As Introduced 1 122nd General Assembly 4 Regular Session H. B. No. 269 5 1997-1998 6 REPRESENTATIVES WISE-BATCHELDER 8 10 A B I L L To amend sections 102.02, 3313.02, 3313.04, 3313.11, 12 3313.70, 3315.15, 3316.06, and 3329.08 and to 13 enact sections 3311.71 to 3311.76 of the Revised 14 Code to authorize the mayor of a municipal 15 corporation to appoint a nine-member school board 16 in a municipal school district operating under a 17 federal court order and to permit the voters to 18 decide four or more years later whether or not to 19 continue that method of selecting school board 20 members or to return to an elected board, and to 21 make an appropriation. 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24 Section 1. That sections 102.02, 3313.02, 3313.04, 26 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 be amended and 27 sections 3311.71, 3311.72, 3311.73, 3311.74, 3311.75, and 3311.76 28 of the Revised Code be enacted to read as follows: 29 Sec. 102.02. (A) Except as otherwise provided in division 38 (H) of this section, every person who is elected to or is a 39 candidate for a state, county, or city office, or the office of 40 member of the United States congress, and every person who is 41 appointed to fill a vacancy for an unexpired term in such an 42 elective office; all members of the state board of education; the 44 director, assistant directors, deputy directors, division chiefs, 45 or persons of equivalent rank of any administrative department of 46 the state; the president or other chief administrative officer of 47 every state institution of higher education as defined in section 48 2 3345.031 of the Revised Code; the chief executive officer of each 49 state retirement system; all members of the board of 50 commissioners on grievances and discipline of the supreme court 51 and the ethics commission created under section 102.05 of the 52 Revised Code; every business manager, treasurer, or 53 superintendent of a city, local, exempted village, joint 54 vocational, or cooperative education school district or an 55 educational service center; every person who is elected to or is 56 a candidate for the office of member of a board of education of a 57 city, local, exempted village, joint vocational, or cooperative 58 education school district or of a governing board of an 59 educational service center that has an average daily membership 60 of twelve thousand or more as most recently certified to the 61 state board of education pursuant to division (A) of section 62 3317.03 of the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE 63 BOARD OF EDUCATION OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO 64 DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE; every 65 public official or employee who is paid a salary or wage in 67 accordance with schedule C of section 124.15 or schedule E-2 of 68 section 124.152 of the Revised Code; and every other public 69 official or employee who is designated by the appropriate ethics 70 commission pursuant to division (B) of this section shall file 71 with the appropriate ethics commission on a form prescribed by 72 the commission, a statement disclosing: (1) The name of the person filing the statement and each 74 member of the person's immediate family and all names under which 76 the person or members of the person's immediate family does 77 business; 78 (2)(a) Subject to divisions (A)(2)(b), and (c) of this 80 section and except as otherwise provided in section 102.022 of 81 the Revised Code, identification of every source of income, other 82 than income from a legislative agent identified in division 83 (A)(2)(b) of this section, received during the preceding calendar 84 year, in the person's own name or by any other person for the 86 3 person's use or benefit, by the person filing the statement, and 87 a brief description of the nature of the services for which the 88 income was received. If the person filing the statement is a 89 member of the general assembly, the statement shall identify the 90 amount of every source of income received in accordance with the 91 following ranges of amounts: zero or more but less than one 92 thousand dollars; one thousand dollars or more but less than ten 93 thousand dollars; ten thousand dollars or more but less than 94 twenty-five thousand dollars; twenty-five thousand dollars or 95 more but less than fifty thousand dollars; fifty thousand dollars 96 or more but less than one hundred thousand dollars; and one 97 hundred thousand dollars or more. Division (A)(2)(a) of this 98 section shall not be construed to require a person filing the 99 statement who derives income from a business or profession to 100 disclose the individual items of income that constitute the gross 101 income of that business or profession, except for those 102 individual items of income that are attributable to the person's 103 or, if the income is shared with the person, the partner's, 104 solicitation of services or goods or performance, arrangement, or 105 facilitation of services or provision of goods on behalf of the 106 business or profession of clients, including corporate clients, 107 who are legislative agents as defined in section 101.70 of the 108 Revised Code. A person who files the statement under this 109 section shall disclose the identity of and the amount of income 110 received from a person whom the public official or employee knows 111 or has reason to know is doing or seeking to do business of any 112 kind with the public official's or employee's agency. 113 (b) If the person filing the statement is a member of the 115 general assembly, the statement shall identify every source of 116 income and the amount of that income that was received from a 117 legislative agent, as defined in section 101.70 of the Revised 118 Code, during the preceding calendar year, in the person's own 120 name or by any other person for the person's use or benefit, by 121 the person filing the statement, and a brief description of the 123 4 nature of the services for which the income was received. 124 Division (A)(2)(b) of this section requires the disclosure of 125 clients of attorneys or persons licensed under section 4732.12 of 126 the Revised Code, or patients of persons certified under section 127 4731.14 of the Revised Code if those clients or patients are 128 legislative agents. Division (A)(2)(b) of this section requires 129 a person filing the statement who derives income from a business 130 or profession to disclose those individual items of income that 131 constitute the gross income of that business or profession that 132 are received from legislative agents. 