Ohio Ethics Commission issues opinion on coaches receiving supplemental compensation from private organizations. The Ohio Ethics Commission (OEC) recently issued an advisory opinion concerning whether it is permissible for a booster organization to pay a school employee to coach or perform other district services related to a student activity.  (Ohio Ethics Commission Opinion No. 2008-01).  The OEC concluded that the Ethics Law and related statutes prohibit a district employee (including coaches, teachers, administrators, supervisors, district officials, management level employees regardless of his or her duties) from being compensated for services provided for a school–related activity by any other source.  The opinion, which became effective upon acceptance by the Commission, applies to officials and employees of all school districts, educational service centers (ESCs), and community schools operating under Section 3314.03 of the Revised Code.   The Commission found that RC 2921.43(A)(1) prohibits a public servant from soliciting or accepting, and prohibits any person from promising or giving a public servant, compensation: •    To perform official duties; •    To perform any other act or service in his or her public capacity; •    For the general performance of the duties of the public office or public employment; or •    As a supplement to public compensation. OEC stated that the law allows a school employee to receive compensation only from the district for coaching or other services and prohibits the employee from accepting payment for the same services from any other person or entity.  Booster groups and school support organizations are prohibited from promising or providing any compensation to an employee for performing their duties at a school or school-related activity, which includes coaching. The commission wrote, “In enacting R.C. 2921.43(A), the General Assembly intended to protect the public by ensuring that a public servant would serve only the public, and the performance of his or her job duties would not be influenced by the public servant's obligation to any other source of compensation.”  The opinion does point out that no person, including private organizations, is prohibited by Ohio Ethics Law from making a voluntary gift, bequest, donation or endowment to a school district to be used as the district chooses.  However, the district retains the right to select, direct, and set the salaries of school employees and it may not give away any of its rights or duties to manage and control the school district.  Therefore, donations or bequests may not have conditions attached to them that would remove any part of the school district’s control over all its functions, including a condition that the funds be used to provide compensation to school employees or fund positions.  The district may choose to use the funds for those activities, but receipt of the funds cannot be conditioned upon its doing so.    The opinion applies to all Ohio school districts; local, exempted village, city, cooperative, and municipal, including educational service centers, joint vocational and community schools. Ohio School Boards Association 8050 N. High Street, Suite 100 Columbus, OH 43235 614.540.4000 | www.osba-ohio.org contact us | privacy policy