Office of the Governor Press Releases

7.31.07 - Governor Announces Appointments to New Workers' Compensation Board
of Directors
Columbus, Ohio –Governor Ted Strickland today appointed 11 members to the newly established Workers’ Compensation Board of Directors, with William Lhota serving as chair. The independent, external board of directors will serve as the primary fiduciary entity of BWC funds and be held accountable for the bureau’s operations.

“The establishment of an independent board of directors brings us a step closer to restoring confidence and accountability in the Ohio Bureau of Workers’ Compensation,” Strickland said. “The new board will ensure greater professional expertise and strengthened fiscal management of BWC funds.”

Strickland selected the 11 non-legislative members of the board from 43 names submitted by the Workers’ Compensation Nominating Committee, chaired by Lt. Gov. Lee Fisher.

The non-legislative membership of the board consists of one representative of employees, two representatives of employee organizations, three representatives of employers, two investment and security experts, one certified public accountant, one actuary and one member of the public.

Once convened, the members will form three subcommittees to provide independent advice and verification of BWC financial and operational performance: an audit committee, an investment committee and an actuarial committee.

The following individuals have been selected to serve on the BWC Board of Directors:

William Lhota, Chair and Representative of Employers (for self-insuring employers)

William Lhota, of Worthington, has been president and CEO of the Central Ohio Transit Authority (COTA) since 2004. Lhota previously spent 37 years at American Electric Power, where he served in various management positions. Lhota also created and managed AEP’s corporate compliance program in the early 1990s and served as chief compliance officer until his retirement in 2001. Lhota received a bachelor’s degree from The Ohio State University in 1964 and master’s degree in management from the Massachusetts Institute of Technology in 1978.

James Hummel, Representative of Employers (for state-fund employers with over 100 employees)

James Hummel, of Dover, is the vice president of human resources for Lauren International, a manufacturer that employs more than 500 people in Ohio. Since 1993, Hummel’s responsibilities have been to protect the company’s assets and employees, which includes safety and workers’ compensation. Under Hummel’s supervision, Lauren International created a wellness program that successfully reduced health and workers’ compensation related expenses among employees. Hummel received a bachelor’s degree from Malone College in 1998.

Jim Matesich, Representative of Employers (for state-fund employers with fewer than 100 employees)

Jim Matesich, of Granville, has worked for Matesich Distributing Company, a family owned wholesale beverage distribution business in Newark, for nearly 32 years. He currently serves as president and CEO, and oversees the company’s administration, accounting procedures, investment account and operations. Matesich serves on the boards of directors for the Wholesale Beer and Wine Association of Ohio and Hospice of Central Ohio. He graduated with a bachelor’s degree from The Ohio State University in 1977 and received an MBA from Ohio University in 1987.

James Harris, Representative of Employee Organizations

James Harris, of Gahanna, currently works part-time for the United Auto Workers on workers’ compensation legislation. He retired in 2003 after more than 20 years of experience on the UAW international staff. Harris also served as the director of the Ohio Department of Industrial Relations from 1983-1991. He graduated with a bachelor’s degree from Wayne State University in 1980.

David Caldwell, Representative of Employee Organizations

David Caldwell, of Pataskala, is a 37-year member of the United Steelworkers of America. Caldwell has held several positions in the United Steelworkers State of Ohio District 1; he presently serves as legislative coordinator and assistant director. He has also held various local union offices, including president of USW Local 2342 and chairman of the workers’ compensation committee. Caldwell is currently the president of the Central Ohio AFL-CIO and a member of the Ohio AFL-CIO Executive Committee.

Philip Fulton, Representative of Employees

Philip Fulton, of Columbus, is the owner of Philip J. Fulton Law Office, a firm that represents victims of workplace injuries in matters of workers’ compensation and social security disability. He has served in several capacities at Capital University Law School, including as an adjunct professor for workers’ compensation law. Fulton has received several recognitions for his legal work, including the Workers’ Compensation Outstanding Service Award from the Ohio Academy of Trial Lawyers in 2005. Fulton received a bachelor’s degree from The Ohio State University in 1977 and a law degree from Capital University in 1980.

Larry Price, Member of the Public

Larry Price, of Columbus, was a state representative for the 26th House District from 2003-2004. Price is currently the president and chief consultant for L. Price and Associates Consulting in Columbus. He previously served as an assistant to Columbus Mayor Michael Coleman and worked in the Ohio Senate for nearly 20 years as a message clerk and assistant sergeant at arms. Price received a bachelor’s degree from The Ohio State University.

Charles Bryan, Actuary

Charles Bryan, of Columbus, has 35 years of experience as a casualty actuary. His actuarial career spans several companies including Nationwide Insurance, Ernst and Young, United Services Automobile Association (USAA) and Allstate Insurance. He is the founder and current president of CAB Consulting, a property-casualty insurance consulting company. Bryan serves on the boards of Medical Mutual of Ohio, Safe Auto and Tower Insurance Group. He received a bachelor’s degree from John Carroll University in 1968, a master’s degree in mathematics from Purdue University in 1969 and an MBA from Golden Gate University in 1976.

Kenneth Haffey, Certified Public Accountant

Kenneth Haffey, of Chester Township, has been a licensed CPA in Ohio since 1986. He is currently a partner in CPA firm of Skoda, Minotti and Co. in Mayfield Village and served previously as a managing partner and vice president for Century Business Services, Inc., a Cleveland CPA firm. Haffey has also worked as a vice president for banks in Cleveland and Chicago and has served as an adjunct accounting professor at Case Western Reserve University since 1990. Haffey received a bachelor’s degree from the University of Notre Dame in 1978 and an MBA from DePaul University in 1982.

Robert Smith, Investment and Security Expert

Robert Smith, of Beachwood, has nearly 30 years of experience in investing, finance, accounting, management and marketing, and is currently serving as president and CEO of Spero-Smith Investment Advisers, Inc., in Cleveland. Smith is a member of several boards of directors, including the Cleveland-Cuyahoga Port Authority, Motorists Insurance Group and Ohio Gratings, Inc. He is also on the board of trustees for the Ohio Public Employees Retirement System. Smith received his bachelor’s degree from Ohio Northern University in 1975 and an MBA from Duquesne University in 1982.

Alison Falls, Investment and Security Expert


Alison Falls, of Port Clinton, operates a local practice in Port Clinton that serves financial services institutions, mid-cap corporations and non-profits. She previously served as a managing director for Banc of America Securities, Inc., on Wall Street from 1994-2002. Falls is currently the board chair for the United Way of Greater Toledo. She received a bachelor’s degree from SUNY Binghamton in 1970 and a master’s degree in economics from The Ohio State University in 1972.
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7.27.07 - Governor Appoints Timothy Cannon to 11th District Court of Appeals
Columbus, Ohio – Governor Ted Strickland announced today the appointment of Timothy Cannon to the 11th District Court of Appeals.

“Tim is a community leader and an accomplished attorney who has exemplified competence and professionalism throughout his career,” Strickland said. “I believe he will be an exceptional addition to the Court of Appeals.”

The 11th District Court of Appeals holds jurisdiction over Lake, Ashtabula, Geauga, Trumbull and Portage counties. Within the five-county district, the court exercises jurisdiction to review, affirm, modify, set aside or reserve judgments or final orders of lower courts, as well as decisions of administrative officers or agencies in the district.

Cannon fills the judicial seat vacated by the resignation of Judge William O’Neill. Cannon will begin serving the court on August 15, and his appointment will extend until January 2, 2009.