133 (c) Except as otherwise provided in division (A)(2)(c) of 135 this section, division (A)(2)(a) of this section applies to 136 attorneys, physicians, and other persons who engage in the 137 practice of a profession and who, pursuant to a section of the 138 Revised Code, the common law of this state, a code of ethics 139 applicable to the profession, or otherwise, generally are 140 required not to reveal, disclose, or use confidences of clients, 141 patients, or other recipients of professional services except 142 under specified circumstances or generally are required to 143 maintain those types of confidences as privileged communications 144 except under specified circumstances. Division (A)(2)(a) of this 145 section does not require an attorney, physician, or other 146 professional subject to a confidentiality requirement as 147 described in division (A)(2)(c) of this section to disclose the 148 name, other identity, or address of a client, patient, or other 149 recipient of professional services if the disclosure would 150 threaten the client, patient, or other recipient of professional 151 services, would reveal details of the subject matter for which 152 legal, medical, or professional advice or other services were 153 sought, or would reveal an otherwise privileged communication 154 involving the client, patient, or other recipient of professional 155 services. Division (A)(2)(a) of this section does not require an 156 attorney, physician, or other professional subject to a 157 confidentiality requirement as described in division (A)(2)(c) of 158 5 this section to disclose in the brief description of the nature 159 of services required by division (A)(2)(a) of this section any 160 information pertaining to specific professional services rendered 161 for a client, patient, or other recipient of professional 162 services that would reveal details of the subject matter for 163 which legal, medical, or professional advice was sought or would 164 reveal an otherwise privileged communication involving the 165 client, patient, or other recipient of professional services. 166 (3) The name of every corporation on file with the 168 secretary of state that is incorporated in Ohio or holds a 169 certificate of compliance authorizing it to do business in this 170 state, trust, business trust, partnership, or association that 171 transacts business in Ohio in which the person filing the 172 statement or any other person for the person's use and benefit 174 had during the preceding calendar year an investment of over one 175 thousand dollars at fair market value as of the thirty-first day 176 of December of the preceding calendar year, or the date of 177 disposition, whichever is earlier, or in which the person holds 178 any office or has a fiduciary relationship, and a description of 179 the nature of the investment, office, or relationship. This 180 division does not require disclosure of the name of any bank, 181 savings and loan association, credit union, or building and loan 182 association with which the person filing the statement has a 183 deposit or a withdrawable share account. 184 (4) All fee simple and leasehold interests to which the 186 person filing the statement holds legal title to or a beneficial 187 interest in real property located within the state, excluding the 188 person's residence and property used primarily for personal 189 recreation; 190 (5) The names of all persons residing or transacting 192 business in the state to whom the person filing the statement 193 owes, in the person's own name or in the name of any other 194 person, more than one thousand dollars. This division shall not 196 be construed to require the disclosure of debts owed by the 197 6 person resulting from the ordinary conduct of a business or 198 profession or debts on the person's residence or real property 199 used primarily for personal recreation, except that the 200 superintendent of financial institutions shall disclose the names 202 of all state-chartered savings and loan associations and of all 204 service corporations subject to regulation under division (E)(2) 205 of section 1151.34 of the Revised Code to whom the superintendent 206 in the superintendent's own name or in the name of any other 207 person owes any money, and that the superintendent and any deputy 209 superintendent of banks shall disclose the names of all 210 state-chartered banks and all bank subsidiary corporations 211 subject to regulation under section 1109.44 of the Revised Code 212 to whom the superintendent or deputy superintendent owes any 213 money. (6) The names of all persons residing or transacting 215 business in the state, other than a depository excluded under 216 division (A)(3) of this section, who owes more than one thousand 217 dollars to the person filing the statement, either in the 218 person's own name or to any person for the person's use or 220 benefit. This division shall not be construed to require the 222 disclosure of clients of attorneys or persons licensed under 223 section 4732.12 or 4732.15 of the Revised Code, or patients of 224 persons certified under section 4731.14 of the Revised Code, nor 225 the disclosure of debts owed to the person resulting from the 226 ordinary conduct of a business or profession. 227 (7) Except as otherwise provided in section 102.022 of the 229 Revised Code, the source of each gift of over seventy-five 230 dollars, or of each gift of over twenty-five dollars received by 231 a member of the general assembly from a legislative agent, 232 received by the person in the person's own name or by any other 234 person for the person's use or benefit during the preceding 235 calendar year, except gifts received by will or by virtue of 237 section 2105.06 of the Revised Code, or received from spouses, 238 parents, grandparents, children, grandchildren, siblings, 239 7 nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 240 sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 241 any person to whom the person filing the statement stands in loco 242 parentis, or received by way of distribution from any inter vivos 243 or testamentary trust established by a spouse or by an ancestor; 244 (8) Except as otherwise provided in section 102.022 of the 246 Revised Code, identification of the source and amount of every 247 payment of expenses incurred for travel to destinations inside or 248 outside this state that is received by the person in the person's 250 own name or by any other person for the person's use or benefit 251 and that is incurred in connection with the person's official 253 duties except for expenses for travel to meetings or conventions 254 of a national or state organization to which either house of the 255 general assembly, any legislative agency, a state institution of 256 higher education as defined in section 3345.031 of the Revised 257 Code, any other state agency, or any political subdivision or any 258 office or agency of a political subdivision pays membership dues. 259 (9) Except as otherwise provided in section 102.022 of the 261 Revised Code, identification of the source of payment of expenses 262 for meals and other food and beverages, other than for meals and 263 other food and beverages provided at a meeting at which the 264 person participated in a panel, seminar, or speaking engagement 265 or at a meeting or convention of a national