As Passed by the House                        1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


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

FOX-JACOBSON-CATES-SUTTON-BOYD-WHALEN-SAWYER-GARCIA-PATTON-JONES   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 ADVISORY BOARD, when meeting to   117          

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

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

applicant or the possible investment of public funds, by           120          

unanimous vote of all board, council, OR authority, or commission  122          

members present, may close the meeting during consideration of     124          

the following information confidentially received by the           125          

commission, authority, council, or board from the applicant:       127          

      (1)  Marketing plans;                                        129          

      (2)  Specific business strategy;                             131          

      (3)  Production techniques and trade secrets;                133          

      (4)  Financial projections;                                  135          

      (5)  Personal financial statements of the applicant or       137          

members of the applicant's immediate family, including, but not    138          

                                                          4      

                                                                 
limited to, tax records or other similar information not open to   140          

public inspection.                                                 141          

      The vote by the commission, authority, council, or board to  143          

accept or reject the application, as well as all proceedings of    145          

the commission, authority, council, or board not subject to this   146          

division, shall be open to the public and governed by this         148          

section.                                                                        

      (F)  Every public body, by rule, shall establish a           150          

reasonable method whereby any person may determine the time and    151          

place of all regularly scheduled meetings and the time, place,     152          

and purpose of all special meetings.  A public body shall not      153          

hold a special meeting unless it gives at least twenty-four        154          

hours' advance notice to the news media that have requested        155          

notification, except in the event of an emergency requiring        156          

immediate official action.  In the event of an emergency, the      157          

member or members calling the meeting shall notify the news media  158          

that have requested notification immediately of the time, place,   159          

and purpose of the meeting.                                        160          

      The rule shall provide that any person, upon request and     163          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  164          

business is to be discussed.  Provisions for advance notification  165          

may include, but are not limited to, mailing the agenda of         166          

meetings to all subscribers on a mailing list or mailing notices   167          

in self-addressed, stamped envelopes provided by the person.       168          

      (G)  Except as provided in division (J) of this section,     171          

the members of a public body may hold an executive session only    172          

after a majority of a quorum of the public body determines, by a   173          

roll call vote, to hold an executive session and only at a         175          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     176          

      (1)  To consider the appointment, employment, dismissal,     178          

discipline, promotion, demotion, or compensation of a public       179          

employee or official, or the investigation of charges or           180          

                                                          5      

                                                                 
complaints against a public employee, official, licensee, or       181          

regulated individual, unless the public employee, official,        182          

licensee, or regulated individual requests a public hearing.       183          

Except as otherwise provided by law, no public body shall hold an  184          

executive session for the discipline of an elected official for    185          

conduct related to the performance of the elected official's       186          

official duties or for the elected official's removal from         188          

office.  If a public body holds an executive session pursuant to   190          

division (G)(1) of this section, the motion and vote to hold that  191          

executive session shall state which one or more of the approved    192          

purposes listed in division (G)(1) of this section are the         193          

purposes for which the executive session is to be held, but need   194          

not include the name of any person to be considered at the         195          

meeting.                                                                        

      (2)  To consider the purchase of property for public         197          

purposes, or for the sale of property at competitive bidding, if   198          

premature disclosure of information would give an unfair           199          

competitive or bargaining advantage to a person whose personal,    200          

private interest is adverse to the general public interest.  No    201          

member of a public body shall use this division (G)(2) OF THIS     203          

SECTION as a subterfuge for providing covert information to        205          

prospective buyers or sellers.  A purchase or sale of public       206          

property is void if the seller or buyer of the public property     207          

has received covert information from a member of a public body     208          

that has not been disclosed to the general public in sufficient    209          

time for other prospective buyers and sellers to prepare and       210          

submit offers.                                                                  

