As Passed by the Senate 1
122nd General Assembly 4
Regular Session 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 102.02, 121.22, 145.012, 4933.25, 13
6112.03, 6112.99, 6115.10, 6115.12, 6115.20, and 14
6115.65 and to enact sections 6115.103, 6115.104, 15
6115.141, and 6115.191 of the Revised Code to 16
alter the composition and method of appointment 17
of the members of the boards of directors of 18
certain existing sanitary districts organized to 19
provide a water supply for domestic, municipal, 20
and public use; to limit the compensation paid 21
and benefits provided to board members; to
require the members of the boards of directors of 22
those sanitary districts to file a financial 23
disclosure statement with the Ohio Ethics 24
Commission; to subject all sanitary districts to
certain financial certification requirements 25
prior to expending moneys; and to eliminate the 26
requirement that the Public Utilities Commission 27
issue certificates of public convenience and 28
necessity for certain private sewage disposal
systems and for sewage disposal system companies 29
and waterworks companies that are not public 30
utilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 102.02, 121.22, 145.012, 4933.25, 33
6112.03, 6112.99, 6115.10, 6115.12, 6115.20, and 6115.65 be 34
2
amended and sections 6115.103, 6115.104, 6115.141, and 6115.191 35
of the Revised Code be enacted to read as follows: 36
Sec. 102.02. (A) Except as otherwise provided in division 46
(H) of this section, every person who is elected to or is a 47
candidate for a state, county, or city office, or the office of 48
member of the United States congress, and every person who is 49
appointed to fill a vacancy for an unexpired term in such an 50
elective office; all members of the state board of education; the 52
director, assistant directors, deputy directors, division chiefs, 53
or persons of equivalent rank of any administrative department of 54
the state; the president or other chief administrative officer of 55
every state institution of higher education as defined in section 56
3345.011 of the Revised Code; the chief executive officer of each 57
state retirement system; all members of the board of 58
commissioners on grievances and discipline of the supreme court 59
and the ethics commission created under section 102.05 of the 60
Revised Code; every business manager, treasurer, or 61
superintendent of a city, local, exempted village, joint 62
vocational, or cooperative education school district or an 63
educational service center; every person who is elected to or is 64
a candidate for the office of member of a board of education of a 65
city, local, exempted village, joint vocational, or cooperative 66
education school district or of a governing board of an 67
educational service center that has an average daily membership 68
of twelve thousand or more as most recently certified to the 69
state board of education pursuant to division (A) of section 70
3317.03 of the Revised Code; every person who is appointed to the 71
board of education of a municipal school district pursuant to 72
division (B) or (F) of section 3311.71 of the Revised Code; ALL 73
MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT 74
ESTABLISHED UNDER CHAPTER 6115. OF THE REVISED CODE AND ORGANIZED 75
WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 76
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL
CORPORATIONS IN TWO COUNTIES; every public official or employee 78
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who is paid a salary or wage in accordance with schedule C of 79
section 124.15 or schedule E-2 of section 124.152 of the Revised 80
Code; and every other public official or employee who is 81
designated by the appropriate ethics commission pursuant to 82
division (B) of this section shall file with the appropriate 83
ethics commission on a form prescribed by the commission, a 84
statement disclosing ALL OF THE FOLLOWING: 85
(1) The name of the person filing the statement and each 87
member of the person's immediate family and all names under which 89
the person or members of the person's immediate family does DO 90
business; 91
(2)(a) Subject to divisions (A)(2)(b) and (c) of this 93
section and except as otherwise provided in section 102.022 of 94
the Revised Code, identification of every source of income, other 95
than income from a legislative agent identified in division 96
(A)(2)(b) of this section, received during the preceding calendar 97
year, in the person's own name or by any other person for the 99
person's use or benefit, by the person filing the statement, and 100
a brief description of the nature of the services for which the 101
income was received. If the person filing the statement is a 102
member of the general assembly, the statement shall identify the 103
amount of every source of income received in accordance with the 104
following ranges of amounts: zero or more, but less than one 105
thousand dollars; one thousand dollars or more, but less than ten 106
thousand dollars; ten thousand dollars or more, but less than 107
twenty-five thousand dollars; twenty-five thousand dollars or 108
more, but less than fifty thousand dollars; fifty thousand 109
dollars or more, but less than one hundred thousand dollars; and 110
one hundred thousand dollars or more. Division (A)(2)(a) of this 111
section shall not be construed to require a person filing the 112
statement who derives income from a business or profession to 113
disclose the individual items of income that constitute the gross 114
income of that business or profession, except for those 115
individual items of income that are attributable to the person's 116
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or, if the income is shared with the person, the partner's, 117
solicitation of services or goods or performance, arrangement, or 118
facilitation of services or provision of goods on behalf of the 119
business or profession of clients, including corporate clients, 120
who are legislative agents as defined in section 101.70 of the 121
Revised Code. A person who files the statement under this 122
section shall disclose the identity of and the amount of income 123
received from a person whom WHO the public official or employee 125
knows or has reason to know is doing or seeking to do business of 126
any kind with the public official's or employee's agency. 127
(b) If the person filing the statement is a member of the 129
general assembly, the statement shall identify every source of 130
income and the amount of that income that was received from a 131
legislative agent, as defined in section 101.70 of the Revised 132
Code, during the preceding calendar year, in the person's own 134
name or by any other person for the person's use or benefit, by 135
the person filing the statement, and a brief description of the 137
nature of the services for which the income was received. 138
Division (A)(2)(b) of this section requires the disclosure of 139
clients of attorneys or persons licensed under section 4732.12 of 140
the Revised Code, or patients of persons certified under section 141
4731.14 of the Revised Code, if those clients or patients are 142
legislative agents. Division (A)(2)(b) of this section requires 143
a person filing the statement who derives income from a business 144
or profession to disclose those individual items of income that 145
constitute the gross income of that business or profession that 146
are received from legislative agents. 147
(c) Except as otherwise provided in division (A)(2)(c) of 149
this section, division (A)(2)(a) of this section applies to 150
attorneys, physicians, and other persons who engage in the 151
practice of a profession and who, pursuant to a section of the 152
Revised Code, the common law of this state, a code of ethics 153
applicable to the profession, or otherwise, generally are 154
required not to reveal, disclose, or use confidences of clients, 155
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patients, or other recipients of professional services except 156
under specified circumstances or generally are required to 157
maintain those types of confidences as privileged communications 158
except under specified circumstances. Division (A)(2)(a) of this 159
section does not require an attorney, physician, or other 160
professional subject to a confidentiality requirement as 161
described in division (A)(2)(c) of this section to disclose the 162
name, other identity, or address of a client, patient, or other 163
recipient of professional services if the disclosure would 164
threaten the client, patient, or other recipient of professional 165
services, would reveal details of the subject matter for which 166
legal, medical, or professional advice or other services were 167
sought, or would reveal an otherwise privileged communication 168
involving the client, patient, or other recipient of professional 169
services. Division (A)(2)(a) of this section does not require an 170
attorney, physician, or other professional subject to a 171
confidentiality requirement as described in division (A)(2)(c) of 172
this section to disclose in the brief description of the nature 173
of services required by division (A)(2)(a) of this section any 174
information pertaining to specific professional services rendered 175
for a client, patient, or other recipient of professional 176
services that would reveal details of the subject matter for 177
which legal, medical, or professional advice was sought or would 178
reveal an otherwise privileged communication involving the 179
client, patient, or other recipient of professional services. 180
(3) The name of every corporation on file with the 182
secretary of state that is incorporated in Ohio THIS STATE or 183
holds a certificate of compliance authorizing it to do business 185
in this state, trust, business trust, partnership, or association 186
that transacts business in Ohio THIS STATE in which the person 187
filing the statement or any other person for the person's use and 189
benefit had during the preceding calendar year an investment of 191
over one thousand dollars at fair market value as of the 192
thirty-first day of December of the preceding calendar year, or 193
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the date of disposition, whichever is earlier, or in which the 194
person holds any office or has a fiduciary relationship, and a 195
description of the nature of the investment, office, or 196
relationship. This division DIVISION (A)(3) OF THIS SECTION does 197
not require disclosure of the name of any bank, savings and loan 199
association, credit union, or building and loan association with 200
which the person filing the statement has a deposit or a 201
withdrawable share account.
