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
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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.
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(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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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