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
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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 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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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.