As Reported by the House Select Subcommittee on School Governance 1 122nd General Assembly 4 Regular Session Sub. 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 3311.77 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. 21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23 Section 1. That sections 102.02, 3313.02, 3313.04, 25 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 be amended and 26 sections 3311.71, 3311.72, 3311.73, 3311.74, 3311.75, 3311.76, 27 and 3311.77 of the Revised Code be enacted to read as follows: 28 Sec. 102.02. (A) Except as otherwise provided in division 37 (H) of this section, every person who is elected to or is a 38 candidate for a state, county, or city office, or the office of 39 member of the United States congress, and every person who is 40 appointed to fill a vacancy for an unexpired term in such an 41 elective office; all members of the state board of education; the 43 director, assistant directors, deputy directors, division chiefs, 44 or persons of equivalent rank of any administrative department of 45 the state; the president or other chief administrative officer of 46 every state institution of higher education as defined in section 47 3345.031 of the Revised Code; the chief executive officer of each 48 2 state retirement system; all members of the board of 49 commissioners on grievances and discipline of the supreme court 50 and the ethics commission created under section 102.05 of the 51 Revised Code; every business manager, treasurer, or 52 superintendent of a city, local, exempted village, joint 53 vocational, or cooperative education school district or an 54 educational service center; every person who is elected to or is 55 a candidate for the office of member of a board of education of a 56 city, local, exempted village, joint vocational, or cooperative 57 education school district or of a governing board of an 58 educational service center that has an average daily membership 59 of twelve thousand or more as most recently certified to the 60 state board of education pursuant to division (A) of section 61 3317.03 of the Revised Code; EVERY PERSON WHO IS APPOINTED TO THE 62 BOARD OF EDUCATION OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO 63 DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE; every 64 public official or employee who is paid a salary or wage in 66 accordance with schedule C of section 124.15 or schedule E-2 of 67 section 124.152 of the Revised Code; and every other public 68 official or employee who is designated by the appropriate ethics 69 commission pursuant to division (B) of this section shall file 70 with the appropriate ethics commission on a form prescribed by 71 the commission, a statement disclosing: (1) The name of the person filing the statement and each 73 member of the person's immediate family and all names under which 75 the person or members of the person's immediate family does 76 business; 77 (2)(a) Subject to divisions (A)(2)(b), and (c) of this 79 section and except as otherwise provided in section 102.022 of 80 the Revised Code, identification of every source of income, other 81 than income from a legislative agent identified in division 82 (A)(2)(b) of this section, received during the preceding calendar 83 year, in the person's own name or by any other person for the 85 person's use or benefit, by the person filing the statement, and 86 3 a brief description of the nature of the services for which the 87 income was received. If the person filing the statement is a 88 member of the general assembly, the statement shall identify the 89 amount of every source of income received in accordance with the 90 following ranges of amounts: zero or more but less than one 91 thousand dollars; one thousand dollars or more but less than ten 92 thousand dollars; ten thousand dollars or more but less than 93 twenty-five thousand dollars; twenty-five thousand dollars or 94 more but less than fifty thousand dollars; fifty thousand dollars 95 or more but less than one hundred thousand dollars; and one 96 hundred thousand dollars or more. Division (A)(2)(a) of this 97 section shall not be construed to require a person filing the 98 statement who derives income from a business or profession to 99 disclose the individual items of income that constitute the gross 100 income of that business or profession, except for those 101 individual items of income that are attributable to the person's 102 or, if the income is shared with the person, the partner's, 103 solicitation of services or goods or performance, arrangement, or 104 facilitation of services or provision of goods on behalf of the 105 business or profession of clients, including corporate clients, 106 who are legislative agents as defined in section 101.70 of the 107 Revised Code. A person who files the statement under this 108 section shall disclose the identity of and the amount of income 109 received from a person whom the public official or employee knows 110 or has reason to know is doing or seeking to do business of any 111 kind with the public official's or employee's agency. 112 (b) If the person filing the statement is a member of the 114 general assembly, the statement shall identify every source of 115 income and the amount of that income that was received from a 116 legislative agent, as defined in section 101.70 of the Revised 117 Code, during the preceding calendar year, in the person's own 119 name or by any other person for the person's use or benefit, by 120 the person filing the statement, and a brief description of the 122 nature of the services for which the income was received. 123 4 Division (A)(2)(b) of this section requires the disclosure of 124 clients of attorneys or persons licensed under section 4732.12 of 125 the Revised Code, or patients of persons certified under section 126 4731.14 of the Revised Code if those clients or patients are 127 legislative agents. Division (A)(2)(b) of this section requires 128 a person filing the statement who derives income from a business 129 or profession to disclose those individual items of income that 130 constitute the gross income of that business or profession that 131 are received from legislative agents. 132 (c) Except as otherwise provided in division (A)(2)(c) of 134 this section, division (A)(2)(a) of this section applies to 135 attorneys, physicians, and other persons who engage in the 136 practice of a profession and who, pursuant to a section of the 137 Revised Code, the common law of this state, a code of ethics 138 applicable to the profession, or otherwise, generally are 139 required not to reveal, disclose, or use confidences of clients, 140 patients, or other recipients of professional services except 141 under specified circumstances or generally are required to 142 maintain those types of confidences as privileged communications 143 except under specified circumstances. Division (A)(2)(a) of this 144 section does not require an attorney, physician, or other 145 professional subject to a confidentiality requirement as 146 described in division (A)(2)(c) of this section to disclose the 147 name, other identity, or address of a client, patient, or other 148 recipient of professional services if the disclosure would 149 threaten the client, patient, or other recipient of professional 150 services, would reveal details of the subject matter for which 151 legal, medical, or professional advice or other services were 152 sought, or would reveal an otherwise privileged communication 153 involving the client, patient, or other recipient of professional 154 services. Division (A)(2)(a) of this section does not require an 155 attorney, physician, or other professional subject to a 156 confidentiality requirement as described in division (A)(2)(c) of 157 this section to disclose in the brief description of the nature 158 5 of services required by division (A)(2)(a) of this section any 159 information pertaining to specific professional services rendered 160 for a client, patient, or other recipient of professional 161 services that would reveal details of the subject matter for 162 which legal, medical, or professional advice was sought or would 163 reveal an otherwise privileged communication involving the 164 client, patient, or other recipient of professional services. 