(4) All fee simple and leasehold interests to which the 203
person filing the statement holds legal title to or a beneficial 204
interest in real property located within the state, excluding the 205
person's residence and property used primarily for personal 206
recreation; 207
(5) The names of all persons residing or transacting 209
business in the state to whom the person filing the statement 210
owes, in the person's own name or in the name of any other 211
person, more than one thousand dollars. This division DIVISION 213
(A)(5) OF THIS SECTION shall not be construed to require the 215
disclosure of debts owed by the person resulting from the 216
ordinary conduct of a business or profession or debts on the 217
person's residence or real property used primarily for personal 218
recreation, except that the superintendent of financial
institutions shall disclose the names of all state-chartered 221
savings and loan associations and of all service corporations 223
subject to regulation under division (E)(2) of section 1151.34 of 224
the Revised Code to whom the superintendent in the 225
superintendent's own name or in the name of any other person owes 226
any money, and that the superintendent and any deputy 227
superintendent of banks shall disclose the names of all 228
state-chartered banks and all bank subsidiary corporations 229
subject to regulation under section 1109.44 of the Revised Code 230
to whom the superintendent or deputy superintendent owes any 231
money.
(6) The names of all persons residing or transacting 233
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business in the state, other than a depository excluded under 234
division (A)(3) of this section, who owes OWE more than one 235
thousand dollars to the person filing the statement, either in 237
the person's own name or to any person for the person's use or 239
benefit. This division DIVISION (A)(6) OF THIS SECTION shall not 241
be construed to require the disclosure of clients of attorneys or 242
persons licensed under section 4732.12 or 4732.15 of the Revised 243
Code, or patients of persons certified under section 4731.14 of 244
the Revised Code, nor the disclosure of debts owed to the person 245
resulting from the ordinary conduct of a business or profession. 246
(7) Except as otherwise provided in section 102.022 of the 248
Revised Code, the source of each gift of over seventy-five 249
dollars, or of each gift of over twenty-five dollars received by 250
a member of the general assembly from a legislative agent, 251
received by the person in the person's own name or by any other 253
person for the person's use or benefit during the preceding 254
calendar year, except gifts received by will or by virtue of 256
section 2105.06 of the Revised Code, or received from spouses, 257
parents, grandparents, children, grandchildren, siblings, 258
nephews, nieces, uncles, aunts, brothers-in-law, sisters-in-law, 259
sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, or 260
any person to whom the person filing the statement stands in loco 261
parentis, or received by way of distribution from any inter vivos 262
or testamentary trust established by a spouse or by an ancestor; 263
(8) Except as otherwise provided in section 102.022 of the 265
Revised Code, identification of the source and amount of every 266
payment of expenses incurred for travel to destinations inside or 267
outside this state that is received by the person in the person's 269
own name or by any other person for the person's use or benefit 270
and that is incurred in connection with the person's official 272
duties except for expenses for travel to meetings or conventions 273
of a national or state organization to which either house of the 274
general assembly, any legislative agency, a state institution of 275
higher education as defined in section 3345.031 of the Revised 276
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Code, any other state agency, or any political subdivision or any 277
office or agency of a political subdivision pays membership dues; 278
(9) Except as otherwise provided in section 102.022 of the 280
Revised Code, identification of the source of payment of expenses 281
for meals and other food and beverages, other than for meals and 282
other food and beverages provided at a meeting at which the 283
person participated in a panel, seminar, or speaking engagement 284
or at a meeting or convention of a national or state organization 285
to which either house of the general assembly, any legislative 286
agency, a state institution of higher education as defined in 287
section 3345.031 of the Revised Code, any other state agency, or 288
any political subdivision or any office or agency of a political 289
subdivision pays membership dues, that are incurred in connection 290
with the person's official duties and that exceed one hundred 291
dollars aggregated per calendar year; 292
(10) If the financial disclosure statement is filed by a 294
public official or employee described in division (B)(2) of 295
section 101.73 of the Revised Code or division (B)(2) of section 296
121.63 of the Revised Code who receives a statement from a 297
legislative agent, executive agency lobbyist, or employer that 298
contains the information described in division (F)(2) of section 299
101.73 of the Revised Code or division (G)(2) of section 121.63 300
of the Revised Code, all of the nondisputed information contained 301
in the statement delivered to that public official or employee by 302
the legislative agent, executive agency lobbyist, or employer 303
under division (F)(2) of section 101.73 or (G)(2) of section 304
121.63 of the Revised Code. As used in division (A)(10) of this 305
section, "legislative agent," "executive agency lobbyist," and 306
"employer" have the same meanings as in sections 101.70 and 307
121.60 of the Revised Code. 308
A person may file a statement required by this section in 310
person or by mail. A person who is a candidate for elective 311
office shall file the statement no later than the thirtieth day 313
before the primary, special, or general election at which such 314
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THE candidacy is to be voted on, whichever election occurs sooner 316
SOONEST, except THAT a person who is a write-in candidate shall 318
file the statement no later than the twentieth day before the 319
earliest election at which the person's candidacy is to be voted 320
on. A person who holds elective office shall file the statement 322
on or before the fifteenth day of April of each year, unless the 324
person is a candidate for office. A person who is appointed to 326
fill a vacancy for an unexpired term in an elective office shall 327
file the statement within fifteen days after the person qualifies 329
for office. Other persons shall file an annual statement on or 331
before the fifteenth day of April or, if appointed or employed 332
after that date, within ninety days after appointment or 333
employment. No person shall be required to file with the 334
appropriate ethics commission more than one statement or pay more 335
than one filing fee for any one calendar year. 336
The appropriate ethics commission, for good cause, may 338
extend for a reasonable time the deadline for filing a disclosure 339
statement under this section. 340
A statement filed under this section is subject to public 342
inspection at locations designated by the appropriate ethics 343
commission except as otherwise provided in this section. 344
(B) The Ohio ethics commission, the joint legislative 346
ethics committee, and the board of commissioners on grievances 347
and discipline of the supreme court, using the rule-making 348
procedures of Chapter 119. of the Revised Code, may require any 349
class of public officials or employees under its jurisdiction and 350
not specifically excluded by this section whose positions involve 351
a substantial and material exercise of administrative discretion 352
in the formulation of public policy, expenditure of public funds, 353
enforcement of laws and rules of the state or a county or city, 354
or the execution of other public trusts, to file an annual 355
statement on or before the fifteenth day of April under division 356
(A) of this section. The appropriate ethics commission shall 357
send the public officials or employees written notice of the 358
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requirement by the fifteenth day of February of each year the 359
filing is required, unless the public official or employee is 360
appointed after that date, in which case the notice shall be sent 361
within thirty days after appointment, and the filing shall be 362
made not later than ninety days after appointment. 363
Disclosure statements filed under this division with the 365
Ohio ethics commission by members of boards, commissions, or 366
bureaus of the state for which no compensation is received other 367
than reasonable and necessary expenses shall be kept 368
confidential. Disclosure statements filed with the Ohio ethics 370
commission under division (A) of this section by business 371
managers, treasurers, and superintendents of city, local, 372
exempted village, joint vocational, or cooperative education 373
school districts or educational service centers shall be kept 374
confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117. 375
of the Revised Code may examine the disclosure statement of any 376
business manager, treasurer, or superintendent of that school 377
district or educational service center. The Ohio ethics 378
commission shall examine each disclosure statement required to be 379
kept confidential to determine whether a potential conflict of 380
interest exists for the person who filed the disclosure 381
statement. A potential conflict of interest exists if the 382
private interests of the person, as indicated by the person's 383
disclosure statement, might interfere with the public interests 385
