As Reported by the House Energy and Environment Committee      1            

122nd General Assembly                                             4            

   Regular Session                              Sub. H. B. No. 26  5            

      1997-1998                                                    6            


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

                   PRINGLE-FOX-JACOBSON-CATES                      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 WHEN MEETING FOR THE PURPOSE   62           

OF THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF THE   63           

BOARD OF DIRECTORS OF SUCH A DISTRICT OR FOR ANY OTHER MATTER                   

RELATED TO SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE     64           

DISTRICT.  AS USED IN DIVISION (B)(1)(c) OF THIS SECTION, "COURT   65           

OF JURISDICTION" HAS THE SAME MEANING AS "COURT" IN SECTION        66           

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           

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

                                                          3      

                                                                 
      (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          

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

                                                          4      

                                                                 
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          

employee or official, or the investigation of charges or           179          

                                                          5      

                                                                 
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          

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

                                                          6      

                                                                 
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          

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

                                                          7      

                                                                 
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          

court.                                                             299          

                                                          8      

                                                                 
      (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          

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

                                                          9      

                                                                 
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                  

disability and pension fund under section 742.51 or 742.515 of     393          

                                                          10     

                                                                 
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          

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

                                                          11     

                                                                 
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 INCLUDES TWO MUNICIPAL              447          

CORPORATIONS IN TWO COUNTIES SHALL BE COMPOSED AND APPOINTED IN                 

ACCORDANCE WITH SECTION 6115.103 OF THE REVISED CODE.              448          

      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 INCLUDES TWO   453          

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          

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          

                                                          12     

                                                                 
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          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     510          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO   511          

MUNICIPAL CORPORATIONS IN TWO COUNTIES.  THE APPOINTING            512          

                                                          13     

                                                                 
AUTHORITIES SHALL MAKE THEIR APPOINTMENTS WITHIN SIXTY DAYS OF                  

THE EFFECTIVE DATE OF THIS SECTION.  THE OFFICES OF THE MEMBERS    513          

OF THE BOARD OF SUCH A DISTRICT EXITING PRIOR TO THE EFFECTIVE     514          

DATE OF THIS SECTION ARE ABOLISHED UPON THE APPOINTMENT OF THE     515          

NEW MEMBERS OF THE BOARD AS REQUIRED BY THIS DIVISION.             517          

      (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 OR MEETING FOR ANY OTHER MATTER          531          

REGARDING SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE                   

DISTRICT SHALL KEEP A WRITTEN TRANSCRIPT OF THE MEETING AND SHALL  532          

MAKE THE TRANSCRIPT AVAILABLE TO THE PUBLIC UPON REQUEST.          533          

      (F)  IF A MUNICIPAL CORPORATION, TOWNSHIP, OR OTHER MEMBER   535          

OR CUSTOMER OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE        536          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   537          

