,I7le)a00g3<Ii't' 1(11)1( I1ll1,e,ytic,11,1, frcim rc lirescilling n 111, 11i£t ! c, |0, 1 a tlit !11 Of, r ... re 11,11li„tatic,n services ex)11,tilissic)11 01) an, matter x1 1 25 1(!17i() 11(ie·,cl (cle:,§) 102 (13(D) i r[cihilitls a city bc,f,re the ccitnlit,Guiti 1 1(,1},Elliics0 1(1:1,coll lici|1!1,1,1 frrmi icillg„,iffirlI„ti,velj f,ir tlic titv f a( 1(1,1- Chi)ln,,7 N0 77 001 11,991111,Adilwry ,'' 1
stlic,1, c,f a 91c(i'fic 1)ir,cel of prfil)r(t' if Ille exiti,c!,111,7,1 19 35 (1976)Revised Code § 102 03(A)prcillibitq a fc,rmer 1>1" k1m1#lkip,t iM:, 1t1|1w,1s.tt,mn elif 1|irt(ic'c )1,1itc(9,'f1|tlh,lit t1h,1r,rfiillll,er cif tlie prcil,crti in me,nl,er of tlic 1(11)0 13i,r)d, <fla, x al,licalq, fc,r a lieritxiof , cilii,mglmsi,ic,cs enterl,rise Ohic, Fil,is{1·,rice 1,1 thu (r,u„ I welve moiillis after hr leaves office, from r{p'rcittit!11%a 1 i'w! n (4„ti,i(n No 76 0(5} ics i()1:,,1,ilvic)1,, Ad ethloleic,it iln,caftolererftlwicithbowahricdhf „ttaher aml,clieinalliser0,,d11it>rwinigtlihricegard lo " tenice
m thrlioard, wac clirectl>concerne(I ntid iii i,hic],liepir i
1,1/2') Reprefclitilig private client liefore pil!li,c age,icv 26 1(982)Ilci Gotinllv parlicil}aled by a ful}stantial ariel material c,prcir - mmi,Ii,er fo, the Issttnilel a(tcic:leli(tc§,ir102 3( 3(A)lir(1)111ts),a fc}m, er cif adminiftrative discretion 0111(E, llics Coti,mission. Ad ' 4" 9 (ff,icr frotti r(I}r<filititig a visory Opinicin No 76-008 cit, 10, h„ic 1, he if now 1<11„1ir„d, befc,re tile Wate 36 1(975)A foritier clel]it,5 adininistrati,r of the Imreau 7 . 4: miclilfir s office M :i,11 itiatter iii h„ich lie i,er501,.illy par- of elitplf}j merit fervices IR I,rcihililted, frir tu elve I,iotithi, ti ticilintel( l„ille elit[1,(rd byllic,st:l,e aticlit(ir· 0111<E,thics froin rel}rese,iling a client (111 a matter before the 11,,re,111,If i; 'f Ci,it)iii<sic,n, Ad%ig,ir> 1 (1,t!i,,1 Nci 82-Of2} 1Ihile 27 (1981)Re;s :e,1 0,cle § 1(12 1)3(A)lirt,1,11,115 scri InK as del}zitv ad,1,Inistratcir of tlic litircoit he ,+ Valc• cli,plf}e,r frcirit ri,iri's 1)11111:a l,r!, Ic*· c, lt(1a'1f1c,r1nfo,ie(le'r was directi)c,ollcerne<l nild per90nnlly p,irticipaticl Iii a a,1,11,1,lic agc 11(m, a m.I,ll r !11 11 IIi(1-1 1.(1'( r'[fim.ill\,par- t9io,1n,tawtiitlhtrirle .ignadrdmtaotethrieal crercise of adint,ilfir,111d,(lf,re Aticil,ipalid as .1 41.Ile £1, 1,.1,e„e 1(11)0 11-(,c!s C<11),1,1.Gfion, matter 011,0 Ettlicf Collitilll«in, ts,ir, 01,ittioti Nci 81 (2){)
Adc,o!ry Oi,Inlon No 75-014