165 (3) The name of every corporation on file with the 167 secretary of state that is incorporated in Ohio or holds a 168 certificate of compliance authorizing it to do business in this 169 state, trust, business trust, partnership, or association that 170 transacts business in Ohio in which the person filing the 171 statement or any other person for the person's use and benefit 173 had during the preceding calendar year an investment of over one 174 thousand dollars at fair market value as of the thirty-first day 175 of December of the preceding calendar year, or the date of 176 disposition, whichever is earlier, or in which the person holds 177 any office or has a fiduciary relationship, and a description of 178 the nature of the investment, office, or relationship. This 179 division does not require disclosure of the name of any bank, 180 savings and loan association, credit union, or building and loan 181 association with which the person filing the statement has a 182 deposit or a withdrawable share account. 183 (4) All fee simple and leasehold interests to which the 185 person filing the statement holds legal title to or a beneficial 186 interest in real property located within the state, excluding the 187 person's residence and property used primarily for personal 188 recreation; 189 (5) The names of all persons residing or transacting 191 business in the state to whom the person filing the statement 192 owes, in the person's own name or in the name of any other 193 person, more than one thousand dollars. This division shall not 195 be construed to require the disclosure of debts owed by the 196 person resulting from the ordinary conduct of a business or 197 6 profession or debts on the person's residence or real property 198 used primarily for personal recreation, except that the 199 superintendent of financial institutions shall disclose the names 201 of all state-chartered savings and loan associations and of all 203 service corporations subject to regulation under division (E)(2) 204 of section 1151.34 of the Revised Code to whom the superintendent 205 in the superintendent's own name or in the name of any other 206 person owes any money, and that the superintendent and any deputy 208 superintendent of banks shall disclose the names of all 209 state-chartered banks and all bank subsidiary corporations 210 subject to regulation under section 1109.44 of the Revised Code 211 to whom the superintendent or deputy superintendent owes any 212 money. (6) The names of all persons residing or transacting 214 business in the state, other than a depository excluded under 215 division (A)(3) of this section, who owes more than one thousand 216 dollars to the person filing the statement, either in the 217 person's own name or to any person for the person's use or 219 benefit. This division shall not be construed to require the 221 disclosure of clients of attorneys or persons licensed under 222 section 4732.12 or 4732.15 of the Revised Code, or patients of 223 persons certified under section 4731.14 of the Revised Code, nor 224 the disclosure of debts owed to the person resulting from the 225 ordinary conduct of a business or profession. 226 (7) Except as otherwise provided in section 102.022 of the 228 Revised Code, the source of each gift of over seventy-five 229 dollars, or of each gift of over twenty-five dollars received by 230 a member of the general assembly from a legislative agent, 231 received by the person in the person's own name or by any other 233 person for the person's use or benefit during the preceding 234 calendar year, except gifts received by will or by virtue of 236 section 2105.06 of the Revised Code, or received from spouses, 237 parents, grandparents, children, grandchildren, siblings, 238 nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 239 7 sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 240 any person to whom the person filing the statement stands in loco 241 parentis, or received by way of distribution from any inter vivos 242 or testamentary trust established by a spouse or by an ancestor; 243 (8) Except as otherwise provided in section 102.022 of the 245 Revised Code, identification of the source and amount of every 246 payment of expenses incurred for travel to destinations inside or 247 outside this state that is received by the person in the person's 249 own name or by any other person for the person's use or benefit 250 and that is incurred in connection with the person's official 252 duties except for expenses for travel to meetings or conventions 253 of a national or state organization to which either house of the 254 general assembly, any legislative agency, a state institution of 255 higher education as defined in section 3345.031 of the Revised 256 Code, any other state agency, or any political subdivision or any 257 office or agency of a political subdivision pays membership dues. 258 (9) Except as otherwise provided in section 102.022 of the 260 Revised Code, identification of the source of payment of expenses 261 for meals and other food and beverages, other than for meals and 262 other food and beverages provided at a meeting at which the 263 person participated in a panel, seminar, or speaking engagement 264 or at a meeting or convention of a national or state organization 265 to which either house of the general assembly, any legislative 266 agency, a state institution of higher education as defined in 267 section 3345.031 of the Revised Code, any other state agency, or 268 any political subdivision or any office or agency of a political 269 subdivision pays membership dues, that are incurred in connection 270 with the person's official duties and that exceed one hundred 271 dollars aggregated per calendar year; 272 (10) If the financial disclosure statement is filed by a 274 public official or employee described in division (B)(2) of 275 section 101.73 of the Revised Code or division (B)(2) of section 276 121.63 of the Revised Code who receives a statement from a 277 legislative agent, executive agency lobbyist, or employer that 278 8 contains the information described in division (F)(2) of section 279 101.73 of the Revised Code or division (G)(2) of section 121.63 280 of the Revised Code, all of the nondisputed information contained 281 in the statement delivered to that public official or employee by 282 the legislative agent, executive agency lobbyist, or employer 283 under division (F)(2) of section 101.73 or (G)(2) of section 284 121.63 of the Revised Code. As used in division (A)(10) of