Cannon, 52, resides in Painesville and brings to the bench more than 26 years of legal experience spanning the public and private sectors.

Cannon is currently a partner in the law firm of Cannon, Stern and Aveni, Co., LPA, where he has worked since 1980. His current concentrations are in local government law, estate planning and administration, small business, personal injury and civil litigation issues. In addition, Cannon presently works as a legal adviser to the Painesville Township Trustees and the Laketran Regional Transit Authority.

Cannon has also held several positions in the public sector. He served as a board member for the Lake County Board of Education from 1980-1993, assistant city law director and prosecutor in Painesville from 1989-1992, and a Painesville Township Trustee from 1995-1997.

Cannon is a member of the Lake County Bar Association and currently serves as the chairman of the association’s litigation committee.

Cannon received his bachelor’s degree from John Carroll University in 1977 and his law degree from the Cleveland Marshall School of Law at Cleveland State University in 1980.

“I am humbled by Governor Strickland’s appointment and assure that I will serve the court and community with high standards and an open mind,” Cannon said.

Cannon is married to Lisa Lombardy Cannon. They have two grown children.

Governor Strickland selected Cannon through Ohio’s new judicial selection process, in which members of the Ohio Judicial Appointments Recommendation Panel (OJARP) evaluate the qualifications of applicants for judicial vacancies and then make non-binding recommendations to the governor based on their evaluations. OJARP is currently working to fill judicial vacancies in Lawrence and Mahoning counties.
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7.27.07 - Governor Establishes Broadband Ohio Network To Expand High Speed
Internet Access in Ohio
Columbus, Ohio – In order to coordinate and expand access to the state’s broadband data network, Ohio Governor Ted Strickland has signed an executive order establishing the Ohio Broadband Council and the Broadband Ohio Network.

The order directs the Ohio Broadband Council to coordinate efforts to extend access to the Broadband Ohio Network to every county in Ohio. And the order allows public and private entities to tap into the Broadband Ohio Network – all with a goal of expanding access to high-speed internet service in parts of the state that presently don’t have such service.

“Ohio’s economic future relies on our ability to compete in a high-speed, high-tech global marketplace,” Strickland said. “The Ohio Broadband Council will partner with the public and private sectors to help make sure that every Ohioan has viable access to affordable, high-speed internet service, regardless of where they live, work or learn.”

The order directs state agencies to use the Broadband Ohio Network rather than the patchwork of public and private networks agencies presently use, allowing the state to realize cost savings and efficiencies.

“By fully utilizing our state broadband network we will be making efficient, responsible use of our public dollars,” Strickland said.

In addition to developing a plan for statewide broadband deployment, the Ohio Broadband Council is charged with coordinating all state-funded broadband initiatives, pursuing additional federal investments in broadband, promoting public and private broadband initiatives and addressing the digital divide in Ohio’s rural and urban areas.

The Council, to be co-chaired by the state Chief Information Officer and the director of the Ohio Supercomputer Center, will consist of representatives from several state agencies, four state legislators and the director of the Governor’s Office of Appalachia or his designee. In addition, the governor will appoint representatives from Ohio’s business and labor communities, local governments and the general public to serve on the Council at his discretion.

The governor has charged the Ohio Broadband Council to extend access to the Broadband Ohio Network so that state agencies in all 88 counties can be linked to the nearest connection point on the network. In addition, the order authorizes governmental and non-governmental entities to access the Broadband Ohio Network.

“This is the first step in bridging the digital divide in Ohio, and I look forward to working with industry providers, businesses and our local communities to take additional steps to provide superior broadband access to all of Ohio’s 88 counties,” Strickland said.

Text of the Executive Order follows:

Executive Order 2007 – 24S

Establishing the Ohio Broadband Council and Broadband Ohio Network

1. Broadband Services Are Vital to Economic Growth and Opportunity in Ohio. High-speed data transmission networks, known as broadband networks, are a fundamental building block in developing a robust economy in Ohio. Access to broadband is as critical to advanced technology and service industry employers as are roads, rails and electric service to manufacturers. Building on the State’s investment in broadband infrastructure will help create a competitive, well-connected state economy.

2. Achieving Cost Savings and Efficiencies. The State of Ohio currently maintains a number of distinct, independently-operated leased data networks carrying the data of various state agencies and connecting them with each of Ohio’s 88 county governments. Substantial cost savings can be achieved by consolidating Ohio’s public broadband resources into a single data network, allowing the State to more efficiently procure broadband data services in the future.

3. Establishing the Ohio Broadband Council. Because the development of a single system for providing broadband data networks by the State will be an efficient use of taxpayer dollars, I am ordering the establishment of the Ohio Broadband Council (the “Broadband Council”). The Broadband Council will unite key state agencies in developing a strategic plan for the deployment of a new, statewide broadband data network.

4. Role of the Broadband Council. The Broadband Council will identify resources necessary for broadband implementation, coordinate all broadband enhancement activities that receive funds from the State of Ohio, and pursue new federal investments in broadband data network services at state agencies, educational institutions, and local government facilities. Additionally, the Broadband Council will establish policies and may create advisory groups that promote public and private broadband services and investments, and develop a plan to address access issues in Ohio’s rural and urban communities.

5. Council Composition and Operations. The Ohio Broadband Council will be comprised of the following:

a. The directors of the following state agencies, or their designees,: Agriculture, Commerce, Development, Education, Health, Job and Family Services, Public Safety, Public Utilities Commission and Board of Regents. The Chief Information Officer and the Director of the Ohio Supercomputer Center will serve as Co-Chairs of the Broadband Council, and the Director of the Governor’s Office of Appalachia or his designee shall be a member of the Council. Additional state agencies and offices may serve on the Broadband Council at the invitation of either of the Co-Chairs.

b. The Speaker of the Ohio House of Representatives, the President of the Ohio Senate, and the minority leaders of the House and Senate will each be invited to appoint one member to the Broadband Council.

c. I will also appoint representatives from Ohio’s business and labor communities, local governments and the general public to serve, at my discretion, on the Broadband Council.

d. The Office of Information Technology and Ohio Supercomputer Center will provide support staff for the Broadband Council.

e. Members of the Council will not receive compensation for their service to the Council.

6. Creating the Broadband Ohio Network. The new broadband data network to be established by the Broadband Council will be known as the Broadband Ohio Network.

a. The Broadband Ohio Network will have two components. The first is the NextGen Network, which will provide broadband data services to all state executive agencies, boards and commissions. The second is the OSCnet, formerly known as the Third Frontier Network and now so named because it is housed at the Ohio Supercomputer Center, which will focus on innovation, research, education and economic competitiveness.

b. All state executive agencies, boards and commissions are directed to contact the Office of Information Technology to plan the timeframe in which they will transition to the NextGen Network.

c. Because of the cost savings associated with transitioning to the NextGen Network, non-executive state agencies and organizations are strongly encouraged to use the NextGen Network system.

d. OSCnet will develop and deploy new technology that focuses on the retention, enhancement, and attraction of high-quality jobs to Ohio.

e. OSCnet will continue to provide the latest data network technology to facilitate the education and research needs of higher education, as well as K-12, public television, health, agriculture and research (local, state, and federal).

7. Extending Access to the Broadband Ohio Network. While Ohio has benefited from a strong level of investment in broadband networks by private sector telecommunications companies and through the leadership of our higher education community, broadband service is not universally available and affordable. Many of Ohio’s rural regions remain without access to broadband, while these services and data networks remain financially out of reach to many low-income communities. As we move further into the 21st century, Ohio must provide access to broadband networks in all 88 counties. As such, I am directing the Broadband Council to acquire sufficient high capacity connections to link state agencies in all 88 counties to the nearest point of connection on the Broadband Ohio Network. This approach will improve access in underserved areas, while targeting state resources toward local initiatives that provide computing resources and training where it is most needed.