      If the minutes of the public body show that all meetings     212          

and deliberations of the public body have been conducted in        213          

compliance with this section, any instrument executed by the       214          

public body purporting to convey, lease, or otherwise dispose of   215          

any right, title, or interest in any public property shall be      216          

conclusively presumed to have been executed in compliance with     217          

this section insofar as title or other interest of any bona fide   218          

                                                          6      

                                                                 
purchasers, lessees, or transferees of the property is concerned.  219          

      (3)  Conferences with an attorney for the public body        221          

concerning disputes involving the public body that are the         222          

subject of pending or imminent court action;                       223          

      (4)  Preparing for, conducting, or reviewing negotiations    225          

or bargaining sessions with public employees concerning their      226          

compensation or other terms and conditions of their employment;    227          

      (5)  Matters required to be kept confidential by federal     229          

law or rules or state statutes;                                    230          

      (6)  Specialized details of security arrangements if         232          

disclosure of the matters discussed might reveal information that  233          

could be used for the purpose of committing, or avoiding           234          

prosecution for, a violation of the law.                           235          

      If a public body holds an executive session to consider any  237          

of the matters listed in divisions (G)(2) to (6) of this section,  238          

the motion and vote to hold that executive session shall state     239          

which one or more of the approved matters listed in those          240          

divisions are to be considered at the executive session.           241          

      A PUBLIC BODY SPECIFIED IN DIVISION (B)(1)(c) OF THIS        244          

SECTION SHALL NOT HOLD AN EXECUTIVE SESSION WHEN MEETING FOR THE                

PURPOSES SPECIFIED IN THAT DIVISION.                               245          

      (H)  A resolution, rule, or formal action of any kind is     247          

invalid unless adopted in an open meeting of the public body.  A   248          

resolution, rule, or formal action adopted in an open meeting      249          

that results from deliberations in a meeting not open to the       250          

public is invalid unless the deliberations were for a purpose      251          

specifically authorized in division (G) or (J) of this section     252          

and conducted at an executive session held in compliance with      253          

this section.  A resolution, rule, or formal action adopted in an  254          

open meeting is invalid if the public body that adopted the        255          

resolution, rule, or formal action violated division (F) of this   256          

section.                                                           257          

      (I)(1)  Any person may bring an action to enforce the        259          

provisions of this section.  An action under this division (I)(1)  261          

                                                          7      

                                                                 
OF THIS SECTION shall be brought within two years after the date   262          

of the alleged violation or threatened violation.  Upon proof of   263          

a violation or threatened violation of this section in an action   264          

brought by any person, the court of common pleas shall issue an    265          

injunction to compel the members of the public body to comply      266          

with its provisions.                                               267          

      (2)(a)  If the court of common pleas issues an injunction    269          

pursuant to division (I)(1) of this section, the court shall       270          

order the public body that it enjoins to pay a civil forfeiture    271          

of five hundred dollars to the party that sought the injunction    272          

and shall award to that party all court costs and, subject to      273          

reduction as described in this division (I)(2) OF THIS SECTION,    275          

reasonable attorney's fees.  The court, in its discretion, may     276          

reduce an award of attorney's fees to the party that sought the    277          

injunction or not award attorney's fees to that party if the       278          

court determines both of the following:                            279          

      (i)  That, based on the ordinary application of statutory    281          

law and case law as it existed at the time of violation or         282          

threatened violation that was the basis of the injunction, a       283          

well-informed public body reasonably would believe that the        284          

public body was not violating or threatening to violate this       285          

section;                                                           286          

      (ii)  That a well-informed public body reasonably would      288          

believe that the conduct or threatened conduct that was the basis  289          

of the injunction would serve the public policy that underlies     290          

the authority that is asserted as permitting that conduct or       291          

threatened conduct.                                                292          

      (b)  If the court of common pleas does not issue an          294          

injunction pursuant to division (I)(1) of this section and the     295          

court determines at that time that the bringing of the action was  296          

frivolous conduct, as defined in division (A) of section 2323.51   297          

of the Revised Code, the court shall award to the public body all  298          

court costs and reasonable attorney's fees, as determined by the   299          

court.                                                             300          

                                                          8      

                                                                 
      (3)  Irreparable harm and prejudice to the party that        302          

sought the injunction shall be conclusively and irrebuttably       303          

presumed upon proof of a violation or threatened violation of      304          

this section.                                                      305          

      (4)  A member of a public body who knowingly violates an     307          

injunction issued pursuant to division (I)(1) of this section may  308          

be removed from office by an action brought in the court of        309          

common pleas for that purpose by the prosecuting attorney or the   310          

attorney general.                                                  311          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   313          

