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SUSPECTED ILLEGAL ACTIVITY POLICY
Effective December 5, 1999
Purpose To inform all ODNR employees of their responsibility to report suspected illegal activity at the workplace; to outline a notification process that is consistent with the Governor's Office and the Office of Chief Legal Counsel for the Governor guidelines.
Authority Governor's Policy for Responding to Illegal Activity with State Departments dated April 12, 1999
Reference ODNR Administrative Leave Directive
Resource Department Law Enforcement Administrator; Chief Legal Counsel

It is important to the success of this policy implementation that several inter-related key issues are understood at the outset.

  1. In order to encourage reporting, the supervisory chain of command will be bypassed. Individuals reporting illegal activity may remain anonymous.
  2. All allegations of illegal activity will be logged and reported to the Governors Chief Legal Counsel by the Department's Law Enforcement Administrator, and followed by the appropriate action in a timely manner.
  3. Information and case updates will be shared to the fullest extent possible between Administrative and Criminal Investigations as well as the Departments and Governors Chief Legal Counsels Offices and that of other investigative agencies.

I.Notification

  1. Allegations or suspicions of illegal activity on the part of a state employee on state time or on a state facility:
    1. Employees who become aware of such activity shall report it to the Director. The Department Law Enforcement Administrator will be the Directors designee to receive and process these reports. Notice may be in person, by phone, or mail.
    2. There shall be no policy or directive requiring a division or section employee to report such notification to his superior or others in his chain of command. The Department Law Enforcement Administrator will determine if and when this is to be done.
  2. Allegations of illegal activity on state facilities including Central Office complex, not involving a state employee. (Theft, breaking and entering, assault etc.)

Procedure

Notify the Department Law Enforcement Administrator. Contact ODNR through the DNR radio room. If the Department Law Enforcement Administrator is unavailable contact OSP.

  • Notify the State Highway Patrol.

  • It is the intention of this procedure to have every theft or property loss, regardless of the value or owner of the property, that occurs on state property to be reported first through the Patrol, and not to any local agency or building security. Notification of a supervisor following the Patrol is in order in these instances.

    Exceptions: Departmental divisions and the Department's Law Enforcement Administrator with statutory enforcement authority and commissioned peace officers will continue to investigate and bring to close any criminal activity as before. An investigation that discloses a state employee to be involved will be elevated to the Department Law Enforcement Administrator per Sec. I A of this policy.

    • Field Offices contact local post.
    • Offices in Franklin County contact 752-5389 or 466-2660.

  • II. Notification of the Governors Chief Legal Counsel

  • This policy is not intended to circumvent the civil rights of state employees or the procedures set forth in the Ohio civil service laws, department policies, or collective bargaining agreements. Due to the nature of some situations, employees may be placed on Administrative Leave with Pay or be reassigned to another work location pursuant to applicable departmental policies and collective bargaining agreements.

    1. The Departments Law Enforcement Administrator shall be responsible for the notification of the Governors Office of the Chief Legal Counsel regarding allegations of criminal activity.
    2. Notification will follow the format supplied by the Governors Policy.
    3. Notification will be under one of four subject headings:
      1. Request for Criminal Investigation by the State Highway Patrol.
      2. Notification of an Administrative Investigation that may involve illegal activity.
      3. Notification of criminal activity being investigated by ODNR officers.
      4. Request for referral to Inspector General, Ethics Commission, or State Auditor.
    4. The Department's Law Enforcement Administrator will maintain communication with the Departments and Governors Office of Chief Legal Counsel and State Highway Patrols Office of Criminal Investigations to include Monthly Case Summary and written notice of case status change.
    5. The Governors Office of Chief Legal Counsel shall retain the option of elevating and/or re-assigning any such investigation being conducted by ODNR officers to the State Highway Patrol.
    6. Investigations being conducted by ODNR will be assigned immediately and conducted in a timely manner. Administrative Investigations will only be delayed if going forward would hamper the criminal investigation. The decision to delay will be based on discussion between the Governors Chief Legal Counsel and the investigating agencies.
    7. Non-interview investigatory information regarding illegal activity will be shared with criminal investigators as will any information not protected under a Garrity Warning. Employees may be questioned administratively regarding information gained in a criminal investigation and responses may be used to take administrative action.
    8. All correspondence, requests, recommendations, and inquires with regard to these investigations will be directed to the Department Law Enforcement Administrator. In the absence of the Department Law Enforcement Administrator contact the Deputy Director of the affected division.

    • Job Hotline 614-265-6990 | Office of Human Resources 614-265-6981

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