the person is required to serve in the exercise of the person's 386
authority and duties in the person's office or position of 387
employment. If the commission determines that a potential 388
conflict of interest exists, it shall notify the person who filed 389
the disclosure statement and shall make the portions of the 390
disclosure statement that indicate a potential conflict of 391
interest subject to public inspection in the same manner as is 392
provided for other disclosure statements. Any portion of the 393
disclosure statement that the commission determines does not 394
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indicate a potential conflict of interest shall be kept 395
confidential by the commission and shall not be made subject to 396
public inspection, except as is necessary for the enforcement of 397
Chapters 102. and 2921. of the Revised Code and except as 398
otherwise provided in this paragraph DIVISION. 399
(C) No person shall knowingly fail to file, on or before 401
the applicable filing deadline ESTABLISHED under this section, a 402
statement that is required by this section. 404
(D) No person shall knowingly file a false statement that 406
is required to be filed under this section. 407
(E)(1) Except as provided in divisions (E)(2) and (3) of 409
this section, on and after March 2, 1994, the statement required 410
by division (A) or (B) of this section shall be accompanied by a 412
filing fee of twenty-five dollars. 413
(2) The statement required by division (A) of this section 415
shall be accompanied by a filing fee to be paid by the person who 416
is elected or appointed to or is a candidate for any of the 417
following offices: 418
For state office, except member of 420
state board of education $50 421
For office of member of United States 422
congress or member of general assembly $25 423
For county office $25 424
For city office $10 425
For office of member of state board 426
of education $10 427
For office of member of city, local, 428
exempted village, or cooperative 429
education board of 430
education or educational service 431
center governing board $ 5 432
For position of business manager, 433
treasurer, or superintendent of 434
city, local, exempted village, joint 435
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vocational, or cooperative education 436
school district or 437
educational service center $ 5 438
(3) No judge of a court of record or candidate for judge 440
of such a court, and no referee or magistrate serving a court of 441
record, shall be required to pay the fee required under division 442
(E)(1) or (2), or (F) of this section. 443
(4) For any public official who is appointed to a 445
nonelective office of the state and for any employee who holds a 446
nonelective position in a public agency of the state, the state 447
agency that is the primary employer of the state official or 448
employee shall pay the fee required under division (E)(1) or (F) 449
of this section. 450
(F) If a statement required to be filed under this section 452
is not filed by the date on which it is required to be filed, the 453
appropriate ethics commission shall assess the person required to 454
file the statement a late filing fee equal to one-half of the 455
applicable filing fee for each day the statement is not filed, 456
except that the total amount of the late filing fee shall not 457
exceed one hundred dollars. 458
(G)(1) The appropriate ethics commission other than the 460
Ohio ethics commission shall deposit all fees it receives under 461
divisions (E) and (F) of this section into the general revenue 462
fund of the state. 463
(2) The Ohio ethics commission shall deposit all fees it 465
receives under divisions (E) and (F) of this section and all 466
moneys it receives from settlements under division (G) of section 467
102.06 of the Revised Code into the Ohio ethics commission fund, 468
which is hereby created in the state treasury. All moneys 469
credited to the fund shall be used solely for expenses related to 470
the operation of the commission. 471
(H) Division (A) of this section does not apply to a 473
person elected or appointed to the office of precinct, ward, or 474
district committee member under Chapter 3517. of the Revised 475
13
Code; a presidential elector; a delegate to a national 476
convention; village or township officials and employees; any 477
physician or psychiatrist who is paid a salary or wage in 478
accordance with schedule C of section 124.15 or schedule E-2 of 479
section 124.152 of the Revised Code and whose primary duties do 480
not require the exercise of administrative discretion; or any 481
member of a board, commission, or bureau of any county or city 482
who receives less than one thousand dollars per year for serving 483
in that position. 484
Sec. 121.22. (A) This section shall be liberally 493
construed to require public officials to take official action and 494
to conduct all deliberations upon official business only in open 495
meetings, unless the subject matter is specifically excepted by 496
law. 497
(B) As used in this section: 499
(1) "Public body" means either ANY of the following: 501
(a) Any board, commission, committee, council, or similar 503
decision-making body of a state agency, institution, or 504
authority, and any legislative authority or board, commission, 505
committee, council, agency, authority, or similar decision-making 507
body of any county, township, municipal corporation, school 508
district, or other political subdivision or local public 509
institution;
(b) Any committee or subcommittee of a body described in 511
division (B)(1)(a) of this section; 512
(c) A COURT OF JURISDICTION OF A SANITARY DISTRICT 514
ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR 515
DOMESTIC, MUNICIPAL, AND PUBLIC USE WHEN MEETING FOR THE PURPOSE 517
OF THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF THE 518
BOARD OF DIRECTORS OF SUCH A DISTRICT PURSUANT TO SECTION 6115.10
OF THE REVISED CODE, IF APPLICABLE, OR FOR ANY OTHER MATTER 519
RELATED TO SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE 520
DISTRICT. AS USED IN DIVISION (B)(1)(c) OF THIS SECTION, "COURT 521
OF JURISDICTION" HAS THE SAME MEANING AS "COURT" IN SECTION 522
14
6115.01 OF THE REVISED CODE.
(2) "Meeting" means any prearranged discussion of the 524
public business of the public body by a majority of its members. 525
(3) "Regulated individual" means EITHER OF THE FOLLOWING: 527
(a) Any A student in a state or local public educational 529
institution; 530
(b) Any A person who is, voluntarily or involuntarily, an 532
inmate, patient, or resident of a state or local institution 533
because of criminal behavior, mental illness or retardation, 534
disease, disability, age, or other condition requiring custodial 535
care. 536
(C) All meetings of any public body are declared to be 538
public meetings open to the public at all times. A member of a 539
public body must SHALL be present in person at a meeting open to 540
the public to be considered present or to vote at the meeting and 542
for purposes of determining whether a quorum is present at the 543
meeting. 544
The minutes of a regular or special meeting of any public 547
body shall be promptly prepared, filed, and maintained and shall 548
be open to public inspection. The minutes need only reflect the 549
general subject matter of discussions in executive sessions 550
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 552
audit conference conducted by the auditor of state or independent 553
certified public accountants with officials of the public office 554
that is the subject of the audit, to the adult parole authority 555
when its hearings are conducted at a correctional institution for 556
the sole purpose of interviewing inmates to determine parole or 557
pardon, to the organized crime investigations commission 558
established under section 177.01 of the Revised Code, to the 559
state medical board when determining whether to suspend a 560
certificate without a prior hearing pursuant to division (D) of 561
section 4731.22 of the Revised Code, to the board of nursing when 562
determining whether to suspend a license without A prior hearing 563
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pursuant to division (B) of section 4723.181 of the Revised Code, 564
or to the executive committee of the emergency response 565
commission when determining whether to issue an enforcement order 566
or request that a civil action, civil penalty action, or criminal 567
action be brought to enforce Chapter 3750. of the Revised Code. 568
(E) The controlling board, the development financing 570
advisory council, the industrial technology and enterprise 571
advisory council, the tax credit authority, or the minority 573
development financing commission ADVISORY BOARD, when meeting to 574
consider granting assistance pursuant to Chapter 122. or 166. of 575
the Revised Code, in order to protect the interest of the 576
applicant or the possible investment of public funds, by 577
unanimous vote of all board, council, OR authority, or commission 579
members present, may close the meeting during consideration of 581
the following information confidentially received by the 582
commission, authority, council, or board from the applicant: 584
(1) Marketing plans; 586
(2) Specific business strategy; 588
(3) Production techniques and trade secrets; 590
(4) Financial projections; 592
(5) Personal financial statements of the applicant or 594
members of the applicant's immediate family, including, but not 595
limited to, tax records or other similar information not open to 597
public inspection. 598
The vote by the commission, authority, council, or board to 600
accept or reject the application, as well as all proceedings of 602
the commission, authority, council, or board not subject to this 603
division, shall be open to the public and governed by this 605
section.