or state organization 266 to which either house of the general assembly, any legislative 267 agency, a state institution of higher education as defined in 268 section 3345.031 of the Revised Code, any other state agency, or 269 any political subdivision or any office or agency of a political 270 subdivision pays membership dues, that are incurred in connection 271 with the person's official duties and that exceed one hundred 272 dollars aggregated per calendar year; 273 (10) If the financial disclosure statement is filed by a 275 public official or employee described in division (B)(2) of 276 section 101.73 of the Revised Code or division (B)(2) of section 277 121.63 of the Revised Code who receives a statement from a 278 8 legislative agent, executive agency lobbyist, or employer that 279 contains the information described in division (F)(2) of section 280 101.73 of the Revised Code or division (G)(2) of section 121.63 281 of the Revised Code, all of the nondisputed information contained 282 in the statement delivered to that public official or employee by 283 the legislative agent, executive agency lobbyist, or employer 284 under division (F)(2) of section 101.73 or (G)(2) of section 285 121.63 of the Revised Code. As used in division (A)(10) of this 286 section, "legislative agent," "executive agency lobbyist," and 287 "employer" have the same meanings as in sections 101.70 and 288 121.60 of the Revised Code. 289 A person may file a statement required by this section in 291 person or by mail. A person who is a candidate for elective 292 office shall file the statement no later than the thirtieth day 294 before the primary, special, or general election at which such 295 candidacy is to be voted on, whichever election occurs sooner, 296 except a person who is a write-in candidate shall file the 297 statement no later than the twentieth day before the earliest 298 election at which the person's candidacy is to be voted on. A 300 person who holds elective office shall file the statement on or 301 before the fifteenth day of April of each year, unless the person 303 is a candidate for office. A person who is appointed to fill a 305 vacancy for an unexpired term in an elective office shall file 306 the statement within fifteen days after the person qualifies for 308 office. Other persons shall file an annual statement on or 310 before the fifteenth day of April or, if appointed or employed 311 after that date, within ninety days after appointment or 312 employment. No person shall be required to file with the 313 appropriate ethics commission more than one statement or pay more 314 than one filing fee for any one calendar year. 315 The appropriate ethics commission, for good cause, may 317 extend for a reasonable time the deadline for filing a disclosure 318 statement under this section. 319 A statement filed under this section is subject to public 321 9 inspection at locations designated by the appropriate ethics 322 commission except as otherwise provided in this section. 323 (B) The Ohio ethics commission, the joint legislative 325 ethics committee, and the board of commissioners on grievances 326 and discipline of the supreme court, using the rule-making 327 procedures of Chapter 119. of the Revised Code, may require any 328 class of public officials or employees under its jurisdiction and 329 not specifically excluded by this section whose positions involve 330 a substantial and material exercise of administrative discretion 331 in the formulation of public policy, expenditure of public funds, 332 enforcement of laws and rules of the state or a county or city, 333 or the execution of other public trusts, to file an annual 334 statement on or before the fifteenth day of April under division 335 (A) of this section. The appropriate ethics commission shall 336 send the public officials or employees written notice of the 337 requirement by the fifteenth day of February of each year the 338 filing is required, unless the public official or employee is 339 appointed after that date, in which case the notice shall be sent 340 within thirty days after appointment, and the filing shall be 341 made not later than ninety days after appointment. 342 Disclosure statements filed under this division with the 344 Ohio ethics commission by members of boards, commissions, or 345 bureaus of the state for which no compensation is received other 346 than reasonable and necessary expenses shall be kept 347 confidential. Disclosure statements filed with the Ohio ethics 349 commission under division (A) of this section by business 350 managers, treasurers, and superintendents of city, local, 351 exempted village, joint vocational, or cooperative education 352 school districts or educational service centers shall be kept 353 confidential, except that any person conducting an audit of any such school district pursuant to section 115.56 or Chapter 117. 354 of the Revised Code may examine the disclosure statement of any 355 business manager, treasurer, or superintendent of that school 356 district or educational service center. The Ohio ethics 357 10 commission shall examine each disclosure statement required to be 358 kept confidential to determine whether a potential conflict of 359 interest exists for the person who filed the disclosure 360 statement. A potential conflict of interest exists if the 361 private interests of the person, as indicated by the person's 362 disclosure statement, might interfere with the public interests 364 the person is required to serve in the exercise of the person's 365 authority and duties in the person's office or position of 366 employment. If the commission determines that a potential 367 conflict of interest exists, it shall notify the person who filed 368 the disclosure statement and shall make the portions of the 369 disclosure statement that indicate a potential conflict of 370 interest subject to public inspection in the same manner as is 371 provided for other disclosure statements. Any portion of the 372 disclosure statement that the commission determines does not 373 indicate a potential conflict of interest shall be kept 374 confidential by the commission and shall not be made subject to 375 public inspection, except as is necessary for the enforcement of 376 Chapters 102. and 2921. of the Revised Code and except as 377 otherwise provided in this paragraph. (C) No person shall knowingly fail to file, on or before 379 the applicable filing deadline under this section, a statement 380 that is required by this section. 381 (D) No person shall knowingly file a false statement that 383 is required to be filed under this section. 384 (E)(1) Except as provided in divisions (E)(2) and (3) of 386 this section, on and after March 2, 1994, the statement required 387 by division (A) or (B) of this section shall be accompanied by a 389 filing fee of twenty-five dollars. 