As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   H. B. No. 26  5            

      1997-1998                                                    6            


     REPRESENTATIVES LUCAS-HAGAN-OPFER-HOOD-BENDER-MOTTLEY-        8            

                      PRINGLE-FOX-JACOBSON-                        9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 121.22, 145.012, 6115.10, 6115.20,  13           

                and 6115.65 and to enact sections 6115.103 and     14           

                6115.104 of the  Revised Code to alter the         16           

                composition and method of appointment of  the      17           

                members of the boards of directors of certain      18           

                existing sanitary districts organized to provide   19           

                a water supply for domestic, municipal, and        20           

                public use, and to limit the compensation paid     21           

                and benefits provided to board members.            23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.   That sections 121.22, 145.012, 6115.10,         27           

6115.20, and 6115.65 be amended and sections 6115.103 and          28           

6115.104 of the Revised Code be enacted to read as follows:        29           

      Sec. 121.22.  (A)  This section shall be liberally           38           

construed to require public officials to take official action and  39           

to conduct all deliberations upon official business only in open   40           

meetings, unless the subject matter is specifically excepted by    41           

law.                                                               42           

      (B)  As used in this section:                                44           

      (1)  "Public body" means either ANY of the following:        46           

      (a)  Any board, commission, committee, council, or similar   48           

decision-making body of a state agency, institution, or            49           

authority, and any legislative authority or board, commission,     50           

committee, council, agency, authority, or similar decision-making  52           

body of any county, township, municipal corporation, school        53           

                                                          2      

                                                                 
district, or other political subdivision or local public           54           

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    56           

division (B)(1)(a) of this section;                                57           

      (c)  A COURT OF JURISDICTION OF A SANITARY DISTRICT          59           

ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR   60           

DOMESTIC, MUNICIPAL, AND PUBLIC USE IN EXISTENCE PRIOR TO JANUARY  61           

1, 1997, WHEN MEETING FOR THE PURPOSE OF THE APPOINTMENT,          62           

REMOVAL, OR REAPPOINTMENT OF A MEMBER OF THE BOARD OF DIRECTORS    63           

OF SUCH A DISTRICT OR FOR ANY OTHER MATTER RELATED TO SUCH A       64           

DISTRICT OTHER THAN LITIGATION INVOLVING THE DISTRICT.  AS USED                 

IN DIVISION (B)(1)(c) OF THIS SECTION, "COURT OF JURISDICTION"     66           

HAS THE SAME MEANING AS "COURT" IN SECTION 6115.01 OF THE REVISED               

CODE.                                                                           