PUBLIC USE THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO         538          

COUNTIES IS DELINQUENT IN PAYING ANY MONEYS OWED TO THE SANITARY   539          

DISTRICT FOR THE SUPPLY OF WATER FROM THE DISTRICT, THE BOARD OF   540          

DIRECTORS OF THE SANITARY DISTRICT MAY ASSESS INTEREST ON THE                   

UNPAID BALANCE THAT REFLECTS ADMINISTRATIVE AND FINANCIAL COSTS    542          

INCURRED BY THE SANITARY DISTRICT AS A RESULT OF THE DELINQUENCY.  543          

      Sec. 6115.104.  (A)  WITH RESPECT TO A SANITARY DISTRICT     546          

ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR   547          

DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL    548          

CORPORATIONS IN TWO COUNTIES, THERE SHALL BE APPOINTED, WITHIN     549          

SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, A SANITARY                    

DISTRICT ADVISORY COUNCIL.  THE COUNCIL SHALL CONSIST OF ONE       550          

MEMBER WHO USES WATER SUPPLIED DIRECTLY OR INDIRECTLY BY THE       551          

                                                          14     

                                                                 
DISTRICT TO BE APPOINTED FROM EACH MUNICIPAL CORPORATION OR        552          

TOWNSHIP THAT RECEIVES ALL OR PART OF ITS WATER SUPPLY DIRECTLY    554          

OR INDIRECTLY FROM THE DISTRICT.  APPOINTMENTS TO THE COUNCIL                   

SHALL BE MADE BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE    556          

MUNICIPAL CORPORATION OR THE TOWNSHIP, AS APPROPRIATE.  WITHIN     557          

TEN DAYS AFTER MAKING AN APPOINTMENT TO THE COUNCIL, THE           558          

APPOINTING AUTHORITY SHALL SUBMIT AN AUTHENTICATED COPY OF THE     559          

APPOINTMENT RESOLUTION TO THE BOARD OF DIRECTORS OF THE SANITARY   560          

DISTRICT AND TO THE CLERK OF THE COURT.                            561          

      (B)  IF A MUNICIPAL CORPORATION OR TOWNSHIP THAT, PRIOR TO   564          

THE EFFECTIVE DATE OF THIS SECTION, DID NOT RECEIVE ANY OF ITS     566          

WATER SUPPLY FROM A SANITARY DISTRICT DESCRIBED IN DIVISION (A)    567          

OF THIS SECTION BEGINS TO RECEIVE ALL OR PART OF ITS WATER SUPPLY  568          

EITHER DIRECTLY OR INDIRECTLY FROM SUCH A DISTRICT AND THE         570          

MUNICIPAL CORPORATION OR TOWNSHIP IS NOT REPRESENTED ON THE                     

ADVISORY COUNCIL OF THAT DISTRICT, THE GOVERNING BODY OF THE       571          

MUNICIPAL CORPORATION OR TOWNSHIP, WITHIN SIXTY DAYS AFTER IT      572          

BEGINS RECEIVING ALL OR PART OF ITS WATER SUPPLY FROM THE          573          

DISTRICT, SHALL APPOINT A REPRESENTATIVE TO THE COUNCIL AND MAKE   574          

THE SUBMITTALS AS PROVIDED IN DIVISION (A) OF THIS SECTION.  IF A  575          

MUNICIPAL CORPORATION OR TOWNSHIP THAT, ON THE EFFECTIVE DATE OF   576          

THIS SECTION, RECEIVES ALL OR PART OF ITS WATER SUPPLY FROM SUCH   577          

A DISTRICT CEASES TO RECEIVE ANY OF ITS WATER SUPPLY EITHER        579          

DIRECTLY OR INDIRECTLY FROM THE DISTRICT, THE MEMBER ON THE        580          

ADVISORY COUNCIL REPRESENTING THAT MUNICIPAL CORPORATION OR                     

TOWNSHIP SHALL NO LONGER SERVE ON THE COUNCIL.                     581          

      (C)  A MAJORITY OF THE COUNCIL CONSTITUTES A QUORUM, AND A   584          

CONCURRENCE OF THE MAJORITY IN ANY MATTER WITHIN THE COUNCIL'S     585          

DUTIES IS SUFFICIENT FOR ITS DETERMINATION.  THE COUNCIL SHALL                  

APPOINT ONE OF ITS MEMBERS AS CHAIRPERSON AND ONE MEMBER AS        586          

SECRETARY.  THE COUNCIL SHALL ADOPT BYLAWS GOVERNING ITS           587          

PROCEEDINGS.  THE COUNCIL SHALL MEET AT LEAST ONCE ANNUALLY AND    588          

SHALL MEET UPON THE CALL OF ITS CHAIRPERSON OR OF THE PRESIDENT    589          

OF THE BOARD OF DIRECTORS OF THE DISTRICT, OR WHENEVER A MAJORITY  590          

                                                          15     

                                                                 
OF THE MEMBERS OF THE COUNCIL, BY PETITION FILED WITH THE          591          

CHAIRPERSON OF THE COUNCIL, REQUESTS A MEETING OF THE COUNCIL.     592          

THE CHAIRPERSON SHALL CALL A MEETING OF THE COUNCIL WITHIN THIRTY  593          

DAYS AFTER THE RECEIPT OF THE PETITION.                            594          

      (D)  THE COUNCIL SHALL DO BOTH OF THE FOLLOWING:             596          

      (1)  ANNUALLY REVIEW AND EVALUATE THE RECEIPTS AND           598          

DISBURSEMENTS OF FUNDS BY THE BOARD OF DIRECTORS DURING THE        599          

PRECEDING CALENDAR YEAR;                                                        

