Frequently Asked Questions
Question 1: What laws or rules govern this process?
Answer: Chapter 119 of the Cincinnati Municipal Code governs the disclosure of “Financially Interested Persons.” The City Manager’s Procedures, Rules, and Regulations for the Implementation of Chapter 119 of the Cincinnati Municipal Code provide more specific guidelines. The Applicant's Guide to City Business provides an additional road map.
Question 2: Am I required to complete the City Business Disclosure Form?
Answer: Yes, if you are submitting an application or request for “City Business” as defined by CMC Section 119-1-C2 and explained by City Business List Rule 3. Please review Questions 4 and 5 for additional guidance.
Question 3: What information am I required to disclose?
Answer: The “Financially Interested Persons” as defined by CMC Section 119-1-F and explained by City Business List Rule 4. Also, their addresses and their contact information. Please review Questions 6, 7, and 8 for additional guidance.
Question 4: What is “City Business” in this context?
Answer: “City Business” includes:
a. Development incentives, in the form of a loan or grant of City funds or a tax incentive with an estimated potential value of $100,000 or more per year;
b. Sales of City property with an estimated fair market value of $200,000 or more, which shall include certain leases of City property which are for a term of 99 years, renewable forever; or
c. Zoning changes, which shall include zoning text or map amendments, and any items that are required by Charter or the CMC to go before the City Planning Commission for a recommendation and then to City Council for a final action.
Question 5: What is NOT “City Business” in this context?
Answer: “City Business” does not include:
- Informal fact-finding inquiries, requests for appraisals, requests for coordinated reports, participation in the coordinated site review process, requests for zoning opinions, or other preliminary discussions with City officials in anticipation of making an official request or application for City Business.
- Applications submitted to the Office of Administrative Boards, the Zoning Hearing Examiner, or the Historic Conservation Board, provided these zoning related actions do not require City Council approval.
- Requests or applications where no project-specific City Council approval is required for the City Administration to proceed. For example, the City Administration has sole authority to review proposals and award funding under the NOFA program without a project-specific approval by City Council.
Question 6: What is a “Financially Interested Person” in this context?
Answer: It depends whether the applicant is an individual or an entity:
- If the applicant for City Business is an individual, it means the applicant, the applicant’s spouse and dependent children.
- If the applicant for City Business is an entity, such as a limited liability company, corporation, partnership, trust, or unincorporated association, it means:
- The entity itself;
- The owners, members, or partners of such entity and their spouses and dependent children, provided that such owner, member, or partner owners or controls twenty percent or more of the entity; and
- The directors and principal officers of such entity and their spouses.
Question 7: Do I need to disclose a “Financially Interested Person” if they don’t have an actual financial interest in my City Business?
Answer: Yes. The purpose of these disclosures is to identify potential conflicts of interest and improper sources of campaign contributions. A person doesn’t need to have an actual financial interest in your City Business in order to create a potential Ethics issue.
Question 8: Do I have to disclose a “Financially Interested Person” if they are a dependent child?
Answer: If the applicant for City Business is an entity, and the owners, members, or partners of such entity own or control twenty percent or more of their entity, their dependent children must be disclosed. The purpose of this disclosure is to ascertain if any campaign contributions have been made in the dependent child’s name.
Question 9: Will the City publish the names of dependent children?
Answer: No. The City Manager’s Procedures, Rules, and Regulations for the Implementation of Chapter 119 allow for the redaction of dependent children from the online City Business List and Temporary Prohibition List.
Question 10: What if an entity is owned by another entity?
Answer: The definition of “owner” for determining a “Financially Interested Person” under CMC Section 119-1-F(b)(2) includes a natural person or entity that owns or controls twenty percent or more of the applying entity (each such natural person or entity is, for purposes of these rules, a “secondary owner”). As such, the applicant must submit “Financially Interested Persons” associated with secondary owners as well as for the primary ownership entity.
Question 11: Are government entities required to complete the City Business Disclosure Form?
Answer: Yes, if the application or request otherwise qualifies as City Business. However, a government entity that applies for City Business is only required to disclose the name of the government agency as the “Financially Interested Person.” There is no need to disclose the elected officials or officials of the agency.
Question 12: Are non-profit entities required to complete the City Business Disclosure Form?
Answer: Yes, if the application or request otherwise qualifies as City Business. However, a non-profit entity that applies for City Business is only required to disclose the entity’s directors and principal officers and their spouses. There is no need to disclose the uncompensated non-profit board members.
Question 13: Why do I need to complete the City Business Disclosure Form?
Answer: It’s the law. Chapter 119 of the Cincinnati Municipal Code requires applicants for certain “City Business” to disclose their “Financially Interested Persons.” This information is used to publish the “City Business List” and the “Temporary Prohibition List.” The goal is to promote transparency and avoid conflicts of interest in City Business dealings.
Question 14: What happens if I don’t complete the City Business Disclosure Form?
