As Reported by the Senate Energy, Natural Resources 1
and Environment Committee 2
122nd General Assembly 5
Regular Session Sub. H. B. No. 26 6
1997-1998 7
REPRESENTATIVES LUCAS-HAGAN-OPFER-HOOD-BENDER-MOTTLEY-PRINGLE- 9
FOX-JACOBSON-CATES-SUTTON-BOYD-WHALEN-SAWYER-GARCIA-PATTON-JONES 10
12
A B I L L
To amend sections 102.02, 121.22, 145.012, 4933.25, 14
6112.03, 6112.99, 6115.10, 6115.12, 6115.20, and 15
6115.65 and to enact sections 6115.103, 6115.104, 16
6115.141, and 6115.191 of the Revised Code to 17
alter the composition and method of appointment 18
of the members of the boards of directors of 19
certain existing sanitary districts organized to 20
provide a water supply for domestic, municipal, 21
and public use; to limit the compensation paid 22
and benefits provided to board members; to
require the members of the boards of directors of 23
those sanitary districts to file a financial 24
disclosure statement with the Ohio Ethics 25
Commission; to subject all sanitary districts to
certain financial certification requirements 26
prior to expending moneys; and to eliminate the 27
requirement that the Public Utilities Commission 28
issue certificates of public convenience and 29
necessity for certain private sewage disposal
systems and for sewage disposal system companies 30
and waterworks companies that are not public 31
utilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 102.02, 121.22, 145.012, 4933.25, 34
2
6112.03, 6112.99, 6115.10, 6115.12, 6115.20, and 6115.65 be 35
amended and sections 6115.103, 6115.104, 6115.141, and 6115.191 36
of the Revised Code be enacted to read as follows: 37
Sec. 102.02. (A) Except as otherwise provided in division 47
(H) of this section, every person who is elected to or is a 48
candidate for a state, county, or city office, or the office of 49
member of the United States congress, and every person who is 50
appointed to fill a vacancy for an unexpired term in such an 51
elective office; all members of the state board of education; the 53
director, assistant directors, deputy directors, division chiefs, 54
or persons of equivalent rank of any administrative department of 55
the state; the president or other chief administrative officer of 56
every state institution of higher education as defined in section 57
3345.011 of the Revised Code; the chief executive officer of each 58
state retirement system; all members of the board of 59
commissioners on grievances and discipline of the supreme court 60
and the ethics commission created under section 102.05 of the 61
Revised Code; every business manager, treasurer, or 62
superintendent of a city, local, exempted village, joint 63
vocational, or cooperative education school district or an 64
educational service center; every person who is elected to or is 65
a candidate for the office of member of a board of education of a 66
city, local, exempted village, joint vocational, or cooperative 67
education school district or of a governing board of an 68
educational service center that has an average daily membership 69
of twelve thousand or more as most recently certified to the 70
state board of education pursuant to division (A) of section 71
3317.03 of the Revised Code; every person who is appointed to the 72
board of education of a municipal school district pursuant to 73
division (B) or (F) of section 3311.71 of the Revised Code; ALL 74
MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT 75
ESTABLISHED UNDER CHAPTER 6115. OF THE REVISED CODE AND ORGANIZED 76
WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 77
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL
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CORPORATIONS IN TWO COUNTIES; every public official or employee 79
who is paid a salary or wage in accordance with schedule C of 80
section 124.15 or schedule E-2 of section 124.152 of the Revised 81
Code; and every other public official or employee who is 82
designated by the appropriate ethics commission pursuant to 83
division (B) of this section shall file with the appropriate 84
ethics commission on a form prescribed by the commission, a 85
statement disclosing ALL OF THE FOLLOWING: 86
(1) The name of the person filing the statement and each 88
member of the person's immediate family and all names under which 90
the person or members of the person's immediate family does DO 91
business; 92
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 94
section and except as otherwise provided in section 102.022 of 95
the Revised Code, identification of every source of income, other 96
than income from a legislative agent identified in division 97
(A)(2)(b) of this section, received during the preceding calendar 98
year, in the person's own name or by any other person for the 100
person's use or benefit, by the person filing the statement, and 101
a brief description of the nature of the services for which the 102
income was received. If the person filing the statement is a 103
member of the general assembly, the statement shall identify the 104
amount of every source of income received in accordance with the 105
following ranges of amounts: zero or more, but less than one 106
thousand dollars; one thousand dollars or more, but less than ten 107
thousand dollars; ten thousand dollars or more, but less than 108
twenty-five thousand dollars; twenty-five thousand dollars or 109
more, but less than fifty thousand dollars; fifty thousand 110
dollars or more, but less than one hundred thousand dollars; and 111
one hundred thousand dollars or more. Division (A)(2)(a) of this 112
section shall not be construed to require a person filing the 113
statement who derives income from a business or profession to 114
disclose the individual items of income that constitute the gross 115
income of that business or profession, except for those 116
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individual items of income that are attributable to the person's 117
or, if the income is shared with the person, the partner's, 118
solicitation of services or goods or performance, arrangement, or 119
facilitation of services or provision of goods on behalf of the 120
business or profession of clients, including corporate clients, 121
who are legislative agents as defined in section 101.70 of the 122
Revised Code. A person who files the statement under this 123
section shall disclose the identity of and the amount of income 124
received from a person whom WHO the public official or employee 126
knows or has reason to know is doing or seeking to do business of 127
any kind with the public official's or employee's agency. 128
(b) If the person filing the statement is a member of the 130
general assembly, the statement shall identify every source of 131
income and the amount of that income that was received from a 132
legislative agent, as defined in section 101.70 of the Revised 133
Code, during the preceding calendar year, in the person's own 135
name or by any other person for the person's use or benefit, by 136
the person filing the statement, and a brief description of the 138
nature of the services for which the income was received. 139
Division (A)(2)(b) of this section requires the disclosure of 140
clients of attorneys or persons licensed under section 4732.12 of 141
the Revised Code, or patients of persons certified under section 142
4731.14 of the Revised Code, if those clients or patients are 143
legislative agents. Division (A)(2)(b) of this section requires 144
a person filing the statement who derives income from a business 145
or profession to disclose those individual items of income that 146
constitute the gross income of that business or profession that 147
are received from legislative agents. 148
(c) Except as otherwise provided in division (A)(2)(c) of 150
this section, division (A)(2)(a) of this section applies to 151
attorneys, physicians, and other persons who engage in the 152
practice of a profession and who, pursuant to a section of the 153
Revised Code, the common law of this state, a code of ethics 154
applicable to the profession, or otherwise, generally are 155
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required not to reveal, disclose, or use confidences of clients, 156
patients, or other recipients of professional services except 157
under specified circumstances or generally are required to 158
maintain those types of confidences as privileged communications 159
except under specified circumstances. Division (A)(2)(a) of this 160
section does not require an attorney, physician, or other 161
professional subject to a confidentiality requirement as 162
described in division (A)(2)(c) of this section to disclose the 163
name, other identity, or address of a client, patient, or other 164
recipient of professional services if the disclosure would 165
threaten the client, patient, or other recipient of professional 166
services, would reveal details of the subject matter for which 167
legal, medical, or professional advice or other services were 168
sought, or would reveal an otherwise privileged communication 169
involving the client, patient, or other recipient of professional 170
services. Division (A)(2)(a) of this section does not require an 171
attorney, physician, or other professional subject to a 172
confidentiality requirement as described in division (A)(2)(c) of 173
this section to disclose in the brief description of the nature 174
of services required by division (A)(2)(a) of this section any 175
information pertaining to specific professional services rendered 176
for a client, patient, or other recipient of professional 177
services that would reveal details of the subject matter for 178
which legal, medical, or professional advice was sought or would 179
reveal an otherwise privileged communication involving the 180
client, patient, or other recipient of professional services. 181
(3) The name of every corporation on file with the 183
secretary of state that is incorporated in Ohio THIS STATE or 184
holds a certificate of compliance authorizing it to do business 186
in this state, trust, business trust, partnership, or association 187
that transacts business in Ohio THIS STATE in which the person 188
filing the statement or any other person for the person's use and 190
benefit had during the preceding calendar year an investment of 192
over one thousand dollars at fair market value as of the 193
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thirty-first day of December of the preceding calendar year, or 194
the date of disposition, whichever is earlier, or in which the 195
person holds any office or has a fiduciary relationship, and a 196
description of the nature of the investment, office, or 197
relationship. This division DIVISION (A)(3) OF THIS SECTION does 198
not require disclosure of the name of any bank, savings and loan 200
association, credit union, or building and loan association with 201
which the person filing the statement has a deposit or a 202
withdrawable share account.