      (2)  "Meeting" means any prearranged discussion of the       68           

public business of the public body by a majority of its members.   69           

      (3)  "Regulated individual" means ANY OF THE FOLLOWING:      71           

      (a)  Any A student in a state or local public educational    73           

institution;                                                       74           

      (b)  Any A person who is, voluntarily or involuntarily, an   76           

inmate, patient, or resident of a state or local institution       77           

because of criminal behavior, mental illness or retardation,       78           

disease, disability, age, or other condition requiring custodial   79           

care.                                                              80           

      (C)  All meetings of any public body are declared to be      82           

public meetings open to the public at all times.  A member of a    83           

public body must be present in person at a meeting open to the     84           

public to be considered present or to vote at the meeting and for  85           

purposes of determining whether a quorum is present at the         86           

meeting.                                                           87           

      The minutes of a regular or special meeting of any public    90           

body shall be promptly prepared, filed, and maintained and shall   91           

be open to public inspection.  The minutes need only reflect the   92           

general subject matter of discussions in executive sessions        93           

                                                          3      

                                                                 
authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      95           

audit conference conducted by the auditor of state or independent  96           

certified public accountants with officials of the public office   97           

that is the subject of the audit, to the adult parole authority    98           

when its hearings are conducted at a correctional institution for  99           

the sole purpose of interviewing inmates to determine parole or    100          

pardon, to the organized crime investigations commission           101          

established under section 177.01 of the Revised Code, to the       102          

state medical board when determining whether to suspend a          103          

certificate without a prior hearing pursuant to division (D) of    104          

section 4731.22 of the Revised Code, to the board of nursing when  105          

determining whether to suspend a license without A prior hearing   106          

pursuant to division (B) of section 4723.181 of the Revised Code,  107          

or to the executive committee of the emergency response            108          

commission when determining whether to issue an enforcement order  109          

or request that a civil action, civil penalty action, or criminal  110          

action be brought to enforce Chapter 3750. of the Revised Code.    111          

      (E)  The controlling board, the development financing        113          

advisory council, the industrial technology and enterprise         114          

advisory council, the tax credit authority, or the minority        116          

development financing commission, when meeting to consider         117          

granting assistance pursuant to Chapter 122. or 166. of the        118          

Revised Code, in order to protect the interest of the applicant    119          

or the possible investment of public funds, by unanimous vote of   120          

all board, council, authority, or commission members present, may  122          

close the meeting during consideration of the following            123          

information confidentially received by the commission, authority,  124          

council, or board from the applicant:                              126          

      (1)  Marketing plans;                                        128          

      (2)  Specific business strategy;                             130          

      (3)  Production techniques and trade secrets;                132          

      (4)  Financial projections;                                  134          

      (5)  Personal financial statements of the applicant or       136          

                                                          4      

                                                                 
members of the applicant's immediate family, including, but not    137          

limited to, tax records or other similar information not open to   139          

public inspection.                                                 140          

      The vote by the commission, authority, council, or board to  142          

accept or reject the application, as well as all proceedings of    144          

the commission, authority, council, or board not subject to this   145          

division, shall be open to the public and governed by this         147          

section.                                                                        

      (F)  Every public body, by rule, shall establish a           149          

reasonable method whereby any person may determine the time and    150          

place of all regularly scheduled meetings and the time, place,     151          

and purpose of all special meetings.  A public body shall not      152          

hold a special meeting unless it gives at least twenty-four        153          

hours' advance notice to the news media that have requested        154          

notification, except in the event of an emergency requiring        155          

immediate official action.  In the event of an emergency, the      156          

member or members calling the meeting shall notify the news media  157          

that have requested notification immediately of the time, place,   158          

and purpose of the meeting.                                        159          

      The rule shall provide that any person, upon request and     162          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  163          

business is to be discussed.  Provisions for advance notification  164          

may include, but are not limited to, mailing the agenda of         165          

meetings to all subscribers on a mailing list or mailing notices   166          

in self-addressed, stamped envelopes provided by the person.       167          

      (G)  Except as provided in division (J) of this section,     170          

the members of a public body may hold an executive session only    171          

after a majority of a quorum of the public body determines, by a   172          

roll call vote, to hold an executive session and only at a         174          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     175          

      (1)  To consider the appointment, employment, dismissal,     177          

discipline, promotion, demotion, or compensation of a public       178          

                                                          5      

                                                                 
employee or official, or the investigation of charges or           179          

complaints against a public employee, official, licensee, or       180          

regulated individual, unless the public employee, official,        181          

licensee, or regulated individual requests a public hearing.       182          

Except as otherwise provided by law, no public body shall hold an  183          

executive session for the discipline of an elected official for    184          

conduct related to the performance of the elected official's       185          

official duties or for the elected official's removal from         187          

office.  If a public body holds an executive session pursuant to   189          

division (G)(1) of this section, the motion and vote to hold that  190          

executive session shall state which one or more of the approved    191          

purposes listed in division (G)(1) of this section are the         192          

purposes for which the executive session is to be held, but need   193          

not include the name of any person to be considered at the         194          

meeting.                                                                        

      (2)  To consider the purchase of property for public         196          

purposes, or for the sale of property at competitive bidding, if   197          

premature disclosure of information would give an unfair           198          

competitive or bargaining advantage to a person whose personal,    199          

private interest is adverse to the general public interest.  No    200          

member of a public body shall use this division (G)(2) OF THIS     202          

SECTION as a subterfuge for providing covert information to        204          

prospective buyers or sellers.  A purchase or sale of public       205          

property is void if the seller or buyer of the public property     206          

has received covert information from a member of a public body     207          

that has not been disclosed to the general public in sufficient    208          

time for other prospective buyers and sellers to prepare and       209          

submit offers.                                                                  