390 (2) The statement required by division (A) of this section 392 shall be accompanied by a filing fee to be paid by the person who 393 is elected or appointed to or is a candidate for any of the 394 following offices: 395 For state office, except member of 397 11 state board of education $50 398 For office of member of United States 399 congress or member of general assembly $25 400 For county office $25 401 For office of member of state board 402 of education $10 403 For office of member of city, local, 404 exempted village, or cooperative 405 education board of 406 education or educational service 407 center governing board $ 5 408 For position of business manager, 409 treasurer, or superintendent of 410 city, local, exempted village, joint 411 vocational, or cooperative education 412 school district or 413 educational service center $ 5 414 (3) No judge of a court of record or candidate for judge 416 of such a court, and no referee or magistrate serving a court of 417 record, shall be required to pay the fee required under division 418 (E)(1) or (2), or (F) of this section. 419 (4) For any public official who is appointed to a 421 nonelective office of the state and for any employee who holds a 422 nonelective position in a public agency of the state, the state 423 agency that is the primary employer of the state official or 424 employee shall pay the fee required under division (E)(1) or (F) 425 of this section. 426 (F) If a statement required to be filed under this section 428 is not filed by the date on which it is required to be filed, the 429 appropriate ethics commission shall assess the person required to 430 file the statement a late filing fee equal to one-half of the 431 applicable filing fee for each day the statement is not filed, 432 except that the total amount of the late filing fee shall not 433 exceed one hundred dollars. 434 12 (G)(1) The appropriate ethics commission other than the 436 Ohio ethics commission shall deposit all fees it receives under 437 divisions (E) and (F) of this section into the general revenue 438 fund of the state. 439 (2) The Ohio ethics commission shall deposit all fees it 441 receives under divisions (E) and (F) of this section and all 442 moneys it receives from settlements under division (G) of section 443 102.06 of the Revised Code into the Ohio ethics commission fund, 444 which is hereby created in the state treasury. All moneys 445 credited to the fund shall be used solely for expenses related to 446 the operation of the commission. 447 (H) Division (A) of this section does not apply to a 449 person elected or appointed to the office of precinct, ward, or 450 district committee member under Chapter 3517. of the Revised 451 Code; a presidential elector; a delegate to a national 452 convention; village or township officials and employees; any 453 physician or psychiatrist who is paid a salary or wage in 454 accordance with schedule C of section 124.15 or schedule E-2 of 455 section 124.152 of the Revised Code and whose primary duties do 456 not require the exercise of administrative discretion; or any 457 member of a board, commission, or bureau of any county or city 458 who receives less than one thousand dollars per year for serving 459 in that position. 460 Sec. 3311.71. (A) AS USED IN THIS SECTION AND IN SECTIONS 463 3311.72 TO 3311.76 OF THE REVISED CODE: 464 (1) "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 466 THAT AT ANY TIME WAS UNDER A FEDERAL COURT ORDER REQUIRING 467 SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF 468 THE DISTRICT BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 469 (2) "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION 471 CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S 472 TERRITORY. 473 (B) WHENEVER ANY MUNICIPAL SCHOOL DISTRICT IS RELEASED BY 476 A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND 477 13 OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY 478 THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL OF THAT 479 DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW NINE-MEMBER BOARD OF EDUCATION. MEMBERS OF THE NEW BOARD SHALL 481 BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE MEMBER AS 482 THE CHAIRPERSON OF THE BOARD. IN ADDITION TO THE RIGHTS, 483 AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, THE CHAIRPERSON SHALL 484 HAVE ALL THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE 485 PRESIDENT OF A BOARD OF EDUCATION BY THE REVISED CODE THAT ARE 486 NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 487 CODE. (C) NO SCHOOL BOARD MEMBER SHALL BE APPOINTED PURSUANT TO 490 DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS RECEIVED A SLATE 492 OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A MUNICIPAL SCHOOL 493 DISTRICT NOMINATING PANEL. THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL BE INITIALLY CONVENED AND CHAIRED BY THE 494 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION, WHO SHALL SERVE AS A 495 NONVOTING MEMBER FOR THE FIRST TWO YEARS OF THE PANEL'S 496 EXISTENCE, AND SHALL CONSIST OF ELEVEN PERSONS SELECTED AS 497 FOLLOWS: (1) THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE 499 SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE 500 DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION 502 SELECTED BY THE STATE SUPERINTENDENT; (2) THREE PERSONS APPOINTED BY THE MAYOR; 504 (3) ONE PERSON APPOINTED BY THE PRESIDENT OF THE 506 LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE 507 GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY; 508 (4) ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING 510 REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS; 511 (5) ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL 513 DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE 514 SUPERINTENDENT; 14 (6) ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED 516 BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR; 517 (7) ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF 519 HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT 520 APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 521 THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT ONE 523 OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER THE 524 DATE OF THE FIRST MEETING OF THE PANEL AT WHICH TIME THE STATE 525 SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER CONVENE OR 526 CHAIR THE PANEL. THEREAFTER, THE PANEL SHALL MEET AS NECESSARY 527 TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON. ALL MEMBERS 528 OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY. VACANCIES ON THE PANEL SHALL BE FILLED IN THE SAME 529 MANNER AS THE INITIAL APPOINTMENTS. 