ft,i2t8c ((1'980)Ile,iqed Cocle § 11)2 09(A)prcil,il,its a ffiritier Using official position to secure a Illing of vallie 1111}Iri,ee 1(,1. .It Icirticv) fici,11 r(p'r<fe, itil,ig 41 1 irti'i.le 17 (Ic)83)Rei ised Code § 102 03(1)p)rcilill,! clli'lit ,11)3 11a)f,ter 1,1 h, icl, lie liersoliall>pdrlicqmled ni n 19 itisptr / fl,IN· i,1[1,,1,(,fi(,r· ,,,1,(rifid f„lifilic tcirg mid other ci,iplovees of the Boarcl of Costnelc,108$ 10: 1,1l(i,llif .lAi lie frtilit k|litig eY,41,1(1',1)(ig& 1,r(1,1(,-19 1(1 f.1,(1,19 tlitit tlici In , Ot1itiiso,(n1'.N11o0 8se0n -i0c8(e) Ohb Elltits Ctiti]1,1iq9111, A(Ii is(rv) fpect cir (illier, vise rigi,late 01110 Ell,ics Cot,imiwir,n, Ad ,
2,9 (1(8]0)11vigel CN,ick, 4 102 03(A) visc,rv Ol,ttiin„ Ni, 83-0(7} Iniard meitiber froin i,1,11„11 .s,clicw,1 repri,senltiig or acling iii a ri prisr'11-
38 (1(8)3) Ilic Ohic, Et.lii<9 1,t•w ni,1(rc,laird statillps ,
Inli,c c,ilincilj fcir tlie ailt(n,ic,litle denlership 1,3 wli,ch he prolill)t!a city e,1!11) z(e,e from receiving a ferlerall,filliclcd ,,
19 enitile(c„] licfc,re tlie school l(istit(t, on any matter in Ir1)11,or grant fro,11 ilic cit>clivificit,1,f c,1)1111, 1,nit,de,rl<p,
3 u litch lie is clirectlj concer,ircl mci in uhlch he percm,allv moil Ii(in) Etl,ics Co,ii,nicsim, Adisor> Cl)iinion , No 83-005 P.Irtkip,ties 1„a 9,11s) taritin| atid i,n}terial everclic of a(1
111 1,11 st r.111,e c|Iscritic,1, in |1 5, rapacity cm t|ic fc]0,01 lic)nrd 39 (1982)Revifecl Code § 10203(D)prohibits n cit) Ohic, EI.hicf (Ii:!(1,,f}f!i(i,,!AciviGIr,b 01,1111(111 NA} 80 003 rotincil nic:Tilier from reci·v,ing free calile televition ftri ki ,
30 7((J])(l)lc,i,c cl c(,c:le § 1(2}03(A)lic,Ii,1,its a citv frilt„a c <r,ix,rati,in tliat lic,c]ls a enlile tele,v,91,11 frn,1(hile
111,1(1 ,1111(1' 1!il r i,110 19 nli C 1,4111r( '(:1'11( fillit-u,r, fr(11,1 grantrcl b) the citv Ohio Etliles CoinilliSSic1},, Ail,irrin
rel,rf·c.tilitig n I iririte clic rit fil ailing m a ripresela„l tre
01,11111(,,No 82 005
7 , c,111),il, fir .111, i,elcon m .1,1, 111,ttltr I*lli #Ii,cli lie 19 40 (1'182) Ile#lv'cl Cocle § 1(12 1)3(1)l)iohil)t! ,!n er , lircrth il,i(cirlic (1 alid Iii u Ii,ch 11(p' ors1„,1,11,1)ir:ticil}1,1(19 niI,iner ein,113(e',cl 1,0 the state nuclitor froIii 11 1. 111)91:11111,11 micl ilialer!1,1 er<t·i,se <f ,ad, 5(9 king 11.i(ct,1{1 ,iii his wl,Acit, 19. a 1(13 { 11,1,s!tral i,e ce,liI,10%11,etil will, 1;citj d,irilig tlie LY,1 irr of lils atic]11 1)f .s c|It(li|g!n 7(mhigc| c„ic,„1 1„6l„ic,·r, m. t|i,it c It> Cl)ik, ICI]itcf Coni,niffi,11, Acl,iwry Ol,inicin i,ingr or ,a·ri.Ince 01110 Ethics Commis- No 82 002
ri„1,,Acli Iscir,1 ) 1(1)1n(,Nc, 79-007 41 (1981) Revised 31 (1978)Ile, Code § 102 1)3(1))prolitl,ilf an E chstrict trn, iw·cl Cocie § 102 03(A)prc)1|111,1 A sclic,1 (, ettiphilee of a ec,unt>recordrrioffice from recming com t 19,<ittall<111 r!r,€c.li,r fi 1„11 rE·1)1(se:,Ititig or actilig pericatic1,[ frc)11! prlinte :11l(ikic!11:119 frir cond,Itling lilli ''
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