      If the minutes of the public body show that all meetings     211          

and deliberations of the public body have been conducted in        212          

compliance with this section, any instrument executed by the       213          

public body purporting to convey, lease, or otherwise dispose of   214          

any right, title, or interest in any public property shall be      215          

conclusively presumed to have been executed in compliance with     216          

                                                          6      

                                                                 
this section insofar as title or other interest of any bona fide   217          

purchasers, lessees, or transferees of the property is concerned.  218          

      (3)  Conferences with an attorney for the public body        220          

concerning disputes involving the public body that are the         221          

subject of pending or imminent court action;                       222          

      (4)  Preparing for, conducting, or reviewing negotiations    224          

or bargaining sessions with public employees concerning their      225          

compensation or other terms and conditions of their employment;    226          

      (5)  Matters required to be kept confidential by federal     228          

law or rules or state statutes;                                    229          

      (6)  Specialized details of security arrangements if         231          

disclosure of the matters discussed might reveal information that  232          

could be used for the purpose of committing, or avoiding           233          

prosecution for, a violation of the law.                           234          

      If a public body holds an executive session to consider any  236          

of the matters listed in divisions (G)(2) to (6) of this section,  237          

the motion and vote to hold that executive session shall state     238          

which one or more of the approved matters listed in those          239          

divisions are to be considered at the executive session.           240          

      A PUBLIC BODY SPECIFIED IN DIVISION (B)(1)(c) OF THIS        243          

SECTION SHALL NOT HOLD AN EXECUTIVE SESSION WHEN MEETING FOR THE                

PURPOSES SPECIFIED IN THAT DIVISION.                               244          

      (H)  A resolution, rule, or formal action of any kind is     246          

invalid unless adopted in an open meeting of the public body.  A   247          

resolution, rule, or formal action adopted in an open meeting      248          

that results from deliberations in a meeting not open to the       249          

public is invalid unless the deliberations were for a purpose      250          

specifically authorized in division (G) or (J) of this section     251          

and conducted at an executive session held in compliance with      252          

this section.  A resolution, rule, or formal action adopted in an  253          

open meeting is invalid if the public body that adopted the        254          

resolution, rule, or formal action violated division (F) of this   255          

section.                                                           256          

      (I)(1)  Any person may bring an action to enforce the        258          

                                                          7      

                                                                 
provisions of this section.  An action under this division (I)(1)  260          

OF THIS SECTION shall be brought within two years after the date   261          

of the alleged violation or threatened violation.  Upon proof of   262          

a violation or threatened violation of this section in an action   263          

brought by any person, the court of common pleas shall issue an    264          

injunction to compel the members of the public body to comply      265          

with its provisions.                                               266          

      (2)(a)  If the court of common pleas issues an injunction    268          

pursuant to division (I)(1) of this section, the court shall       269          

order the public body that it enjoins to pay a civil forfeiture    270          

of five hundred dollars to the party that sought the injunction    271          

and shall award to that party all court costs and, subject to      272          

reduction as described in this division (I)(2) OF THIS SECTION,    274          

reasonable attorney's fees.  The court, in its discretion, may     275          

reduce an award of attorney's fees to the party that sought the    276          

injunction or not award attorney's fees to that party if the       277          

court determines both of the following:                            278          

      (i)  That, based on the ordinary application of statutory    280          

law and case law as it existed at the time of violation or         281          

threatened violation that was the basis of the injunction, a       282          

well-informed public body reasonably would believe that the        283          

public body was not violating or threatening to violate this       284          

section;                                                           285          

      (ii)  That a well-informed public body reasonably would      287          

believe that the conduct or threatened conduct that was the basis  288          

of the injunction would serve the public policy that underlies     289          

the authority that is asserted as permitting that conduct or       290          

threatened conduct.                                                291          

      (b)  If the court of common pleas does not issue an          293          

injunction pursuant to division (I)(1) of this section and the     294          

court determines at that time that the bringing of the action was  295          

frivolous conduct, as defined in division (A) of section 2323.51   296          

of the Revised Code, the court shall award to the public body all  297          

court costs and reasonable attorney's fees, as determined by the   298          

                                                          8      

                                                                 
court.                                                             299          

      (3)  Irreparable harm and prejudice to the party that        301          

sought the injunction shall be conclusively and irrebuttably       302          

presumed upon proof of a violation or threatened violation of      303          

this section.                                                      304          

      (4)  A member of a public body who knowingly violates an     306          

injunction issued pursuant to division (I)(1) of this section may  307          

be removed from office by an action brought in the court of        308          

common pleas for that purpose by the prosecuting attorney or the   309          

attorney general.                                                  310          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   312          

Revised Code, a veterans service commission shall hold an          313          

executive session for one or more of the following purposes,       314          

unless an applicant requests a public hearing:                     315          

      (a)  Interviewing an applicant for financial assistance      317          

under sections 5901.01 to 5901.15 of the Revised Code.;            318          

      (b)  Discussing applications, statements, and other          320          

documents described in division (B) of section 5901.09 of the      321          

Revised Code.;                                                     322          

      (c)  Reviewing matters relating to an applicant's request    324          

for financial assistance under sections 5901.01 to 5901.15 of the  325          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      327          

applicant for, recipient of, or former recipient of financial      328          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  329          

and shall not exclude representatives selected by the applicant,   331          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   332          

applicant's, recipient's, or former recipient's application for    333          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   335          

or denial of financial assistance under sections 5901.01 to        336          

5901.15 of the Revised Code only in an open meeting of the         338          

commission.  The minutes of the meeting shall indicate the name,   339          

                                                          9      

                                                                 
address, and occupation of the applicant, whether the assistance   340          

was granted or denied, the amount of the assistance if assistance  341          

is granted, and the votes for and against the granting of          342          

assistance.                                                                     