8. Authorizing Connections to the Broadband Ohio Network. Because a primary goal of updating the State’s data network services is to ensure that there is viable access to superior broadband services in all parts of Ohio, including access for non-state entities, I am directing the Broadband Council to authorize connections to the Broadband Ohio Network, when it becomes available, to both governmental and non-governmental entities .

9. I signed this Executive Order on July 26, 2007 in Columbus, Ohio and it will expire on my last day as Governor of Ohio unless rescinded before then.

______________________________________

Ted Strickland, Governor

ATTEST:

______________________________________

Jennifer Brunner, Secretary of State
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7.26.07 - Governor Signs Executive Order Creating Standardized Internal Audit Process
Columbus, Ohio – Ohio Governor Ted Strickland today signed an executive order creating a Division of Internal Control and Audit Oversight at the Office of Budget and Management and the State of Ohio Audit Committee.

“This is a step toward ensuring greater efficiency and effectiveness in state government,” Strickland said. “By enhancing our internal auditing management practices we will make Ohio government work better for the people we serve.”

The order directs the Office of Budget and Management to appoint an OBM employee as chief internal controller to oversee the Division. This individual will work closely with the internal controllers at each agency, state board and commission to ensure the state of Ohio has a strong and effective system of internal control in state government.

Specifically, the order creates a program of internal control, risk management and internal audit functions that will enhance and standardize the state’s internal audit functions within each agency, board and commission. The Division will ensure accountability and compliance with internal control programs across state agencies, boards and commissions, especially in mitigating financial risks to state operations.

The enhanced program will focus on all aspects of internal controls including, but not limited to: Fiscal, Financial Reporting, Payroll, Human Resource Management, Procurement and Information Technology (including data security and privacy).

The executive order also establishes the State of Ohio Audit Committee (SOAC), which will be charged with identifying and encouraging effective governmental financial management, internal control and internal auditing practices in all components of Ohio’s government.

Representatives from the following offices will be invited to serve on the audit committee: Attorney General, Secretary of State, Treasurer of State, Chief Justice of the Supreme Court, President and Minority Leader of the Ohio Senate, and the Speaker and Minority Leader of the Ohio House of Representatives. The director of the Office of Budget and Management will serve as chair of the audit committee.

The audit committee will be responsible for submitting an annual report to the Governor and Auditor of State on its work as well as any recommendations regarding the role of the committee.

Text of the Executive Order follows:

Executive Order 2007 -25S

Creating the Division of Internal Control and Audit Oversight and the State of Ohio Audit Committee

1. The Office of Budget and Management’s Accounting Responsibilities. Ohio law requires the Director of the Office of Budget and Management (the “OBM”) to evaluate, on an ongoing basis, the internal accounting controls used by the State’s cabinet agencies, boards, and commissions (collectively, the “State Agencies”) and, if necessary, to make recommendations to improve those controls.

2. Statewide Internal Accounting Control Program Implemented. In 1999, Governor Taft, through Executive Order 1999-14T, directed all state agencies to conform with the Internal Accounting Control Program (the “Program”) developed by the Director of the OBM and outlined in Ohio law. The Program required state agencies to prepare and submit an annual report on the adequacy of an agency’s internal accounting control system and to work with the Director of the OBM to implement the Program consistently across all state agencies.

3. The Current Internal Accounting Control Program for State Agencies is Outdated. The Director of the OBM has reviewed the Program that was implemented in 1999 and has determined that:

a.the Program has not been significantly reviewed or revised in several years

b. the Program has become outdated in light of current best practices identified by outside governing bodies

c. the Program must make significant changes to reflect new business processes, like the State’s new payroll and financial system.

4. Creation of the Division of Internal Control and Audit Oversight. Because it is imperative that the State has a thorough internal control program to ensure that all of the State Agencies are using effective and efficient accounting operations and reliable financial reporting, I hereby order the creation of the Division of Internal Control and Audit Oversight (the “Division”), within the Office of Budget and Management.

5. Role of the Division. The Division will oversee and monitor compliance with internal control programs within each of the State Agencies and assure that adequate internal controls exist to continuously diminish financial risks to state operations. The Division will also develop a program of internal control, risk management, and internal audit governance for the State Agencies and enhance the State’s internal audit function. The program shall focus on all aspects of internal controls including, but not limited to: Fiscal, Financial Reporting, Payroll, Human Resource Management, Procurement and Information Technology (including data security and privacy).

6. Leadership for the Division. I hereby direct the Director of the Office of Budget and Management to appoint a Chief Internal Controller (the “CIC”) to lead the Division. The CIC will oversee the Division and will work directly with Internal Controllers at each state, who will report both to the Directors of their respective agencies, as well as to the CIC.

7. Creation of the State of Ohio Audit Committee. In her Management Letter regarding the financial statements of the State of Ohio dated, March 23, 2007, and her State of Ohio Audit released today, Auditor of State Mary Taylor recommended that a state audit committee be created to facilitate the State’s responsibility “for establishing and maintaining internal controls over financial reporting.” While the establishment of an audit committee with oversight authority over the separate branches of the Ohio government and the separately elected constitutional officeholders could raise significant constitutional issues, the establishment of an audit committee aimed at encouraging the recognition and implementation of best financial management practices would benefit the people of Ohio. Accordingly, I am ordering the creation of the State of Ohio Audit Committee (SOAC), which shall work to identify and encourage the use, by all components of the Ohio government, of effective governmental financial management, internal control and internal auditing practices.

8.Composition of the State of Ohio Audit Committee. The SOAC shall be composed of the following individuals:

a. In recognition of their independent constitutional status, representatives of the following officeholders will be invited to appoint a staff representative to the SOAC: The Auditor of State, The Attorney General, The Secretary of State, The Treasurer of State, The Chief Justice of the Supreme Court, The President and Minority Leader of the Ohio Senate, and The Speaker and Minority Leader of the Ohio House of Representatives

b. The Director of the Office of Budget and Management will serve as the SOAC’s chair

c. I will also appoint, as suggested by the Auditor of State, other individuals who are knowledgeable about governmental financial practices including individuals from outside the state government

9. SOAC Operations. The SOAC, through its Chair, shall report, annually, in writing, to the Governor and the Auditor of State regarding the effectiveness of the SOAC in bringing about improvements in Ohio’s financial management, internal control and internal auditing practices and making any recommendations for modifications to the Committee and its charge.

10. I signed this Executive Order on July 26, 2007 in Columbus, Ohio and it shall expire on my last day as Governor of Ohio unless rescinded before then.


____________________________________
Ted Strickland, Governor

ATTEST:
_____________________________________
Jennifer Brunner, Secretary of State


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7.26.07 - Judicial Panel Accepting Applications for Vacancy on Mahoning County Court
Columbus, Ohio – The Ohio Judicial Appointments Recommendation Panel is currently accepting applications to fill a vacant seat on the Mahoning County Court of Common Pleas, General Division, due to the retirement of Judge Maureen Cronin.

Applicants for the Court of Common Pleas position must be a resident and registered elector of Mahoning County and not yet 70 years old on the day they begin their duties, as dictated by Ohio law. In addition, they must be admitted to practice law in Ohio and have maintained their legal license for six years prior to assuming the judicial post or served as a judge of a court of record in any jurisdiction in the United States.