(F) Every public body, by rule, shall establish a 607
reasonable method whereby any person may determine the time and 608
place of all regularly scheduled meetings and the time, place, 609
and purpose of all special meetings. A public body shall not 610
hold a special meeting unless it gives at least twenty-four 611
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hours' advance notice to the news media that have requested 612
notification, except in the event of an emergency requiring 613
immediate official action. In the event of an emergency, the 614
member or members calling the meeting shall notify the news media 615
that have requested notification immediately of the time, place, 616
and purpose of the meeting. 617
The rule shall provide that any person, upon request and 620
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 621
business is to be discussed. Provisions for advance notification 622
may include, but are not limited to, mailing the agenda of 623
meetings to all subscribers on a mailing list or mailing notices 624
in self-addressed, stamped envelopes provided by the person. 625
(G) Except as provided in division (J) of this section, 628
the members of a public body may hold an executive session only 629
after a majority of a quorum of the public body determines, by a 630
roll call vote, to hold an executive session and only at a 632
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 633
(1) To consider the appointment, employment, dismissal, 635
discipline, promotion, demotion, or compensation of a public 636
employee or official, or the investigation of charges or 637
complaints against a public employee, official, licensee, or 638
regulated individual, unless the public employee, official, 639
licensee, or regulated individual requests a public hearing. 640
Except as otherwise provided by law, no public body shall hold an 641
executive session for the discipline of an elected official for 642
conduct related to the performance of the elected official's 643
official duties or for the elected official's removal from 645
office. If a public body holds an executive session pursuant to 647
division (G)(1) of this section, the motion and vote to hold that 648
executive session shall state which one or more of the approved 649
purposes listed in division (G)(1) of this section are the 650
purposes for which the executive session is to be held, but need 651
17
not include the name of any person to be considered at the 652
meeting.
(2) To consider the purchase of property for public 654
purposes, or for the sale of property at competitive bidding, if 655
premature disclosure of information would give an unfair 656
competitive or bargaining advantage to a person whose personal, 657
private interest is adverse to the general public interest. No 658
member of a public body shall use this division (G)(2) OF THIS 660
SECTION as a subterfuge for providing covert information to 662
prospective buyers or sellers. A purchase or sale of public 663
property is void if the seller or buyer of the public property 664
has received covert information from a member of a public body 665
that has not been disclosed to the general public in sufficient 666
time for other prospective buyers and sellers to prepare and 667
submit offers.
If the minutes of the public body show that all meetings 669
and deliberations of the public body have been conducted in 670
compliance with this section, any instrument executed by the 671
public body purporting to convey, lease, or otherwise dispose of 672
any right, title, or interest in any public property shall be 673
conclusively presumed to have been executed in compliance with 674
this section insofar as title or other interest of any bona fide 675
purchasers, lessees, or transferees of the property is concerned. 676
(3) Conferences with an attorney for the public body 678
concerning disputes involving the public body that are the 679
subject of pending or imminent court action; 680
(4) Preparing for, conducting, or reviewing negotiations 682
or bargaining sessions with public employees concerning their 683
compensation or other terms and conditions of their employment; 684
(5) Matters required to be kept confidential by federal 686
law or rules REGULATIONS or state statutes; 687
(6) Specialized details of security arrangements if 689
disclosure of the matters discussed might reveal information that 690
could be used for the purpose of committing, or avoiding 691
18
prosecution for, a violation of the law. 692
If a public body holds an executive session to consider any 694
of the matters listed in divisions (G)(2) to (6) of this section, 695
the motion and vote to hold that executive session shall state 696
which one or more of the approved matters listed in those 697
divisions are to be considered at the executive session. 698
A PUBLIC BODY SPECIFIED IN DIVISION (B)(1)(c) OF THIS 701
SECTION SHALL NOT HOLD AN EXECUTIVE SESSION WHEN MEETING FOR THE
PURPOSES SPECIFIED IN THAT DIVISION. 702
(H) A resolution, rule, or formal action of any kind is 704
invalid unless adopted in an open meeting of the public body. A 705
resolution, rule, or formal action adopted in an open meeting 706
that results from deliberations in a meeting not open to the 707
public is invalid unless the deliberations were for a purpose 708
specifically authorized in division (G) or (J) of this section 709
and conducted at an executive session held in compliance with 710
this section. A resolution, rule, or formal action adopted in an 711
open meeting is invalid if the public body that adopted the 712
resolution, rule, or formal action violated division (F) of this 713
section. 714
(I)(1) Any person may bring an action to enforce the 716
provisions of this section. An action under this division (I)(1) 718
OF THIS SECTION shall be brought within two years after the date 719
of the alleged violation or threatened violation. Upon proof of 720
a violation or threatened violation of this section in an action 721
brought by any person, the court of common pleas shall issue an 722
injunction to compel the members of the public body to comply 723
with its provisions. 724
(2)(a) If the court of common pleas issues an injunction 726
pursuant to division (I)(1) of this section, the court shall 727
order the public body that it enjoins to pay a civil forfeiture 728
of five hundred dollars to the party that sought the injunction 729
and shall award to that party all court costs and, subject to 730
reduction as described in this division (I)(2) OF THIS SECTION, 732
19
reasonable attorney's fees. The court, in its discretion, may 733
reduce an award of attorney's fees to the party that sought the 734
injunction or not award attorney's fees to that party if the 735
court determines both of the following: 736
(i) That, based on the ordinary application of statutory 738
law and case law as it existed at the time of violation or 739
threatened violation that was the basis of the injunction, a 740
well-informed public body reasonably would believe that the 741
public body was not violating or threatening to violate this 742
section; 743
(ii) That a well-informed public body reasonably would 745
believe that the conduct or threatened conduct that was the basis 746
of the injunction would serve the public policy that underlies 747
the authority that is asserted as permitting that conduct or 748
threatened conduct. 749
(b) If the court of common pleas does not issue an 751
injunction pursuant to division (I)(1) of this section and the 752
court determines at that time that the bringing of the action was 753
frivolous conduct, as defined in division (A) of section 2323.51 754
of the Revised Code, the court shall award to the public body all 755
court costs and reasonable attorney's fees, as determined by the 756
court. 757
(3) Irreparable harm and prejudice to the party that 759
sought the injunction shall be conclusively and irrebuttably 760
presumed upon proof of a violation or threatened violation of 761
this section. 762
(4) A member of a public body who knowingly violates an 764
injunction issued pursuant to division (I)(1) of this section may 765
be removed from office by an action brought in the court of 766
common pleas for that purpose by the prosecuting attorney or the 767
attorney general. 768
(J)(1) Pursuant to division (C) of section 5901.09 of the 770
Revised Code, a veterans service commission shall hold an 771
executive session for one or more of the following purposes, 772
20
unless an applicant requests a public hearing: 773
(a) Interviewing an applicant for financial assistance 775
under sections 5901.01 to 5901.15 of the Revised Code.; 776
(b) Discussing applications, statements, and other 778
documents described in division (B) of section 5901.09 of the 779
Revised Code.; 780
(c) Reviewing matters relating to an applicant's request 782
for financial assistance under sections 5901.01 to 5901.15 of the 783
Revised Code.
