As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 189 5
1997-1998 6
SENATOR GAETH 8
10
A B I L L
To amend section 339.02 of the Revised Code to 11
eliminate the requirement that members of a board 12
of county hospital trustees represent in equal 13
numbers the county's two main political parties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 339.02 of the Revised Code be 17
amended to read as follows: 18
Sec. 339.02. (A) As used in this section, "area served by 27
the hospital" means the geographic area, whether or not included 28
within the county, from which a county hospital regularly draws 29
patients. 30
(B) Unless a board of county hospital trustees for the 32
county is in existence in accordance with this section, such 33
board shall be created pursuant to this section after the board 34
of county commissioners first determines by resolution to 35
establish a county hospital. Copies of such resolution shall be 36
certified to the probate judge of the county senior in point of 37
service and to the judge, other than a probate judge, of the 38
court of common pleas of the county senior in point of service. 39
(C) The board of county commissioners together with the 41
probate judge of the county senior in point of service and the 42
judge of the court of common pleas of the county senior in point 43
of service shall, within ten days after such certification, 44
appoint a board of county hospital trustees. The board of county 45
hospital trustees shall be composed of six electors of the area 46
served by the hospital unless the board of county commissioners 47
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determines that the board of trustees can more effectively 48
function with eight or ten trustees in which case there may be 49
eight or ten trustees, as designated by the board of county 50
commissioners. 51
(1) When the board of trustees is composed of six 53
electors, their terms of office shall be: one for one year, one 54
for two years, one for three years, one for four years, one for 55
five years, and one for six years from the first Monday of March 56
thereafter. 57
(2) When the board is composed of eight electors, their 59
terms of office shall be: one for one year, one for two years, 60
two for three years, one for four years, one for five years, and 61
two for six years from the first Monday of March thereafter. 62
(3) When the board is composed of ten electors, their 64
terms of office shall be: two for one year, one for two years, 65
two for three years, two for four years, one for five years, and 66
two for six years from the first Monday of March thereafter. 67
Annually thereafter except as provided in division (D)(2) 69
of this section, on the first Monday of March, the board of 70
county commissioners together with the probate judge of the 71
county senior in point of service and the judge of the court of 72
common pleas of the county senior in point of service shall 73
appoint or reappoint for a term of six years a sufficient number 74
of electors of the area served by the hospital to replace those 75
trustees whose terms have expired. 76
(D)(1) The board of county commissioners together with the 78
probate judge senior in point of service and the judge of the 79
court of common pleas senior in point of service in any county in 80
which a board of county hospital trustees has been appointed may 81
expand the number of trustees to eight or to ten. Such 82
additional trustees shall be electors of the area served by the 83
hospital and shall evenly represent the two political parties 84
casting the highest number of votes in such county for its 85
respective candidate for governor at the most recent 87
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gubernatorial election. When the number of trustees is increased 88
to eight, one shall be appointed for a three-year and one for a 89
six-year term from the first Monday of March thereafter. When 90
the number of trustees is increased from six to ten, the term for 91
additional members shall be: one for one year, one for three 92
years, one for four years, and one for six years from the first 93
Monday of March thereafter. When the number of trustees is 94
increased from eight to ten, the term for additional members 95
shall be: one for one year and one for four years from the first 96
Monday of March thereafter. Thereafter except as provided in 97
division (D)(2) of this section, upon the expiration of the term 98
of office of each trustee, his THE TRUSTEE'S successor shall be 99
appointed for a term of six years. 101
(2) The board of county commissioners together with the 103
probate judge senior in point of service and the judge of the 104
court of common pleas senior in point of service may reduce the 105
number of board of county hospital trustees to eight or to six. 106
The reduction shall occur on expiration of a trustee's term of 107
office, at which time no appointment shall be made. While the 108
board of county commissioners and the judges are in the process 109
of reducing the number of trustees, the board of county hospital 110
trustees may consist of nine or seven trustees for one year. 111
(E) The IN NO CASE SHALL MORE THAN ONE-HALF OF THE MEMBERS 113
OF A board of county hospital trustees shall be bipartisan, with 115
an equal number of members from each of the two INDEPENDENTS OR 116
BE MEMBERS OF ANY ONE political parties casting the highest 117
number of votes in such county for its respective candidate for 118
governor at the most recent gubernatorial election PARTY. 119
Notwithstanding any other provision of this section, no more than 121
two members of the board shall be electors of the area served by 122
the hospital that is outside the county in which the hospital is 123
located. The persons so selected shall forthwith be notified, by 124
mail, of their appointment. The notice shall state a time, not 125
more than ten days later, when such board shall meet at the 126
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county seat of such county to organize. 127
On the date stated, the board shall meet and organize by 129
electing one of its number as chairman CHAIRPERSON and such other 131
officers as specified in the board's rules. Four members of a 132
six-member board constitute a quorum, five members constitute a 133
quorum of an eight-member board, and six members constitute a 134
quorum of a ten-member board. 135
(F) The board of county commissioners, together with the 137
probate judge senior in point of service and the judge of the 138
court of common pleas senior in point of service, shall fill all 139
vacancies that occur in such board of county hospital trustees 140
which result from death, resignation, or removal from office by 141
appointment of electors from the area served by the hospital to 142
fill the unexpired terms. Any trustee appointed under this 143
section may be removed from office by the appointing authority 144
for cause impairing faithful, efficient, and intelligent 145
administration, or for conduct unbecoming to such office, after 146
an opportunity is given to be heard before the appointing 147
authority upon written charges initiated by the appointing 148
authority or board of trustees, but no removal shall be made for 149
political reasons. 150
(G) Such board of county hospital trustees shall hold 152
meetings at least once a month, shall adopt necessary rules of 153
procedure, and shall keep a record of its proceedings and a 154
strict account of all its receipts, disbursements, and 155
expenditures; and upon completion of the construction and 156
equipping of a hospital such board shall file such account with 157
the board of county commissioners and make final settlement with 158
such board for the construction and equipping of the hospital. 159
Section 2. That existing section 339.02 of the Revised 161
Code is hereby repealed. 162