      Sec. 145.012.  (A)  "Public employee," as defined in         351          

division (A) of section 145.01 of the Revised Code, does not       352          

include any person:                                                353          

      (1)  Who is employed by a private, temporary-help service    355          

and performs services under the direction of a public employer or  356          

is employed on a contractual basis as an independent contractor    357          

under a personal service contract with a public employer;          358          

      (2)  Who is an emergency employee serving on a temporary     360          

basis in case of fire, snow, earthquake, flood, or other similar   361          

emergency;                                                         362          

      (3)  Who is employed in a program established pursuant to    364          

the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29       365          

U.S.C.A. 1501;                                                     366          

      (4)  Who is an appointed member of either the motor vehicle  368          

salvage dealers board or the motor vehicle dealer's board whose    369          

rate and method of payment are determined pursuant to division     370          

(J) of section 124.15 of the Revised Code;                         371          

      (5)  Who is employed as an election worker and paid less     373          

than five hundred dollars per calendar year for such THAT          374          

service;                                                           375          

      (6)  Who is employed as a firefighter in a position          377          

requiring satisfactory completion of a firefighter training        379          

course approved under former section 3303.07 or section 4765.55    382          

of the Revised Code or conducted under section 3737.33 of the      383          

Revised Code except for EITHER OF the following:                   384          

      (a)  Any firefighter who has elected under section 145.013   387          

of the Revised Code to remain a contributing member of the public  388          

employees retirement system;                                       389          

      (b)  Any firefighter who was eligible to transfer from the   392          

public employees retirement system to the police and firemen's                  

                                                          10     

                                                                 
disability and pension fund under section 742.51 or 742.515 of     393          

the Revised Code and did not elect to transfer.                    394          

      (7)  Who is a member of the board of health of a city or     396          

general health district, which pursuant to sections 3709.051 and   397          

3709.07 of the Revised Code includes a combined health district,   398          

and whose compensation for attendance at meetings of the board is  399          

set forth in division (B) of section 3709.02 or division (B) of    400          

section 3709.05 of the Revised Code, as appropriate;                            

      (8)  WHO IS A MEMBER OF THE BOARD OF DIRECTORS OF A          402          

SANITARY DISTRICT ESTABLISHED UNDER CHAPTER 6115. OF THE REVISED   403          

CODE.                                                                           

      (B)  No inmate of a correctional institution operated by     406          

the department of rehabilitation and correction, no patient in a   407          

hospital for the mentally ill or criminally insane operated by     408          

the department of mental health, no resident in an institution     409          

for the mentally retarded operated by the department of mental     410          

retardation and developmental disabilities, no resident admitted   411          

as a patient of the Ohio veterans' home at Sandusky, and no        412          

resident of a county home shall be considered as a public                       

employee for the purpose of establishing membership or             413          

calculating service credit or benefits under this chapter.         414          

Nothing in this section DIVISION shall be construed to affect any  416          

service credit attained by any person who was a public employee    417          

before becoming an inmate, patient, or resident at any             418          

institution listed in this section DIVISION, or the payment of     419          

any benefit for which such a person or the person's beneficiaries  421          

would otherwise WOULD be eligible.                                 423          

      Sec. 6115.10.  Within thirty days after entering the decree  425          

incorporating a sanitary district, providing the district is       426          

wholly within one county, the court shall appoint one person who   427          

shall be a resident freeholder ELECTOR within the district as a    429          

director of the district for a term of five years from the date                 

of his THE PERSON'S appointment.  If the district is composed of   430          

more than one county or part thereof, each county is entitled to   432          

                                                          11     

                                                                 
one director who shall be a resident freeholder ELECTOR of that    433          

county.  In no event shall there be more than one director for     435          

each county.  The EXCEPT AS OTHERWISE PROVIDED IN SECTION                       

6115.103 OF THE REVISED CODE, THE court shall fill all vacancies   436          

which THAT occur in the office of director.  However, the board    438          

of directors of a sanitary district organized after the effective  439          

date of this amendment OCTOBER 9, 1981, wholly for the reduction   442          

of populations of biting arthropods shall be composed and                       

appointed in accordance with section 6115.101 of the Revised       443          

Code, AND THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED  444          

WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC,   445          

MUNICIPAL, AND PUBLIC USE THAT WAS IN EXISTENCE PRIOR TO JANUARY   446          

1, 1997, AND THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO       447          

COUNTIES SHALL BE COMPOSED AND APPOINTED IN ACCORDANCE WITH        448          

SECTION 6115.103 OF THE REVISED CODE.                                           

      Sec. 6115.103.  (A)  THE BOARD OF DIRECTORS OF A SANITARY    450          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     452          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT WAS IN         453          

EXISTENCE PRIOR TO JANUARY 1, 1997, AND THAT INCLUDES TWO                       

MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE APPOINTED AS       454          

FOLLOWS:                                                                        