this 285 section, "legislative agent," "executive agency lobbyist," and 286 "employer" have the same meanings as in sections 101.70 and 287 121.60 of the Revised Code. 288 A person may file a statement required by this section in 290 person or by mail. A person who is a candidate for elective 291 office shall file the statement no later than the thirtieth day 293 before the primary, special, or general election at which such 294 candidacy is to be voted on, whichever election occurs sooner, 295 except a person who is a write-in candidate shall file the 296 statement no later than the twentieth day before the earliest 297 election at which the person's candidacy is to be voted on. A 299 person who holds elective office shall file the statement on or 300 before the fifteenth day of April of each year, unless the person 302 is a candidate for office. A person who is appointed to fill a 304 vacancy for an unexpired term in an elective office shall file 305 the statement within fifteen days after the person qualifies for 307 office. Other persons shall file an annual statement on or 309 before the fifteenth day of April or, if appointed or employed 310 after that date, within ninety days after appointment or 311 employment. No person shall be required to file with the 312 appropriate ethics commission more than one statement or pay more 313 than one filing fee for any one calendar year. 314 The appropriate ethics commission, for good cause, may 316 extend for a reasonable time the deadline for filing a disclosure 317 statement under this section. 318 A statement filed under this section is subject to public 320 inspection at locations designated by the appropriate ethics 321 9 commission except as otherwise provided in this section. 322 (B) The Ohio ethics commission, the joint legislative 324 ethics committee, and the board of commissioners on grievances 325 and discipline of the supreme court, using the rule-making 326 procedures of Chapter 119. of the Revised Code, may require any 327 class of public officials or employees under its jurisdiction and 328 not specifically excluded by this section whose positions involve 329 a substantial and material exercise of administrative discretion 330 in the formulation of public policy, expenditure of public funds, 331 enforcement of laws and rules of the state or a county or city, 332 or the execution of other public trusts, to file an annual 333 statement on or before the fifteenth day of April under division 334 (A) of this section. The appropriate ethics commission shall 335 send the public officials or employees written notice of the 336 requirement by the fifteenth day of February of each year the 337 filing is required, unless the public official or employee is 338 appointed after that date, in which case the notice shall be sent 339 within thirty days after appointment, and the filing shall be 340 made not later than ninety days after appointment. 341 Disclosure statements filed under this division with the 343 Ohio ethics commission by members of boards, commissions, or 344 bureaus of the state for which no compensation is received other 345 than reasonable and necessary expenses shall be kept 346 confidential. Disclosure statements filed with the Ohio ethics 348 commission under division (A) of this section by business 349 managers, treasurers, and superintendents of city, local, 350 exempted village, joint vocational, or cooperative education 351 school districts or educational service centers shall be kept 352 confidential, except that any person conducting an audit of any such school district pursuant to section 115.56 or Chapter 117. 353 of the Revised Code may examine the disclosure statement of any 354 business manager, treasurer, or superintendent of that school 355 district or educational service center. The Ohio ethics 356 commission shall examine each disclosure statement required to be 357 10 kept confidential to determine whether a potential conflict of 358 interest exists for the person who filed the disclosure 359 statement. A potential conflict of interest exists if the 360 private interests of the person, as indicated by the person's 361 disclosure statement, might interfere with the public interests 363 the person is required to serve in the exercise of the person's 364 authority and duties in the person's office or position of 365 employment. If the commission determines that a potential 366 conflict of interest exists, it shall notify the person who filed 367 the disclosure statement and shall make the portions of the 368 disclosure statement that indicate a potential conflict of 369 interest subject to public inspection in the same manner as is 370 provided for other disclosure statements. Any portion of the 371 disclosure statement that the commission determines does not 372 indicate a potential conflict of interest shall be kept 373 confidential by the commission and shall not be made subject to 374 public inspection, except as is necessary for the enforcement of 375 Chapters 102. and 2921. of the Revised Code and except as 376 otherwise provided in this paragraph. (C) No person shall knowingly fail to file, on or before 378 the applicable filing deadline under this section, a statement 379 that is required by this section. 380 (D) No person shall knowingly file a false statement that 382 is required to be filed under this section. 383 (E)(1) Except as provided in divisions (E)(2) and (3) of 385 this section, on and after March 2, 1994, the statement required 386 by division (A) or (B) of this section shall be accompanied by a 388 filing fee of twenty-five dollars. 389 (2) The statement required by division (A) of this section 391 shall be accompanied by a filing fee to be paid by the person who 392 is elected or appointed to or is a candidate for any of the 393 following offices: 394 For state office, except member of 396 state board of education $50 397 11 For office of member of United States 398 congress or member of general assembly $25 399 For county office $25 400 For office of member of state board 401 of education $10 402 For office of member of city, local, 403 exempted village, or cooperative 404 education board of 405 education or educational service 406 center governing board $ 5 407 For position of business manager, 408 treasurer, or superintendent of 409 city, local, exempted village, joint 410 vocational, or cooperative education 411 school district or 412 educational service center $ 5 413 (3) No judge of a court of record or candidate for judge 415 of such a court, and no referee or magistrate serving a court of 416 record, shall be required to pay the fee required under division 417 (E)(1) or (2), or (F) of this section. 418 (4) For any public official who is appointed to a 420 nonelective office of the state and for any employee who holds a 421 nonelective position in a public agency of the state, the state 422 agency that is the primary employer of the state official or 423 employee shall pay the fee required under division (E)(1) or (F) 424 of this section. 425 (F) If a statement required to be filed under this section 427 is not filed by the date on which it is required to be filed, the 428 appropriate ethics commission shall assess the person required to 429 file the statement a late filing fee equal to one-half of the 430 applicable filing fee for each day the statement is not filed, 431 except that the total amount of the late filing fee shall not 432 exceed one hundred dollars. 