(4) All fee simple and leasehold interests to which the 204
person filing the statement holds legal title to or a beneficial 205
interest in real property located within the state, excluding the 206
person's residence and property used primarily for personal 207
recreation; 208
(5) The names of all persons residing or transacting 210
business in the state to whom the person filing the statement 211
owes, in the person's own name or in the name of any other 212
person, more than one thousand dollars. This division DIVISION 214
(A)(5) OF THIS SECTION shall not be construed to require the 216
disclosure of debts owed by the person resulting from the 217
ordinary conduct of a business or profession or debts on the 218
person's residence or real property used primarily for personal 219
recreation, except that the superintendent of financial
institutions shall disclose the names of all state-chartered 222
savings and loan associations and of all service corporations 224
subject to regulation under division (E)(2) of section 1151.34 of 225
the Revised Code to whom the superintendent in the 226
superintendent's own name or in the name of any other person owes 227
any money, and that the superintendent and any deputy 228
superintendent of banks shall disclose the names of all 229
state-chartered banks and all bank subsidiary corporations 230
subject to regulation under section 1109.44 of the Revised Code 231
to whom the superintendent or deputy superintendent owes any 232
money.
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(6) The names of all persons residing or transacting 234
business in the state, other than a depository excluded under 235
division (A)(3) of this section, who owes OWE more than one 236
thousand dollars to the person filing the statement, either in 238
the person's own name or to any person for the person's use or 240
benefit. This division DIVISION (A)(6) OF THIS SECTION shall not 242
be construed to require the disclosure of clients of attorneys or 243
persons licensed under section 4732.12 or 4732.15 of the Revised 244
Code, or patients of persons certified under section 4731.14 of 245
the Revised Code, nor the disclosure of debts owed to the person 246
resulting from the ordinary conduct of a business or profession. 247
(7) Except as otherwise provided in section 102.022 of the 249
Revised Code, the source of each gift of over seventy-five 250
dollars, or of each gift of over twenty-five dollars received by 251
a member of the general assembly from a legislative agent, 252
received by the person in the person's own name or by any other 254
person for the person's use or benefit during the preceding 255
calendar year, except gifts received by will or by virtue of 257
section 2105.06 of the Revised Code, or received from spouses, 258
parents, grandparents, children, grandchildren, siblings, 259
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 260
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 261
any person to whom the person filing the statement stands in loco 262
parentis, or received by way of distribution from any inter vivos 263
or testamentary trust established by a spouse or by an ancestor; 264
(8) Except as otherwise provided in section 102.022 of the 266
Revised Code, identification of the source and amount of every 267
payment of expenses incurred for travel to destinations inside or 268
outside this state that is received by the person in the person's 270
own name or by any other person for the person's use or benefit 271
and that is incurred in connection with the person's official 273
duties except for expenses for travel to meetings or conventions 274
of a national or state organization to which either house of the 275
general assembly, any legislative agency, a state institution of 276
8
higher education as defined in section 3345.031 of the Revised 277
Code, any other state agency, or any political subdivision or any 278
office or agency of a political subdivision pays membership dues; 279
(9) Except as otherwise provided in section 102.022 of the 281
Revised Code, identification of the source of payment of expenses 282
for meals and other food and beverages, other than for meals and 283
other food and beverages provided at a meeting at which the 284
person participated in a panel, seminar, or speaking engagement 285
or at a meeting or convention of a national or state organization 286
to which either house of the general assembly, any legislative 287
agency, a state institution of higher education as defined in 288
section 3345.031 of the Revised Code, any other state agency, or 289
any political subdivision or any office or agency of a political 290
subdivision pays membership dues, that are incurred in connection 291
with the person's official duties and that exceed one hundred 292
dollars aggregated per calendar year; 293
(10) If the financial disclosure statement is filed by a 295
public official or employee described in division (B)(2) of 296
section 101.73 of the Revised Code or division (B)(2) of section 297
121.63 of the Revised Code who receives a statement from a 298
legislative agent, executive agency lobbyist, or employer that 299
contains the information described in division (F)(2) of section 300
101.73 of the Revised Code or division (G)(2) of section 121.63 301
of the Revised Code, all of the nondisputed information contained 302
in the statement delivered to that public official or employee by 303
the legislative agent, executive agency lobbyist, or employer 304
under division (F)(2) of section 101.73 or (G)(2) of section 305
121.63 of the Revised Code. As used in division (A)(10) of this 306
section, "legislative agent," "executive agency lobbyist," and 307
"employer" have the same meanings as in sections 101.70 and 308
121.60 of the Revised Code. 309
A person may file a statement required by this section in 311
person or by mail. A person who is a candidate for elective 312
office shall file the statement no later than the thirtieth day 314
9
before the primary, special, or general election at which such 315
THE candidacy is to be voted on, whichever election occurs sooner 317
SOONEST, except THAT a person who is a write-in candidate shall 319
file the statement no later than the twentieth day before the 320
earliest election at which the person's candidacy is to be voted 321
on. A person who holds elective office shall file the statement 323
on or before the fifteenth day of April of each year, unless the 325
person is a candidate for office. A person who is appointed to 327
fill a vacancy for an unexpired term in an elective office shall 328
file the statement within fifteen days after the person qualifies 330
for office. Other persons shall file an annual statement on or 332
before the fifteenth day of April or, if appointed or employed 333
after that date, within ninety days after appointment or 334
employment. No person shall be required to file with the 335
appropriate ethics commission more than one statement or pay more 336
than one filing fee for any one calendar year. 337
The appropriate ethics commission, for good cause, may 339
extend for a reasonable time the deadline for filing a disclosure 340
statement under this section. 341
A statement filed under this section is subject to public 343
inspection at locations designated by the appropriate ethics 344
commission except as otherwise provided in this section. 345
(B) The Ohio ethics commission, the joint legislative 347
ethics committee, and the board of commissioners on grievances 348
and discipline of the supreme court, using the rule-making 349
procedures of Chapter 119. of the Revised Code, may require any 350
class of public officials or employees under its jurisdiction and 351
not specifically excluded by this section whose positions involve 352
a substantial and material exercise of administrative discretion 353
in the formulation of public policy, expenditure of public funds, 354
enforcement of laws and rules of the state or a county or city, 355
or the execution of other public trusts, to file an annual 356
statement on or before the fifteenth day of April under division 357
(A) of this section. The appropriate ethics commission shall 358
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send the public officials or employees written notice of the 359
requirement by the fifteenth day of February of each year the 360
filing is required, unless the public official or employee is 361
appointed after that date, in which case the notice shall be sent 362
within thirty days after appointment, and the filing shall be 363
made not later than ninety days after appointment. 364
Disclosure statements filed under this division with the 366
Ohio ethics commission by members of boards, commissions, or 367
bureaus of the state for which no compensation is received other 368
than reasonable and necessary expenses shall be kept 369
confidential. Disclosure statements filed with the Ohio ethics 371
commission under division (A) of this section by business 372
managers, treasurers, and superintendents of city, local, 373
exempted village, joint vocational, or cooperative education 374
school districts or educational service centers shall be kept 375
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 376
of the Revised Code may examine the disclosure statement of any 377
business manager, treasurer, or superintendent of that school 378
district or educational service center. The Ohio ethics 379
commission shall examine each disclosure statement required to be 380
kept confidential to determine whether a potential conflict of 381
interest exists for the person who filed the disclosure 382
statement. A potential conflict of interest exists if the 383
private interests of the person, as indicated by the person's 384
disclosure statement, might interfere with the public interests 386
the person is required to serve in the exercise of the person's 387