      (1)  TWO MEMBERS SHALL BE APPOINTED BY THE COURT AS          456          

PROVIDED IN SECTION 6115.10 OF THE REVISED CODE, EXCEPT THAT THE   458          

MEMBERS APPOINTED BY THE COURT SHALL RECEIVE THEIR WATER DIRECTLY  459          

OR INDIRECTLY FROM THE DISTRICT;                                                

      (2)  ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE    461          

OFFICER OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE       462          

DISTRICT;                                                                       

      (3)  ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE    464          

OFFICER OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE         465          

DISTRICT.                                                                       

      THE APPOINTMENT OF A MEMBER OF THE BOARD BY THE CHIEF        467          

EXECUTIVE OFFICER OF A MUNICIPAL CORPORATION SHALL BE APPROVED BY  468          

THE LEGISLATIVE AUTHORITY OF THAT MUNICIPAL CORPORATION.  A        469          

                                                          12     

                                                                 
PERSON APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF A MUNICIPAL     470          

CORPORATION SHALL BE A RESIDENT OF THAT MUNICIPAL CORPORATION.                  

      (B)  THE INITIAL TERMS OF THE MEMBERS OF THE BOARD OF        473          

DIRECTORS APPOINTED UNDER THIS SECTION SHALL BE AS FOLLOWS:        474          

      (1)  IN THE CASE OF THE MEMBER APPOINTED BY THE COURT WHO    476          

RESIDES IN THE MORE POPULOUS COUNTY THAT INCLUDES PART OF THE      477          

DISTRICT, ONE YEAR FROM THE DATE OF THE MEMBER'S APPOINTMENT;      479          

      (2)  IN THE CASE OF THE MEMBER APPOINTED BY THE COURT WHO    481          

RESIDES IN THE LESS POPULOUS COUNTY THAT INCLUDES PART OF THE      482          

DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S APPOINTMENT;     483          

      (3)  IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF        485          

EXECUTIVE OFFICER OF THE MORE POPULOUS MUNICIPAL CORPORATION       486          

INCLUDED IN THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S  487          

APPOINTMENT;                                                                    

      (4)  IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF        489          

EXECUTIVE OFFICER OF THE LESS POPULOUS MUNICIPAL CORPORATION       490          

INCLUDED IN THE DISTRICT, THREE YEARS FROM THE DATE OF THE         491          

MEMBER'S APPOINTMENT.                                                           

      THEREAFTER, TERMS OF OFFICE OF ALL MEMBERS OF THE BOARD      494          

SHALL BE THREE YEARS.  EACH MEMBER OF THE BOARD APPOINTED UNDER                 

THIS SECTION SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL  495          

THE END OF THE TERM FOR WHICH APPOINTED.  A VACANCY SHALL BE       496          

FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.  A MEMBER   498          

APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION      499          

DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED  500          

SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM.  A MEMBER SHALL  501          

CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE                     

MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR A       502          

PERIOD OF SIXTY DAYS ELAPSES, WHICHEVER OCCURS FIRST.  A MEMBER    503          

OF THE BOARD APPOINTED UNDER THIS SECTION MAY BE REAPPOINTED.  A   504          

MEMBER OF THE BOARD MAY BE REMOVED FOR CAUSE BY THE APPOINTING     505          

AUTHORITY THAT ORIGINALLY APPOINTED THE MEMBER.                                 

      (C)  THE APPOINTING AUTHORITIES DESIGNATED IN DIVISION (A)   508          

OF THIS SECTION SHALL APPOINT A NEW BOARD WITHIN EACH SANITARY     509          

                                                          13     

                                                                 
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     510          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT WAS IN         511          

EXISTENCE PRIOR TO JANUARY 1, 1997, AND THAT INCLUDES TWO          512          

MUNICIPAL CORPORATIONS IN TWO COUNTIES.  THE APPOINTING            513          

AUTHORITIES SHALL MAKE THEIR APPOINTMENTS WITHIN SIXTY DAYS OF                  

THE EFFECTIVE DATE OF THIS SECTION.  THE OFFICES OF THE MEMBERS    514          

OF THE BOARD OF SUCH A DISTRICT ARE HEREBY ABOLISHED UPON THE      515          

APPOINTMENT OF THE NEW MEMBERS OF THE BOARD AS REQUIRED BY THIS    517          

DIVISION.                                                                       

      (D)  THE APPOINTING AUTHORITIES SPECIFIED UNDER DIVISION     520          

(A) OF THIS SECTION SHALL ACCEPT AND CONSIDER ALL APPLICATIONS     521          

SUBMITTED BY PERSONS ELIGIBLE TO BE APPOINTED UNDER DIVISION (A)   522          

OF THIS SECTION.                                                                