Answer: The City Planning Commission, the Department of Community & Economic Development, or the Real Estate Division of the Law Department may decide that your application is incomplete. Thereupon, your City Business might not be considered by City Council.
Question 15: What happens if I don’t disclose all of the required information on the City Business Disclosure Form?
Answer: The Office of Ethics & Good Government is required to assess the completeness and veracity of the required disclosures. That Office will follow up with Applicants that may have omitted required information and offer the opportunity to make amendments. The failure to furnish accurate, truthful, and complete information may result in a civil fine.
Question 16: What is the City Business List?
Answer: The City Business List is a publicly available compilation of “Financially Interested Persons” associated with development incentives valued at $100,000 or more per year, the purchase or lease of City property valued at $200,000 or more, or zoning changes. This list is maintained by the Office of Ethics & Good Government.
Question 17: What is the Temporary Prohibition List?
Answer: The Temporary Prohibition List is a publicly available compilation of “Financially Interested Persons” associated with any ordinance that is actively being reviewed by City Council. This list is also maintained by the Office of Ethics & Good Government.
Question 18: What’s the difference between the City Business List and the Temporary Prohibition List?
Answer: The City Business List is compiled as “Financially Interested Persons” submit applications and requests. The Temporary Prohibition List is compiled as matters are referred to City Council for consideration. Notably, City of Cincinnati Elected Officials cannot accept campaign contributions from “Financially Interested Persons” on the Temporary Prohibition List.
Question 19: Will people on the City Business List be notified of their status?
Answer: Yes. The Office of Ethics and Good Government will notify all “Financially Interested Persons” who have been added to the City Business List. The notification will include an explanation of the City Business List and the Temporary Prohibition List. It will also include how to check your status on the list. Notices will be sent via electronic mail, unless there is no electronic mail address provided, then notice will be sent by regular mail to the address on the disclosure form.
Question 20: What are my obligations if my name appears on the City Business List and/or the Temporary Prohibition List?
Answer: None. Chapter 119 does not impose any additional obligations on “Financially Interested Persons” that appear on the City Business List or the Temporary Prohibition List. The purpose of these lists is to promote transparency, identify conflicts of interest, and prevent improper campaign contributions.
Question 21: What if the “Financially Interested Persons” change throughout the process?
Answer: Applicants for City Business are required to update their initial disclosures with the Office of Ethics and Good Government if additional “Financially Interested Persons” become known prior to and during the Legislative Review period (while a matter is being considered by City Council). Applicants can email Ethics@cincinnati-oh.gov or submit a new online City Business Disclosure Form.
Question 22: When will my name be removed from the Temporary Prohibition List?
Answer: “Financially Interested Persons” will be removed from the Temporary Prohibition List after a matter is no longer being considered by City Council. This may occur because of a final Council vote, mayoral veto or veto override, indefinite postponement, or failure of an ordinance to advance beyond Council committee. It might also occur if an ordinance is constructively abandoned because a Council committee has failed to advance it and no subsequent versions thereof are still under consideration by Council or the Council Committee.
Question 23: When will my name be removed from the City Business List?
Answer: “Financially Interested Persons” will be removed from the City Business List 6 months after a matter is no longer being considered by City Council. This may occur because of a final Council vote, mayoral veto or veto override, indefinite postponement, or failure of an ordinance to advance beyond Council committee. It might also occur if an ordinance is constructively abandoned because a Council committee has failed to advance it and no subsequent versions thereof are still under consideration by Council or the Council Committee.
Question 24: What if I contributed to a campaign while my name was on the Temporary Prohibition List?
Answer: The campaign must attempt to refund you the contribution. If you do not accept the refund, the campaign shall dispose of the prohibited contribution by donation to a corporation that is exempt from federal income taxation.
Question 25: What does the Office of Ethics and Good Government do?
Answer: The Office of Ethics and Good Government maintains and publishes the City Business List and Temporary Prohibition List. The Office also accepts disclosures from “Financially Interested Persons” and evaluates the completeness and veracity of the disclosures. The Office may interview “Financially Interested Persons,” including potentially “Financially Interested Persons,” regarding their past or current City Business and their past or current campaign contributions to the elected officials of Cincinnati during this evaluation.
Question 26: Where can I access the online City Business Disclosure Form?
Answer: The online City Business Disclosure Form is available online at: https://www.cincinnati-oh.gov/noncms/egg/city-business-disclosure.
Question 27: Is there a hard copy/paper City Business Disclosure Form?
Answer: Yes. A paper form is available to download and print on the Office of Ethics & Good Government’s website. A paper form is also available at the front desk of 805 Central Avenue, Suite 110, Cincinnati, Ohio 45202.
Question 28: Where can I ask additional questions?
Answer: Please contact the Office of Ethics & Good Government. You can send an email to Ethics@cincinnati-oh.gov or call 513-352-4519.