authority and duties in the person's office or position of 388
employment. If the commission determines that a potential 389
conflict of interest exists, it shall notify the person who filed 390
the disclosure statement and shall make the portions of the 391
disclosure statement that indicate a potential conflict of 392
interest subject to public inspection in the same manner as is 393
provided for other disclosure statements. Any portion of the 394
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disclosure statement that the commission determines does not 395
indicate a potential conflict of interest shall be kept 396
confidential by the commission and shall not be made subject to 397
public inspection, except as is necessary for the enforcement of 398
Chapters 102. and 2921. of the Revised Code and except as 399
otherwise provided in this paragraph DIVISION. 400
(C) No person shall knowingly fail to file, on or before 402
the applicable filing deadline ESTABLISHED under this section, a 403
statement that is required by this section. 405
(D) No person shall knowingly file a false statement that 407
is required to be filed under this section. 408
(E)(1) Except as provided in divisions (E)(2) and (3) of 410
this section, on and after March 2, 1994, the statement required 411
by division (A) or (B) of this section shall be accompanied by a 413
filing fee of twenty-five dollars. 414
(2) The statement required by division (A) of this section 416
shall be accompanied by a filing fee to be paid by the person who 417
is elected or appointed to or is a candidate for any of the 418
following offices: 419
For state office, except member of 421
state board of education $50 422
For office of member of United States 423
congress or member of general assembly $25 424
For county office $25 425
For city office $10 426
For office of member of state board 427
of education $10 428
For office of member of city, local, 429
exempted village, or cooperative 430
education board of 431
education or educational service 432
center governing board $ 5 433
For position of business manager, 434
treasurer, or superintendent of 435
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city, local, exempted village, joint 436
vocational, or cooperative education 437
school district or 438
educational service center $ 5 439
(3) No judge of a court of record or candidate for judge 441
of such a court, and no referee or magistrate serving a court of 442
record, shall be required to pay the fee required under division 443
(E)(1) or (2), or (F) of this section. 444
(4) For any public official who is appointed to a 446
nonelective office of the state and for any employee who holds a 447
nonelective position in a public agency of the state, the state 448
agency that is the primary employer of the state official or 449
employee shall pay the fee required under division (E)(1) or (F) 450
of this section. 451
(F) If a statement required to be filed under this section 453
is not filed by the date on which it is required to be filed, the 454
appropriate ethics commission shall assess the person required to 455
file the statement a late filing fee equal to one-half of the 456
applicable filing fee for each day the statement is not filed, 457
except that the total amount of the late filing fee shall not 458
exceed one hundred dollars. 459
(G)(1) The appropriate ethics commission other than the 461
Ohio ethics commission shall deposit all fees it receives under 462
divisions (E) and (F) of this section into the general revenue 463
fund of the state. 464
(2) The Ohio ethics commission shall deposit all fees it 466
receives under divisions (E) and (F) of this section and all 467
moneys it receives from settlements under division (G) of section 468
102.06 of the Revised Code into the Ohio ethics commission fund, 469
which is hereby created in the state treasury. All moneys 470
credited to the fund shall be used solely for expenses related to 471
the operation of the commission. 472
(H) Division (A) of this section does not apply to a 474
person elected or appointed to the office of precinct, ward, or 475
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district committee member under Chapter 3517. of the Revised 476
Code; a presidential elector; a delegate to a national 477
convention; village or township officials and employees; any 478
physician or psychiatrist who is paid a salary or wage in 479
accordance with schedule C of section 124.15 or schedule E-2 of 480
section 124.152 of the Revised Code and whose primary duties do 481
not require the exercise of administrative discretion; or any 482
member of a board, commission, or bureau of any county or city 483
who receives less than one thousand dollars per year for serving 484
in that position. 485
Sec. 121.22. (A) This section shall be liberally 494
construed to require public officials to take official action and 495
to conduct all deliberations upon official business only in open 496
meetings, unless the subject matter is specifically excepted by 497
law. 498
(B) As used in this section: 500
(1) "Public body" means either ANY of the following: 502
(a) Any board, commission, committee, council, or similar 504
decision-making body of a state agency, institution, or 505
authority, and any legislative authority or board, commission, 506
committee, council, agency, authority, or similar decision-making 508
body of any county, township, municipal corporation, school 509
district, or other political subdivision or local public 510
institution;
(b) Any committee or subcommittee of a body described in 512
division (B)(1)(a) of this section; 513
(c) A COURT OF JURISDICTION OF A SANITARY DISTRICT 515
ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR 516
DOMESTIC, MUNICIPAL, AND PUBLIC USE WHEN MEETING FOR THE PURPOSE 518
OF THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF THE 519
BOARD OF DIRECTORS OF SUCH A DISTRICT PURSUANT TO SECTION 6115.10
OF THE REVISED CODE, IF APPLICABLE, OR FOR ANY OTHER MATTER 520
RELATED TO SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE 521
DISTRICT. AS USED IN DIVISION (B)(1)(c) OF THIS SECTION, "COURT 522
14
OF JURISDICTION" HAS THE SAME MEANING AS "COURT" IN SECTION 523
6115.01 OF THE REVISED CODE.
(2) "Meeting" means any prearranged discussion of the 525
public business of the public body by a majority of its members. 526
(3) "Regulated individual" means EITHER OF THE FOLLOWING: 528
(a) Any A student in a state or local public educational 530
institution; 531
(b) Any A person who is, voluntarily or involuntarily, an 533
inmate, patient, or resident of a state or local institution 534
because of criminal behavior, mental illness or retardation, 535
disease, disability, age, or other condition requiring custodial 536
care. 537
(C) All meetings of any public body are declared to be 539
public meetings open to the public at all times. A member of a 540
public body must SHALL be present in person at a meeting open to 541
the public to be considered present or to vote at the meeting and 543
for purposes of determining whether a quorum is present at the 544
meeting. 545
The minutes of a regular or special meeting of any public 548
body shall be promptly prepared, filed, and maintained and shall 549
be open to public inspection. The minutes need only reflect the 550
general subject matter of discussions in executive sessions 551
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 553
audit conference conducted by the auditor of state or independent 554
certified public accountants with officials of the public office 555
that is the subject of the audit, to the adult parole authority 556
when its hearings are conducted at a correctional institution for 557
the sole purpose of interviewing inmates to determine parole or 558
pardon, to the organized crime investigations commission 559
established under section 177.01 of the Revised Code, to the 560
state medical board when determining whether to suspend a 561
certificate without a prior hearing pursuant to division (D) of 562
section 4731.22 of the Revised Code, to the board of nursing when 563
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determining whether to suspend a license without A prior hearing 564
pursuant to division (B) of section 4723.181 of the Revised Code, 565
or to the executive committee of the emergency response 566
commission when determining whether to issue an enforcement order 567
or request that a civil action, civil penalty action, or criminal 568
action be brought to enforce Chapter 3750. of the Revised Code. 569
(E) The controlling board, the development financing 571
advisory council, the industrial technology and enterprise 572
advisory council, the tax credit authority, or the minority 574
development financing commission ADVISORY BOARD, when meeting to 575
consider granting assistance pursuant to Chapter 122. or 166. of 576
the Revised Code, in order to protect the interest of the 577
applicant or the possible investment of public funds, by 578
unanimous vote of all board, council, OR authority, or commission 580
members present, may close the meeting during consideration of 582
the following information confidentially received by the 583
commission, authority, council, or board from the applicant: 585
(1) Marketing plans; 587
(2) Specific business strategy; 589
(3) Production techniques and trade secrets; 591
(4) Financial projections; 593
(5) Personal financial statements of the applicant or 595
members of the applicant's immediate family, including, but not 596
limited to, tax records or other similar information not open to 598
public inspection. 599
The vote by the commission, authority, council, or board to 601
accept or reject the application, as well as all proceedings of 603
the commission, authority, council, or board not subject to this 604
division, shall be open to the public and governed by this 606
section.