The term of the Mahoning County appointment will extend until January 2, 2009. To continue service in the position, the appointee must run in the November 2008 judicial election.

In the case of all judicial vacancies, applicants must follow the guidelines set forth by the Ohio Judicial Appointments Recommendation Panel to ensure their eligibility for appointment.

Applications must be submitted directly to the judicial panel and will then be distributed to the at-large and regional panel members. Details and the full text of the application procedure are available on the judicial panel’s section of the governor’s Web site.

Requirements for all applicants include submitting a letter of interest, resume, panel questionnaire available here, and no more than six letters of recommendation.

Additional details about OJARP and the application process can be found at http://ojarp.org/.

All materials submitted by applicants for a judicial vacancy will be considered public record under Ohio law. Applicant communication with panel members must be directed to the entire panel; all attempts to contact or influence a panel member are prohibited. Applicant questions and concerns should be addressed to Kent Markus or Jeff Ruppert in the Governor’s Office at (614) 466-3555.

Applications for the Mahoning County appointment must be received by 5 p.m. August 15.

Candidates must be available to interview in person on August 31 in Columbus. Individual candidate times and interview locations will be determined at a later date.

Governor Strickland has selected the following individuals to serve on the regional panel for the current Mahoning County vacancy:
Miriam Ocasio, attorney, solo practitioner.

Joseph Caruso, executive director, Burdman Group, Inc.

Ed Reese, owner, EDM Management

Jaladah Aslam, staff representative, AFSCME Ohio Council 8

Richard White, attorney, White and Briach law firm.

James Burgham, business manager, IBEW Local 64

At-Large Panel Members:

Janet E. Jackson (chair), president and CEO of United Way of Central Ohio

Meg Flack, board member of the Ohio League of Women Voters

Doloris Learmonth, managing partner at Peck Shaffer and Williams LLP in Cincinnati

Joy Malek Oldfield, partner at Hill Hardman Oldfield, LLC, in Akron

Charles “Rocky” Saxbe, former state representative, currently a senior partner in the Columbus law firm of Chester, Wilcox and Saxbe, LLP
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7.25.07 - Judicial Panel Accepting Applications to Fill Vacancy on Lawrence County Court
Columbus, Ohio – The Ohio Judicial Appointments Recommendation Panel is currently accepting applications to fill a vacant seat on the Lawrence County Court of Common Pleas, General and Domestic Relations Division , due to the passing of Judge Frank McCown.

Applicants for the Court of Common Pleas position must be a resident and registered elector of Lawrence County and not yet 70 years old on the day they begin their duties, as dictated by Ohio law. In addition, they must be admitted to practice law in Ohio and have maintained their legal license for six years prior to assuming the judicial post or served as a judge of a court of record in any jurisdiction in the United States.

The term of the Lawrence County appointment will extend until January 2, 2009. To continue service in the position, the appointee must run in the November 2008 judicial election.

In the case of all judicial vacancies, applicants must follow the guidelines set forth by the Ohio Judicial Appointments Recommendation Panel to ensure their eligibility for appointment.

Applications must be submitted directly to the judicial panel and will then be distributed to the at-large and regional panel members. Details and the full text of the application procedure are available on the judicial panel’s section of the governor’s Web site, http://www.governor.ohio.gov/.

Requirements for all applicants include submitting a letter of interest, resume, panel questionnaire available here, and no more than six letters of recommendation.

Additional details about OJARP and the application process can be found at http://ojarp.org/.

All materials submitted by applicants for a judicial vacancy will be considered public record under Ohio law. Applicant communication with panel members must be directed to the entire panel; all attempts to contact or influence a panel member are prohibited. Applicant questions and concerns should be addressed to Kent Markus or Jeff Ruppert in the Governor’s Office at (614) 466-3555.

Applications for the Lawrence County appointment must be received by 5 p.m. August 10.

Candidates must be available to interview in person on August 24 in Columbus. Individual candidate times and interview locations will be determined at a later date.

Governor Strickland has selected the following individuals to serve on the regional
panel for the current Lawrence County vacancy:

David McCown, attorney, David McCown Law Firm

Elaine Payne, housing specialist, Ironton-Lawrence County Community Action Organization

Craig Allen, attorney, Allen Law Firm

Bonnie Holmes, registered nurse supervisor, Jo-Lin Health Care

Eric Bradshaw, owner, E. Bradshaw Contractors

Don Simmons, millwright, Ironton Local 1519

At-large panel members:

James Ray (panel chair), retired judge, Lucas County Court of Common Pleas, Juvenile Division

Janica Pierce, attorney, Chester Willcox and Saxbe, LLP

John Kulewicz, attorney, Vorys, Sater, Seymour and Pease, LLP

Betty Davis, president, Community Concepts, Inc.

Isabel Framer, court certified Spanish/English interpreter; chair of the Board of Directors of the National Association of Judicial Interpreters and Translators
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7.20.07 - Governor's Statement on Inspector General Findings Regarding Theft of
Data Device
Columbus, Ohio – Ohio Governor Ted Strickland today responded to the State Inspector General Report of Investigation regarding the circumstances surrounding the theft of a computer back-up device.

“I appreciate the Inspector General’s thorough review of the circumstances surrounding the theft of the state data device. The state is taking every precaution to ensure that this type of incident is prevented from occurring again,” Strickland said. “We are attempting to hold accountable those determined to bear some responsibility for placing the sensitive, personal information of so many Ohioans at risk.”

The Inspector General investigation determined that: “OAKS administrators failed to protect confidential information by authorizing state employees, including college interns, to take backup tapes containing sensitive data to their homes for overnight storage”; “OAKS, OIT (Office of Information Technology) and OBM (Office of Budget and Management) officials failed to report the theft of confidential information to state and law enforcement officials in a timely manner”; and “OAKS administrators failed to protect confidential information by allowing personnel to store sensitive data in an unsecured folder on the OAKS intranet.” The Inspector General found no evidence to suggest state agencies or employees engaged in criminal or illegal behavior surrounding these circumstances.

The full Inspector General report can be found here: www.watchdog.ohio.gov.

Based on the findings, the Inspector General made seven recommendations, listed below. Following each recommendation are the state’s actions in response.

IG Recommendation:

1. OBM, DAS and OIT should take appropriate disciplinary action against individuals responsible for losing the data tape; failing to ensure that Hilliard police were apprised of the potential seriousness of the theft; downplaying the seriousness of the theft to supervisors; and failing to ensure that sensitive information was removed from the OAKS I: drive.

State’s Action:

For the reasons outlined in the report:

A. The Department of Administrative Services has accepted the resignation of OAKS Project Manager David White.

B. The Office of Budget and Management, after asking for his voluntary resignation and being refused, has discharged Intern Jared Ilovar.

C. The Office of Budget and Management has terminated the OAKS consulting contract for Compuware employees Avadhut Kulkarni, immediate supervisor to OAKS interns, and Brian Welch, OAKS assistant program manager.

D. The governor has directed Department of Administrative Services Director Hugh Quill to begin the appropriate classified employee administrative disciplinary review with respect to OAKS Team Leads Phil Rowe and Jerry Miller.

E. The Office of Budget and Management will place an outline of the Inspector General’s report findings concerning former OAKS Technical Manager Carl Miller (retired as of June 1, 2007) in his personnel file.

F. The governor has met, today, with OIT Director Steve Edmonson to express his concern regarding the lack of rapid communication surrounding this incident.

IG Recommendation:

2. OBM, DAS and OIT should conduct an administrative review of all state agencies, boards and commissions to determine whether they have authorized employees to take home backup tapes for storage and, if so, order them to cease.