433 (G)(1) The appropriate ethics commission other than the 435 12 Ohio ethics commission shall deposit all fees it receives under 436 divisions (E) and (F) of this section into the general revenue 437 fund of the state. 438 (2) The Ohio ethics commission shall deposit all fees it 440 receives under divisions (E) and (F) of this section and all 441 moneys it receives from settlements under division (G) of section 442 102.06 of the Revised Code into the Ohio ethics commission fund, 443 which is hereby created in the state treasury. All moneys 444 credited to the fund shall be used solely for expenses related to 445 the operation of the commission. 446 (H) Division (A) of this section does not apply to a 448 person elected or appointed to the office of precinct, ward, or 449 district committee member under Chapter 3517. of the Revised 450 Code; a presidential elector; a delegate to a national 451 convention; village or township officials and employees; any 452 physician or psychiatrist who is paid a salary or wage in 453 accordance with schedule C of section 124.15 or schedule E-2 of 454 section 124.152 of the Revised Code and whose primary duties do 455 not require the exercise of administrative discretion; or any 456 member of a board, commission, or bureau of any county or city 457 who receives less than one thousand dollars per year for serving 458 in that position. 459 Sec. 3311.71. (A) AS USED IN THIS SECTION AND IN SECTIONS 462 3311.72 TO 3311.77 OF THE REVISED CODE: 463 (1) "MUNICIPAL SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT 465 THAT AT ANY TIME WAS UNDER A FEDERAL COURT ORDER REQUIRING 466 SUPERVISION AND OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF 467 THE DISTRICT BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 468 (2) "MAYOR" MEANS THE MAYOR OF THE MUNICIPAL CORPORATION 470 CONTAINING THE GREATEST PORTION OF A MUNICIPAL SCHOOL DISTRICT'S 471 TERRITORY. 472 (B) WHENEVER ANY MUNICIPAL SCHOOL DISTRICT IS RELEASED BY 475 A FEDERAL COURT FROM AN ORDER REQUIRING SUPERVISION AND 476 OPERATIONAL, FISCAL, AND PERSONNEL MANAGEMENT OF THE DISTRICT BY 477 13 THE STATE SUPERINTENDENT, THE MANAGEMENT AND CONTROL OF THAT 478 DISTRICT SHALL BE ASSUMED, EFFECTIVE IMMEDIATELY, BY A NEW NINE-MEMBER BOARD OF EDUCATION. MEMBERS OF THE NEW BOARD SHALL 480 BE APPOINTED BY THE MAYOR, WHO SHALL ALSO DESIGNATE ONE MEMBER AS 481 THE CHAIRPERSON OF THE BOARD. IN ADDITION TO THE RIGHTS, 482 AUTHORITY, AND DUTIES CONFERRED UPON THE CHAIRPERSON BY SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, THE CHAIRPERSON SHALL 483 HAVE ALL THE RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON THE 484 PRESIDENT OF A BOARD OF EDUCATION BY THE REVISED CODE THAT ARE 485 NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 486 CODE. (C) NO SCHOOL BOARD MEMBER SHALL BE APPOINTED PURSUANT TO 489 DIVISION (B) OF THIS SECTION UNTIL THE MAYOR HAS RECEIVED A SLATE 491 OF AT LEAST EIGHTEEN CANDIDATES NOMINATED BY A MUNICIPAL SCHOOL 492 DISTRICT NOMINATING PANEL, AT LEAST THREE OF WHOM RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL CORPORATION 493 CONTAINING THE GREATEST PORTION OF THE DISTRICT'S TERRITORY. THE 494 MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL BE INITIALLY 496 CONVENED AND CHAIRED BY THE STATE SUPERINTENDENT OF PUBLIC 497 INSTRUCTION, WHO SHALL SERVE AS A NONVOTING MEMBER FOR THE FIRST TWO YEARS OF THE PANEL'S EXISTENCE, AND SHALL CONSIST OF ELEVEN 498 PERSONS SELECTED AS FOLLOWS: 499 (1) THREE PARENTS OR GUARDIANS OF CHILDREN ATTENDING THE 501 SCHOOLS OF THE MUNICIPAL SCHOOL DISTRICT APPOINTED BY THE 502 DISTRICT PARENT-TEACHER ASSOCIATION, OR SIMILAR ORGANIZATION 504 SELECTED BY THE STATE SUPERINTENDENT; (2) THREE PERSONS APPOINTED BY THE MAYOR; 506 (3) ONE PERSON APPOINTED BY THE PRESIDENT OF THE 508 LEGISLATIVE BODY OF THE MUNICIPAL CORPORATION CONTAINING THE 509 GREATEST PORTION OF THE MUNICIPAL SCHOOL DISTRICT'S TERRITORY; 510 (4) ONE TEACHER APPOINTED BY THE COLLECTIVE BARGAINING 512 REPRESENTATIVE OF THE SCHOOL DISTRICT'S TEACHERS; 513 (5) ONE PRINCIPAL APPOINTED THROUGH A VOTE OF THE SCHOOL 515 DISTRICT'S PRINCIPALS, WHICH VOTE SHALL BE CONDUCTED BY THE STATE 516 14 SUPERINTENDENT; (6) ONE REPRESENTATIVE OF THE BUSINESS COMMUNITY APPOINTED 518 BY AN ORGANIZED COLLECTIVE BUSINESS ENTITY SELECTED BY THE MAYOR; 519 (7) ONE PRESIDENT OF A PUBLIC OR PRIVATE INSTITUTION OF 521 HIGHER EDUCATION LOCATED WITHIN THE MUNICIPAL SCHOOL DISTRICT 522 APPOINTED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 523 THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL SHALL SELECT ONE 525 OF ITS MEMBERS AS ITS CHAIRPERSON COMMENCING TWO YEARS AFTER THE 526 DATE OF THE FIRST MEETING OF THE PANEL AT WHICH TIME THE STATE 527 SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NO LONGER CONVENE OR 528 CHAIR THE PANEL. THEREAFTER, THE PANEL SHALL MEET AS NECESSARY 529 TO MAKE NOMINATIONS AT THE CALL OF THE CHAIRPERSON. ALL MEMBERS 530 OF THE PANEL SHALL SERVE AT THE PLEASURE OF THE APPOINTING AUTHORITY. VACANCIES ON THE PANEL SHALL BE FILLED IN THE SAME 531 MANNER AS THE INITIAL APPOINTMENTS. 532 (D) NO INDIVIDUAL SHALL BE APPOINTED PURSUANT TO DIVISION 534 (B) OR (F) OF THIS SECTION UNLESS THE INDIVIDUAL HAS BEEN 536 NOMINATED BY THE NOMINATING PANEL, RESIDES IN THE SCHOOL DISTRICT, AND HOLDS NO ELECTED PUBLIC OFFICE. AT ANY GIVEN TIME, 538 FOUR OF THE NINE MEMBERS APPOINTED BY THE MAYOR TO SERVE ON THE 539 BOARD PURSUANT TO EITHER DIVISION (B) OR (F) OF THIS SECTION 541 SHALL HAVE DISPLAYED, PRIOR TO APPOINTMENT, SIGNIFICANT EXPERTISE IN EITHER THE EDUCATION FIELD, FINANCE, OR BUSINESS MANAGEMENT. 542 AT ALL TIMES AT LEAST ONE MEMBER OF THE BOARD SHALL BE AN 543 INDIVIDUAL WHO RESIDES IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT 544 IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF 545 THE DISTRICT'S TERRITORY. (E) THE TERMS OF OFFICE OF ALL MEMBERS APPOINTED PURSUANT 547 TO DIVISION (B) OF THIS SECTION SHALL EXPIRE ON THE NEXT 548 THIRTIETH DAY OF JUNE FOLLOWING THE REFERENDUM ELECTION REQUIRED 549 BY SECTION 3311.73 OF THE REVISED CODE. THE MAYOR MAY, WITH THE 550 ADVICE AND CONSENT OF THE NOMINATING PANEL, REMOVE ANY MEMBER 551 APPOINTED PURSUANT TO THAT DIVISION OR DIVISION (F) OF THIS 552 SECTION FOR CAUSE. 15 (F) IF THE VOTERS OF THE DISTRICT APPROVE THE CONTINUATION 555 OF AN APPOINTED BOARD AT THE REFERENDUM ELECTION REQUIRED BY 556 SECTION 3311.73 OF THE REVISED CODE, THE MAYOR SHALL APPOINT THE 558 MEMBERS OF A NEW BOARD FROM A SLATE PREPARED BY THE NOMINATING PANEL IN THE SAME MANNER AS THE INITIAL BOARD WAS APPOINTED 559 PURSUANT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION. FIVE OF 560 THE MEMBERS OF THE NEW BOARD SHALL BE APPOINTED TO FOUR-YEAR 562 TERMS AND THE OTHER FOUR SHALL BE APPOINTED TO TWO-YEAR TERMS, 563 EACH TERM BEGINNING ON THE FIRST DAY OF JULY. THEREAFTER, THE MAYOR SHALL APPOINT MEMBERS TO FOUR-YEAR TERMS IN THE SAME MANNER 564 AS DESCRIBED IN DIVISIONS (B), (C), AND (D) OF THIS SECTION. THE 566 MINIMUM NUMBER OF INDIVIDUALS WHO SHALL BE ON THE SLATE PREPARED 567 BY THE NOMINATING PANEL FOR THIS PURPOSE SHALL BE AT LEAST TWICE THE NUMBER OF MEMBERS TO BE APPOINTED, INCLUDING AT LEAST TWO WHO 568 RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT IN THE MUNICIPAL 569 CORPORATION CONTAINING THE GREATEST PORTION OF THE DISTRICT'S 570 TERRITORY. Sec. 3311.72. THIS SECTION DOES NOT APPLY TO ANY 572 PRINCIPAL, ASSISTANT PRINCIPAL, OR OTHER ADMINISTRATOR WHO IS 574 EMPLOYED TO PERFORM ADMINISTRATIVE FUNCTIONS PRIMARILY WITHIN ONE 575 SCHOOL BUILDING. (A) ON THE EFFECTIVE DATE OF THE ASSUMPTION OF CONTROL OF 578 THE SCHOOL DISTRICT BY THE NEW BOARD OF EDUCATION PURSUANT TO 579 DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, THE 581 TREASURER, BUSINESS MANAGER, SUPERINTENDENT, ASSISTANT 582 SUPERINTENDENTS, AND OTHER ADMINISTRATORS OF THE SCHOOL DISTRICT 583 SHALL SUBMIT THEIR RESIGNATIONS TO THE BOARD. AS USED IN THIS 584 SECTION, "OTHER ADMINISTRATOR" HAS THE SAME MEANING AS IN SECTION 585 3319.02 OF THE REVISED CODE. 586 (B) NOTWITHSTANDING CHAPTER 3319. OF THE REVISED CODE: 588 (1)(a) UNTIL THIRTY MONTHS AFTER THE DATE OF THE 590 ASSUMPTION OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT BY A BOARD 592 PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE REVISED CODE, 593 THE MAYOR SHALL APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY 16 VACANCIES OCCURRING IN THAT POSITION. 