(F) Every public body, by rule, shall establish a 608
reasonable method whereby any person may determine the time and 609
place of all regularly scheduled meetings and the time, place, 610
and purpose of all special meetings. A public body shall not 611
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hold a special meeting unless it gives at least twenty-four 612
hours' advance notice to the news media that have requested 613
notification, except in the event of an emergency requiring 614
immediate official action. In the event of an emergency, the 615
member or members calling the meeting shall notify the news media 616
that have requested notification immediately of the time, place, 617
and purpose of the meeting. 618
The rule shall provide that any person, upon request and 621
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 622
business is to be discussed. Provisions for advance notification 623
may include, but are not limited to, mailing the agenda of 624
meetings to all subscribers on a mailing list or mailing notices 625
in self-addressed, stamped envelopes provided by the person. 626
(G) Except as provided in division (J) of this section, 629
the members of a public body may hold an executive session only 630
after a majority of a quorum of the public body determines, by a 631
roll call vote, to hold an executive session and only at a 633
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 634
(1) To consider the appointment, employment, dismissal, 636
discipline, promotion, demotion, or compensation of a public 637
employee or official, or the investigation of charges or 638
complaints against a public employee, official, licensee, or 639
regulated individual, unless the public employee, official, 640
licensee, or regulated individual requests a public hearing. 641
Except as otherwise provided by law, no public body shall hold an 642
executive session for the discipline of an elected official for 643
conduct related to the performance of the elected official's 644
official duties or for the elected official's removal from 646
office. If a public body holds an executive session pursuant to 648
division (G)(1) of this section, the motion and vote to hold that 649
executive session shall state which one or more of the approved 650
purposes listed in division (G)(1) of this section are the 651
17
purposes for which the executive session is to be held, but need 652
not include the name of any person to be considered at the 653
meeting.
(2) To consider the purchase of property for public 655
purposes, or for the sale of property at competitive bidding, if 656
premature disclosure of information would give an unfair 657
competitive or bargaining advantage to a person whose personal, 658
private interest is adverse to the general public interest. No 659
member of a public body shall use this division (G)(2) OF THIS 661
SECTION as a subterfuge for providing covert information to 663
prospective buyers or sellers. A purchase or sale of public 664
property is void if the seller or buyer of the public property 665
has received covert information from a member of a public body 666
that has not been disclosed to the general public in sufficient 667
time for other prospective buyers and sellers to prepare and 668
submit offers.
If the minutes of the public body show that all meetings 670
and deliberations of the public body have been conducted in 671
compliance with this section, any instrument executed by the 672
public body purporting to convey, lease, or otherwise dispose of 673
any right, title, or interest in any public property shall be 674
conclusively presumed to have been executed in compliance with 675
this section insofar as title or other interest of any bona fide 676
purchasers, lessees, or transferees of the property is concerned. 677
(3) Conferences with an attorney for the public body 679
concerning disputes involving the public body that are the 680
subject of pending or imminent court action; 681
(4) Preparing for, conducting, or reviewing negotiations 683
or bargaining sessions with public employees concerning their 684
compensation or other terms and conditions of their employment; 685
(5) Matters required to be kept confidential by federal 687
law or rules REGULATIONS or state statutes; 688
(6) Specialized details of security arrangements if 690
disclosure of the matters discussed might reveal information that 691
18
could be used for the purpose of committing, or avoiding 692
prosecution for, a violation of the law. 693
If a public body holds an executive session to consider any 695
of the matters listed in divisions (G)(2) to (6) of this section, 696
the motion and vote to hold that executive session shall state 697
which one or more of the approved matters listed in those 698
divisions are to be considered at the executive session. 699
A PUBLIC BODY SPECIFIED IN DIVISION (B)(1)(c) OF THIS 702
SECTION SHALL NOT HOLD AN EXECUTIVE SESSION WHEN MEETING FOR THE
PURPOSES SPECIFIED IN THAT DIVISION. 703
(H) A resolution, rule, or formal action of any kind is 705
invalid unless adopted in an open meeting of the public body. A 706
resolution, rule, or formal action adopted in an open meeting 707
that results from deliberations in a meeting not open to the 708
public is invalid unless the deliberations were for a purpose 709
specifically authorized in division (G) or (J) of this section 710
and conducted at an executive session held in compliance with 711
this section. A resolution, rule, or formal action adopted in an 712
open meeting is invalid if the public body that adopted the 713
resolution, rule, or formal action violated division (F) of this 714
section. 715
(I)(1) Any person may bring an action to enforce the 717
provisions of this section. An action under this division (I)(1) 719
OF THIS SECTION shall be brought within two years after the date 720
of the alleged violation or threatened violation. Upon proof of 721
a violation or threatened violation of this section in an action 722
brought by any person, the court of common pleas shall issue an 723
injunction to compel the members of the public body to comply 724
with its provisions. 725
(2)(a) If the court of common pleas issues an injunction 727
pursuant to division (I)(1) of this section, the court shall 728
order the public body that it enjoins to pay a civil forfeiture 729
of five hundred dollars to the party that sought the injunction 730
and shall award to that party all court costs and, subject to 731
19
reduction as described in this division (I)(2) OF THIS SECTION, 733
reasonable attorney's fees. The court, in its discretion, may 734
reduce an award of attorney's fees to the party that sought the 735
injunction or not award attorney's fees to that party if the 736
court determines both of the following: 737
(i) That, based on the ordinary application of statutory 739
law and case law as it existed at the time of violation or 740
threatened violation that was the basis of the injunction, a 741
well-informed public body reasonably would believe that the 742
public body was not violating or threatening to violate this 743
section; 744
(ii) That a well-informed public body reasonably would 746
believe that the conduct or threatened conduct that was the basis 747
of the injunction would serve the public policy that underlies 748
the authority that is asserted as permitting that conduct or 749
threatened conduct. 750
(b) If the court of common pleas does not issue an 752
injunction pursuant to division (I)(1) of this section and the 753
court determines at that time that the bringing of the action was 754
frivolous conduct, as defined in division (A) of section 2323.51 755
of the Revised Code, the court shall award to the public body all 756
court costs and reasonable attorney's fees, as determined by the 757
court. 758
(3) Irreparable harm and prejudice to the party that 760
sought the injunction shall be conclusively and irrebuttably 761
presumed upon proof of a violation or threatened violation of 762
this section. 763
(4) A member of a public body who knowingly violates an 765
injunction issued pursuant to division (I)(1) of this section may 766
be removed from office by an action brought in the court of 767
common pleas for that purpose by the prosecuting attorney or the 768
attorney general. 769
(J)(1) Pursuant to division (C) of section 5901.09 of the 771
Revised Code, a veterans service commission shall hold an 772
20
executive session for one or more of the following purposes, 773
unless an applicant requests a public hearing: 774
(a) Interviewing an applicant for financial assistance 776
under sections 5901.01 to 5901.15 of the Revised Code.; 777
(b) Discussing applications, statements, and other 779
documents described in division (B) of section 5901.09 of the 780
Revised Code.; 781
(c) Reviewing matters relating to an applicant's request 783
for financial assistance under sections 5901.01 to 5901.15 of the 784
Revised Code.