State’s Action:

The governor called for the cessation of the longstanding practice of sending sensitive data storage devices home with employees after learning of the data device theft on June 14, 2007. The Office of Information Technology has directed all agencies to cease any such conduct.

An administrative review of all state boards and commissions is underway.

IG Recommendation:

3. OBM, DAS and OIT should ensure that all state agencies, boards and commissions utilize a secure method of storage for sensitive computerized data.

State’s Action:

The governor issued an executive order (Executive Order 2007-13S: Improving State Agency Data Privacy and Security) June 15, 2007 requiring all state agencies to utilize a secure method of storage for sensitive computerized data.

The Office of Information Technology is currently ensuring that all agencies, boards and commissions utilize a secure method of storage.

IG Recommendation:

4. OBM, DAS, and OIT should ensure that the OAKS project is brought under the jurisdiction of OIT’s Security Incident Response policy.

State’s Action:

This was accomplished through the governor’s June 15, 2007 executive order (Executive Order 2007-13S: Improving State Agency Data Privacy and Security).

IG Recommendation:

5. OBM, DAS and OIT should ensure that a thorough security analysis of the OAKS project is conducted. We understand that Interhack Corporation is including this analysis in its scope of work. In addition, regular third-party security audits should be conducted to ensure the confidentiality, reliability and integrity of OAKS data. Policy reviews should be included as part of these regular audits.

State’s Action:

The state contracted with a Columbus-based firm, Interhack, dedicated to computer trustworthiness and information protection to conduct an independent, third-party security assessment of OAKS security. This was called for in the governor’s June 15, 2007 executive order (Executive Order 2007-13S: Improving State Agency Data Privacy and Security).

Ohio has conducted regular third-party security audits and will add policy reviews to subsequent audits to ensure the confidentiality, reliability and integrity of OAKS data.

IG Recommendation:

6. OAKS should designate a chief security officer who is responsible for performing data security-related duties. This person, who should not be a contract employee, should be granted authority to make decisions regarding all information-security issues.

State’s Action:

The state will designate a chief security officer for OAKS on or before August 31, 2007.

IG Recommendation:

7. OBM, DAS and OIT should determine whether there is shared liability with contractors assigned to the OAKS project for costs associated with the theft of the tape.

State’s Action:

The state has had initial discussions about the shared responsibilities and costs associated with the theft of the tape with both key contractors, Accenture and Compuware.

It remains unlikely that someone can access the data contained in the device without specialized knowledge and equipment. The State of Ohio has no information to date that the data has been accessed, but continues to encourage everyone to take preventative precautions.

“We have seen no evidence to suggest the data has been compromised,” Strickland said.

A review of the information contained in the stolen data device is ongoing until every piece of sensitive information is identified with the assistance of a data forensic expert.

The Inspector General Report of Investigation concluded with the following:

“If there is a silver lining to be found in this matter, it is that despite the many poor decisions that were made, there appears to be little risk to state employees, taxpayers and vendors. Based on our interviews with data-security experts, the technical complexity of retrieving the data makes the possibility that it will be used for criminal purposes remote.”
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7.18.07 - Governor Urges Congressional Support of SCHIP Legislation
Columbus, Ohio – Governor Ted Strickland today sent the following letter to members of the Ohio Congressional delegation urging their support for the reauthorization of the State Children’s Health Insurance Program (SCHIP).

Following is the text of Governor Strickland’s letter:

July 18, 2007

I write today to urge your support for the reauthorization of the State Children’s Health Insurance Program (SCHIP). The timely passage of legislation to increase funding for children’s health coverage is a top federal priority of my Administration.

Since the creation of SCHIP in 1997, the program has been critical in providing health coverage to Ohio’s children. More than 145,000 children in Ohio currently receive health care services under SCHIP, totaling $290 million per year in combined state and federal investment in the program.

However, without adequate federal funding in the SCHIP reauthorization bill, Ohio will likely experience shortfalls of $6.8 million in federal fiscal year 2008 and $98.6 million in federal fiscal year 2009. Increased federal funding for SCHIP, consistent with the federal budget resolution, will ensure that sufficient SCHIP dollars are available for all eligible children.

The biennial budget recently passed by the Ohio General Assembly included my Administration’s proposal to expand SCHIP coverage to children in families with incomes between 200 percent and 300 percent of the federal poverty level. This expansion is expected to provide health coverage for 20,000 additional Ohio children. Any new SCHIP formula should accommodate this planned expansion.

I have previously joined with other governors and the National Governors Association in calling on Congress to ensure increased funding and greater flexibility for the SCHIP program. These two principles are critical so that states may continue to invest in our children.

Ohio and the federal government must work together to increase children’s health coverage. I look forward to working with you to ensure that the legislation agreed to by Congress is also the best legislation for Ohio’s children.

I am enclosing with this letter additional information regarding Ohio’s SCHIP reauthorization goals.

Sincerely,

Ted Strickland
Governor

cc: Ohio Congressional Delegation


Ohio’s Policy Goals for SCHIP Reauthorization

1. Increase SCHIP Funding

Expanding health care access to Ohio’s uninsured children is one of the top priorities of the Strickland Administration. Ohio urges Congress to update SCHIP funding to help states increase the number of uninsured children who have access to affordable health care. In the face of rising health care costs and the erosion of employer-sponsored health coverage, SCHIP and Medicaid provide health care coverage to nearly one million Ohio children. Currently, 145,000 Ohio children receive their health care services under SCHIP, totaling $290 million per year in state and federal funding. Ohio projects that without increased SCHIP funding, the State will experience a $6.8 million shortfall in federal fiscal year 2008 and a $98.6 million shortfall in federal fiscal year 2009. Based on the State’s most recent projections, Ohio will require $500 million in additional SCHIP funding over the five-year period of the reauthorization.

The Strickland Administration and the Ohio General Assembly recently joined together to expand SCHIP coverage to children in families with incomes between 200 percent and 300 percent of the federal poverty level. Consequently, an increase in federal SCHIP funding is now even more critical for the State.

2. Update the SCHIP Funding Formula

SCHIP funding for states must be adjusted regularly for population growth, changes in utilization, and health care inflation. In addition, the base year for SCHIP funding should be updated. Rebasing and updating to adjust for medical inflation is especially important to states like Ohio that are planning SCHIP expansions to uninsured children in families with incomes above 200 percent of the federal poverty level. Given this planned eligibility expansion, Ohio will be underfunded if federal fiscal year 2007 is used as the SCHIP base year. Thus, the State urges that SCHIP reauthorization legislation update the base funding year to federal fiscal year 2008 and that the state funding formula be indexed for health care inflation and population growth.

3. Maintain State Flexibility

The ability of the states to develop flexible and unique mechanisms to provide health care to uninsured children is critical. The Strickland Administration supports the SCHIP policy position of the National Governor’s Association (NGA), which emphasizes “adequate, predictable funding, enhanced state match rate and state flexibility.” Furthermore, Ohio supports the right of each state to choose its own target population and to receive incentives to expand and improve SCHIP. These options are particularly important to Ohio since the State has chosen to implement SCHIP as an extension of its existing Medicaid program.

Ohio advocates retaining the flexibility in current law allowing for ‘secretary-approved coverage’ that maximizes the flexibility of states to expand and shape programs based on their unique needs. A flexible administrative framework should include state options without having to request waivers. Such flexibility is critical to Ohio as the Strickland Administration works with the Centers for Medicare and Medicaid Services (CMS) on the greater Turnaround Ohio health care strategy.