      (E)  IN ADDITION TO THE REQUIREMENTS SET FORTH IN SECTION    524          

121.22 OF THE REVISED CODE, ANY COURT OF JURISDICTION MEETING IN   527          

REGARD TO THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER   528          

OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED WHOLLY  529          

FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC,                       

MUNICIPAL, AND PUBLIC USE THAT WAS IN EXISTENCE PRIOR TO JANUARY   531          

1, 1997, OR MEETING FOR ANY OTHER MATTER REGARDING SUCH A          532          

DISTRICT OTHER THAN LITIGATION INVOLVING THE DISTRICT SHALL KEEP   533          

A WRITTEN TRANSCRIPT OF THE MEETING AND SHALL MAKE THE TRANSCRIPT               

AVAILABLE TO THE PUBLIC UPON REQUEST.                              534          

      Sec. 6115.104.  (A)  WITH RESPECT TO A SANITARY DISTRICT     537          

ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR   538          

DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT WAS IN EXISTENCE PRIOR                 

TO JANUARY 1, 1997, AND THAT INCLUDES TWO MUNICIPAL CORPORATIONS   540          

IN TWO COUNTIES, THERE SHALL BE APPOINTED, WITHIN SIXTY DAYS OF    541          

THE EFFECTIVE DATE OF THIS SECTION, A SANITARY DISTRICT ADVISORY   542          

COUNCIL.  THE COUNCIL SHALL CONSIST OF ONE MEMBER WHO USES WATER                

SUPPLIED DIRECTLY OR INDIRECTLY BY THE DISTRICT TO BE APPOINTED    543          

FROM EACH MUNICIPAL CORPORATION OR TOWNSHIP THAT RECEIVES ALL OR   544          

PART OF ITS WATER SUPPLY DIRECTLY OR INDIRECTLY FROM THE           546          

DISTRICT.  APPOINTMENTS TO THE COUNCIL SHALL BE MADE BY            548          

                                                          14     

                                                                 
RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL                        

CORPORATION OR THE TOWNSHIP, AS APPROPRIATE.  WITHIN TEN DAYS      549          

AFTER MAKING AN APPOINTMENT TO THE COUNCIL, THE APPOINTING         550          

AUTHORITY SHALL SUBMIT AN AUTHENTICATED COPY OF THE APPOINTMENT    551          

RESOLUTION TO THE CLERK OF THE COURT.                              552          

      (B)  IF A MUNICIPAL CORPORATION OR TOWNSHIP THAT, PRIOR TO   555          

THE EFFECTIVE DATE OF THIS SECTION, DID NOT RECEIVE ANY OF ITS     557          

WATER SUPPLY FROM A SANITARY DISTRICT DESCRIBED IN DIVISION (A)    558          

OF THIS SECTION BEGINS TO RECEIVE ALL OR PART OF ITS WATER SUPPLY  559          

EITHER DIRECTLY OR INDIRECTLY FROM SUCH A DISTRICT AND THE         561          

MUNICIPAL CORPORATION OR TOWNSHIP IS NOT REPRESENTED ON THE                     

ADVISORY COUNCIL OF THAT DISTRICT, THE GOVERNING BODY OF THE       562          

MUNICIPAL CORPORATION OR TOWNSHIP, WITHIN SIXTY DAYS AFTER IT      563          

BEGINS RECEIVING ALL OR PART OF ITS WATER SUPPLY FROM THE          564          

DISTRICT, SHALL APPOINT A REPRESENTATIVE TO THE COUNCIL.  IF A                  

MUNICIPAL CORPORATION OR TOWNSHIP THAT, ON THE EFFECTIVE DATE OF   565          

THIS SECTION, RECEIVES ALL OR PART OF ITS WATER SUPPLY FROM SUCH   566          

A DISTRICT CEASES TO RECEIVE ANY OF ITS WATER SUPPLY EITHER        568          

DIRECTLY OR INDIRECTLY FROM THE DISTRICT, THE MEMBER ON THE        569          

ADVISORY COUNCIL REPRESENTING THAT MUNICIPAL CORPORATION OR                     

TOWNSHIP SHALL NO LONGER SERVE ON THE COUNCIL.                     570          

      (C)  A MAJORITY OF THE COUNCIL CONSTITUTES A QUORUM, AND A   573          

CONCURRENCE OF THE MAJORITY IN ANY MATTER WITHIN THE COUNCIL'S     574          

DUTIES IS SUFFICIENT FOR ITS DETERMINATION.  THE COUNCIL SHALL                  

APPOINT ONE OF ITS MEMBERS AS CHAIRPERSON AND ONE MEMBER AS        575          

SECRETARY.  THE COUNCIL SHALL ADOPT BYLAWS GOVERNING ITS           576          

PROCEEDINGS.  THE COUNCIL SHALL MEET AT LEAST ONCE ANNUALLY AND    577          

SHALL MEET UPON THE CALL OF ITS CHAIRPERSON OR OF THE PRESIDENT    578          

OF THE BOARD OF DIRECTORS OF THE DISTRICT, OR WHENEVER A MAJORITY               

OF THE MEMBERS OF THE COUNCIL, BY PETITION FILED WITH THE          579          

CHAIRPERSON OF THE COUNCIL, REQUESTS A MEETING OF THE COUNCIL.     580          

THE CHAIRPERSON SHALL CALL A MEETING OF THE COUNCIL WITHIN THIRTY  581          

DAYS AFTER THE RECEIPT OF THE PETITION.                            582          

      (D)  THE COUNCIL SHALL DO BOTH OF THE FOLLOWING:             584          

                                                          15     

                                                                 