(2) A veterans service commission shall not exclude an 786
applicant for, recipient of, or former recipient of financial 787
assistance under sections 5901.01 to 5901.15 of the Revised Code, 788
and shall not exclude representatives selected by the applicant, 790
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 791
applicant's, recipient's, or former recipient's application for 792
financial assistance.
(3) A veterans service commission shall vote on the grant 794
or denial of financial assistance under sections 5901.01 to 795
5901.15 of the Revised Code only in an open meeting of the 797
commission. The minutes of the meeting shall indicate the name, 798
address, and occupation of the applicant, whether the assistance 799
was granted or denied, the amount of the assistance if assistance 800
is granted, and the votes for and against the granting of 801
assistance.
Sec. 145.012. (A) "Public employee," as defined in 810
division (A) of section 145.01 of the Revised Code, does not 811
include any person: 812
(1) Who is employed by a private, temporary-help service 814
and performs services under the direction of a public employer or 815
is employed on a contractual basis as an independent contractor 816
under a personal service contract with a public employer; 817
(2) Who is an emergency employee serving on a temporary 819
21
basis in case of fire, snow, earthquake, flood, or other similar 820
emergency; 821
(3) Who is employed in a program established pursuant to 823
the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 824
U.S.C.A. 1501; 825
(4) Who is an appointed member of either the motor vehicle 827
salvage dealers board or the motor vehicle dealer's board whose 828
rate and method of payment are determined pursuant to division 829
(J) of section 124.15 of the Revised Code; 830
(5) Who is employed as an election worker and paid less 832
than five hundred dollars per calendar year for such THAT 833
service; 834
(6) Who is employed as a firefighter in a position 836
requiring satisfactory completion of a firefighter training 838
course approved under former section 3303.07 or section 4765.55 841
of the Revised Code or conducted under section 3737.33 of the 842
Revised Code except for EITHER OF the following: 843
(a) Any firefighter who has elected under section 145.013 846
of the Revised Code to remain a contributing member of the public 847
employees retirement system; 848
(b) Any firefighter who was eligible to transfer from the 851
public employees retirement system to the police and firemen's
disability and pension fund under section 742.51 or 742.515 of 852
the Revised Code and did not elect to transfer. 853
(7) Who is a member of the board of health of a city or 855
general health district, which pursuant to sections 3709.051 and 856
3709.07 of the Revised Code includes a combined health district, 857
and whose compensation for attendance at meetings of the board is 858
set forth in division (B) of section 3709.02 or division (B) of 859
section 3709.05 of the Revised Code, as appropriate;
(8) Who participates in an alternative retirement plan 861
established under Chapter 3305. of the Revised Code; 862
(9) WHO IS A MEMBER OF THE BOARD OF DIRECTORS OF A 864
SANITARY DISTRICT ESTABLISHED UNDER CHAPTER 6115. OF THE REVISED 865
22
CODE.
(B) No inmate of a correctional institution operated by 868
the department of rehabilitation and correction, no patient in a 869
hospital for the mentally ill or criminally insane operated by 870
the department of mental health, no resident in an institution 871
for the mentally retarded operated by the department of mental 872
retardation and developmental disabilities, no resident admitted 873
as a patient of the Ohio veterans' home at Sandusky, and no 874
resident of a county home shall be considered as a public
employee for the purpose of establishing membership or 875
calculating service credit or benefits under this chapter. 876
Nothing in this section DIVISION shall be construed to affect any 878
service credit attained by any person who was a public employee 879
before becoming an inmate, patient, or resident at any 880
institution listed in this section DIVISION, or the payment of 881
any benefit for which such a person or the such a person's 883
beneficiaries would otherwise WOULD be eligible. 884
Sec. 4933.25. No sewage disposal system company 893
established after September 19, 1961, or expanding after October 895
2, 1969, or water-works company established or expanding after 896
October 2, 1969, shall construct, install, or operate sewage 898
disposal system facilities or water distribution facilities until 900
it has been issued a certificate of public convenience and
necessity by the public utilities commission. The public 902
utilities commission shall adopt rules prescribing requirements 904
and the manner and form in which sewage disposal system companies 907
and water-works companies shall apply for SUCH a certificate of 908
public convenience and necessity. 909
Before the public utilities commission issues a certificate 911
of public convenience and necessity, it may hold a public hearing 912
concerning the issuance of said THE certificate. Notice of such 914
THE hearing shall be given to the board of county commissioners 916
of any county and the chief executive authority of any municipal 917
corporation to be served by a sewage disposal system company or
23
water-works company. 918
As used in this section, "sewage disposal system company" 920
and "water-works company" have the SAME meanings set forth AS in 921
section 4905.03 of the Revised Code AND INCLUDE ONLY "PUBLIC 922
UTILITIES" AS DEFINED IN SECTION 4905.02 OF THE REVISED CODE. 923
Sec. 6112.03. Applications for approval of plans for the 932
construction and installation of such facilities UNDER THIS 933
CHAPTER shall be made in THE manner and form prescribed by the 935
director of environmental protection, AND shall be accompanied by 936
plans, specifications, and other data as THAT the director may 938
require, relative to the facilities for which approval of plans 940
is requested. Thereafter, the director shall act upon the 941
application in accordance with law and the regulations RULES 942
adopted pursuant thereto. No final detailed or construction 944
plans shall be approved by the director before he has received 945
written notice from the public utilities commission that a 947
certificate of public convenience and necessity has been issued 948
by it authorizing the construction, installation, and operation 949
of such facilities. Thereafter, any person making application to 950
the public utilities commission to abandon, withdraw, or close 951
for service any main sewer or sewage disposal works serving such 952
district shall, within five days thereafter, notify the director 953
of its having filed such application with the public utilities 954
commission.
Sec. 6112.99. Whoever violates sections SECTION 6112.02, 963
6112.03, or 6112.04 of the Revised Code shall be fined not more 965
than five hundred dollars.
Sec. 6115.10. Within thirty days after entering the decree 967
incorporating a sanitary district, providing the district is 968
wholly within one county, the court shall appoint one person who 969
shall be a resident freeholder ELECTOR within the district as a 971
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 972
more than one county or part thereof, each county is entitled to 974
24
one director who shall be a resident freeholder ELECTOR of that 975
county. In no event shall there be more than one director for 977
each county. The EXCEPT AS OTHERWISE PROVIDED IN SECTION
6115.103 OF THE REVISED CODE, THE court shall fill all vacancies 978
which THAT occur in the office of director. However, the board 980
of directors of a sanitary district organized after the effective 981
date of this amendment OCTOBER 9, 1981, wholly for the reduction 984
of populations of biting arthropods shall be composed and
appointed in accordance with section 6115.101 of the Revised 985
Code, AND THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED 986
WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 987
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 989
CORPORATIONS IN TWO COUNTIES SHALL BE COMPOSED AND APPOINTED IN
ACCORDANCE WITH SECTION 6115.103 OF THE REVISED CODE. 990
Sec. 6115.103. (A) THE BOARD OF DIRECTORS OF A SANITARY 992
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER 994
SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO 995
MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE APPOINTED AS 996
FOLLOWS:
(1) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE 998
OFFICER OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE 999
DISTRICT;
(2) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE 1,001
OFFICER OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE 1,002
DISTRICT;
(3) ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE 1,004
AUTHORITY OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE 1,005
DISTRICT;
(4) ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE 1,007
AUTHORITY OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE 1,008
DISTRICT.