Revised Code, a veterans service commission shall hold an          314          

executive session for one or more of the following purposes,       315          

unless an applicant requests a public hearing:                     316          

      (a)  Interviewing an applicant for financial assistance      318          

under sections 5901.01 to 5901.15 of the Revised Code.;            319          

      (b)  Discussing applications, statements, and other          321          

documents described in division (B) of section 5901.09 of the      322          

Revised Code.;                                                     323          

      (c)  Reviewing matters relating to an applicant's request    325          

for financial assistance under sections 5901.01 to 5901.15 of the  326          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      328          

applicant for, recipient of, or former recipient of financial      329          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  330          

and shall not exclude representatives selected by the applicant,   332          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   333          

applicant's, recipient's, or former recipient's application for    334          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   336          

or denial of financial assistance under sections 5901.01 to        337          

5901.15 of the Revised Code only in an open meeting of the         339          

commission.  The minutes of the meeting shall indicate the name,   340          

address, and occupation of the applicant, whether the assistance   341          

                                                          9      

                                                                 
was granted or denied, the amount of the assistance if assistance  342          

is granted, and the votes for and against the granting of          343          

assistance.                                                                     

      Sec. 145.012.  (A)  "Public employee," as defined in         352          

division (A) of section 145.01 of the Revised Code, does not       353          

include any person:                                                354          

      (1)  Who is employed by a private, temporary-help service    356          

and performs services under the direction of a public employer or  357          

is employed on a contractual basis as an independent contractor    358          

under a personal service contract with a public employer;          359          

      (2)  Who is an emergency employee serving on a temporary     361          

basis in case of fire, snow, earthquake, flood, or other similar   362          

emergency;                                                         363          

      (3)  Who is employed in a program established pursuant to    365          

the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29       366          

U.S.C.A. 1501;                                                     367          

      (4)  Who is an appointed member of either the motor vehicle  369          

salvage dealers board or the motor vehicle dealer's board whose    370          

rate and method of payment are determined pursuant to division     371          

(J) of section 124.15 of the Revised Code;                         372          

      (5)  Who is employed as an election worker and paid less     374          

than five hundred dollars per calendar year for such THAT          375          

service;                                                           376          

      (6)  Who is employed as a firefighter in a position          378          

requiring satisfactory completion of a firefighter training        380          

course approved under former section 3303.07 or section 4765.55    383          

of the Revised Code or conducted under section 3737.33 of the      384          

Revised Code except for EITHER OF the following:                   385          

      (a)  Any firefighter who has elected under section 145.013   388          

of the Revised Code to remain a contributing member of the public  389          

employees retirement system;                                       390          

      (b)  Any firefighter who was eligible to transfer from the   393          

public employees retirement system to the police and firemen's                  

disability and pension fund under section 742.51 or 742.515 of     394          

                                                          10     

                                                                 
the Revised Code and did not elect to transfer.                    395          

      (7)  Who is a member of the board of health of a city or     397          

general health district, which pursuant to sections 3709.051 and   398          

3709.07 of the Revised Code includes a combined health district,   399          

and whose compensation for attendance at meetings of the board is  400          

set forth in division (B) of section 3709.02 or division (B) of    401          

section 3709.05 of the Revised Code, as appropriate;                            

      (8)  Who participates in an alternative retirement plan      403          

established under Chapter 3305. of the Revised Code;               404          

      (9)  WHO IS A MEMBER OF THE BOARD OF DIRECTORS OF A          406          

SANITARY DISTRICT ESTABLISHED UNDER CHAPTER 6115. OF THE REVISED   407          

CODE.                                                                           