      (1)  ANNUALLY REVIEW AND EVALUATE THE RECEIPTS AND           586          

DISBURSEMENTS OF FUNDS BY THE BOARD OF DIRECTORS DURING THE        587          

PRECEDING CALENDAR YEAR;                                                        

      (2)  REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS TO THE       589          

BOARD OF DIRECTORS REGARDING THE OPERATION, POLICIES, PROGRAMS,    590          

AND IMPROVEMENTS OF THE DISTRICT.  THE BOARD SHALL CONSIDER ALL    591          

RECOMMENDATIONS MADE UNDER DIVISION (D)(2) OF THIS SECTION.        593          

      Sec. 6115.20.  When it is determined to let the work         602          

relating to the improvements for which a sanitary district was     603          

established by contract, contracts in amounts to exceed ten        604          

thousand dollars shall be advertised after notice calling for      605          

bids has been published once a week for five consecutive weeks     606          

completed on THE date of last publication, in at least one         607          

newspaper of general circulation within the sanitary district      608          

where the work is to be done.  The board of directors of the       609          

sanitary district may reject any bid and accept any remaining bid  610          

SHALL LET BIDS as provided in this section or, if applicable,      612          

section 9.312 of the Revised Code, or may advertise for other      613          

bids.  If the board advertises for other bids, the advertisement   614          

shall be published in a newspaper of general circulation within    615          

the sanitary district at a time and in a form as directed by the   616          

board.  If the bids are for a contract for the construction,       617          

demolition, alteration, repair, or reconstruction of an            618          

improvement, the board of directors of the sanitary district may   619          

SHALL let the contract to the lowest or best bidder who meets the  621          

requirements of section 153.54 of the Revised Code.  If the bids   622          

are for a contract for any other work relating to the              623          

improvements for which a sanitary district was established, the    624          

board of directors of the sanitary district may SHALL let the      625          

contract to the lowest or best bidder who gives a good and         627          

approved bond, with ample security, conditioned on the carrying    628          

out of the contract and the payment for all labor and material.    629          

Such contract shall be in writing and shall be accompanied by or   630          

shall refer to plans and specifications for the work to be done    631          

                                                          16     

                                                                 
prepared by the chief engineer.  The plans and specifications      632          

shall at all times SHALL be made and considered a part of the      634          

contract.  The contract shall be approved by the board and signed  635          

by the president of the board and by the contractor, and shall be  636          

executed in duplicate.  In case of emergency the advertising of    637          

contracts may be waived upon the consent of the board with the     638          

approval of the court or judge in vacation.                        639          

      IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE  641          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   642          

PUBLIC USE, ANY SERVICE TO BE PURCHASED, INCLUDING THE SERVICES    643          

OF AN ACCOUNTANT, ARCHITECT, ATTORNEY AT LAW, PHYSICIAN, OR        644          

PROFESSIONAL ENGINEER, AT A COST IN EXCESS OF TEN THOUSAND         645          

DOLLARS SHALL BE OBTAINED THROUGH COMPETITIVE BIDDING WITH THE                  

SERVICE CONTRACT BEING AWARDED TO THE LOWEST AND BEST BIDDER.      647          

THE BOARD OF DIRECTORS OF A DISTRICT ORGANIZED WHOLLY FOR THE      648          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   649          

PUBLIC USE MAY CONTRACT FOR, PURCHASE, OR OTHERWISE PROCURE FOR    650          

THE BENEFIT OF EMPLOYEES OF THE DISTRICT AND PAY ALL OR ANY PART                

OF THE COST OF GROUP INSURANCE POLICIES THAT MAY PROVIDE           652          

BENEFITS, INCLUDING, BUT NOT LIMITED TO, HOSPITALIZATION,          653          

SURGICAL CARE, MAJOR MEDICAL CARE, DISABILITY, DENTAL CARE,        655          

VISION CARE, MEDICAL CARE, HEARING AIDS, OR PRESCRIPTION DRUGS.                 