A PERSON APPOINTED BY THE CHIEF EXECUTIVE OFFICER AND 1,010
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION SHALL BE A 1,012
RESIDENT OF THAT MUNICIPAL CORPORATION. 1,013
25
(B) THE INITIAL TERMS OF THE MEMBERS OF THE BOARD OF 1,016
DIRECTORS APPOINTED UNDER THIS SECTION SHALL BE AS FOLLOWS: 1,017
(1) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF 1,019
EXECUTIVE OFFICER OF THE MORE POPULOUS MUNICIPAL CORPORATION 1,020
INCLUDED IN THE DISTRICT, ONE YEAR FROM THE DATE OF THE MEMBER'S 1,021
APPOINTMENT;
(2) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF 1,023
EXECUTIVE OFFICER OF THE LESS POPULOUS MUNICIPAL CORPORATION 1,024
INCLUDED IN THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S 1,025
APPOINTMENT;
(3) IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE 1,027
AUTHORITY OF THE MORE POPULOUS MUNICIPAL CORPORATION INCLUDED IN 1,028
THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S 1,029
APPOINTMENT;
(4) IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE 1,031
AUTHORITY OF THE LESS POPULOUS MUNICIPAL CORPORATION INCLUDED IN 1,032
THE DISTRICT, THREE YEARS FROM THE DATE OF THE MEMBER'S 1,033
APPOINTMENT.
THEREAFTER, TERMS OF OFFICE OF ALL MEMBERS OF THE BOARD 1,036
SHALL BE THREE YEARS. EACH MEMBER OF THE BOARD APPOINTED UNDER
THIS SECTION SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 1,037
THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. A 1,038
VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL 1,039
APPOINTMENT. A MEMBER APPOINTED TO FILL A VACANCY OCCURRING 1,040
PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S
PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF 1,041
THAT TERM. A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE 1,042
EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR 1,043
TAKES OFFICE OR A PERIOD OF SIXTY DAYS ELAPSES, WHICHEVER OCCURS 1,044
FIRST. A MEMBER OF THE BOARD APPOINTED UNDER THIS SECTION MAY BE 1,045
REAPPOINTED. A MEMBER OF THE BOARD MAY BE REMOVED FOR CAUSE BY 1,046
THE APPOINTING AUTHORITY THAT ORIGINALLY APPOINTED THE MEMBER.
(C) THE APPOINTING AUTHORITIES DESIGNATED IN DIVISION (A) 1,049
OF THIS SECTION SHALL APPOINT A NEW BOARD WITHIN EACH SANITARY 1,050
26
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER 1,051
SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO 1,052
MUNICIPAL CORPORATIONS IN TWO COUNTIES. THE APPOINTING 1,053
AUTHORITIES SHALL MAKE THEIR APPOINTMENTS WITHIN SIXTY DAYS OF
THE EFFECTIVE DATE OF THIS SECTION. THE OFFICES OF THE MEMBERS 1,054
OF THE BOARD OF SUCH A DISTRICT EXISTING PRIOR TO THE EFFECTIVE 1,055
DATE OF THIS SECTION ARE ABOLISHED UPON THE APPOINTMENT OF THE 1,056
NEW MEMBERS OF THE BOARD AS REQUIRED BY THIS DIVISION. 1,057
(D) THE APPOINTING AUTHORITIES SPECIFIED UNDER DIVISION 1,060
(A) OF THIS SECTION SHALL ACCEPT AND CONSIDER ALL APPLICATIONS 1,061
SUBMITTED BY PERSONS ELIGIBLE TO BE APPOINTED UNDER DIVISION (A) 1,062
OF THIS SECTION.
Sec. 6115.104. (A) WITH RESPECT TO A SANITARY DISTRICT 1,065
ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR 1,066
DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 1,067
CORPORATIONS IN TWO COUNTIES, THERE SHALL BE APPOINTED, WITHIN 1,068
SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, A SANITARY
DISTRICT ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF ONE 1,069
MEMBER WHO USES WATER SUPPLIED DIRECTLY OR INDIRECTLY BY THE 1,070
DISTRICT TO BE APPOINTED FROM EACH MUNICIPAL CORPORATION OR 1,071
TOWNSHIP THAT RECEIVES ALL OR PART OF ITS WATER SUPPLY DIRECTLY 1,073
OR INDIRECTLY FROM THE DISTRICT. APPOINTMENTS TO THE COUNCIL
SHALL BE MADE BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE 1,075
MUNICIPAL CORPORATION OR THE TOWNSHIP, AS APPROPRIATE. WITHIN 1,076
TEN DAYS AFTER MAKING AN APPOINTMENT TO THE COUNCIL, THE 1,077
APPOINTING AUTHORITY SHALL SUBMIT AN AUTHENTICATED COPY OF THE 1,078
APPOINTMENT RESOLUTION TO THE BOARD OF DIRECTORS OF THE SANITARY 1,079
DISTRICT AND TO THE CLERK OF THE COURT. 1,080
(B) IF A MUNICIPAL CORPORATION OR TOWNSHIP THAT, PRIOR TO 1,083
THE EFFECTIVE DATE OF THIS SECTION, DID NOT RECEIVE ANY OF ITS 1,085
WATER SUPPLY FROM A SANITARY DISTRICT DESCRIBED IN DIVISION (A) 1,086
OF THIS SECTION BEGINS TO RECEIVE ALL OR PART OF ITS WATER SUPPLY 1,087
EITHER DIRECTLY OR INDIRECTLY FROM SUCH A DISTRICT AND THE 1,089
MUNICIPAL CORPORATION OR TOWNSHIP IS NOT REPRESENTED ON THE
27
ADVISORY COUNCIL OF THAT DISTRICT, THE LEGISLATIVE AUTHORITY OF 1,090
THE MUNICIPAL CORPORATION OR TOWNSHIP, WITHIN SIXTY DAYS AFTER IT 1,091
BEGINS RECEIVING ALL OR PART OF ITS WATER SUPPLY FROM THE 1,092
DISTRICT, SHALL APPOINT A REPRESENTATIVE TO THE COUNCIL AND MAKE 1,093
THE SUBMITTALS AS PROVIDED IN DIVISION (A) OF THIS SECTION. IF A 1,094
MUNICIPAL CORPORATION OR TOWNSHIP THAT, ON THE EFFECTIVE DATE OF 1,095
THIS SECTION, RECEIVES ALL OR PART OF ITS WATER SUPPLY FROM SUCH 1,096
A DISTRICT CEASES TO RECEIVE ANY OF ITS WATER SUPPLY EITHER 1,098
DIRECTLY OR INDIRECTLY FROM THE DISTRICT, THE MEMBER ON THE 1,099
ADVISORY COUNCIL REPRESENTING THAT MUNICIPAL CORPORATION OR
TOWNSHIP SHALL NO LONGER SERVE ON THE COUNCIL. 1,100
(C) A MAJORITY OF THE COUNCIL CONSTITUTES A QUORUM, AND A 1,103
CONCURRENCE OF THE MAJORITY IN ANY MATTER WITHIN THE COUNCIL'S 1,104
DUTIES IS SUFFICIENT FOR ITS DETERMINATION. THE COUNCIL SHALL