(2) A veterans service commission shall not exclude an 785
applicant for, recipient of, or former recipient of financial 786
assistance under sections 5901.01 to 5901.15 of the Revised Code, 787
and shall not exclude representatives selected by the applicant, 789
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 790
applicant's, recipient's, or former recipient's application for 791
financial assistance.
(3) A veterans service commission shall vote on the grant 793
or denial of financial assistance under sections 5901.01 to 794
5901.15 of the Revised Code only in an open meeting of the 796
commission. The minutes of the meeting shall indicate the name, 797
address, and occupation of the applicant, whether the assistance 798
was granted or denied, the amount of the assistance if assistance 799
is granted, and the votes for and against the granting of 800
assistance.
Sec. 145.012. (A) "Public employee," as defined in 809
division (A) of section 145.01 of the Revised Code, does not 810
include any person: 811
(1) Who is employed by a private, temporary-help service 813
and performs services under the direction of a public employer or 814
is employed on a contractual basis as an independent contractor 815
under a personal service contract with a public employer; 816
(2) Who is an emergency employee serving on a temporary 818
basis in case of fire, snow, earthquake, flood, or other similar 819
21
emergency; 820
(3) Who is employed in a program established pursuant to 822
the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29 823
U.S.C.A. 1501; 824
(4) Who is an appointed member of either the motor vehicle 826
salvage dealers board or the motor vehicle dealer's board whose 827
rate and method of payment are determined pursuant to division 828
(J) of section 124.15 of the Revised Code; 829
(5) Who is employed as an election worker and paid less 831
than five hundred dollars per calendar year for such THAT 832
service; 833
(6) Who is employed as a firefighter in a position 835
requiring satisfactory completion of a firefighter training 837
course approved under former section 3303.07 or section 4765.55 840
of the Revised Code or conducted under section 3737.33 of the 841
Revised Code except for EITHER OF the following: 842
(a) Any firefighter who has elected under section 145.013 845
of the Revised Code to remain a contributing member of the public 846
employees retirement system; 847
(b) Any firefighter who was eligible to transfer from the 850
public employees retirement system to the police and firemen's
disability and pension fund under section 742.51 or 742.515 of 851
the Revised Code and did not elect to transfer. 852
(7) Who is a member of the board of health of a city or 854
general health district, which pursuant to sections 3709.051 and 855
3709.07 of the Revised Code includes a combined health district, 856
and whose compensation for attendance at meetings of the board is 857
set forth in division (B) of section 3709.02 or division (B) of 858
section 3709.05 of the Revised Code, as appropriate;
(8) Who participates in an alternative retirement plan 860
established under Chapter 3305. of the Revised Code; 861
(9) WHO IS A MEMBER OF THE BOARD OF DIRECTORS OF A 863
SANITARY DISTRICT ESTABLISHED UNDER CHAPTER 6115. OF THE REVISED 864
CODE.
22
(B) No inmate of a correctional institution operated by 867
the department of rehabilitation and correction, no patient in a 868
hospital for the mentally ill or criminally insane operated by 869
the department of mental health, no resident in an institution 870
for the mentally retarded operated by the department of mental 871
retardation and developmental disabilities, no resident admitted 872
as a patient of the Ohio veterans' home at Sandusky, and no 873
resident of a county home shall be considered as a public
employee for the purpose of establishing membership or 874
calculating service credit or benefits under this chapter. 875
Nothing in this section DIVISION shall be construed to affect any 877
service credit attained by any person who was a public employee 878
before becoming an inmate, patient, or resident at any 879
institution listed in this section DIVISION, or the payment of 880
any benefit for which such a person or the such a person's 882
beneficiaries would otherwise WOULD be eligible. 883
Sec. 4933.25. No sewage disposal system company 892
established after September 19, 1961, or expanding after October 894
2, 1969, or water-works company established or expanding after 895
October 2, 1969, shall construct, install, or operate sewage 897
disposal system facilities or water distribution facilities until 899
it has been issued a certificate of public convenience and
necessity by the public utilities commission. The public 901
utilities commission shall adopt rules prescribing requirements 903
and the manner and form in which sewage disposal system companies 906
and water-works companies shall apply for SUCH a certificate of 907
public convenience and necessity. 908
Before the public utilities commission issues a certificate 910
of public convenience and necessity, it may hold a public hearing 911
concerning the issuance of said THE certificate. Notice of such 913
THE hearing shall be given to the board of county commissioners 915
of any county and the chief executive authority of any municipal 916
corporation to be served by a sewage disposal system company or
water-works company. 917
23
As used in this section, "sewage disposal system company" 919
and "water-works company" have the SAME meanings set forth AS in 920
section 4905.03 of the Revised Code AND INCLUDE ONLY "PUBLIC 921
UTILITIES" AS DEFINED IN SECTION 4905.02 OF THE REVISED CODE. 922
Sec. 6112.03. Applications for approval of plans for the 931
construction and installation of such facilities UNDER THIS 932
CHAPTER shall be made in THE manner and form prescribed by the 934
director of environmental protection, AND shall be accompanied by 935
plans, specifications, and other data as THAT the director may 937
require, relative to the facilities for which approval of plans 939
is requested. Thereafter, the director shall act upon the 940
application in accordance with law and the regulations RULES 941
adopted pursuant thereto. No final detailed or construction 943
plans shall be approved by the director before he has received 944
written notice from the public utilities commission that a 946
certificate of public convenience and necessity has been issued 947
by it authorizing the construction, installation, and operation 948
of such facilities. Thereafter, any person making application to 949
the public utilities commission to abandon, withdraw, or close 950
for service any main sewer or sewage disposal works serving such 951
district shall, within five days thereafter, notify the director 952
of its having filed such application with the public utilities 953
commission.
Sec. 6112.99. Whoever violates sections SECTION 6112.02, 962
6112.03, or 6112.04 of the Revised Code shall be fined not more 964
than five hundred dollars.
Sec. 6115.10. Within thirty days after entering the decree 966
incorporating a sanitary district, providing the district is 967
wholly within one county, the court shall appoint one person who 968
shall be a resident freeholder ELECTOR within the district as a 970
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 971
more than one county or part thereof, each county is entitled to 973
one director who shall be a resident freeholder ELECTOR of that 974
24
county. In no event shall there be more than one director for 976
each county. The EXCEPT AS OTHERWISE PROVIDED IN SECTION
6115.103 OF THE REVISED CODE, THE court shall fill all vacancies 977
which THAT occur in the office of director. However, the board 979
of directors of a sanitary district organized after the effective 980
date of this amendment OCTOBER 9, 1981, wholly for the reduction 983
of populations of biting arthropods shall be composed and
appointed in accordance with section 6115.101 of the Revised 984
Code, AND THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED 985
WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 986
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 988
CORPORATIONS IN TWO COUNTIES SHALL BE COMPOSED AND APPOINTED IN
ACCORDANCE WITH SECTION 6115.103 OF THE REVISED CODE. 989
Sec. 6115.103. (A) THE BOARD OF DIRECTORS OF A SANITARY 991
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER 993
SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO 994
MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE APPOINTED AS 995
FOLLOWS:
(1) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE 997
OFFICER OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE 998
DISTRICT;
(2) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE 1,000
OFFICER OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE 1,001
DISTRICT;
(3) ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE 1,003
AUTHORITY OF ONE OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE 1,004
DISTRICT;
(4) ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE 1,006
AUTHORITY OF THE OTHER MUNICIPAL CORPORATION INCLUDED IN THE 1,007
DISTRICT.