ANY GROUP INSURANCE POLICY PURCHASED UNDER THIS SECTION SHALL BE   657          

PURCHASED FROM THE HEALTH CARE CORPORATION THAT OFFERS THE MOST    659          

COST EFFECTIVE GROUP INSURANCE POLICY.                             660          

      Sec. 6115.65.  The (A)  EXCEPT AS OTHERWISE PROVIDED IN      662          

DIVISION (B) OF THIS SECTION, THE members of the board of          663          

directors of a sanitary district and the members of the board of   664          

appraisers of a sanitary district shall receive proper             665          

compensation to be fixed by the court in accordance with the time  666          

actually employed in performance of THEIR duties and shall also    667          

SHALL receive necessary expenses incurred in performance of        668          

PERFORMING THEIR duties.  MEMBERS OF THE BOARDS OF DIRECTORS AND   669          

APPRAISERS SHALL BE PROVIDED WORKERS' COMPENSATION COVERAGE UNDER  670          

                                                          17     

                                                                 
CHAPTER 4123. OF THE REVISED CODE.  MEMBERS OF THE BOARD OF        671          

DIRECTORS SHALL NOT RECEIVE BENEFITS FROM THE DISTRICT,                         

INCLUDING, WITHOUT LIMITATION, MEDICAL CARE, DENTAL CARE, AND      672          

VISION CARE, LIFE INSURANCE COVERAGE, HOLIDAY PAY, AND LEAVE TIME  674          

OF ANY SORT.                                                                    

      (B)(1)  MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY      676          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     677          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE SHALL BE            678          

COMPENSATED ON A PER DIEM BASIS FOR NO MORE THAN TWELVE MEETING    679          

DAYS PER YEAR AND ALSO SHALL RECEIVE NECESSARY EXPENSES INCURRED   680          

IN PERFORMING THEIR DUTIES AS MEMBERS OF THE BOARD.  THE PER DIEM  681          

COMPENSATION OF THE MEMBERS SHALL BE ESTABLISHED BY THE COURT AT                

A RATE NOT EXCEEDING TWO HUNDRED DOLLARS PER DAY.                  682          

      (2)  MEMBERS OF THE BOARD SHALL NOT RECEIVE REIMBURSEMENT    684          

FOR EXPENSES FOR MEALS, LODGING, AND OTHER EXPENSES RELATED TO     685          

OUT-OF-STATE TRAVEL IN EXCESS OF FIVE THOUSAND DOLLARS IN ANY      686          

CALENDAR YEAR AND SHALL RECEIVE NO REIMBURSEMENT FOR ANY           687          

OUT-OF-STATE TRAVEL EXPENSES FOR ENTERTAINMENT, ALCOHOLIC                       

BEVERAGES, TIPS, OR OTHER GRATUITIES.  THE MEMBERS SHALL NOT       688          

RECEIVE REIMBURSEMENT FOR EXPENSES FOR OUT-OF-STATE TRAVEL         689          

EXPENSES IF THE EXPENSES COULD HAVE BEEN AVOIDED THROUGH THE USE   690          

OF A TELEPHONE, FAX MACHINE, OR OTHER ELECTRONIC MEDIUM.  THE      691          

BOARD SHALL ADOPT POLICIES THAT SET FORTH THE CIRCUMSTANCES IN                  

WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND SET FORTH THE           692          

PROCEDURES FOR THE REIMBURSEMENT OF THE MEMBERS FOR ANY            693          

OUT-OF-STATE TRAVEL EXPENSES THAT ARE PERMITTED TO BE REIMBURSED   694          

UNDER THIS SECTION.  ALL FINANCIAL STATEMENTS OR REPORTS OF THE    695          

BOARD SHALL BE PREPARED ACCORDING TO GENERALLY ACCEPTED                         

ACCOUNTING PRINCIPLES.                                             696          

      (C)  Before any duties devolve upon a county auditor or a    698          

county treasurer under sections 6115.01 to 6115.79, inclusive, of  700          

the Revised Code THIS CHAPTER, the board of directors shall        701          

consult them THE AUDITOR OR TREASURER and agree upon the salaries  702          

for the extra clerical force required in their EACH OFFICER'S      703          

                                                          18     

                                                                 
respective offices OFFICE to carry out the requirements of the     705          

law by reason of the establishment of said THE district.  The      706          

board of directors shall provide for and pay said THE AGREED UPON  707          

salaries to said THOSE clerks while engaged in the work of the     708          

district.  Such THE clerks shall be selected and appointed by      709          

each of said THOSE county officers for their respective offices.   710          

In case of disagreement as to the compensation of such THE extra   711          

clerical force, the matter shall be referred to the court for its  712          

determination.                                                                  

      Section 2.  That existing sections 121.22, 145.012,          714          

6115.10, 6115.20, and 6115.65 of the Revised Code are hereby       715          

repealed.                                                          716