      (2)  REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS TO THE       601          

BOARD OF DIRECTORS REGARDING THE OPERATION, POLICIES, PROGRAMS,    602          

AND IMPROVEMENTS OF THE DISTRICT.  THE BOARD SHALL CONSIDER ALL    603          

RECOMMENDATIONS MADE UNDER DIVISION (D)(2) OF THIS SECTION.        605          

      Sec. 6115.20.  When it is determined to let the work         614          

relating to the improvements for which a sanitary district was     615          

established by contract, contracts in amounts to exceed ten        616          

thousand dollars shall be advertised after notice calling for      617          

bids has been published once a week for five consecutive weeks     618          

completed on THE date of last publication, in at least one         619          

newspaper of general circulation within the sanitary district      620          

where the work is to be done.  The board of directors of the       621          

sanitary district may reject any bid and accept any remaining bid  622          

SHALL LET BIDS as provided in this section or, if applicable,      624          

section 9.312 of the Revised Code, or may advertise for other      625          

bids.  If the board advertises for other bids, the advertisement   626          

shall be published in a newspaper of general circulation within    627          

the sanitary district at a time and in a form as directed by the   628          

board.  If the bids are for a contract for the construction,       629          

demolition, alteration, repair, or reconstruction of an            630          

improvement, the board of directors of the sanitary district may   631          

SHALL let the contract to the lowest or best bidder who meets the  633          

requirements of section 153.54 of the Revised Code.  If the bids   634          

are for a contract for any other work relating to the              635          

improvements for which a sanitary district was established, the    636          

board of directors of the sanitary district may SHALL let the      637          

                                                          16     

                                                                 
contract to the lowest or best bidder who gives a good and         639          

approved bond, with ample security, conditioned on the carrying    640          

out of the contract and the payment for all labor and material.    641          

Such contract shall be in writing and shall be accompanied by or   642          

shall refer to plans and specifications for the work to be done    643          

prepared by the chief engineer.  The plans and specifications      644          

shall at all times SHALL be made and considered a part of the      646          

contract.  The contract shall be approved by the board and signed  647          

by the president of the board and by the contractor, and shall be  648          

executed in duplicate.  In case of emergency the advertising of    649          

contracts may be waived upon the consent of the board with the     650          

approval of the court or judge in vacation.                        651          

      IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE  653          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   654          

PUBLIC USE, ANY SERVICE TO BE PURCHASED, INCLUDING THE SERVICES    655          

OF AN ACCOUNTANT, ARCHITECT, ATTORNEY AT LAW, PHYSICIAN, OR        656          

PROFESSIONAL ENGINEER, AT A COST IN EXCESS OF TEN THOUSAND         657          

DOLLARS SHALL BE OBTAINED THROUGH COMPETITIVE BIDDING WITH THE                  

SERVICE CONTRACT BEING AWARDED TO THE LOWEST AND BEST BIDDER.      659          

THE BOARD OF DIRECTORS OF A DISTRICT ORGANIZED WHOLLY FOR THE      660          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   661          