594 (b) AFTER THE BOARD APPOINTED PURSUANT TO DIVISION (B) OF 597 SECTION 3311.71 OF THE REVISED CODE HAS BEEN IN CONTROL OF A 599 MUNICIPAL SCHOOL DISTRICT FOR THIRTY MONTHS, THE MAYOR SHALL 601 APPOINT THE CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT POSITION, WITH THE CONCURRENCE OF THE BOARD. 602 (2) AFTER THE FIRST DATE OF THE ASSUMPTION OF CONTROL OF A 604 MUNICIPAL SCHOOL DISTRICT BY A BOARD PURSUANT TO DIVISION (F) OF 605 SECTION 3311.71 OF THE REVISED CODE, THE BOARD SHALL APPOINT THE 607 CHIEF EXECUTIVE OFFICER AND FILL ANY VACANCIES OCCURRING IN THAT 608 POSITION, WITH THE CONCURRENCE OF THE MAYOR. (3) AN INDIVIDUAL APPOINTED TO THE POSITION OF CHIEF 610 EXECUTIVE OFFICER DESCRIBED IN DIVISION (B)(1) OR (2) OF THIS 611 SECTION SHALL HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT 612 INCLUDES SUCH TERMS AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE 613 TO THE BOARD AND THE APPOINTEE, EXCEPT THAT EACH SUCH CONTRACT 615 SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE INDIVIDUAL 616 CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE INDIVIDUAL 617 WILL SERVE AT THE PLEASURE OF THE BOARD, WITH THE MAYOR'S CONCURRENCE REQUIRED FOR REMOVAL. 618 (C) THE CHIEF EXECUTIVE OFFICER SHALL APPOINT A CHIEF 620 FINANCIAL OFFICER, A CHIEF ACADEMIC OFFICER, A CHIEF OPERATING 621 OFFICER, AND A CHIEF COMMUNICATIONS OFFICER AND ANY OTHER 622 ADMINISTRATORS FOR THE DISTRICT AS THE CHIEF EXECUTIVE OFFICER 623 SHALL DETERMINE TO BE NECESSARY. THE CHIEF EXECUTIVE OFFICER 624 SHALL ALSO APPOINT AN OMBUDSPERSON WHO SHALL ANSWER QUESTIONS AND SEEK TO RESOLVE PROBLEMS AND CONCERNS RAISED BY PARENTS AND 625 GUARDIANS OF CHILDREN ATTENDING DISTRICT SCHOOLS. 626 A MUNICIPAL SCHOOL DISTRICT IS NOT REQUIRED TO HAVE A 628 SUPERINTENDENT APPOINTED PURSUANT TO SECTION 3319.01 OF THE 629 REVISED CODE OR A TREASURER ELECTED PURSUANT TO SECTION 3313.22 630 OF THE REVISED CODE. IN ADDITION TO THE RIGHTS, AUTHORITY AND DUTIES CONFERRED UPON THE CHIEF EXECUTIVE OFFICER AND CHIEF 631 FINANCIAL OFFICER IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED 632 17 CODE, THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL OFFICER 633 SHALL HAVE ALL OF THE RIGHTS, AUTHORITY AND DUTIES CONFERRED UPON 634 THE SUPERINTENDENT OF A SCHOOL DISTRICT AND THE TREASURER OF A BOARD OF EDUCATION, RESPECTIVELY, BY THE REVISED CODE THAT ARE 635 NOT INCONSISTENT WITH SECTIONS 3311.71 TO 3311.76 OF THE REVISED 636 CODE. (D) NOTWITHSTANDING CHAPTERS 124. AND 3319. OF THE REVISED 638 CODE, AN INDIVIDUAL APPOINTED TO AN ADMINISTRATIVE POSITION IN A 639 MUNICIPAL SCHOOL DISTRICT BY ITS CHIEF EXECUTIVE OFFICER SHALL 640 HAVE A CONTRACT WITH THE SCHOOL DISTRICT THAT INCLUDES SUCH TERMS 642 AND CONDITIONS OF EMPLOYMENT AS ARE AGREEABLE TO THE CHIEF EXECUTIVE OFFICER AND THE APPOINTEE, EXCEPT THAT EACH SUCH 643 CONTRACT SHALL CONTAIN A PROVISION STATING THAT, UNLESS THE 644 APPOINTEE CHOOSES TO TERMINATE THE CONTRACT AT A PRIOR TIME, THE 645 APPOINTEE WILL SERVE AT THE PLEASURE OF THE CHIEF EXECUTIVE 646 OFFICER. (E) THE CHIEF EXECUTIVE OFFICER SHALL ALSO CONTRACT FOR OR 648 EMPLOY SUCH CONSULTANTS, COUNSEL, OR OTHER OUTSIDE PARTIES AS IN 649 THE CHIEF EXECUTIVE OFFICER'S REASONABLE JUDGMENT SHALL BE 650 NECESSARY TO DESIGN, IMPLEMENT, OR EVALUATE THE PLAN REQUIRED BY 651 SECTION 3311.74 OF THE REVISED CODE AND TO PROPERLY OPERATE THE SCHOOL DISTRICT, SUBJECT TO APPROPRIATIONS BY THE BOARD. 652 (F) NOTWITHSTANDING SECTION 3301.074 AND CHAPTER 3319. OF 655 THE REVISED CODE, NO PERSON APPOINTED UNDER THIS SECTION SHALL BE REQUIRED TO HOLD ANY LICENSE, CERTIFICATE, OR PERMIT. 656 Sec. 3311.73. (A) AT THE GENERAL ELECTION HELD IN THE 658 FIRST EVEN-NUMBERED YEAR OCCURRING AT LEAST FOUR YEARS AFTER THE 660 DATE THE NEW BOARD ASSUMED OF CONTROL OF A MUNICIPAL SCHOOL DISTRICT PURSUANT TO DIVISION (B) OF SECTION 3311.71 OF THE 662 REVISED CODE, THE FOLLOWING QUESTION SHALL BE SUBMITTED TO THE 663 ELECTORS RESIDING IN THE SCHOOL DISTRICT: "SHALL THE MAYOR OF .....(HERE INSERT THE NAME OF THE 665 APPLICABLE MUNICIPAL CORPORATION)..... CONTINUE TO APPOINT THE 666 MEMBERS OF THE BOARD OF EDUCATION OF THE .....(HERE INSERT THE 667 18 NAME OF THE MUNICIPAL SCHOOL DISTRICT).....?" 668 THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE MAJORITY 670 OF THE SCHOOL DISTRICT'S TERRITORY IS LOCATED SHALL MAKE ALL 671 NECESSARY ARRANGEMENTS FOR THE SUBMISSION OF THE QUESTION TO THE 672 ELECTORS, AND THE ELECTION SHALL BE CONDUCTED, CANVASSED, AND 673 CERTIFIED IN THE SAME MANNER AS REGULAR ELECTIONS IN THE DISTRICT 675 FOR THE ELECTION OF COUNTY OFFICERS, PROVIDED THAT IN ANY SUCH 676 ELECTION IN WHICH ONLY PART OF THE ELECTORS OF A PRECINCT ARE 677 QUALIFIED TO VOTE, THE BOARD OF ELECTIONS MAY ASSIGN VOTERS IN 678 SUCH PART TO AN ADJOINING PRECINCT. SUCH AN ASSIGNMENT MAY BE 679 MADE TO AN ADJOINING PRECINCT IN ANOTHER COUNTY WITH THE CONSENT 680 AND APPROVAL OF THE BOARD OF ELECTIONS OF SUCH OTHER COUNTY. 681 NOTICE OF THE ELECTION SHALL BE PUBLISHED IN A NEWSPAPER OF 682 GENERAL CIRCULATION IN THE SCHOOL DISTRICT ONCE A WEEK FOR THREE 683 CONSECUTIVE WEEKS PRIOR TO THE ELECTION STATING THE QUESTION ON 684 WHICH THE ELECTION IS BEING HELD. THE BALLOT SHALL BE IN THE 685 FORM PRESCRIBED BY THE SECRETARY OF STATE. 686 (B) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 688 IN DIVISION (A) OF THIS SECTION APPROVE THE QUESTION, THE MAYOR 689 SHALL APPOINT A NEW BOARD ON THE IMMEDIATELY FOLLOWING FIRST DAY 690 OF JULY PURSUANT TO DIVISION (F) OF SECTION 3311.71 OF THE 691 REVISED CODE. 692 (C) IF A MAJORITY OF ELECTORS VOTING ON THE ISSUE PROPOSED 695 IN DIVISION (A) OF THIS SECTION DISAPPROVE THE QUESTION, A NEW 697 SEVEN-MEMBER BOARD OF EDUCATION SHALL BE ELECTED AT THE NEXT 698 REGULAR ELECTION OCCURRING IN NOVEMBER OF AN ODD-NUMBERED YEAR. 699 AT SUCH ELECTION, FOUR MEMBERS SHALL BE ELECTED FOR TERMS OF FOUR 700 YEARS AND THREE MEMBERS SHALL BE ELECTED FOR TERMS OF TWO YEARS. 