APPOINT ONE OF ITS MEMBERS AS CHAIRPERSON AND ONE MEMBER AS 1,105
SECRETARY. THE COUNCIL SHALL ADOPT BYLAWS GOVERNING ITS 1,106
PROCEEDINGS. THE COUNCIL SHALL MEET AT LEAST ONCE ANNUALLY AND 1,107
SHALL MEET UPON THE CALL OF ITS CHAIRPERSON OR OF THE PRESIDENT 1,108
OF THE BOARD OF DIRECTORS OF THE DISTRICT, OR WHENEVER A MAJORITY 1,109
OF THE MEMBERS OF THE COUNCIL, BY PETITION FILED WITH THE 1,110
CHAIRPERSON OF THE COUNCIL, REQUESTS A MEETING OF THE COUNCIL. 1,111
THE CHAIRPERSON SHALL CALL A MEETING OF THE COUNCIL WITHIN THIRTY 1,112
DAYS AFTER THE RECEIPT OF THE PETITION. 1,113
(D) THE COUNCIL SHALL DO BOTH OF THE FOLLOWING: 1,115
(1) ANNUALLY REVIEW AND EVALUATE THE RECEIPTS AND 1,117
DISBURSEMENTS OF FUNDS BY THE BOARD OF DIRECTORS DURING THE 1,118
PRECEDING CALENDAR YEAR;
(2) REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS TO THE 1,120
BOARD OF DIRECTORS REGARDING THE OPERATION, POLICIES, PROGRAMS, 1,121
AND IMPROVEMENTS OF THE DISTRICT. THE BOARD SHALL CONSIDER ALL 1,122
RECOMMENDATIONS MADE UNDER DIVISION (D)(2) OF THIS SECTION. 1,124
Sec. 6115.12. (A) The director or board of directors of a 1,133
sanitary district shall adopt a seal, and shall keep in a 1,134
well-bound book a record of all proceedings, minutes of all 1,135
28
meetings, certificates, contracts, bonds given by employees, and 1,136
all corporate acts. Such THE book shall be open to the 1,138
inspection of all owners of property in the district, as well as 1,139
AND to all other interested parties. 1,140
(B) IN ADDITION TO THE REQUIREMENTS ESTABLISHED IN SECTION 1,143
121.22 OF THE REVISED CODE, ANY COURT OF JURISDICTION MEETING 1,145
PURSUANT TO SECTION 6115.10 OF THE REVISED CODE IN REGARD TO THE 1,146
APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF THE BOARD 1,147
OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE 1,148
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND 1,149
PUBLIC USE OR MEETING FOR ANY OTHER MATTER REGARDING SUCH A 1,150
DISTRICT OTHER THAN LITIGATION INVOLVING THE DISTRICT SHALL KEEP 1,151
A WRITTEN TRANSCRIPT OF THE MEETING AND SHALL MAKE THE TRANSCRIPT 1,153
AVAILABLE TO THE PUBLIC UPON REQUEST.
Sec. 6115.141. THE PROHIBITION AND REQUIREMENTS 1,155
ESTABLISHED UNDER DIVISION (D) OF SECTION 5705.41 OF THE REVISED 1,157
CODE, OTHER THAN THOSE APPLICABLE SOLELY TO COUNTIES, APPLY TO A 1,158
SANITARY DISTRICT ESTABLISHED UNDER THIS CHAPTER. 1,159
Sec. 6115.191. IF A MUNICIPAL CORPORATION, TOWNSHIP, OR 1,161
OTHER MEMBER OR CUSTOMER OF A SANITARY DISTRICT ORGANIZED WHOLLY 1,162
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 1,163
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 1,164
CORPORATIONS IN TWO COUNTIES IS DELINQUENT IN PAYING ANY MONEYS 1,165
OWED TO THE SANITARY DISTRICT FOR THE SUPPLY OF WATER FROM THE 1,166
DISTRICT, THE BOARD OF DIRECTORS OF THE SANITARY DISTRICT MAY 1,167
ASSESS INTEREST ON THE UNPAID BALANCE THAT REFLECTS 1,168
ADMINISTRATIVE AND FINANCIAL COSTS INCURRED BY THE SANITARY 1,169
DISTRICT AS A RESULT OF THE DELINQUENCY. 1,170
Sec. 6115.20. (A) When it is determined to let the work 1,179
relating to the improvements for which a sanitary district was 1,180
established by contract, contracts in amounts to exceed ten 1,181
thousand dollars shall be advertised after notice calling for 1,182
bids has been published once a week for five consecutive weeks 1,183
completed on THE date of last publication, in at least one 1,184
29
newspaper of general circulation within the sanitary district 1,185
where the work is to be done. The board of directors of the 1,186
sanitary district may reject any bid and accept any remaining bid 1,187
SHALL LET BIDS as provided in this section or, if applicable, 1,189
section 9.312 of the Revised Code, or may advertise for other 1,190
bids. If the board advertises for other bids, the advertisement 1,191
shall be published in a newspaper of general circulation within 1,192
the sanitary district at a time and in a form as directed by the 1,193
board. If the bids are for a contract for the construction, 1,194
demolition, alteration, repair, or reconstruction of an 1,195
improvement, the board of directors of the sanitary district may 1,196
SHALL let the contract to the lowest or best bidder who meets the 1,198
requirements of section 153.54 of the Revised Code. If the bids 1,199
are for a contract for any other work relating to the 1,200
improvements for which a sanitary district was established, the 1,201
board of directors of the sanitary district may SHALL let the 1,202
contract to the lowest or best bidder who gives a good and 1,204
approved bond, with ample security, conditioned on the carrying 1,205
out of the contract and the payment for all labor and material. 1,206
Such THE contract shall be in writing and shall be accompanied by 1,207
or shall refer to plans and specifications for the work to be 1,208
done prepared by the chief engineer. The plans and 1,209
specifications shall at all times SHALL be made and considered a 1,210
part of the contract. The contract shall be approved by the 1,211
board and signed by the president of the board and by the 1,212
contractor, and shall be executed in duplicate. In case of 1,213
emergency the advertising of contracts may be waived upon the 1,214
consent of the board with the approval of the court or judge in 1,215
vacation.