      (B)  No inmate of a correctional institution operated by     410          

the department of rehabilitation and correction, no patient in a   411          

hospital for the mentally ill or criminally insane operated by     412          

the department of mental health, no resident in an institution     413          

for the mentally retarded operated by the department of mental     414          

retardation and developmental disabilities, no resident admitted   415          

as a patient of the Ohio veterans' home at Sandusky, and no        416          

resident of a county home shall be considered as a public                       

employee for the purpose of establishing membership or             417          

calculating service credit or benefits under this chapter.         418          

Nothing in this section DIVISION shall be construed to affect any  420          

service credit attained by any person who was a public employee    421          

before becoming an inmate, patient, or resident at any             422          

institution listed in this section DIVISION, or the payment of     423          

any benefit for which such a person or the such a person's         425          

beneficiaries would otherwise WOULD be eligible.                   428          

      Sec. 6115.10.  Within thirty days after entering the decree  430          

incorporating a sanitary district, providing the district is       431          

wholly within one county, the court shall appoint one person who   432          

shall be a resident freeholder ELECTOR within the district as a    434          

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   435          

                                                          11     

                                                                 
more than one county or part thereof, each county is entitled to   437          

one director who shall be a resident freeholder ELECTOR of that    438          

county.  In no event shall there be more than one director for     440          

each county.  The EXCEPT AS OTHERWISE PROVIDED IN SECTION                       

6115.103 OF THE REVISED CODE, THE court shall fill all vacancies   441          

which THAT occur in the office of director.  However, the board    443          

of directors of a sanitary district organized after the effective  444          

date of this amendment OCTOBER 9, 1981, wholly for the reduction   447          

of populations of biting arthropods shall be composed and                       

appointed in accordance with section 6115.101 of the Revised       448          

Code, AND THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED  449          

WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC,   450          

MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL              452          

CORPORATIONS IN TWO COUNTIES SHALL BE COMPOSED AND APPOINTED IN                 

ACCORDANCE WITH SECTION 6115.103 OF THE REVISED CODE.              453          

      Sec. 6115.103.  (A)  THE BOARD OF DIRECTORS OF A SANITARY    455          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     457          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO   458          

MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE APPOINTED AS       459          

FOLLOWS:                                                                        

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

OFFICER OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE       462          

DISTRICT;                                                                       

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

OFFICER OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE         465          

DISTRICT;                                                                       

      (3)  ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE        467          

AUTHORITY OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE     468          

DISTRICT;                                                                       

      (4)  ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE        470          

AUTHORITY OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE       471          

DISTRICT.                                                                       

        A PERSON APPOINTED BY THE CHIEF EXECUTIVE OFFICER AND      473          

LEGISLATIVE AUTHORITY  OF A MUNICIPAL CORPORATION SHALL BE A       475          

                                                          12     

                                                                 
RESIDENT OF THAT MUNICIPAL CORPORATION.                            476          

      (B)  THE INITIAL TERMS OF THE MEMBERS OF THE BOARD OF        479          

DIRECTORS APPOINTED UNDER THIS SECTION SHALL BE AS FOLLOWS:        480          

      (1)  IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF        482          

EXECUTIVE OFFICER OF THE MORE POPULOUS MUNICIPAL CORPORATION       483          

INCLUDED IN THE DISTRICT, ONE YEAR  FROM THE DATE OF THE MEMBER'S  484          

APPOINTMENT;                                                                    

      (2)  IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF        486          

EXECUTIVE OFFICER OF THE LESS POPULOUS MUNICIPAL CORPORATION       487          

INCLUDED IN THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S  488          

APPOINTMENT;                                                                    

      (3)  IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE  490          

AUTHORITY OF THE MORE POPULOUS MUNICIPAL CORPORATION INCLUDED IN   491          

THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S              492          

APPOINTMENT;                                                                    

      (4)  IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE  494          

AUTHORITY OF THE LESS POPULOUS MUNICIPAL CORPORATION INCLUDED IN   495          

THE DISTRICT, THREE YEARS FROM THE DATE OF THE MEMBER'S            496          

APPOINTMENT.                                                                    

      THEREAFTER, TERMS OF OFFICE OF ALL MEMBERS OF THE BOARD      499          

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

THIS SECTION SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL  500          

THE END OF THE TERM FOR WHICH APPOINTED.  A VACANCY SHALL BE       501          

FILLED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.  A MEMBER   503          

APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION      504          

DATE OF THE TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED  505          

SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM.  A MEMBER SHALL  506          

CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE                     

MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR A       507          

PERIOD OF SIXTY DAYS ELAPSES, WHICHEVER OCCURS FIRST.  A MEMBER    508          

OF THE BOARD APPOINTED UNDER THIS SECTION MAY BE REAPPOINTED.  A   509          

MEMBER OF THE BOARD MAY BE REMOVED FOR CAUSE BY THE APPOINTING     510          

AUTHORITY THAT ORIGINALLY APPOINTED THE MEMBER.                                 