Ohio is very concerned about legislative proposals that would mandate enrollment thresholds before states may use their SCHIP flexibility. For example, some proposals would require states to achieve a minimum enrollment threshold (or “penetration rate”) before using SCHIP funds to serve uninsured children with incomes greater than 200 percent of the federal poverty level. If enacted, this requirement could devastate the health care expansions for children just enacted in Ohio’s 2008-2009 biennial budget.

Finally, Ohio advocates for a three-year period within which states may expend their SCHIP allocations. This time period will allow time for states proposing SCHIP expansion strategies not to be penalized in out-years while enrollment is ramping up initially. The three-year period will also provide for a smoothing effect if a state has lower than expected spending in the first or second years and then experiences an unforeseen spike in expenditures in the third year.

4. Maintain State Accountability and Quality Assurance

Flexibility for states should be paired with accountability and investing in what matters. The Strickland Administration is built on these principles, which are also reflected in several of the SCHIP proposals currently being debated. Whatever the final vehicle, the SCHIP reauthorization should not hamstring states with federal requirements that add burden without value. Ohio urges a movement away from complex administration and detailed reporting requirements and toward quality and accountability measures in terms of improved health care outcomes for children.

Additionally, states should be rewarded for achieving performance-based measures of increased enrollment and quality improvements. Ohio favors the optional use of an “express lane” configuration to speed eligibility determination and enrollment while providing states with incentives for achieving or exceeding enrollment thresholds.
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7.17.07 - Governor Signs Executive Order to Establish Collective Bargaining for
Home Health Care Workers
Columbus, Ohio – Ohio Governor Ted Strickland today signed an executive order that takes the next step toward ensuring a balanced long-term care system in Ohio by establishing collective bargaining rights for independent home health care workers.

“Establishing collective bargaining rights for independent home health care workers will ensure that, as we expand choices for Ohio's seniors and disabled citizens, we have a qualified workforce to support their long-term care needs,” Strickland said. “My administration is committed to ensuring quality all along the continuum of care.”

The executive order gives approximately 7,000 independent home health care workers in Ohio the opportunity to select a bargaining representative. Establishing collective bargaining rights will improve access to proper training and effective representation when negotiating for work-related benefits, and provide a method for voicing work-related concerns.

“Providing home health care workers with the same opportunity as their counterparts in nursing home facilities to voice concerns and negotiate rates and benefits will further professionalize this vital part of Ohio’s growing health care workforce,” said Strickland.

In the state budget bill, HB 119, Strickland established a working group to review ways to improve the continuum of care by providing consumers of long-term care with a host of options throughout every stage in life. Developing a unified long-term care strategy will improve the state’s ability to target resources in the most efficient and cost-effective way, providing older Ohioans with more choices and saving taxpayer dollars in the long run.

The home health care workers referred to in the order are not state employees or providers employed by home health care agencies. As independent contractors, they provide ongoing Medicaid-reimbursed, direct-care services administered by the departments of Aging, Job and Family Services and Mental Retardation and Developmental Disabilities.

In addition to the independent home health care providers defined in the executive order, Strickland intends to sign a similar order in the future establishing collective bargaining rights for child care providers.

“By supporting the providers of care we are promoting a higher quality of care for consumers. It’s not only the right thing to do, but it may be more cost-effective in the long run because consumers of home health care spend more time in their own homes and less time in nursing homes,” said Strickland.

The full text of the governor’s executive order follows:

Executive Order 2007 – 23S
Establishing Collective Bargaining for Home Health Care Workers


1. The Role of Independent Home Care Providers. Independent Home Care Providers (IHCPs), such as Nurses and Direct Care Professionals, offer an invaluable service to Ohio’s elderly and to those with disabilities. By providing ongoing in-home personal and health care services, IHCPs allow these Ohioans to become a more integrated part of the communities in which they live by maximizing their independence, which is often less costly than institutional care.

2. IHCPs Should Have An Opportunity For Bargaining Representation, Just As Those Who Provide Institutional Care Do. In order to ensure that the quality of services provided to in-home health care recipients remains constant, IHCPs should have access to proper training and to effective representation when negotiating for work-related benefits.

3. IHCPs Have No Adequate Method for Addressing Work-Related Concerns. Currently, IHCPs have no standardized means of communicating their concerns about home care programs, their respective roles within those programs, or the reimbursement rates or benefits for IHCPs.

4. Role of the State in Addressing the Needs of IHCPs. The State has control over certain aspects of the work life of IHCPs, including the means for funding waiver programs administered by the Departments of Aging, Job and Family Services, Mental Retardation and Developmental Disabilities and any executive-level agencies that may be created that offer waiver programs, and the benefits and training available to IHCPs who participate in such programs.

5. Selection of a Bargaining Representative for IHCPs. In order to assist the State in addressing the concerns and interests of IHCPs, the State shall recognize one representative as the exclusive collective bargaining representative for all IHCPs, designated in a manner as follows:

a) IHCPs Defined. For the purposes of this Order, IHCPs are defined as those providers of ongoing Medicaid reimbursed direct care services that are paid for through a Medicaid waiver program in the State of Ohio and not employed by a private agency. In the event that ongoing, long-term personal care services are added as an option to the non-waiver portion of the Ohio Medicaid Program, the State will consider expanding the definition of IHCPs to include those who provide such services.

b) Eligible Voter List. Upon the request of a labor organization, the State shall create a list of eligible voters. The eligible voter list shall be composed of IHCPs who have submitted billings for Medicaid reimbursed services from the most recent three month period available from all relevant departments at the time the petitioner requests the representation election. The list shall include the names and addresses of all eligible voters and shall be provided to the election monitor and any petitioning or intervening labor organization. The eligible voter list shall be valid for ninety (90) days from the issuance of the list for use in determining whether a showing of interest justifying an election has been established and shall constitute the list of eligible voters in any such election.

c) Showing Of Interest Justifying Election. Should a labor organization be able to demonstrate to the satisfaction of an impartial election monitor, by either authorization cards or petition, that thirty (30) percent of IHCPs on the eligible voter list request an election to select that labor organization as their exclusive bargaining representative, the organization seeking representation shall provide a request to the Governor, or his designee, for a secret ballot election. The election monitor shall conduct a representation election if such monitor determines that that the petitioner has established a thirty (30) percent showing of interest. The election monitor shall be from the American Arbitration Association (“AAA”) or other entity mutually agreed upon by the petitioner for the election and the Governor or his designee. The cost of the election process shall be borne equally by the organization seeking representation and any intervening labor organizations. The election may be conducted by mail and shall commence thirty (30) days from the date the election monitor determines a showing of interest.

d) Election Interveners. Subsequent to a valid election request, but not later than ten (10) days prior to an election, any non-petitioning labor organization can submit to the election monitor a request to participate in the representation election, provided that it can demonstrate to the satisfaction of the election monitor that at least ten (10) percent of eligible voters wish to be represented by such labor organization.

e) Majority Vote Required. In order for any labor organization to be recognized as the exclusive bargaining representative of the IHCPs, the election monitor must certify that a majority of IHCPs voting in the election voted affirmatively for the representation of a specific labor organization. After such results are certified, the State must recognize the labor organization as the exclusive representative of all IHCPs working in the State.