701 THEREAFTER, THEIR SUCCESSORS SHALL BE ELECTED IN THE SAME MANNER 702 AND FOR THE SAME TERMS AS MEMBERS OF BOARDS OF EDUCATION OF A 703 CITY SCHOOL DISTRICT. ALL MEMBERS OF THE BOARD OF EDUCATION OF A 705 MUNICIPAL SCHOOL DISTRICT APPOINTED PURSUANT TO DIVISION (B) OF 706 SECTION 3311.71 OF THE REVISED CODE SHALL CONTINUE TO SERVE AFTER 708 THE END OF THE TERMS TO WHICH THEY WERE APPOINTED UNTIL THEIR 709 19 SUCCESSORS ARE QUALIFIED AND ASSUME OFFICE IN ACCORDANCE WITH 710 SECTION 3313.09 OF THE REVISED CODE. Sec. 3311.74. THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL 712 SCHOOL DISTRICT SHALL DEVELOP, IMPLEMENT, AND REGULARLY UPDATE A 713 PLAN TO MEASURE STUDENT ACADEMIC PERFORMANCE AT EACH SCHOOL 715 WITHIN THE DISTRICT. WHERE MEASUREMENTS DEMONSTRATE THAT 716 STUDENTS IN PARTICULAR SCHOOLS ARE NOT ACHIEVING, OR ARE NOT 717 IMPROVING THEIR ACHIEVEMENT LEVELS AT AN ACCEPTABLE RATE, THE 718 PLAN SHALL CONTAIN PROVISIONS REQUIRING THE CHIEF EXECUTIVE 719 OFFICER, WITH THE CONCURRENCE OF THE BOARD, TO TAKE CORRECTIVE 720 ACTION WITHIN THOSE SCHOOLS. ANNUALLY THE CHIEF EXECUTIVE OFFICER SHALL ISSUE A REPORT 722 TO RESIDENTS OF THE DISTRICT THAT INCLUDES RESULTS OF ACHIEVEMENT 723 MEASUREMENTS MADE UNDER THIS SECTION AND DELINEATES THE NATURE OF 725 ANY REFORMS AND CORRECTIVE ACTIONS BEING TAKEN IN RESPONSE TO ANY 726 FAILURE TO ACHIEVE AT AN ACCEPTABLE LEVEL OR RATE. THE REPORT SHALL ALSO CONTAIN DESCRIPTIONS OF EFFORTS UNDERTAKEN TO IMPROVE 727 THE OVERALL QUALITY OR EFFICIENCY OF OPERATION OF THE DISTRICT, 728 SHALL LIST THE SOURCE OF ALL DISTRICT REVENUES, AND SHALL CONTAIN 729 A DESCRIPTION OF ALL DISTRICT EXPENDITURES DURING THE PRECEDING 730 FISCAL YEAR. 731 Sec. 3311.75. (A) A BOARD OF EDUCATION APPOINTED BY THE 733 MAYOR PURSUANT TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE 735 REVISED CODE SHALL HAVE NO RIGHT, TITLE, OR INTEREST IN THE FUNDS 736 OR PROPERTY OF ANY MUNICIPAL CORPORATION. THE BUDGETS OF THE MUNICIPAL SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION SHALL BE 737 ESTIMATED, PLANNED, AND FINANCED SEPARATELY. AT NO TIME SHALL 738 ANY FUNDS OF THE SCHOOL DISTRICT AND THE MUNICIPAL CORPORATION BE 739 COMMINGLED IN ANY MANNER AND ALL SCHOOL DISTRICT FUNDS AND 740 ACCOUNTS SHALL BE MAINTAINED AND ACCOUNTED FOR TOTALLY 741 INDEPENDENTLY OF ANY FUNDS AND ACCOUNTS OF THE MUNICIPAL 742 CORPORATION. (B) THE BOARD OF A MUNICIPAL SCHOOL DISTRICT SHALL ADOPT 745 AND FOLLOW PROCEDURES FOR THE AWARD OF ALL CONTRACTS FOR SUPPLIES 20 OR SERVICES INVOLVING THE EXPENDITURE OF FIFTY THOUSAND DOLLARS 746 OR MORE IN ANY ONE FISCAL YEAR AFTER A COMPETITIVE BID OR REQUEST 748 FOR PROPOSAL PROCESS. THIS DIVISION IS SUPPLEMENTAL TO SECTION 749 3313.46 OF THE REVISED CODE. THIS DIVISION DOES NOT APPLY TO 751 CONTRACTS OF EMPLOYMENT OR TO CONTRACTS FOR PROFESSIONAL 752 SERVICES; TO CONTRACTS FOR THE SECURITY AND PROTECTION OF SCHOOL 753 PROPERTY; IN CASES OF URGENT NECESSITY AS DETERMINED BY 754 TWO-THIRDS VOTE OF THE BOARD; OR IN ANY OF THE SITUATIONS 755 DESCRIBED IN DIVISION (B) OF SECTION 3313.46 OF THE REVISED CODE 757 TO WHICH THE BID PROCESS OF DIVISION (A) OF THAT SECTION DOES NOT 759 APPLY. Sec. 3311.76. (A) NOTWITHSTANDING CHAPTERS 3302. AND 761 3317. OF THE REVISED CODE, UPON WRITTEN REQUEST OF THE DISTRICT 762 CHIEF EXECUTIVE OFFICER THE STATE SUPERINTENDENT OF PUBLIC 763 INSTRUCTION MAY EXEMPT A MUNICIPAL SCHOOL DISTRICT FROM ANY RULES 764 ADOPTED UNDER TITLE XXXIII OF THE REVISED CODE EXCEPT FOR ANY 765 RULE ADOPTED UNDER CHAPTER 3307. OR 3309., SECTIONS 3319.07 TO 766 3319.21, OR CHAPTER 3323. OF THE REVISED CODE, AND MAY AUTHORIZE A MUNICIPAL SCHOOL DISTRICT TO APPLY FUNDS ALLOCATED TO THE 767 DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE, EXCEPT THOSE 768 SPECIFICALLY ALLOCATED TO PURPOSES OTHER THAN CURRENT EXPENSES, 769 TO THE PAYMENT OF DEBT CHARGES ON THE DISTRICT'S PUBLIC 770 OBLIGATIONS. THE REQUEST MUST SPECIFY THE PROVISIONS FROM WHICH THE DISTRICT IS SEEKING EXEMPTION OR THE APPLICATION REQUESTED 771 AND THE REASONS FOR THE REQUEST. THE STATE SUPERINTENDENT SHALL 772 APPROVE THE REQUEST IF THE SUPERINTENDENT FINDS THE REQUESTED 773 EXEMPTION OR APPLICATION IS IN THE BEST INTEREST OF THE 774 DISTRICT'S STUDENTS. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE REQUEST WITHIN THIRTY DAYS AND SHALL NOTIFY THE 775 DISTRICT BOARD AND THE DISTRICT CHIEF EXECUTIVE OFFICER OF 776 APPROVAL OR REASONS FOR DISAPPROVING THE REQUEST. 777 (B) IN ADDITION TO THE RIGHTS, AUTHORITY, AND DUTIES 779 CONFERRED UPON A MUNICIPAL SCHOOL DISTRICT AND ITS BOARD OF 780 EDUCATION IN SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, A 781 21 MUNICIPAL SCHOOL DISTRICT AND ITS BOARD SHALL HAVE ALL OF THE 782 RIGHTS, AUTHORITY, AND DUTIES CONFERRED UPON A CITY SCHOOL 784 DISTRICT AND ITS BOARD BY LAW THAT ARE NOT INCONSISTENT WITH 785 SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE. 786 Sec. 3311.77. (A) WITHIN SIXTY DAYS OF THE INITIAL 788 CONVENING OF THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL AS 789 REQUIRED BY DIVISION (C) OF SECTION 3311.71 OF THE REVISED CODE, 791 THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL ESTABLISH 792 THE COMMUNITY OVERSIGHT COMMITTEE TO REVIEW AND EVALUATE THE 793 MAYORAL APPOINTMENT SCHOOL GOVERNANCE PLAN FOR ANY MUNICIPAL 794 SCHOOL DISTRICT AS REQUIRED BY SECTIONS 3311.71 TO 3311.76 OF THE 795 REVISED CODE. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ACT, 797 AND EACH YEAR THEREAFTER, THE COMMITTEE SHALL SUBMIT A WRITTEN REPORT TO THE FINANCE COMMITTEE OF EACH HOUSE OF THE GENERAL 798 ASSEMBLY. THE REPORT SHALL ADDRESS THE FINANCIAL, OPERATIONAL, 799 ACADEMIC, COMMUNITY, AND OTHER RELEVANT ISSUES INVOLVING THE 801 SCHOOL DISTRICT AS A RESULT OF THE IMPLEMENTATION OF THE MAYORAL 803 APPOINTMENT SCHOOL GOVERNANCE PLAN. COMMUNITY OVERSIGHT COMMITTEE MEMBERS SHALL TESTIFY BEFORE THE FINANCE COMMITTEE OF 804 EITHER HOUSE OF THE GENERAL ASSEMBLY CONCERNING THE COMMITTEE'S 806 REPORT IF SO REQUESTED TO DO SO BY THE CHAIRPERSON OF EITHER 808 FINANCE COMMITTEE. (B) THE COMMUNITY OVERSIGHT COMMITTEE SHALL CONSIST OF 811 FIFTEEN MEMBERS. MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL, WHICH SHALL ALSO 812 DESIGNATE ONE MEMBER OF THE COMMITTEE AS THE CHAIRPERSON. THE 813 MEMBERS SHALL BE APPOINTED TO FOUR-YEAR TERMS, EACH TERM 814 BEGINNING ON THE FIRST DAY OF JANUARY. THE CHIEF EXECUTIVE 815 OFFICER OF THE MUNICIPAL SCHOOL DISTRICT, APPOINTED IN ACCORDANCE 816 WITH SECTION 3311.72 OF THE REVISED CODE, SHALL SERVE AS A 818 NONVOTING MEMBER OF THE COMMITTEE. NO INDIVIDUAL SHALL BE APPOINTED TO THE COMMITTEE UNLESS THE INDIVIDUAL RESIDES IN AND 819 IS A PARENT OR GUARDIAN OF A CHILD ATTENDING A PUBLIC SCHOOL IN 820 THE MUNICIPAL SCHOOL DISTRICT. AN INDIVIDUAL CAN BE APPOINTED TO 822 22 SERVE MULTIPLE TERMS. (C) MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT 824 COMPENSATION AND SHALL BE SUBJECT TO REMOVAL BY THE NOMINATING 825 PANEL FOR CAUSE. 826 (D) THE COMMITTEE SHALL END AT SUCH TIME AS THE MAYORAL 829 APPOINTMENT GOVERNANCE PLAN, AS REQUIRED BY SECTIONS 3311.71 TO 3311.76 OF THE REVISED CODE, IS DISCONTINUED WITHIN THE MUNICIPAL 831 SCHOOL DISTRICT BY ANY MEANS OF LAW OR COURT ORDER. 832 Sec. 3313.02. Notwithstanding division (D) of section 841 3311.19 and division (D) of section 3311.52 of the Revised Code, 842 this section and sections 3313.03 to 3313.09 of the Revised Code 843 do not apply to a joint vocational or cooperative education 844 school district. THIS SECTION DOES NOT APPLY TO A MUNICIPAL 845 SCHOOL DISTRICT WHOSE BOARD MEMBERS ARE APPOINTED PURSUANT TO 846 DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE. 847 In city school districts containing, according to the last 849 federal census, a population of less than fifty thousand persons, 850 the board of education shall consist of not less than three nor 851 more than five members elected at large by the qualified electors 852 of such district. 