PUBLIC USE MAY CONTRACT FOR, PURCHASE, OR OTHERWISE PROCURE FOR    662          

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

OF THE COST OF GROUP INSURANCE POLICIES THAT MAY PROVIDE           664          

BENEFITS, INCLUDING, BUT NOT LIMITED TO, HOSPITALIZATION,          665          

SURGICAL CARE, MAJOR MEDICAL CARE, DISABILITY, DENTAL CARE,        667          

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

ANY GROUP INSURANCE POLICY PURCHASED UNDER THIS SECTION SHALL BE   669          

PURCHASED FROM THE HEALTH CARE CORPORATION THAT THE BOARD OF       671          

DIRECTORS DETERMINES OFFERS THE MOST COST-EFFECTIVE GROUP          672          

INSURANCE POLICY.                                                  673          

      Sec. 6115.65.  The (A)  EXCEPT AS OTHERWISE PROVIDED IN      675          

DIVISION (B) OF THIS SECTION, THE members of the board of          676          

directors of a sanitary district and the members of the board of   677          

                                                          17     

                                                                 
appraisers of a sanitary district shall receive proper             678          

compensation to be fixed by the court in accordance with the time  679          

actually employed in performance of THEIR duties and shall also    680          

SHALL receive necessary expenses incurred in performance of        681          

PERFORMING THEIR duties.  MEMBERS OF THE BOARDS OF DIRECTORS AND   682          

APPRAISERS SHALL BE PROVIDED WORKERS' COMPENSATION COVERAGE UNDER  683          

CHAPTER 4123. OF THE REVISED CODE.                                              

      (B)(1)  MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY      685          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     686          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE SHALL RECEIVE       687          

COMPENSATION FIXED BY THE COURT NOT TO EXCEED TEN THOUSAND         688          

DOLLARS PER YEAR.  MEMBERS OF SUCH A BOARD MAY RECEIVE BENEFITS,   689          

INCLUDING MEDICAL CARE, DENTAL CARE, VISION CARE, AND LIFE         690          

INSURANCE COVERAGE, AS DETERMINED BY THE COURT.                                 

      (2)  MEMBERS OF THE BOARD OF DIRECTORS SHALL NOT RECEIVE     692          

REIMBURSEMENT FOR EXPENSES FOR MEALS, LODGING, AND OTHER EXPENSES  694          

RELATED TO OUT-OF-STATE TRAVEL IN EXCESS OF FIVE THOUSAND DOLLARS  695          

IN ANY CALENDAR YEAR AND SHALL RECEIVE NO REIMBURSEMENT FOR ANY    696          

OUT-OF-STATE TRAVEL EXPENSES FOR ENTERTAINMENT, ALCOHOLIC                       

BEVERAGES, TIPS, OR OTHER GRATUITIES.  THE MEMBERS SHALL NOT       697          

RECEIVE REIMBURSEMENT FOR EXPENSES FOR OUT-OF-STATE TRAVEL         698          

EXPENSES IF THE EXPENSES COULD HAVE BEEN AVOIDED THROUGH THE USE   699          

OF A TELEPHONE, FAX MACHINE, OR OTHER ELECTRONIC MEDIUM.  THE      700          

BOARD OF DIRECTORS SHALL ADOPT POLICIES SETTING FORTH THE                       

CIRCUMSTANCES IN WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND THE    702          

PROCEDURES FOR THE REIMBURSEMENT OF THE MEMBERS FOR ANY            703          

OUT-OF-STATE TRAVEL EXPENSES THAT ARE PERMITTED TO BE REIMBURSED   704          

UNDER THIS SECTION.  ALL FINANCIAL STATEMENTS OR REPORTS OF THE    705          

BOARD SHALL BE PREPARED ACCORDING TO GENERALLY ACCEPTED                         

ACCOUNTING PRINCIPLES.                                             706          

      (C)  Before any duties devolve upon a county auditor or a    708          

county treasurer under sections 6115.01 to 6115.79, inclusive, of  710          

the Revised Code THIS CHAPTER, the board of directors shall        711          

consult them THE AUDITOR OR TREASURER and agree upon the salaries  712          

                                                          18     

                                                                 
for the extra clerical force required in their EACH OFFICER'S      713          

respective offices OFFICE to carry out the requirements of the     715          

law by reason of the establishment of said THE district.  The      716          

board of directors shall provide for and pay said THE AGREED UPON  717          

salaries to said THOSE clerks while engaged in the work of the     718          

district.  Such THE clerks shall be selected and appointed by      719          

each of said THOSE county officers for their respective offices.   720          

In case of disagreement as to the compensation of such THE extra   721          

clerical force, the matter shall be referred to the court for its  722          

determination.                                                                  

      Section 2.  That existing sections 121.22, 145.012,          724          

6115.10, 6115.20, and 6115.65 of the Revised Code are hereby       725          

repealed.                                                          726