f) Decertification of IHCP Representative. Except as stated below, the IHCPs may not seek a decertification election during the term of any collective bargaining agreement or sooner than 12 months after a representation election has been conducted. Such petition may be filed no sooner than one hundred twenty days, or no later than ninety days, before the expiration of a collective bargaining agreement or after the expiration date until the parties enter into a new collective bargaining agreement. Upon the request of any IHCP, the State shall create a list of eligible decertification voters. The eligible decertification voter list shall be composed of IHCPs who have submitted billings for Medicaid reimbursed services for the most recent three month period available from all relevant departments at the time the petitioner requests the decertification election. The list shall include the names and addresses of all eligible decertification voters and shall be provided to the election monitor. The eligible decertification voter list shall be valid for ninety (90) days from the issuance of the list for use in determining whether a showing of interest justifying a decertification election has been established and shall constitute the list of eligible voters in any such election.

g) Showing Of Interest Justifying a Decertification Election. Should any IHCP show by petition that fifty (50) percent of IHCPs on the eligible decertification voter list request a decertification, the petitioning individual shall provide such petition to the Governor, or his designee, for a secret ballot decertification election. The petition must contain a statement that the incumbent bargaining representative is no longer the representative of a majority of the eligible decertification voters. An impartial election monitor shall conduct a decertification election if the monitor determines that that petitioner has established a fifty (50) percent showing of interest. The election monitor shall be from the American Arbitration Association (“AAA”) or other entity mutually agreed upon by the petitioner for the election and the Governor or his designee. The cost of the election process shall be borne by the State. The election may be conducted by mail and shall commence thirty (30) days from the date the election monitor determines a required showing of interest.

h) Majority Decertification Vote Required. In order for any labor organization to be decertified as the exclusive bargaining representative of the IHCPs, the election monitor must certify that a majority of IHCPs voting in the election voted affirmatively to decertify the incumbent exclusive bargaining representative for the IHCPs. After such results are certified, the State will no longer recognize the incumbent exclusive bargaining representative.


6. Bargaining with IHCPs. Although IHCPs are not State employees, the State, acting through the Office of the Governor or his designee, shall engage in collective bargaining with the elected representative of the IHCPs regarding reimbursement rates, benefits, and other terms. Bargaining shall begin within ninety (90) calendar days after the certification of an exclusive representative of the IHCPs.

7. The Parties Will Work Jointly to Obtain Necessary Legislative Changes. In the event that an agreement is reached, it shall be embodied in writing and shall be binding on the State of Ohio, except the terms contingent upon the successful completion of such state and federal regulatory or legislative action as may be required to implement the terms of the agreement. If any provisions of the agreement require legislative action, rule-making, or the appropriation of funds, the parties will jointly seek the enactment of such legislative action. Bargaining about items that require the appropriation of funds must reach some resolution prior to July 1st of any even-numbered year so that they may be included in the proposed Executive budget.

8. The Relationship Between Provider and Consumer Will Not Change. This Order in no way alters the unique relationship between IHCPs and in-home health care recipients. The recipient retains the absolute right to choose IHCPs and to control the hiring, termination, and in-home supervision of IHCPs. However, the State retains its responsibilities under Ohio law and administrative regulations to take appropriate action when an IHCP fails to behave in a manner consistent with his or her provider agreement.

9. Procedure if the Parties Reach Impasse During Negotiations. Nothing in this Order shall permit IHCPs to engage in any strike or collective cessation of the delivery of services. If the parties reach impasse during negotiations, they shall employ the services of a third-party neutral who will make a non-binding recommendation as to contract provisions. If the services of a third-party neutral are necessary, any costs shall be borne equally by the parties.

10. The State Action Exemption Applies for the Purpose of Antitrust Laws. In according the IHCPs the right to act through an exclusive representative and to seek an agreement with the State according to the terms of this Order, the State intends that the “State action exemption” to application of the federal and state antitrust laws be fully available to the State, IHCPs, and their elected representative to the extent that their activities are authorized pursuant to this Executive Order.

11. The Order is Non-Severable. Should any part of this Order be declared to be invalid or unenforceable, or should the enforcement of or compliance with any part of this Order be suspended, restrained or barred, by the final judgment of a court of competent jurisdiction, the remainder of this Order shall be void.

12. I signed this Executive Order on July 17, 2007 in Columbus, Ohio and it will not expire unless it is rescinded.

____________________________
Ted Strickland, Governor

ATTEST:
____________________________________
Jennifer Brunner, Secretary of State

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7.13.07 - Governor Orders Flags Lowered to Half-Staff
Columbus, OH– Ohio Governor Ted Strickland today issued the following statement and proclamation in observance of the life of Lady Bird Johnson:

“Frances and I join people around Ohio in mourning the loss of Lady Bird Johnson,” Strickland said. “First Lady Johnson showed an unwavering commitment and enthusiasm for serving our country and its people. Americans will remember her honorable life and work for generations to come."

President George W. Bush has also ordered the U.S. Flag lowered in honor of Lady Bird Johnson on Sunday, July 15.

A Proclamation by the Governor of Ohio

In observance of the life of Claudia “Lady Bird” Taylor Johnson, I hereby order, by the authority vested in me by the Ohio Constitution, that the flag of the State of Ohio shall be flown at half-staff upon all public buildings and grounds of the State of Ohio from sunrise until sunset on the date of her interment, Sunday July 15, 2007.

ON THIS THIRTEENTH DAY OF JULY TWO THOUSAND SEVEN

Ted Strickland
Governor
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7.13.07 - Governor Announces New Regulatory Policy for Coastal Land Management
Columbus, Ohio – Governor Ted Strickland announced today plans to implement a new regulatory policy regarding the ownership and management of property along Lake Erie coastal lands.

“Under this new policy, the state will honor the valid deeds of local property owners along the coast of Lake Erie,” Strickland said. “I believe this policy ensures protection of our important natural resources without compromising the rights of landowners.”

The New Regulatory Policy Follows:

New Regulatory Policy Regarding Coastal Land Management

The State of Ohio, the Ohio Department of Natural Resources (“ODNR”), and its Director, Sean Logan, are defendants in a lawsuit filed in May of 2004 in the Lake County Court of Common Pleas regarding the ownership and management of property along the shores of Lake Erie. Since the inception of the case, the State and ODNR have argued that the lands along the shores of Lake Erie up to the “Ordinary High Water Mark” (OHWM) are lands held in trust by the State of Ohio on behalf of its people. Property owners along the lake, on the other hand, have insisted that their deeds demonstrating property ownership below the OHWM are valid and must be honored and that the State’s “public trust lands” position interferes with their private use of land that they own. As he has consistently stated for more than a year, Governor Strickland believes that apparently valid real property deeds must be honored unless a court of law determines that the deeds are limited by or subject to the public’s interest in those lands or are otherwise defective and/or unenforceable.

The Governor and ODNR recognize that there are arguable legal claims that some of the deeds have specific defects and that deeds purporting to cover lands below the OHWM may ultimately be found by the Ohio courts to be subordinate to the public’s interest in those lands. Still, without such a determination by the Ohio courts, ODNR believes that it must honor those deeds.

The Governor and ODNR also recognize that they have a solemn duty to manage coastal lands in a manner that protects the important resource that Lake Erie represents. In that regard, ODNR has begun the planning necessary to implement the following new regulatory policies:

1.) Property owners who wish to build structures along the shores of Lake Erie that could or would impact coastal lands will no longer be required to obtain leases for the lands within their deeds which are beneath such structures, but will be obligated to obtain appropriate permits from ODNR’s Office of Coastal Management before commencing any such construction.

Much like local zoning laws which require homeowners to obtain permits from local officials before building a fence or garage on their own property, this requirement, utilizing the State’s existing coastal management authority under Ohio law and the Ohio Administrative Code, will assure that coastal land management interests are not compromised by the construction of unauthorized break walls, docks or other structures.