530 (D) NO INDIVIDUAL SHALL BE APPOINTED PURSUANT TO DIVISION 532 (B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS BEEN 534 NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE. 535 (E) THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED PURSUANT 537 TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON THE NEXT 538 THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION REQUIRED 539 BY SECTION 3311.73 OF THE REVISED CODE. THE MAYOR MAY REMOVE ANY 540 MEMBER APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF 541 THIS SECTION FOR CAUSE. (F) IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION 544 OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY 545 SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 547 MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED 548 PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION. FIVE OF 549 THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR 551 TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS, 552 EACH TERM BEGINNING ON THE FIRST DAY OF JULY. THEREAFTER, THE MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER 553 15 AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION. THE 555 MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED 556 BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE THE NUMBER OF MEMBERS TO BE APPOINTED. 557 Sec. 3311.72. (A) ON THE EFFECTIVE DATE OF THE ASSUMPTION 559 OF CONTROL OF THE SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION 561 PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 563 THE TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT 564 SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT 565 SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD. AS USED IN THIS 566 DIVISION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN 567 SECTION 3319.02 OF THE REVISED CODE. 568 (B) NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE: 570 (1) UNTIL THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 572 MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 573 SECTION 3311.71 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 574 CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 575 POSITION. (2) AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 577 MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 578 SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE 580 CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 581 POSITION, WITH THE CONCURRENCE OF THE MAYOR. (3) AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF 583 EXECUTIVE OFFICER DESCRIBED IN DIVISION (B)(1) OR (2) OF THIS 584 SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT 585 INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE 586 TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT 588 SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL 589 CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE INDIVIDUAL 590 WILL SERVE AT THE PLEASURE OF THE BOARD, WITH THE MAYOR'S CONCURRENCE REQUIRED FOR REMOVAL. 591 (C) THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF 593 FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING 594 16 OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER 595 ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER 596 SHALL DETERMINE TO BE NECESSARY. THE CHIEF EXECUTIVE OFFICER 597 SHALL ALSO APPOINT AN OMBUDSPERSON WHO SHALL ANSWER QUESTIONS AND SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND 598 GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS. 599 A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A 601 SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE 602 REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22 603 OF THE REVISED CODE. IN ADDITION TO THE RIGHTS, AUTHORITY AND DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF 604 FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED 605 CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER 606 SHALL HAVE ALL OF THE RIGHTS, AUTHORITY AND DUTIES CONFERRED UPON 607 THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF A BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE 608 NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 609 CODE. (D) NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED 611 CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A 612 MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL 613 HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS 615 AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH 616 CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE 617 APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE 618 APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE 619 OFFICER. (E) THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR 621 EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN 622 THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE 623 NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY 624 SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD. 625 17 (F) NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF 628 THE REVISED CODE, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT. 629 Sec. 3311.73. (A) AT THE GENERAL ELECTION HELD IN THE 631 FIRST EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE 633 DATE THE NEW BOARD ASSUMED OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE 635 REVISED CODE, THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE 636 ELECTORS RESIDING IN THE SCHOOL DISTRICT: "SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE 638 APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE 639 MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE 640 NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?" 641 THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY 643 OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL 644 NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE 645 ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND 646 CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT 648 FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH 649 ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE 650 QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN 651 SUCH PART TO AN ADJOINING PRECINCT. SUCH AN ASSIGNMENT MAY BE 652 MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT 653 AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY. 654 NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF 655 GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE 656 CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON 657 WHICH THE ELECTION IS BEING HELD. THE BALLOT SHALL BE IN THE 658 FORM PRESCRIBED BY THE SECRETARY OF STATE. 