A PERSON APPOINTED BY THE CHIEF EXECUTIVE OFFICER AND 1,009
LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION SHALL BE A 1,011
RESIDENT OF THAT MUNICIPAL CORPORATION. 1,012
(B) THE INITIAL TERMS OF THE MEMBERS OF THE BOARD OF 1,015
25
DIRECTORS APPOINTED UNDER THIS SECTION SHALL BE AS FOLLOWS: 1,016
(1) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF 1,018
EXECUTIVE OFFICER OF THE MORE POPULOUS MUNICIPAL CORPORATION 1,019
INCLUDED IN THE DISTRICT, ONE YEAR FROM THE DATE OF THE MEMBER'S 1,020
APPOINTMENT;
(2) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF 1,022
EXECUTIVE OFFICER OF THE LESS POPULOUS MUNICIPAL CORPORATION 1,023
INCLUDED IN THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S 1,024
APPOINTMENT;
(3) IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE 1,026
AUTHORITY OF THE MORE POPULOUS MUNICIPAL CORPORATION INCLUDED IN 1,027
THE DISTRICT, TWO YEARS FROM THE DATE OF THE MEMBER'S 1,028
APPOINTMENT;
(4) IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE 1,030
AUTHORITY OF THE LESS POPULOUS MUNICIPAL CORPORATION INCLUDED IN 1,031
THE DISTRICT, THREE YEARS FROM THE DATE OF THE MEMBER'S 1,032
APPOINTMENT.
THEREAFTER, TERMS OF OFFICE OF ALL MEMBERS OF THE BOARD 1,035
SHALL BE THREE YEARS. EACH MEMBER OF THE BOARD APPOINTED UNDER
THIS SECTION SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL 1,036
THE END OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. A 1,037
VACANCY SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL 1,038
APPOINTMENT. A MEMBER APPOINTED TO FILL A VACANCY OCCURRING 1,039
PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S
PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF 1,040
THAT TERM. A MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE 1,041
EXPIRATION DATE OF THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR 1,042
TAKES OFFICE OR A PERIOD OF SIXTY DAYS ELAPSES, WHICHEVER OCCURS 1,043
FIRST. A MEMBER OF THE BOARD APPOINTED UNDER THIS SECTION MAY BE 1,044
REAPPOINTED. A MEMBER OF THE BOARD MAY BE REMOVED FOR CAUSE BY 1,045
THE APPOINTING AUTHORITY THAT ORIGINALLY APPOINTED THE MEMBER.
(C) THE APPOINTING AUTHORITIES DESIGNATED IN DIVISION (A) 1,048
OF THIS SECTION SHALL APPOINT A NEW BOARD WITHIN EACH SANITARY 1,049
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER 1,050
26
SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO 1,051
MUNICIPAL CORPORATIONS IN TWO COUNTIES. THE APPOINTING 1,052
AUTHORITIES SHALL MAKE THEIR APPOINTMENTS WITHIN SIXTY DAYS OF
THE EFFECTIVE DATE OF THIS SECTION. THE OFFICES OF THE MEMBERS 1,053
OF THE BOARD OF SUCH A DISTRICT EXISTING PRIOR TO THE EFFECTIVE 1,054
DATE OF THIS SECTION ARE ABOLISHED UPON THE APPOINTMENT OF THE 1,055
NEW MEMBERS OF THE BOARD AS REQUIRED BY THIS DIVISION. 1,056
(D) THE APPOINTING AUTHORITIES SPECIFIED UNDER DIVISION 1,059
(A) OF THIS SECTION SHALL ACCEPT AND CONSIDER ALL APPLICATIONS 1,060
SUBMITTED BY PERSONS ELIGIBLE TO BE APPOINTED UNDER DIVISION (A) 1,061
OF THIS SECTION.
Sec. 6115.104. (A) WITH RESPECT TO A SANITARY DISTRICT 1,064
ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR 1,065
DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 1,066
CORPORATIONS IN TWO COUNTIES, THERE SHALL BE APPOINTED, WITHIN 1,067
SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, A SANITARY
DISTRICT ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF ONE 1,068
MEMBER WHO USES WATER SUPPLIED DIRECTLY OR INDIRECTLY BY THE 1,069
DISTRICT TO BE APPOINTED FROM EACH MUNICIPAL CORPORATION OR 1,070
TOWNSHIP THAT RECEIVES ALL OR PART OF ITS WATER SUPPLY DIRECTLY 1,072
OR INDIRECTLY FROM THE DISTRICT. APPOINTMENTS TO THE COUNCIL
SHALL BE MADE BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE 1,074
MUNICIPAL CORPORATION OR THE TOWNSHIP, AS APPROPRIATE. WITHIN 1,075
TEN DAYS AFTER MAKING AN APPOINTMENT TO THE COUNCIL, THE 1,076
APPOINTING AUTHORITY SHALL SUBMIT AN AUTHENTICATED COPY OF THE 1,077
APPOINTMENT RESOLUTION TO THE BOARD OF DIRECTORS OF THE SANITARY 1,078
DISTRICT AND TO THE CLERK OF THE COURT. 1,079
(B) IF A MUNICIPAL CORPORATION OR TOWNSHIP THAT, PRIOR TO 1,082
THE EFFECTIVE DATE OF THIS SECTION, DID NOT RECEIVE ANY OF ITS 1,084
WATER SUPPLY FROM A SANITARY DISTRICT DESCRIBED IN DIVISION (A) 1,085
OF THIS SECTION BEGINS TO RECEIVE ALL OR PART OF ITS WATER SUPPLY 1,086
EITHER DIRECTLY OR INDIRECTLY FROM SUCH A DISTRICT AND THE 1,088
MUNICIPAL CORPORATION OR TOWNSHIP IS NOT REPRESENTED ON THE
ADVISORY COUNCIL OF THAT DISTRICT, THE LEGISLATIVE AUTHORITY OF 1,089
27
THE MUNICIPAL CORPORATION OR TOWNSHIP, WITHIN SIXTY DAYS AFTER IT 1,090
BEGINS RECEIVING ALL OR PART OF ITS WATER SUPPLY FROM THE 1,091
DISTRICT, SHALL APPOINT A REPRESENTATIVE TO THE COUNCIL AND MAKE 1,092
THE SUBMITTALS AS PROVIDED IN DIVISION (A) OF THIS SECTION. IF A 1,093
MUNICIPAL CORPORATION OR TOWNSHIP THAT, ON THE EFFECTIVE DATE OF 1,094
THIS SECTION, RECEIVES ALL OR PART OF ITS WATER SUPPLY FROM SUCH 1,095
A DISTRICT CEASES TO RECEIVE ANY OF ITS WATER SUPPLY EITHER 1,097
DIRECTLY OR INDIRECTLY FROM THE DISTRICT, THE MEMBER ON THE 1,098
ADVISORY COUNCIL REPRESENTING THAT MUNICIPAL CORPORATION OR
TOWNSHIP SHALL NO LONGER SERVE ON THE COUNCIL. 1,099
(C) A MAJORITY OF THE COUNCIL CONSTITUTES A QUORUM, AND A 1,102
CONCURRENCE OF THE MAJORITY IN ANY MATTER WITHIN THE COUNCIL'S 1,103
DUTIES IS SUFFICIENT FOR ITS DETERMINATION. THE COUNCIL SHALL