2.) Consistent with the Governor’s view that deeds should be honored unless they are found to be limited and/or unenforceable by a court of law, ODNR has determined that it is inappropriate to require deed holders to lease land that they maintain that they own.

Still, because some land owners would prefer to voluntarily obtain a lease for the property on which they intend to build permitted structures, ODNR will continue to make leases voluntarily available. This will accommodate those landowners wishing to hold an unchallenged, leasehold property interest in the lands beneath their permitted structures.

The Attorney General’s office has appointed outside counsel to represent ODNR and Director Logan in the ongoing litigation, and that outside counsel will immediately make the above positions known to the Court in the pending Lake County case. The Attorney General, in his role as counsel to the State of Ohio, has informed the Governor that his office will continue to pursue its current position in support of the public trust lands doctrine.
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7.12.07 - Governor's Statement on Selection of Gee as OSU President
Columbus, Ohio – Ohio Governor Ted Strickland today issued the following statement regarding The Ohio State University’s selection of E. Gordon Gee as University President:

“Dr. Gee is one of the most respected and accomplished university presidents in the nation. We welcome him back to Ohio with a renewed commitment to higher education and an understanding that our economic advancement is linked to our educational achievement. The Ohio State University is an integral part of our efforts to build a world-class higher education system in Ohio. I look forward to working with Dr. Gee as a strong partner in those efforts.”
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7.11.07 - State Data Review Update
Columbus, Ohio – Ohio Governor Ted Strickland today announced the state has determined that additional information is contained on the computer back-up device stolen last month.

“As we have continued our review we have found sensitive data for additional individuals, former state employees and vendors was contained on the stolen computer device,” Strickland said. “All those included in this most recent announcement will be contacted by mail, but individuals can also search for their name on our website or telephone our call center today for that information.”

The most up-to-date information and searchable database of individuals with sensitive data on the device can be found at www.ohio.gov/idprotect. Those without internet access can call 1-800-267-4474 for the same information. To date, the state call center has taken over 19,000 calls.

While the state continues to believe it is highly unlikely that the information contained in the stolen device has been accessed, individuals affected by this latest announcement will be offered services from Debix. Approximately 58,391 individuals have enrolled for Debix services under the state of Ohio account.

Among the newly confirmed data on the device:

1. The Names and Social Security Numbers of Approximately 576,000 Individuals.

The file contains the names, Social Security numbers and check amounts of approximately 561,126 additional taxpayers with uncashed state personal income tax refund checks (and/or school district income tax refund checks) issued in 2005, 2006 and through May 29, 2007. This includes checks that were cashed after May 29, 2007.

Approximately 14,874 individuals in this group have had business with the state, but because of the complexity of the files the state cannot yet determine exact sources of all this data. Some files include data from the Ohio Department of Commerce and the Ohio Lottery. Of the 14,874 individuals, bank account information was included for 3,471 of those individuals.

2. The Names and Social Security Numbers of Approximately 8,123 Former State Employees


The names and Social Security numbers for approximately 8,123 former state employees who worked for the state from January 1, 1999 - July 31, 2001 and May 1, 2005 - June 12, 2007. Bank account information was included for approximately 2,073 of those former state employees.

3. The Names and Tax Identification Numbers of Approximately 86,986 Vendors

Approximately 10,840 of the 86,986 vendors on the device also included bank account information.

Additionally, the Ohio State Highway Patrol has made a P.O. Box available for any person to anonymously mail information related to the theft of the device, or the device itself:

P.O. Box 361901
Columbus, Ohio 43236


The Highway Patrol has also established a tip line to report any information on the location of the device or suspect information: 1-877-OHSINTEL or 614-799-3555.
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7.10.07 - Strickland To Sign Eminent Domain, Safety, Natural Resources and
Commerce Legislation Today
Columbus, Ohio – Ohio Governor Ted Strickland today will sign the following bills:

Eminent Domain
Senate Bill 7


State Senator Timothy Grendell sponsored Senate Bill 7, which further defines Ohio's eminent domain laws. Drawing upon the recommendations of the Eminent Domain Task Force, SB 7 addresses restrictions on the use of eminent domain for private economic development purposes in the wake of recent court decisions. It provides new definitions of blight, standardizes provisions for public notice and exchange of information on land values and establishes protocols for court awards. This bill will provide greater transparency and accountability for public agencies that have the right of eminent domain, striking a balance between the strong sentiments of property rights advocates and the need for government to acquire private property for legitimate public use. Legislation sponsored by state Representative Bob Gibbs (House Bill 5) contributed to SB 7.

Public Safety
Senate Bill 18


State Senator Patricia Clancy sponsored Senate Bill 18 that prohibits individuals from sealing their criminal records if convicted of importuning, or if convicted of the underlying offenses of voyeurism, public indecency, compelling prostitution, promoting prostitution, procuring, disseminating matter harmful to juveniles, displaying matter harmful to juveniles, pandering obscenity, or deception to obtain matter harmful to juveniles when the victim is under the age of 18.

Natural Resources
Senate Bill 77


State Senator Timothy Grendell sponsored Senate Bill 77 that revises the rules and regulations of the commercial fishing industry while increasing penalties for violations of certain statutes.

Commerce
Senate Bill 102


State Senator Robert Schuler sponsored Senate Bill 102 that creates a short-term liquor permit to be used by non-profit organizations on publicly owned property in certain counties and lowers the population cap giving the Division of Liquor Control the ability to open new state liquor agency stores.
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7.2.07 - National Governors Association Awards Ohio $500,000 for STEM Initiatives
Columbus, Ohio – Governor Ted Strickland announced today that Ohio has been selected as a recipient of a $500,000 grant from the National Governors Association to fund science, technology, engineering and math education initiatives in Ohio.

“This crucial investment will help us invest in the education of Ohio's young people and help make us more competitive economically,” Strickland said. “Specifically, the National Governors Association grant will help establish a stronger Science Technology Engineering and Math (STEM) component in our education system and help give Ohio students a solid foundation so they are more prepared for the same field of study in college.”

The $500,000 grant will be used over two years to support a STEM network that will align Ohio’s various STEM initiatives and develop a more comprehensive agenda for the state.

The Ohio grant will advance the state’s vision to help all students become STEM literate, encourage students to achieve greater creativity and the ability to apply their STEM knowledge in various settings as well as nurture partnerships between education and the business sector to improve students’ career opportunities.

To achieve these goals, the state will establish a statewide network of regional STEM Centers, beginning with a “proof-of-concept” integrated STEM Center in the Dayton area. This center will enhance the research, economical development and employment prospects within two economic clusters.

The regional STEM centers will use STEM fellows -- experts from P-12 education, higher education, business/industry and research -- to work in teams to align P-12 STEM standards with the expectations of college and work, conduct professional development and mentoring for STEM educators, conduct a STEM Leadership Workshop for school leaders and superintendents, and identify internship and externship experiences for teachers and students. Over time, the initial group of STEM fellows will train the next group, which will continue to expand the capacity for STEM education throughout the region and state.

The Dayton region was chosen for its demonstrated success in public/private partnerships, its tie to industry clusters critical to Ohio and the existing educational assets within the region.

Five interrelated core objectives will be the foundation of the state’s STEM agenda. These objectives include developing and sustaining public-private partnerships to redesign Ohio’s P-16 STEM education system, aligning P-12 STEM education requirements and achievement with postsecondary and workforce expectations for such disciplines, seeking innovative new standards and curricula across STEM education, improving the quality of STEM educators and benchmarking the state's STEM performance to top-performing nations in STEM achievement.
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