659 (B) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 661 IN DIVISION (A) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR 662 SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY 663 OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE 664 REVISED CODE. 665 18 (C) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 668 IN DIVISION (A) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW 670 SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT 671 REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR. 672 AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR 673 YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS. 674 THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER 675 AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A 676 CITY SCHOOL DISTRICT. ALL MEMBERS OF THE BOARD OF EDUCATION OF A 678 MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF 679 SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER 681 THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR 682 SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH 683 SECTION 3313.09 OF THE REVISED CODE. Sec. 3311.74. THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL 685 SCHOOL DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A 686 PLAN TO MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL 688 WITHIN THE DISTRICT. WHERE MEASUREMENTS DEMONSTRATE THAT 689 STUDENTS IN PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT 690 IMPROVING THEIR ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE 691 PLAN SHALL CONTAIN PROVISIONS REQUIRING THE CHIEF EXECUTIVE 692 OFFICER, WITH THE CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE 693 ACTION WITHIN THOSE SCHOOLS. ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A REPORT 695 TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF ACHIEVEMENT 696 MEASUREMENTS MADE UNDER THIS SECTION AND DELINEATES THE NATURE OF 698 ANY REFORMS AND CORRECTIVE ACTIONS BEING TAKEN IN RESPONSE TO ANY 699 FAILURE TO ACHIEVE AT AN ACCEPTABLE LEVEL OR RATE. THE REPORT SHALL ALSO CONTAIN DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE 700 THE OVERALL QUALITY OR EFFICIENCY OF OPERATION OF THE DISTRICT, 701 SHALL LIST THE SOURCE OF ALL DISTRICT REVENUES, AND SHALL CONTAIN 702 A DESCRIPTION OF ALL DISTRICT EXPENDITURES DURING THE PRECEDING 703 FISCAL YEAR. 704 Sec. 3311.75. A BOARD OF EDUCATION APPOINTED BY THE MAYOR 706 19 PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED 708 CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS OR 709 PROPERTY OF ANY MUNICIPAL CORPORATION. THE BUDGETS OF THE MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE 710 ESTIMATED, PLANNED, AND FINANCED SEPARATELY. AT NO TIME SHALL 711 ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE 712 COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND 713 ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY 714 INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL 715 CORPORATION. Sec. 3311.76. (A) NOTWITHSTANDING CHAPTERS 3302. AND 717 3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT 718 CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC 719 INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES 720 ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY 721 RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO 722 3319.21, OR CHAPTER 3323. OF THE REVISED CODE, AND MAY AUTHORIZE A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE 723 DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE 724 SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES, 725 TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC 726 OBLIGATIONS. THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED 727 AND THE REASONS FOR THE REQUEST. THE STATE SUPERINTENDENT SHALL 728 APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED 729 EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE 730 DISTRICT'S STUDENTS. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE 731 DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF 732 APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST. 733 (B) IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES 735 CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF 736 EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A 737 MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE 738 20 RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL 740 DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH 741 SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE. 742 Sec. 3313.02. Notwithstanding division (D) of section 751 3311.19 and division (D) of section 3311.52 of the Revised Code, 752 this section and sections 3313.03 to 3313.09 of the Revised Code 753 do not apply to a joint vocational or cooperative education 754 school district. THIS SECTION DOES NOT APPLY TO A MUNICIPAL 755 SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO 756 DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE. 757 In city school districts containing, according to the last 759 federal census, a population of less than fifty thousand persons, 760 the board of education shall consist of not less than three nor 761 more than five members elected at large by the qualified electors 762 of such district. 763 In city school districts containing, according to the last 765 federal census, a population of fifty thousand or more, but less 766 than one hundred fifty thousand persons, the board shall consist 767 of not less than two nor more than seven members elected at large 768 and not more than two members elected from subdistricts by the 769 qualified electors of their respective subdistricts. 770 In city school districts containing, according to the last 772 federal census, a population of one hundred fifty thousand 773 persons or more, the board shall consist of not less than five 774 nor more than seven members elected at large by the qualified 775 electors of such district. 776 Sec. 3313.04.
IfTHIS SECTION AND SECTIONS 3313.05 TO 785 3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL 786 DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY 787 SECTION 3311.73 OF THE REVISED CODE. IF, at any time, a petition signed by ten per cent of the 790 electors in any city district is filed with the treasurer of the 791 board of education of such district asking that the question, 792 "what shall be the number of members and what shall be the 793 21 organization of the board of education of such district," be 794 submitted to the electors thereof, such board of education shall 795 within thirty days after the filing of such petition provide by 796 resolution for submitting such question to the electors of such 797 district. Such question shall not be submitted to a referendum 798 vote more than once in any period of four years and the 799 percentage of electors required to sign such petition shall be 800 based upon the total vote cast at the most recent regular 802 municipal election. Said resolution shall require that such question be 804 submitted at the next regular municipal election and shall also 805 provide for the appointment of a commission to frame two or more 806 plans of organization for submission. Except as otherwise 807 provided in this section, the commission shall consist of seven 808 members, three of whom shall be appointed by the president of the 809 board of education of such district, two by the mayor of the city 810 in which such district is located, and two by the president of 811 the board of sinking fund trustees of such city. If a city does 812 not have a board of sinking fund trustees, the city treasurer or 813 the officer who exercises the functions of a treasurer shall 814 appoint two members. 