853 In city school districts containing, according to the last 855 federal census, a population of fifty thousand or more, but less 856 than one hundred fifty thousand persons, the board shall consist 857 of not less than two nor more than seven members elected at large 858 and not more than two members elected from subdistricts by the 859 qualified electors of their respective subdistricts. 860 In city school districts containing, according to the last 862 federal census, a population of one hundred fifty thousand 863 persons or more, the board shall consist of not less than five 864 nor more than seven members elected at large by the qualified 865 electors of such district. 866 Sec. 3313.04.IfTHIS SECTION AND SECTIONS 3313.05 TO 875 3313.08 OF THE REVISED CODE DO NOT APPLY TO ANY MUNICIPAL SCHOOL 876 DISTRICT UNTIL AFTER THE REFERENDUM REQUIRED IN SUCH DISTRICT BY 877 23 SECTION 3311.73 OF THE REVISED CODE. IF, at any time, a petition signed by ten per cent of the 880 electors in any city district is filed with the treasurer of the 881 board of education of such district asking that the question, 882 "what shall be the number of members and what shall be the 883 organization of the board of education of such district," be 884 submitted to the electors thereof, such board of education shall 885 within thirty days after the filing of such petition provide by 886 resolution for submitting such question to the electors of such 887 district. Such question shall not be submitted to a referendum 888 vote more than once in any period of four years and the 889 percentage of electors required to sign such petition shall be 890 based upon the total vote cast at the most recent regular 892 municipal election. Said resolution shall require that such question be 894 submitted at the next regular municipal election and shall also 895 provide for the appointment of a commission to frame two or more 896 plans of organization for submission. Except as otherwise 897 provided in this section, the commission shall consist of seven 898 members, three of whom shall be appointed by the president of the 899 board of education of such district, two by the mayor of the city 900 in which such district is located, and two by the president of 901 the board of sinking fund trustees of such city. If a city does 902 not have a board of sinking fund trustees, the city treasurer or 903 the officer who exercises the functions of a treasurer shall 904 appoint two members. 905 When a school district has territory in more than one city, 907 the commission shall consist of three members appointed by the 908 president of the board of education, one member appointed by the 909 mayor of each city in which the district has territory, and one 910 member appointed by the president of the board of sinking fund 911 trustees of each such city. If any city does not have a board of 912 sinking fund trustees, that city's treasurer or the officer who 913 exercises the functions of a treasurer shall appoint one member. 914 24 A certified copy of said resolution shall immediately after 916 its passage be transmitted to the mayor and president of the 917 board of sinking fund trustees of the city or cities in which the 918 district has territory, and such commission shall be appointed 919 and shall organize within sixty days after the passage of said 920 resolution. 921 Sec. 3313.11. Notwithstanding division (D) of section 930 3311.19 and division (D) of section 3311.52 of the Revised Code, 931 this section does not apply to any joint vocational or 932 cooperative education school district. 933 A vacancy in any board of education may be caused by death, 935 nonresidence, resignation, removal from office, failure of a 936 person elected or appointed to qualify within ten days after the 937 organization of the board or ofhisappointment or election, 938 removal from the district, or absence from meetings of the board 939 for a period of ninety days, if such absence is caused by reasons 940 declared insufficient by a two-thirds vote of the remaining 941 members of the board, which vote must be taken and entered upon 942 the records of the board not less than thirty days after such 943 absence.Any944 IF THE BOARD MEMBERS ARE SELECTED BY APPOINTMENT PURSUANT 946 TO DIVISION (B) OR (F) OF SECTION 3311.71 OF THE REVISED CODE, 947 THE APPOINTING AUTHORITY RESPONSIBLE FOR THE APPOINTMENT SHALL 948 FILL ANY SUCH VACANCY BY APPOINTMENT OF AN INDIVIDUAL TO SERVE 949 THE REMAINDER OF THE UNEXPIRED TERM FROM A SLATE OF AT LEAST 950 THREE PERSONS PROPOSED BY THE MUNICIPAL SCHOOL DISTRICT NOMINATING PANEL ESTABLISHED UNDER THAT SECTION. IF THE MEMBER 952 CREATING THE VACANCY RESIDES IN A MUNICIPAL SCHOOL DISTRICT BUT 953 NOT IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION 954 OF THE DISTRICT'S TERRITORY, THE INDIVIDUALS INCLUDED ON SUCH 955 SLATE SHALL ALSO RESIDE IN THE MUNICIPAL SCHOOL DISTRICT BUT NOT 956 IN THE MUNICIPAL CORPORATION CONTAINING THE GREATEST PORTION OF 957 THE DISTRICT'S TERRITORY. 958 IF THE BOARD MEMBERS ARE SELECTED BY ELECTION, THE BOARD 960 25 SHALL FILL ANY such vacancyshall be filled by the boardat its 961 next regular or special meeting, not earlier than ten days after 962 such vacancy occurs. A majority vote of all the remaining 963 members of the board may fill any such vacancy. Immediately 964 after such a vote, the treasurer of the board of education shall 965 give written notice to the board of elections responsible for 966 conducting elections for that school district that a vacancy has 967 been filled, and the name of the person appointed to fill the 968 vacancy. Each person selected by the board or probate court to 969 fill a vacancy shall hold office for the shorter of the following 970 periods: until the completion of the unexpired term, or until 971 the first day of January immediately following the next regular 972 board of education election taking place more than ninety days 973 after a person is selected by the board or probate court to fill 974 the vacancy. At that election, a special election to fill the 975 vacancy shall be held in accordance with laws controlling regular 976 elections for board of education members, except that no such 977 special election shall be held if the unexpired term ends on or 978 before the first day of January immediately following that 979 regular board of education election. The term of a person chosen 980 at a special election under this section shall begin on the first 981 day of January immediately following the election, andheTHE 982 PERSON shall serve for the remainder of the unexpired term. 983 Whenever the need for a special election under this section 984 becomes known, the board of education shall immediately give 985 written notice of this fact to the board of elections responsible 986 for conducting the regular board of education election for that 987 school district. The term of a board of education member shall not be 989 lengthened byhisTHE MEMBER'S resignation and subsequent 990 selection by the board or probate court under this section. 991 Sec. 3313.70. No member of the board of education in any 1,000 district shall be eligible to the appointment of school 1,001 physician, school dentist, or school nurse during the period for 1,002 26 whichheTHE MEMBER is elected OR APPOINTED. 