      (C)  THE APPOINTING AUTHORITIES DESIGNATED IN DIVISION (A)   513          

                                                          13     

                                                                 
OF THIS SECTION SHALL APPOINT A NEW BOARD WITHIN EACH SANITARY     514          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     515          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO   516          

MUNICIPAL CORPORATIONS IN TWO COUNTIES.  THE APPOINTING            517          

AUTHORITIES SHALL MAKE THEIR APPOINTMENTS WITHIN SIXTY DAYS OF                  

THE EFFECTIVE DATE OF THIS SECTION.  THE OFFICES OF THE MEMBERS    518          

OF THE BOARD OF SUCH A DISTRICT EXISTING PRIOR TO THE EFFECTIVE    519          

DATE OF THIS SECTION ARE ABOLISHED UPON THE APPOINTMENT OF THE     520          

NEW MEMBERS OF THE BOARD AS REQUIRED BY THIS DIVISION.             522          

      (D)  THE APPOINTING AUTHORITIES SPECIFIED UNDER DIVISION     525          

(A) OF THIS SECTION SHALL ACCEPT AND CONSIDER ALL APPLICATIONS     526          

SUBMITTED BY PERSONS ELIGIBLE TO BE APPOINTED UNDER DIVISION (A)   527          

OF THIS SECTION.                                                                

      (E)  IN ADDITION TO THE REQUIREMENTS SET FORTH IN SECTION    529          

121.22 OF THE REVISED CODE, ANY COURT OF JURISDICTION MEETING IN   532          

REGARD TO THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER   533          

OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED WHOLLY  534          

FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC,                       

MUNICIPAL, AND PUBLIC USE OR MEETING FOR ANY OTHER MATTER          536          

REGARDING SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE                   

DISTRICT SHALL KEEP A WRITTEN TRANSCRIPT OF THE MEETING AND SHALL  537          

MAKE THE TRANSCRIPT AVAILABLE TO THE PUBLIC UPON REQUEST.          538          

      (F)  IF A MUNICIPAL CORPORATION, TOWNSHIP, OR OTHER MEMBER   540          

OR CUSTOMER OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE        541          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   542          

