The Ohio Ethics Commission recently issued Advisory Opinion No. 2025-01, clarifying that domestic partners are now considered "family members" under Ohio's Ethics Law. This opinion marks a significant step in modernizing the interpretation of ethical restrictions placed on public officials and employees.
Background of Ohio Ethics Law
Ohio’s Ethics Law, as outlined in Ohio Revised Code (R.C.) Chapter 102 and R.C. 2921.42, prohibits public officials and employees from using their positions to benefit their family members. Traditionally, "family member" included spouses, children, parents, and other immediate relatives. However, as domestic partnerships have become increasingly recognized in legal and societal contexts, questions arose as to whether they should be included within the Ethics Law’s prohibitions.
Key Takeaways from Advisory Opinion 2025-01
The Ethics Commission’s opinion states that domestic partners now fall within the definition of "family member" for purposes of conflicts of interest. This means that public officials and employees:
- Cannot participate in decisions involving employment, promotions, or contractual benefits for their domestic partners.
- Must abstain from any official actions that could result in financial gain or preferential treatment for a domestic partner.
- Are required to disclose and recuse themselves from matters where their domestic partner has a financial interest.
The opinion defines a domestic partner as a “person living with a spouse.” A “person living as a spouse” means one who is living with the public official or employee in a common law marital relationship or who is otherwise cohabitating with the public official or employee.
Implications for Public Officials and Employees
This expansion of the Ethics Law’s scope will require increased awareness and diligence from public officials. Agencies should update internal policies and training materials to reflect this broader definition of family members. Additionally, officials should seek guidance from legal counsel or ethics officers when uncertain about potential conflicts.
Conclusion
The Ohio Ethics Commission’s decision aligns ethical regulations with modern relationship structures, reinforcing the importance of impartiality and public trust in government. Public officials and employees must take proactive steps to comply with this advisory opinion to avoid potential ethical violations.
For further information, the full text of Advisory Opinion 2025-01 is available here.
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