1,003 Sec. 3315.15. Any city, local, or exempted village board 1,012 of education may by resolution set aside each year from the 1,013 general fund a sum not to exceed two dollars for each child 1,014 enrolled in the district, or twenty thousand dollars, whichever 1,015 is greater. Any educational service center governing board may 1,017 by resolution set aside each year from the educational service 1,018 center fund a sum not to exceed twenty thousand dollars. The 1,019 amount set aside shall be placed in a fund known as the "service 1,020 fund," which shall be used only in paying the expenses of members 1,021 of such boards of education and educational service center 1,022 governing boards actually incurred in the performance of their 1,023 duties, or in paying the expenses ofmembers-electMEMBERS-TO-BE 1,024 of such boards actually incurred in training and orientation to 1,025 the performance of their duties from the date of election OR 1,026 APPOINTMENT to the date of administration of the oath of office. 1,027 Such payments shall be made only in such amount as may be 1,028 approved by the board on statement of the several members or 1,029members-electMEMBERS-TO-BE furnished at the next succeeding 1,030 regular meeting of such board. No board shall appropriate or expend a sum greater than sixty thousand dollars in any one 1,031 school year from such service fund. 1,032 Sec. 3316.06. (A) Within sixty days after the first 1,042 meeting of a school district financial planning and supervision commission, the commission shall adopt a financial recovery plan 1,043 regarding the school district for which the commission was 1,044 created. During the formulation of the plan, the commission 1,045 shall seek appropriate input from the school district board and 1,046 from the community. This plan shall contain the following: (1) Actions to be taken to: 1,048 (a) Eliminate all fiscal emergency conditions declared to 1,051 exist pursuant to division (B) of section 3316.03 of the Revised Code; (b) Satisfy any judgments, past due accounts payable, and 1,053 27 all past due and payable payroll and fringe benefits; 1,054 (c) Eliminate the deficits in all deficit funds; 1,056 (d) Restore to special funds any moneys from such funds 1,058 that were used for purposes not within the purposes of such 1,060 funds, or borrowed from such funds by the purchase of debt 1,061 obligations of the school district with the moneys of such funds, 1,062 or missing from the special funds and not accounted for, if any; 1,063 (e) Balance the budget, avoid future deficits in any 1,065 funds, and maintain on a current basis payments of payroll, 1,066 fringe benefits, and all accounts; 1,067 (f) Avoid any fiscal emergency condition in the future; 1,069 (g) Restore the ability of the school district to market 1,071 long-term general obligation bonds under provisions of law 1,072 applicable to school districts generally. 1,073 (2) The management structure that will enable the school 1,075 district to take the actions enumerated in division (A)(1) of 1,076 this section. The plan shall specify the level of fiscal and 1,077 management control that the commission will exercise within the 1,078 school district during the period of fiscal emergency, and shall 1,079 enumerate respectively, the powers and duties of the commission 1,080 and the powers and duties of the school board during that period. 1,081 The commission may elect to assume any of the powers and duties of the school board it considers necessary, including all powers 1,082 related to personnel, curriculum, and legal issues in order to 1,083 successfully implement the actions described in division (A)(1) 1,084 of this section. (3) The target dates for the commencement, progress upon, 1,087 and completion of the actions enumerated in division (A)(1) of 1,088 this section and a reasonable period of time expected to be 1,089 required to implement the plan. The commission shall prepare a reasonable time schedule for progress toward and achievement of 1,091 the requirements for the plan, and the plan shall be consistent 1,092 with that time schedule. (4) The amount and purpose of any issue of debt 1,094 28 obligations that will be issued, together with assurances that 1,095 any such debt obligations that will be issued will not exceed 1,096 debt limits supported by appropriate certifications by the fiscal 1,097 officer of the school district and the county auditor. If the 1,098 commission considers it necessary in order to maintain or improve 1,100 educational opportunities of pupils in the school district, the 1,101 plan may include a proposal to restructure or refinance 1,102 outstanding debt obligations incurred by the board contingent upon the approval, during the period of the fiscal emergency, by 1,103 district voters of a tax levied under section 718.09, 718.10, 1,104 5705.194, 5705.21, or 5748.02 of the Revised Code. 1,105 Notwithstanding any provision of Chapter 133. or sections 1,106 3313.483 through 3313.4811 of the Revised Code, FOLLOWING THE 1,107 REQUIRED APPROVAL OF THE DISTRICT VOTERS AND WITH THE APPROVAL OF 1,108 THE COMMISSION, THE SCHOOL DISTRICT MAY ISSUE SECURITIES TO EVIDENCE the restructuring or refinancing. THOSE SECURITIES may 1,110 extend the original period for repayment, and may alter the 1,111 frequency and amount of repayments, interest or other financing 1,112 charges, and other terms of agreements under which the debt originally was contracted, at the discretion of the commission, 1,113 provided that any loans received pursuant to section 3313.483 of 1,114 the Revised Code shall be paid from funds the district would 1,115 otherwise receive under sections 3317.022 to 3317.025 of the 1,116 Revised Code, as required under division (E)(3) of section 3313.483 of the Revised Code. 1,117 (B) Any financial recovery plan may be amended subsequent 1,119 to its adoption. 1,120 Sec. 3329.08. At any regular meeting, the board of 1,130 education of each local school district, from lists adopted by 1,131 the educational service center governing board, and the board of 1,132 education of each city and exempted village school district shall 1,133 determine by a majority vote of all members elected OR APPOINTED 1,134 which of such textbooks so filed shall be used in the schools 1,135 under its control. No textbooks shall be changed, nor any part 1,136 29 thereof altered or revised, nor any other textbook substituted 1,137 therefor, within four years after the date of selection and adoption thereof, as shown by the official records of such 1,138 boards, except by the consent, at a regular meeting, of 1,139 four-fifths of all members elected thereto. Books so substituted 1,140 shall be adopted for the full term of four years. 1,141 Section 2. That existing sections 102.02, 3313.02, 1,143 3313.04, 3313.11, 3313.70, 3315.15, 3316.06, and 3329.08 of the 1,144 Revised Code are hereby repealed. 1,145 Section 3. Section 102.02 of the Revised Code is presented 1,147 in this act as a composite of the section as amended by both Am. 1,149 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 1,151 letters. This is in recognition of the principle stated in 1,152 division (B) of section 1.52 of the Revised Code that such 1,153 amendments are to be harmonized where not substantively 1,154 irreconcilable and constitutes a legislative finding that such is 1,155 the resulting version in effect prior to the effective date of 1,156 this act.