PUBLIC USE THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO         543          

COUNTIES IS DELINQUENT IN PAYING ANY MONEYS OWED TO THE SANITARY   544          

DISTRICT FOR THE SUPPLY OF WATER FROM THE DISTRICT, THE BOARD OF   545          

DIRECTORS OF THE SANITARY DISTRICT MAY ASSESS INTEREST ON THE                   

UNPAID BALANCE THAT REFLECTS ADMINISTRATIVE AND FINANCIAL COSTS    547          

INCURRED BY THE SANITARY DISTRICT AS A RESULT OF THE DELINQUENCY.  548          

      Sec. 6115.104.  (A)  WITH RESPECT TO A SANITARY DISTRICT     551          

ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR   552          

DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL    553          

                                                          14     

                                                                 
CORPORATIONS IN TWO COUNTIES, THERE SHALL BE APPOINTED, WITHIN     554          

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

DISTRICT ADVISORY COUNCIL.  THE COUNCIL SHALL CONSIST OF ONE       555          

MEMBER WHO USES WATER SUPPLIED DIRECTLY OR INDIRECTLY BY THE       556          

DISTRICT TO BE APPOINTED FROM EACH MUNICIPAL CORPORATION OR        557          

TOWNSHIP THAT RECEIVES ALL OR PART OF ITS WATER SUPPLY DIRECTLY    559          

OR INDIRECTLY FROM THE DISTRICT.  APPOINTMENTS TO THE COUNCIL                   

SHALL BE MADE BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE    561          

MUNICIPAL CORPORATION OR THE TOWNSHIP, AS APPROPRIATE.  WITHIN     562          

TEN DAYS AFTER MAKING AN APPOINTMENT TO THE COUNCIL, THE           563          

APPOINTING AUTHORITY SHALL SUBMIT AN AUTHENTICATED COPY OF THE     564          

APPOINTMENT RESOLUTION TO THE BOARD OF DIRECTORS OF THE SANITARY   565          

DISTRICT AND TO THE CLERK OF THE COURT.                            566          

      (B)  IF A MUNICIPAL CORPORATION OR TOWNSHIP THAT, PRIOR TO   569          

THE EFFECTIVE DATE OF THIS SECTION, DID NOT RECEIVE ANY OF ITS     571          

WATER SUPPLY FROM A SANITARY DISTRICT DESCRIBED IN DIVISION (A)    572          

OF THIS SECTION BEGINS TO RECEIVE ALL OR PART OF ITS WATER SUPPLY  573          

EITHER DIRECTLY OR INDIRECTLY FROM SUCH A DISTRICT AND THE         575          

MUNICIPAL CORPORATION OR TOWNSHIP IS NOT REPRESENTED ON THE                     

ADVISORY COUNCIL OF THAT DISTRICT, THE GOVERNING BODY OF THE       576          

MUNICIPAL CORPORATION OR TOWNSHIP, WITHIN SIXTY DAYS AFTER IT      577          

BEGINS RECEIVING ALL OR PART OF ITS WATER SUPPLY FROM THE          578          

DISTRICT, SHALL APPOINT A REPRESENTATIVE TO THE COUNCIL AND MAKE   579          

THE SUBMITTALS AS PROVIDED IN DIVISION (A) OF THIS SECTION.  IF A  580          

MUNICIPAL CORPORATION OR TOWNSHIP THAT, ON THE EFFECTIVE DATE OF   581          

THIS SECTION, RECEIVES ALL OR PART OF ITS WATER SUPPLY FROM SUCH   582          

A DISTRICT CEASES TO RECEIVE ANY OF ITS WATER SUPPLY EITHER        584          

DIRECTLY OR INDIRECTLY FROM THE DISTRICT, THE MEMBER ON THE        585          

ADVISORY COUNCIL REPRESENTING THAT MUNICIPAL CORPORATION OR                     

TOWNSHIP SHALL NO LONGER SERVE ON THE COUNCIL.                     586          

      (C)  A MAJORITY OF THE COUNCIL CONSTITUTES A QUORUM, AND A   589          

CONCURRENCE OF THE MAJORITY IN ANY MATTER WITHIN THE COUNCIL'S     590          

DUTIES IS SUFFICIENT FOR ITS DETERMINATION.  THE COUNCIL SHALL                  

APPOINT ONE OF ITS MEMBERS AS CHAIRPERSON AND ONE MEMBER AS        591          

                                                          15     

                                                                 
SECRETARY.  THE COUNCIL SHALL ADOPT BYLAWS GOVERNING ITS           592          

PROCEEDINGS.  THE COUNCIL SHALL MEET AT LEAST ONCE ANNUALLY AND    593          

SHALL MEET UPON THE CALL OF ITS CHAIRPERSON OR OF THE PRESIDENT    594          

OF THE BOARD OF DIRECTORS OF THE DISTRICT, OR WHENEVER A MAJORITY  595          

OF THE MEMBERS OF THE COUNCIL, BY PETITION FILED WITH THE          596          

CHAIRPERSON OF THE COUNCIL, REQUESTS A MEETING OF THE COUNCIL.     597          

THE CHAIRPERSON SHALL CALL A MEETING OF THE COUNCIL WITHIN THIRTY  598          

DAYS AFTER THE RECEIPT OF THE PETITION.                            599          

      (D)  THE COUNCIL SHALL DO BOTH OF THE FOLLOWING:             601          

      (1)  ANNUALLY REVIEW AND EVALUATE THE RECEIPTS AND           603          

DISBURSEMENTS OF FUNDS BY THE BOARD OF DIRECTORS DURING THE        604          

PRECEDING CALENDAR YEAR;                                                        