815 When a school district has territory in more than one city, 817 the commission shall consist of three members appointed by the 818 president of the board of education, one member appointed by the 819 mayor of each city in which the district has territory, and one 820 member appointed by the president of the board of sinking fund 821 trustees of each such city. If any city does not have a board of 822 sinking fund trustees, that city's treasurer or the officer who 823 exercises the functions of a treasurer shall appoint one member. 824 A certified copy of said resolution shall immediately after 826 its passage be transmitted to the mayor and president of the 827 board of sinking fund trustees of the city or cities in which the 828 district has territory, and such commission shall be appointed 829 and shall organize within sixty days after the passage of said 830 22 resolution. 831 Sec. 3313.11. Notwithstanding division (D) of section 840 3311.19 and division (D) of section 3311.52 of the Revised Code, 841 this section does not apply to any joint vocational or 842 cooperative education school district. 843 A vacancy in any board of education may be caused by death, 845 nonresidence, resignation, removal from office, failure of a 846 person elected or appointed to qualify within ten days after the 847 organization of the board or of hisappointment or election, 848 removal from the district, or absence from meetings of the board 849 for a period of ninety days, if such absence is caused by reasons 850 declared insufficient by a two-thirds vote of the remaining 851 members of the board, which vote must be taken and entered upon 852 the records of the board not less than thirty days after such 853 absence. Any854 IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT 856 TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE, 857 THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL 858 FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE 859 THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST 860 THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL ESTABLISHED UNDER THAT SECTION. 861 IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD 863 SHALL FILL ANY such vacancy shall be filled by the boardat its 864 next regular or special meeting, not earlier than ten days after 865 such vacancy occurs. A majority vote of all the remaining 866 members of the board may fill any such vacancy. Immediately 867 after such a vote, the treasurer of the board of education shall 868 give written notice to the board of elections responsible for 869 conducting elections for that school district that a vacancy has 870 been filled, and the name of the person appointed to fill the 871 vacancy. Each person selected by the board or probate court to 872 fill a vacancy shall hold office for the shorter of the following 873 periods: until the completion of the unexpired term, or until 874 23 the first day of January immediately following the next regular 875 board of education election taking place more than ninety days 876 after a person is selected by the board or probate court to fill 877 the vacancy. At that election, a special election to fill the 878 vacancy shall be held in accordance with laws controlling regular 879 elections for board of education members, except that no such 880 special election shall be held if the unexpired term ends on or 881 before the first day of January immediately following that 882 regular board of education election. The term of a person chosen 883 at a special election under this section shall begin on the first 884 day of January immediately following the election, and heTHE 885 PERSON shall serve for the remainder of the unexpired term. 886 Whenever the need for a special election under this section 887 becomes known, the board of education shall immediately give 888 written notice of this fact to the board of elections responsible 889 for conducting the regular board of education election for that 890 school district. The term of a board of education member shall not be 892 lengthened by hisTHE MEMBER'S resignation and subsequent 893 selection by the board or probate court under this section. 894 Sec. 3313.70. No member of the board of education in any 903 district shall be eligible to the appointment of school 904 physician, school dentist, or school nurse during the period for 905 which heTHE MEMBER is elected OR APPOINTED. 906 Sec. 3315.15. Any city, local, or exempted village board 915 of education may by resolution set aside each year from the 916 general fund a sum not to exceed two dollars for each child 917 enrolled in the district, or twenty thousand dollars, whichever 918 is greater. Any educational service center governing board may 920 by resolution set aside each year from the educational service 921 center fund a sum not to exceed twenty thousand dollars. The 922 amount set aside shall be placed in a fund known as the "service 923 fund," which shall be used only in paying the expenses of members 924 of such boards of education and educational service center 925 24 governing boards actually incurred in the performance of their 926 duties, or in paying the expenses of members-electMEMBERS-TO-BE 927 of such boards actually incurred in training and orientation to 928 the performance of their duties from the date of election OR 929 APPOINTMENT to the date of administration of the oath of office. 930 Such payments shall be made only in such amount as may be 931 approved by the board on statement of the several members or 932 members-electMEMBERS-TO-BE furnished at the next succeeding 933 regular meeting of such board. No board shall appropriate or expend a sum greater than sixty thousand dollars in any one 934 school year from such service fund. 935 Sec. 3316.06. (A) Within sixty days after the first 945 meeting of a school district financial planning and supervision commission, the commission shall adopt a financial recovery plan 946 regarding the school district for which the commission was 947 created. During the formulation of the plan, the commission 948 shall seek appropriate input from the school district board and 949 from the community. This plan shall contain the following: (1) Actions to be taken to: 951 (a) Eliminate all fiscal emergency conditions declared to 954 exist pursuant to division (B) of section 3316.03 of the Revised Code; (b) Satisfy any judgments, past due accounts payable, and 956 all past due and payable payroll and fringe benefits; 957 (c) Eliminate the deficits in all deficit funds; 959 (d) Restore to special funds any moneys from such funds 961 that were used for purposes not within the purposes of such 963 funds, or borrowed from such funds by the purchase of debt 964 obligations of the school district with the moneys of such funds, 965 or missing from the special funds and not accounted for, if any; 966 (e) Balance the budget, avoid future deficits in any 968 funds, and maintain on a current basis payments of payroll, 969 fringe benefits, and all accounts; 970 (f) Avoid any fiscal emergency condition in the future; 972 25 (g) Restore the ability of the school district to market 974 long-term general obligation bonds under provisions of law 975 applicable to school districts generally. 