(B) IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY 1,217
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 1,219
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 1,220
CORPORATIONS IN TWO COUNTIES, ANY SERVICE TO BE PURCHASED, 1,221
INCLUDING THE SERVICES OF AN ACCOUNTANT, ARCHITECT, ATTORNEY AT 1,222
30
LAW, PHYSICIAN, OR PROFESSIONAL ENGINEER, AT A COST IN EXCESS OF
TEN THOUSAND DOLLARS SHALL BE OBTAINED IN THE MANNER PROVIDED IN 1,223
SECTIONS 153.65 TO 153.71 OF THE REVISED CODE. FOR THE PURPOSES 1,225
OF THE APPLICATION OF THOSE SECTIONS TO DIVISION (B) OF THIS 1,227
SECTION, ALL OF THE FOLLOWING APPLY: 1,228
(1) "PUBLIC AUTHORITY," AS USED IN THOSE SECTIONS, SHALL 1,230
BE DEEMED TO MEAN A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE 1,231
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND 1,232
PUBLIC USE THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO 1,233
COUNTIES; 1,234
(2) "PROFESSIONAL DESIGN FIRM," AS USED IN THOSE SECTIONS, 1,237
SHALL BE DEEMED TO MEAN ANY PERSON LEGALLY ENGAGED IN RENDERING 1,238
PROFESSIONAL DESIGN SERVICES AS DEFINED IN DIVISION (B)(3) OF 1,239
THIS SECTION;
(3) "PROFESSIONAL DESIGN SERVICES," AS USED IN THOSE 1,241
SECTIONS, SHALL BE DEEMED TO MEAN ACCOUNTING, ARCHITECTURAL, 1,242
LEGAL, MEDICAL, OR PROFESSIONAL ENGINEERING SERVICES; 1,243
(4) THE USE OF OTHER TERMS IN THOSE SECTIONS SHALL BE 1,245
ADAPTED ACCORDINGLY, INCLUDING, WITHOUT LIMITATION, FOR THE 1,246
PURPOSES OF DIVISION (D)(2) OF SECTION 153.67 OF THE REVISED 1,249
CODE;
(5) DIVISIONS (A) TO (C) OF SECTION 153.71 OF THE REVISED 1,253
CODE DO NOT APPLY.
(C) THE BOARD OF DIRECTORS OF A DISTRICT ORGANIZED WHOLLY 1,256
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 1,257
MUNICIPAL, AND PUBLIC USE MAY CONTRACT FOR, PURCHASE, OR
OTHERWISE PROCURE FOR THE BENEFIT OF EMPLOYEES OF THE DISTRICT 1,258
AND PAY ALL OR ANY PART OF THE COST OF GROUP INSURANCE POLICIES 1,259
THAT MAY PROVIDE BENEFITS, INCLUDING, BUT NOT LIMITED TO, 1,260
HOSPITALIZATION, SURGICAL CARE, MAJOR MEDICAL CARE, DISABILITY, 1,261
DENTAL CARE, VISION CARE, MEDICAL CARE, HEARING AIDS, OR
PRESCRIPTION DRUGS. ANY GROUP INSURANCE POLICY PURCHASED UNDER 1,262
THIS DIVISION SHALL BE PURCHASED FROM THE HEALTH CARE CORPORATION 1,263
THAT THE BOARD OF DIRECTORS DETERMINES OFFERS THE MOST 1,264
31
COST-EFFECTIVE GROUP INSURANCE POLICY. 1,266
Sec. 6115.65. The (A) EXCEPT AS OTHERWISE PROVIDED IN 1,268
DIVISION (B) OF THIS SECTION, THE members of the board of 1,269
directors of a sanitary district and the members of the board of 1,270
appraisers of a sanitary district shall receive proper 1,271
compensation to be fixed by the court in accordance with the time 1,272
actually employed in performance of THEIR duties and shall also 1,273
SHALL receive necessary expenses incurred in performance of 1,274
PERFORMING THEIR duties. MEMBERS OF THE BOARDS OF DIRECTORS AND 1,275
APPRAISERS SHALL BE PROVIDED WORKERS' COMPENSATION COVERAGE UNDER 1,276
CHAPTER 4123. OF THE REVISED CODE. MEMBERS OF THE BOARD OF 1,277
DIRECTORS SHALL NOT RECEIVE BENEFITS FROM THE DISTRICT,
INCLUDING, WITHOUT LIMITATION, MEDICAL CARE, DENTAL CARE, VISION 1,278
CARE, LIFE INSURANCE COVERAGE, HOLIDAY PAY, AND LEAVE TIME OF ANY 1,279
SORT.
(B)(1) MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY 1,281
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER 1,282
SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE SHALL BE 1,283
COMPENSATED ON A PER DIEM BASIS FOR NO MORE THAN TWELVE MEETING 1,284
DAYS PER YEAR AND ALSO SHALL RECEIVE NECESSARY EXPENSES INCURRED 1,285
IN PERFORMING THEIR DUTIES AS MEMBERS OF THE BOARD. THE PER DIEM 1,286
COMPENSATION OF THE MEMBERS SHALL BE ESTABLISHED BY THE COURT AT
A RATE NOT EXCEEDING TWO HUNDRED DOLLARS PER DAY. 1,287
(2) MEMBERS OF THE BOARD OF DIRECTORS SHALL NOT RECEIVE 1,288
REIMBURSEMENT FOR EXPENSES FOR MEALS, LODGING, AND OTHER EXPENSES 1,290
RELATED TO OUT-OF-STATE TRAVEL IN EXCESS OF FIVE THOUSAND DOLLARS 1,291
IN ANY CALENDAR YEAR AND SHALL RECEIVE NO REIMBURSEMENT FOR ANY 1,292
OUT-OF-STATE TRAVEL EXPENSES FOR ENTERTAINMENT, ALCOHOLIC
BEVERAGES, TIPS, OR OTHER GRATUITIES. THE MEMBERS SHALL NOT 1,293
RECEIVE REIMBURSEMENT FOR EXPENSES FOR OUT-OF-STATE TRAVEL 1,294
EXPENSES IF THE EXPENSES COULD HAVE BEEN AVOIDED THROUGH THE USE 1,295
OF A TELEPHONE, FAX MACHINE, OR OTHER ELECTRONIC MEDIUM. THE 1,296
BOARD OF DIRECTORS SHALL ADOPT POLICIES SETTING FORTH THE
CIRCUMSTANCES IN WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND THE 1,298
32
PROCEDURES FOR THE REIMBURSEMENT OF THE MEMBERS FOR ANY 1,299
OUT-OF-STATE TRAVEL EXPENSES THAT ARE PERMITTED TO BE REIMBURSED 1,300
UNDER THIS SECTION. ALL FINANCIAL STATEMENTS OR REPORTS OF THE 1,301
BOARD SHALL BE PREPARED ACCORDING TO GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES. 1,302
(C) Before any duties devolve upon a county auditor or a 1,304
county treasurer under sections 6115.01 to 6115.79, inclusive, of 1,306
the Revised Code THIS CHAPTER, the board of directors shall 1,307
consult them THE AUDITOR OR TREASURER and agree upon the salaries 1,308
for the extra clerical force required in their EACH OFFICER'S 1,309
respective offices OFFICE to carry out the requirements of the 1,311
law by reason of the establishment of said THE district. The 1,312
board of directors shall provide for and pay said THE AGREED UPON 1,313
salaries to said THOSE clerks while engaged in the work of the 1,314
district. Such THE clerks shall be selected and appointed by 1,315
each of said THOSE county officers for their respective offices. 1,316
In case of disagreement as to the compensation of such THE extra 1,317
clerical force, the matter shall be referred to the court for its 1,318
determination.
Section 2. That existing sections 102.02, 121.22, 145.012, 1,320
4933.25, 6112.03, 6112.99, 6115.10, 6115.12, 6115.20, and 6115.65 1,321
of the Revised Code are hereby repealed. 1,322
Section 3. Section 102.02 of the Revised Code is presented 1,325
in this act as a composite of the section as amended by both Am.
Sub. H.B. 215 and Sub. H.B. 269 of the 122nd General Assembly, 1,326
with the new language of neither of the acts shown in capital 1,327
letters. Section 145.012 of the Revised Code is presented in 1,328
this act as a composite of the section as amended by both Sub. 1,329
H.B. 405 and Am. Sub. H.B. 586 of the 121st General Assembly, 1,330
with the new language of neither of the acts shown in capital 1,331
letters. This is in recognition of the principle stated in 1,332
division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively 1,333
irreconcilable and constitutes a legislative finding that such 1,334
33
are the resulting versions in effect prior to the effective date 1,336
of this act.