      (2)  REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS TO THE       606          

BOARD OF DIRECTORS REGARDING THE OPERATION, POLICIES, PROGRAMS,    607          

AND IMPROVEMENTS OF THE DISTRICT.  THE BOARD SHALL CONSIDER ALL    608          

RECOMMENDATIONS MADE UNDER DIVISION (D)(2) OF THIS SECTION.        610          

      Sec. 6115.20.  When it is determined to let the work         619          

relating to the improvements for which a sanitary district was     620          

established by contract, contracts in amounts to exceed ten        621          

thousand dollars shall be advertised after notice calling for      622          

bids has been published once a week for five consecutive weeks     623          

completed on THE date of last publication, in at least one         624          

newspaper of general circulation within the sanitary district      625          

where the work is to be done.  The board of directors of the       626          

sanitary district may reject any bid and accept any remaining bid  627          

SHALL LET BIDS as provided in this section or, if applicable,      629          

section 9.312 of the Revised Code, or may advertise for other      630          

bids.  If the board advertises for other bids, the advertisement   631          

shall be published in a newspaper of general circulation within    632          

the sanitary district at a time and in a form as directed by the   633          

board.  If the bids are for a contract for the construction,       634          

demolition, alteration, repair, or reconstruction of an            635          

improvement, the board of directors of the sanitary district may   636          

SHALL let the contract to the lowest or best bidder who meets the  638          

                                                          16     

                                                                 
requirements of section 153.54 of the Revised Code.  If the bids   639          

are for a contract for any other work relating to the              640          

improvements for which a sanitary district was established, the    641          

board of directors of the sanitary district may SHALL let the      642          

contract to the lowest or best bidder who gives a good and         644          

approved bond, with ample security, conditioned on the carrying    645          

out of the contract and the payment for all labor and material.    646          

Such contract shall be in writing and shall be accompanied by or   647          

shall refer to plans and specifications for the work to be done    648          

prepared by the chief engineer.  The plans and specifications      649          

shall at all times SHALL be made and considered a part of the      651          

contract.  The contract shall be approved by the board and signed  652          

by the president of the board and by the contractor, and shall be  653          

executed in duplicate.  In case of emergency the advertising of    654          

contracts may be waived upon the consent of the board with the     655          

approval of the court or judge in vacation.                        656          

      IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE  658          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   659          

PUBLIC USE, ANY SERVICE TO BE PURCHASED, INCLUDING THE SERVICES    660          

OF AN ACCOUNTANT, ARCHITECT, ATTORNEY AT LAW, PHYSICIAN, OR        661          

PROFESSIONAL ENGINEER, AT A COST IN EXCESS OF TEN THOUSAND         662          

DOLLARS SHALL BE OBTAINED THROUGH COMPETITIVE BIDDING WITH THE                  

SERVICE CONTRACT BEING AWARDED TO THE LOWEST AND BEST BIDDER.      664          

THE BOARD OF DIRECTORS OF A DISTRICT ORGANIZED WHOLLY FOR THE      665          

PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND   666          

PUBLIC USE MAY CONTRACT FOR, PURCHASE, OR OTHERWISE PROCURE FOR    667          

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

OF THE COST OF GROUP INSURANCE POLICIES THAT MAY PROVIDE           669          

BENEFITS, INCLUDING, BUT NOT LIMITED TO, HOSPITALIZATION,          670          

SURGICAL CARE, MAJOR MEDICAL CARE, DISABILITY, DENTAL CARE,        672          

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

ANY GROUP INSURANCE POLICY PURCHASED UNDER THIS SECTION SHALL BE   674          

PURCHASED FROM THE HEALTH CARE CORPORATION THAT THE BOARD OF       676          

DIRECTORS DETERMINES OFFERS THE MOST COST-EFFECTIVE GROUP          677          

                                                          17     

                                                                 
INSURANCE POLICY.                                                  678          

      Sec. 6115.65.  The (A)  EXCEPT AS OTHERWISE PROVIDED IN      680          

DIVISION (B) OF THIS SECTION, THE members of the board of          681          

directors of a sanitary district and the members of the board of   682          

appraisers of a sanitary district shall receive proper             683          

compensation to be fixed by the court in accordance with the time  684          

actually employed in performance of THEIR duties and shall also    685          

SHALL receive necessary expenses incurred in performance of        686          

PERFORMING THEIR duties.  MEMBERS OF THE BOARDS OF DIRECTORS AND   687          

APPRAISERS SHALL BE PROVIDED WORKERS' COMPENSATION COVERAGE UNDER  688          

CHAPTER 4123. OF THE REVISED CODE.  MEMBERS OF THE BOARD OF        689          

DIRECTORS SHALL NOT RECEIVE BENEFITS FROM THE DISTRICT,                         

INCLUDING, WITHOUT LIMITATION, MEDICAL CARE, DENTAL CARE, VISION   690          

CARE, LIFE INSURANCE COVERAGE, HOLIDAY PAY, AND LEAVE TIME OF ANY  691          

SORT.                                                                           