976 (2) The management structure that will enable the school 978 district to take the actions enumerated in division (A)(1) of 979 this section. The plan shall specify the level of fiscal and 980 management control that the commission will exercise within the 981 school district during the period of fiscal emergency, and shall 982 enumerate respectively, the powers and duties of the commission 983 and the powers and duties of the school board during that period. 984 The commission may elect to assume any of the powers and duties of the school board it considers necessary, including all powers 985 related to personnel, curriculum, and legal issues in order to 986 successfully implement the actions described in division (A)(1) 987 of this section. (3) The target dates for the commencement, progress upon, 990 and completion of the actions enumerated in division (A)(1) of 991 this section and a reasonable period of time expected to be 992 required to implement the plan. The commission shall prepare a reasonable time schedule for progress toward and achievement of 994 the requirements for the plan, and the plan shall be consistent 995 with that time schedule. (4) The amount and purpose of any issue of debt 997 obligations that will be issued, together with assurances that 998 any such debt obligations that will be issued will not exceed 999 debt limits supported by appropriate certifications by the fiscal 1,000 officer of the school district and the county auditor. If the 1,001 commission considers it necessary in order to maintain or improve 1,003 educational opportunities of pupils in the school district, the 1,004 plan may include a proposal to restructure or refinance 1,005 outstanding debt obligations incurred by the board contingent upon the approval, during the period of the fiscal emergency, by 1,006 district voters of a tax levied under section 718.09, 718.10, 1,007 5705.194, 5705.21, or 5748.02 of the Revised Code. 1,008 26 Notwithstanding any provision of Chapter 133. or sections 1,009 3313.483 through 3313.4811 of the Revised Code, FOLLOWING THE 1,010 REQUIRED APPROVAL OF THE DISTRICT VOTERS AND WITH THE APPROVAL OF 1,011 THE COMMISSION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO EVIDENCE the restructuring or refinancing. THOSE SECURITIES may 1,013 extend the original period for repayment, and may alter the 1,014 frequency and amount of repayments, interest or other financing 1,015 charges, and other terms of agreements under which the debt originally was contracted, at the discretion of the commission, 1,016 provided that any loans received pursuant to section 3313.483 of 1,017 the Revised Code shall be paid from funds the district would 1,018 otherwise receive under sections 3317.022 to 3317.025 of the 1,019 Revised Code, as required under division (E)(3) of section 3313.483 of the Revised Code. 1,020 (B) Any financial recovery plan may be amended subsequent 1,022 to its adoption. 1,023 Sec. 3329.08. At any regular meeting, the board of 1,033 education of each local school district, from lists adopted by 1,034 the educational service center governing board, and the board of 1,035 education of each city and exempted village school district shall 1,036 determine by a majority vote of all members elected OR APPOINTED 1,037 which of such textbooks so filed shall be used in the schools 1,038 under its control. No textbooks shall be changed, nor any part 1,039 thereof altered or revised, nor any other textbook substituted 1,040 therefor, within four years after the date of selection and adoption thereof, as shown by the official records of such 1,041 boards, except by the consent, at a regular meeting, of 1,042 four-fifths of all members elected thereto. Books so substituted 1,043 shall be adopted for the full term of four years. 1,044 Section 2. That existing sections 102.02, 3313.02, 1,046 3313.04, 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 of the 1,047 Revised Code are hereby repealed. 1,048 Section 3. All items in this section are hereby 1,050 appropriated as designated out of any moneys in the state 1,051 27 treasury to the credit of the General Revenue Fund. For all 1,052 appropriations made in this act, those in the first column are 1,053 for fiscal year 1998 and those in the second column are for 1,054 fiscal year 1999. The appropriations made in this act are in 1,055 addition to any other appropriations made for the 1997-1999 1,056 biennium. EDU DEPARTMENT OF EDUCATION 1,057 General Revenue Fund 1,060 GRF 200-434 Transition and 1,061 Implementation $ 2,100,000 $ 2,100,000 1,063 TOTAL GRF General Revenue Fund $ 2,100,000 $ 2,100,000 1,066 TOTAL ALL BUDGET FUND GROUPS $ 2,100,000 $ 2,100,000 1,069 Transition and Implementation 1,072 The foregoing appropriation item 200-434, Transition and 1,074 Implementation, shall be used to defray the costs associated with 1,075 the transition and implementation in any school district covered 1,076 by this act from an appointed school board to a new school board 1,077 appointed by the mayor pursuant to sections 3311.71 to 3311.76 of 1,079 the Revised Code. Within the limits set forth in this act, the Director of 1,081 Budget and Management shall establish accounts indicating the 1,082 source and amount of funds for each appropriation made in this 1,083 act, and shall determine the form and manner in which 1,084 appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as 1,085 though made in Am. Sub. H.B. 215 of the 122nd General Assembly. 1,086 The appropriations made in this act are subject to all 1,088 provisions of Am. Sub. H.B. 215 of the 122nd General Assembly 1,089 that are generally applicable to such appropriations. 1,090 Section 4. Section 102.02 of the Revised Code is presented 1,092 in this act as a composite of the section as amended by both Am. 1,094 H.B. 182 and Am. Sub. H.B. 538 of the 121st General Assembly, with the new language of neither of the acts shown in capital 1,096 letters. This is in recognition of the principle stated in 1,097 28 division (B) of section 1.52 of the Revised Code that such 1,098 amendments are to be harmonized where not substantively 1,099 irreconcilable and constitutes a legislative finding that such is 1,100 the resulting version in effect prior to the effective date of 1,101 this act. Section 5. The codified and uncodified sections of law 1,103 contained in this act, and the items of law of which the codified 1,104 and uncodified sections of law contained in this act are 1,105 composed, are not subject to the referendum. Therefore, under 1,106 Ohio Constitution, Article II, Section 1d and section 1.471 of 1,107 the Revised Code, the codified and uncodified sections of law contained in this act, and the items of law of which the codified 1,108 and uncodified sections of law contained in this act are 1,109 composed, go into immediate effect when this act becomes law. 1,110