APPOINT ONE OF ITS MEMBERS AS CHAIRPERSON AND ONE MEMBER AS 1,104
SECRETARY. THE COUNCIL SHALL ADOPT BYLAWS GOVERNING ITS 1,105
PROCEEDINGS. THE COUNCIL SHALL MEET AT LEAST ONCE ANNUALLY AND 1,106
SHALL MEET UPON THE CALL OF ITS CHAIRPERSON OR OF THE PRESIDENT 1,107
OF THE BOARD OF DIRECTORS OF THE DISTRICT, OR WHENEVER A MAJORITY 1,108
OF THE MEMBERS OF THE COUNCIL, BY PETITION FILED WITH THE 1,109
CHAIRPERSON OF THE COUNCIL, REQUESTS A MEETING OF THE COUNCIL. 1,110
THE CHAIRPERSON SHALL CALL A MEETING OF THE COUNCIL WITHIN THIRTY 1,111
DAYS AFTER THE RECEIPT OF THE PETITION. 1,112
(D) THE COUNCIL SHALL DO BOTH OF THE FOLLOWING: 1,114
(1) ANNUALLY REVIEW AND EVALUATE THE RECEIPTS AND 1,116
DISBURSEMENTS OF FUNDS BY THE BOARD OF DIRECTORS DURING THE 1,117
PRECEDING CALENDAR YEAR;
(2) REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS TO THE 1,119
BOARD OF DIRECTORS REGARDING THE OPERATION, POLICIES, PROGRAMS, 1,120
AND IMPROVEMENTS OF THE DISTRICT. THE BOARD SHALL CONSIDER ALL 1,121
RECOMMENDATIONS MADE UNDER DIVISION (D)(2) OF THIS SECTION. 1,123
Sec. 6115.12. (A) The director or board of directors of a 1,132
sanitary district shall adopt a seal, and shall keep in a 1,133
well-bound book a record of all proceedings, minutes of all 1,134
meetings, certificates, contracts, bonds given by employees, and 1,135
28
all corporate acts. Such THE book shall be open to the 1,137
inspection of all owners of property in the district, as well as 1,138
AND to all other interested parties. 1,139
(B) IN ADDITION TO THE REQUIREMENTS ESTABLISHED IN SECTION 1,142
121.22 OF THE REVISED CODE, ANY COURT OF JURISDICTION MEETING 1,144
PURSUANT TO SECTION 6115.10 OF THE REVISED CODE IN REGARD TO THE 1,145
APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF THE BOARD 1,146
OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE 1,147
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND 1,148
PUBLIC USE OR MEETING FOR ANY OTHER MATTER REGARDING SUCH A 1,149
DISTRICT OTHER THAN LITIGATION INVOLVING THE DISTRICT SHALL KEEP 1,150
A WRITTEN TRANSCRIPT OF THE MEETING AND SHALL MAKE THE TRANSCRIPT 1,152
AVAILABLE TO THE PUBLIC UPON REQUEST.
Sec. 6115.141. THE PROHIBITION AND REQUIREMENTS 1,154
ESTABLISHED UNDER DIVISION (D) OF SECTION 5705.41 OF THE REVISED 1,156
CODE, OTHER THAN THOSE APPLICABLE SOLELY TO COUNTIES, APPLY TO A 1,157
SANITARY DISTRICT ESTABLISHED UNDER THIS CHAPTER. 1,158
Sec. 6115.191. IF A MUNICIPAL CORPORATION, TOWNSHIP, OR 1,160
OTHER MEMBER OR CUSTOMER OF A SANITARY DISTRICT ORGANIZED WHOLLY 1,161
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 1,162
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 1,163
CORPORATIONS IN TWO COUNTIES IS DELINQUENT IN PAYING ANY MONEYS 1,164
OWED TO THE SANITARY DISTRICT FOR THE SUPPLY OF WATER FROM THE 1,165
DISTRICT, THE BOARD OF DIRECTORS OF THE SANITARY DISTRICT MAY 1,166
ASSESS INTEREST ON THE UNPAID BALANCE THAT REFLECTS 1,167
ADMINISTRATIVE AND FINANCIAL COSTS INCURRED BY THE SANITARY 1,168
DISTRICT AS A RESULT OF THE DELINQUENCY. 1,169
Sec. 6115.20. (A) When it is determined to let the work 1,178
relating to the improvements for which a sanitary district was 1,179
established by contract, contracts in amounts to exceed ten 1,180
thousand dollars shall be advertised after notice calling for 1,181
bids has been published once a week for five consecutive weeks 1,182
completed on THE date of last publication, in at least one 1,183
newspaper of general circulation within the sanitary district 1,184
29
where the work is to be done. The board of directors of the 1,185
sanitary district may reject any bid and accept any remaining bid 1,186
SHALL LET BIDS as provided in this section or, if applicable, 1,188
section 9.312 of the Revised Code, or may advertise for other 1,189
bids. If the board advertises for other bids, the advertisement 1,190
shall be published in a newspaper of general circulation within 1,191
the sanitary district at a time and in a form as directed by the 1,192
board. If the bids are for a contract for the construction, 1,193
demolition, alteration, repair, or reconstruction of an 1,194
improvement, the board of directors of the sanitary district may 1,195
SHALL let the contract to the lowest or best bidder who meets the 1,197
requirements of section 153.54 of the Revised Code. If the bids 1,198
are for a contract for any other work relating to the 1,199
improvements for which a sanitary district was established, the 1,200
board of directors of the sanitary district may SHALL let the 1,201
contract to the lowest or best bidder who gives a good and 1,203
approved bond, with ample security, conditioned on the carrying 1,204
out of the contract and the payment for all labor and material. 1,205
Such THE contract shall be in writing and shall be accompanied by 1,206
or shall refer to plans and specifications for the work to be 1,207
done prepared by the chief engineer. The plans and 1,208
specifications shall at all times SHALL be made and considered a 1,209
part of the contract. The contract shall be approved by the 1,210
board and signed by the president of the board and by the 1,211
contractor, and shall be executed in duplicate. In case of 1,212
emergency the advertising of contracts may be waived upon the 1,213
consent of the board with the approval of the court or judge in 1,214
vacation.