      (B)(1)  MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY      693          

DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER     694          

SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE SHALL BE            695          

COMPENSATED ON A PER DIEM BASIS FOR NO MORE THAN TWELVE MEETING    696          

DAYS PER YEAR AND ALSO SHALL RECEIVE NECESSARY EXPENSES INCURRED   697          

IN PERFORMING THEIR DUTIES AS MEMBERS OF THE BOARD.  THE PER DIEM  698          

COMPENSATION OF THE MEMBERS SHALL BE ESTABLISHED BY THE COURT AT                

A RATE NOT EXCEEDING TWO HUNDRED DOLLARS PER DAY.                  699          

      (2)  MEMBERS OF THE BOARD OF DIRECTORS SHALL NOT RECEIVE     700          

REIMBURSEMENT FOR EXPENSES FOR MEALS, LODGING, AND OTHER EXPENSES  702          

RELATED TO OUT-OF-STATE TRAVEL IN EXCESS OF FIVE THOUSAND DOLLARS  703          

IN ANY CALENDAR YEAR AND SHALL RECEIVE NO REIMBURSEMENT FOR ANY    704          

OUT-OF-STATE TRAVEL EXPENSES FOR ENTERTAINMENT, ALCOHOLIC                       

BEVERAGES, TIPS, OR OTHER GRATUITIES.  THE MEMBERS SHALL NOT       705          

RECEIVE REIMBURSEMENT FOR EXPENSES FOR OUT-OF-STATE TRAVEL         706          

EXPENSES IF THE EXPENSES COULD HAVE BEEN AVOIDED THROUGH THE USE   707          

OF A TELEPHONE, FAX MACHINE, OR OTHER ELECTRONIC MEDIUM.  THE      708          

BOARD OF DIRECTORS SHALL ADOPT POLICIES SETTING FORTH THE                       

CIRCUMSTANCES IN WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND THE    710          

                                                          18     

                                                                 
PROCEDURES FOR THE REIMBURSEMENT OF THE MEMBERS FOR ANY            711          

OUT-OF-STATE TRAVEL EXPENSES THAT ARE PERMITTED TO BE REIMBURSED   712          

UNDER THIS SECTION.  ALL FINANCIAL STATEMENTS OR REPORTS OF THE    713          

BOARD SHALL BE PREPARED ACCORDING TO GENERALLY ACCEPTED                         

ACCOUNTING PRINCIPLES.                                             714          

      (C)  Before any duties devolve upon a county auditor or a    716          

county treasurer under sections 6115.01 to 6115.79, inclusive, of  718          

the Revised Code THIS CHAPTER, the board of directors shall        719          

consult them THE AUDITOR OR TREASURER and agree upon the salaries  720          

for the extra clerical force required in their EACH OFFICER'S      721          

respective offices OFFICE to carry out the requirements of the     723          

law by reason of the establishment of said THE district.  The      724          

board of directors shall provide for and pay said THE AGREED UPON  725          

salaries to said THOSE clerks while engaged in the work of the     726          

district.  Such THE clerks shall be selected and appointed by      727          

each of said THOSE county officers for their respective offices.   728          

In case of disagreement as to the compensation of such THE extra   729          

clerical force, the matter shall be referred to the court for its  730          

determination.                                                                  

      Section 2.  That existing sections 121.22, 145.012,          732          

6115.10, 6115.20, and 6115.65 of the Revised Code are hereby       733          

repealed.                                                          734          

      Section 3.  Section 145.012 of the Revised Code is           736          

presented in this act as a composite of the section as amended by  737          

both Sub. H.B. 405 and Am. Sub. H.B. 586 of the 121st General      738          

Assembly, with the new language of neither of the acts shown in    739          

capital letters.  This is in recognition of the principle stated                

in division (B) of section 1.52 of the Revised Code that such      740          

amendments are to be harmonized where not substantively            741          

irreconcilable and constitutes a legislative finding that such is  742          

the resulting version in effect prior to the effective date of     743          

this act.