(B) IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY 1,216
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 1,218
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL 1,219
CORPORATIONS IN TWO COUNTIES, ANY SERVICE TO BE PURCHASED, 1,220
INCLUDING THE SERVICES OF AN ACCOUNTANT, ARCHITECT, ATTORNEY AT 1,221
LAW, PHYSICIAN, OR PROFESSIONAL ENGINEER, AT A COST IN EXCESS OF
30
TEN THOUSAND DOLLARS SHALL BE OBTAINED IN THE MANNER PROVIDED IN 1,222
SECTIONS 153.65 TO 153.71 OF THE REVISED CODE. FOR THE PURPOSES 1,224
OF THE APPLICATION OF THOSE SECTIONS TO DIVISION (B) OF THIS 1,226
SECTION, ALL OF THE FOLLOWING APPLY: 1,227
(1) "PUBLIC AUTHORITY," AS USED IN THOSE SECTIONS, SHALL 1,229
BE DEEMED TO MEAN A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE 1,230
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND 1,231
PUBLIC USE THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO 1,232
COUNTIES; 1,233
(2) "PROFESSIONAL DESIGN FIRM," AS USED IN THOSE SECTIONS, 1,236
SHALL BE DEEMED TO MEAN ANY PERSON LEGALLY ENGAGED IN RENDERING 1,237
PROFESSIONAL DESIGN SERVICES AS DEFINED IN DIVISION (B)(3) OF 1,238
THIS SECTION;
(3) "PROFESSIONAL DESIGN SERVICES," AS USED IN THOSE 1,240
SECTIONS, SHALL BE DEEMED TO MEAN ACCOUNTING, ARCHITECTURAL, 1,241
LEGAL, MEDICAL, OR PROFESSIONAL ENGINEERING SERVICES; 1,242
(4) THE USE OF OTHER TERMS IN THOSE SECTIONS SHALL BE 1,244
ADAPTED ACCORDINGLY, INCLUDING, WITHOUT LIMITATION, FOR THE 1,245
PURPOSES OF DIVISION (D)(2) OF SECTION 153.67 OF THE REVISED 1,248
CODE;
(5) DIVISIONS (A) TO (C) OF SECTION 153.71 OF THE REVISED 1,252
CODE DO NOT APPLY.
(C) THE BOARD OF DIRECTORS OF A DISTRICT ORGANIZED WHOLLY 1,255
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, 1,256
MUNICIPAL, AND PUBLIC USE MAY CONTRACT FOR, PURCHASE, OR
OTHERWISE PROCURE FOR THE BENEFIT OF EMPLOYEES OF THE DISTRICT 1,257
AND PAY ALL OR ANY PART OF THE COST OF GROUP INSURANCE POLICIES 1,258
THAT MAY PROVIDE BENEFITS, INCLUDING, BUT NOT LIMITED TO, 1,259
HOSPITALIZATION, SURGICAL CARE, MAJOR MEDICAL CARE, DISABILITY, 1,260
DENTAL CARE, VISION CARE, MEDICAL CARE, HEARING AIDS, OR
PRESCRIPTION DRUGS. ANY GROUP INSURANCE POLICY PURCHASED UNDER 1,261
THIS DIVISION SHALL BE PURCHASED FROM THE HEALTH CARE CORPORATION 1,262
THAT THE BOARD OF DIRECTORS DETERMINES OFFERS THE MOST 1,263
COST-EFFECTIVE GROUP INSURANCE POLICY. 1,265
31
Sec. 6115.65. The (A) EXCEPT AS OTHERWISE PROVIDED IN 1,267
DIVISION (B) OF THIS SECTION, THE members of the board of 1,268
directors of a sanitary district and the members of the board of 1,269
appraisers of a sanitary district shall receive proper 1,270
compensation to be fixed by the court in accordance with the time 1,271
actually employed in performance of THEIR duties and shall also 1,272
SHALL receive necessary expenses incurred in performance of 1,273
PERFORMING THEIR duties. MEMBERS OF THE BOARDS OF DIRECTORS AND 1,274
APPRAISERS SHALL BE PROVIDED WORKERS' COMPENSATION COVERAGE UNDER 1,275
CHAPTER 4123. OF THE REVISED CODE. MEMBERS OF THE BOARD OF 1,276
DIRECTORS SHALL NOT RECEIVE BENEFITS FROM THE DISTRICT,
INCLUDING, WITHOUT LIMITATION, MEDICAL CARE, DENTAL CARE, VISION 1,277
CARE, LIFE INSURANCE COVERAGE, HOLIDAY PAY, AND LEAVE TIME OF ANY 1,278
SORT.
(B)(1) MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY 1,280
DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER 1,281
SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE SHALL BE 1,282
COMPENSATED ON A PER DIEM BASIS FOR NO MORE THAN TWELVE MEETING 1,283
DAYS PER YEAR AND ALSO SHALL RECEIVE NECESSARY EXPENSES INCURRED 1,284
IN PERFORMING THEIR DUTIES AS MEMBERS OF THE BOARD. THE PER DIEM 1,285
COMPENSATION OF THE MEMBERS SHALL BE ESTABLISHED BY THE COURT AT
A RATE NOT EXCEEDING TWO HUNDRED DOLLARS PER DAY. 1,286
(2) MEMBERS OF THE BOARD OF DIRECTORS SHALL NOT RECEIVE 1,287
REIMBURSEMENT FOR EXPENSES FOR MEALS, LODGING, AND OTHER EXPENSES 1,289
RELATED TO OUT-OF-STATE TRAVEL IN EXCESS OF FIVE THOUSAND DOLLARS 1,290
IN ANY CALENDAR YEAR AND SHALL RECEIVE NO REIMBURSEMENT FOR ANY 1,291
OUT-OF-STATE TRAVEL EXPENSES FOR ENTERTAINMENT, ALCOHOLIC
BEVERAGES, TIPS, OR OTHER GRATUITIES. THE MEMBERS SHALL NOT 1,292
RECEIVE REIMBURSEMENT FOR EXPENSES FOR OUT-OF-STATE TRAVEL 1,293
EXPENSES IF THE EXPENSES COULD HAVE BEEN AVOIDED THROUGH THE USE 1,294
OF A TELEPHONE, FAX MACHINE, OR OTHER ELECTRONIC MEDIUM. THE 1,295
BOARD OF DIRECTORS SHALL ADOPT POLICIES SETTING FORTH THE
CIRCUMSTANCES IN WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND THE 1,297
PROCEDURES FOR THE REIMBURSEMENT OF THE MEMBERS FOR ANY 1,298
32
OUT-OF-STATE TRAVEL EXPENSES THAT ARE PERMITTED TO BE REIMBURSED 1,299
UNDER THIS SECTION. ALL FINANCIAL STATEMENTS OR REPORTS OF THE 1,300
BOARD SHALL BE PREPARED ACCORDING TO GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES. 1,301
(C) Before any duties devolve upon a county auditor or a 1,303
county treasurer under sections 6115.01 to 6115.79, inclusive, of 1,305
the Revised Code THIS CHAPTER, the board of directors shall 1,306
consult them THE AUDITOR OR TREASURER and agree upon the salaries 1,307
for the extra clerical force required in their EACH OFFICER'S 1,308
respective offices OFFICE to carry out the requirements of the 1,310
law by reason of the establishment of said THE district. The 1,311
board of directors shall provide for and pay said THE AGREED UPON 1,312
salaries to said THOSE clerks while engaged in the work of the 1,313
district. Such THE clerks shall be selected and appointed by 1,314
each of said THOSE county officers for their respective offices. 1,315
In case of disagreement as to the compensation of such THE extra 1,316
clerical force, the matter shall be referred to the court for its 1,317
determination.
Section 2. That existing sections 102.02, 121.22, 145.012, 1,319
4933.25, 6112.03, 6112.99, 6115.10, 6115.12, 6115.20, and 6115.65 1,320
of the Revised Code are hereby repealed. 1,321
Section 3. Section 102.02 of the Revised Code is presented 1,324
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, 1,325
with the new language of neither of the acts shown in capital 1,326
letters. Section 145.012 of the Revised Code is presented in 1,327
this act as a composite of the section as amended by both Sub. 1,328
H.B. 405 and Am. Sub. H.B. 586 of the 121st General Assembly, 1,329
with the new language of neither of the acts shown in capital 1,330
letters. This is in recognition of the principle stated in 1,331
division (B) of section 1.52 of the Revised Code that such
amendments are to be harmonized where not substantively 1,332
irreconcilable and constitutes a legislative finding that such 1,333
are the resulting versions in effect prior to the effective date 1,335
33
of this act.