As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
122nd General Assembly 5
Regular Session S. B. No. 189 6
1997-1998 7
SENATORS GAETH-GARDNER-MUMPER-SCHAFRATH 9
11
A B I L L
To amend section 339.02 of the Revised Code to 12
eliminate the requirement that members of a board 13
of county hospital trustees represent in equal 14
numbers the county's two main political parties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 339.02 of the Revised Code be 18
amended to read as follows: 19
Sec. 339.02. (A) As used in this section, "area served by 28
the hospital" means the geographic area, whether or not included 29
within the county, from which a county hospital regularly draws 30
patients. 31
(B) Unless a board of county hospital trustees for the 33
county is in existence in accordance with this section, such 34
board shall be created pursuant to this section after the board 35
of county commissioners first determines by resolution to 36
establish a county hospital. Copies of such resolution shall be 37
certified to the probate judge of the county senior in point of 38
service and to the judge, other than a probate judge, of the 39
court of common pleas of the county senior in point of service. 40
(C) The board of county commissioners together with the 42
probate judge of the county senior in point of service and the 43
judge of the court of common pleas of the county senior in point 44
of service shall, within ten days after such certification, 45
appoint a board of county hospital trustees. The board of county 46
hospital trustees shall be composed of six electors of the area 47
2
served by the hospital unless the board of county commissioners 48
determines that the board of trustees can more effectively 49
function with eight or ten trustees in which case there may be 50
eight or ten trustees, as designated by the board of county 51
commissioners. 52
(1) When the board of trustees is composed of six 54
electors, their terms of office shall be: one for one year, one 55
for two years, one for three years, one for four years, one for 56
five years, and one for six years from the first Monday of March 57
thereafter. 58
(2) When the board is composed of eight electors, their 60
terms of office shall be: one for one year, one for two years, 61
two for three years, one for four years, one for five years, and 62
two for six years from the first Monday of March thereafter. 63
(3) When the board is composed of ten electors, their 65
terms of office shall be: two for one year, one for two years, 66
two for three years, two for four years, one for five years, and 67
two for six years from the first Monday of March thereafter. 68
Annually thereafter except as provided in division (D)(2) 70
of this section, on the first Monday of March, the board of 71
county commissioners together with the probate judge of the 72
county senior in point of service and the judge of the court of 73
common pleas of the county senior in point of service shall 74
appoint or reappoint for a term of six years a sufficient number 75
of electors of the area served by the hospital to replace those 76
trustees whose terms have expired. 77
(D)(1) The board of county commissioners together with the 79
probate judge senior in point of service and the judge of the 80
court of common pleas senior in point of service in any county in 81
which a board of county hospital trustees has been appointed may 82
expand the number of trustees to eight or to ten. Such 83
additional trustees shall be electors of the area served by the 84
hospital and shall evenly represent the two political parties 85
casting the highest number of votes in such county for its 86
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respective candidate for governor at the most recent 88
gubernatorial election. When the number of trustees is increased 89
to eight, one shall be appointed for a three-year and one for a 90
six-year term from the first Monday of March thereafter. When 91
the number of trustees is increased from six to ten, the term for 92
additional members shall be: one for one year, one for three 93
years, one for four years, and one for six years from the first 94
Monday of March thereafter. When the number of trustees is 95
increased from eight to ten, the term for additional members 96
shall be: one for one year and one for four years from the first 97
Monday of March thereafter. Thereafter except as provided in 98
division (D)(2) of this section, upon the expiration of the term 99
of office of each trustee, his THE TRUSTEE'S successor shall be 100
appointed for a term of six years. 102
(2) The board of county commissioners together with the 104
probate judge senior in point of service and the judge of the 105
court of common pleas senior in point of service may reduce the 106
number of board of county hospital trustees to eight or to six. 107
The reduction shall occur on expiration of a trustee's term of 108
office, at which time no appointment shall be made. While the 109
board of county commissioners and the judges are in the process 110
of reducing the number of trustees, the board of county hospital 111
trustees may consist of nine or seven trustees for one year. 112
(E) The IN NO CASE SHALL MORE THAN ONE-HALF OF THE MEMBERS 114
OF A board of county hospital trustees shall be bipartisan, with 116
an equal number of members from each of the two INDEPENDENTS OR 117
BE MEMBERS OF ANY ONE political parties casting the highest 118
number of votes in such county for its respective candidate for 119
governor at the most recent gubernatorial election PARTY. 120
Notwithstanding any other provision of this section, no more than 122
two members of the board shall be electors of the area served by 123
the hospital that is outside the county in which the hospital is 124
located. The persons so selected shall forthwith be notified, by 125
mail, of their appointment. The notice shall state a time, not 126
4
more than ten days later, when such board shall meet at the 127
county seat of such county to organize. 128
On the date stated, the board shall meet and organize by 130
electing one of its number as chairman CHAIRPERSON and such other 132
officers as specified in the board's rules. Four members of a 133
six-member board constitute a quorum, five members constitute a 134
quorum of an eight-member board, and six members constitute a 135
quorum of a ten-member board. 136
(F) The board of county commissioners, together with the 138
probate judge senior in point of service and the judge of the 139
court of common pleas senior in point of service, shall fill all 140
vacancies that occur in such board of county hospital trustees 141
which result from death, resignation, or removal from office by 142
appointment of electors from the area served by the hospital to 143
fill the unexpired terms. Any trustee appointed under this 144
section may be removed from office by the appointing authority 145
for cause impairing faithful, efficient, and intelligent 146
administration, or for conduct unbecoming to such office, after 147
an opportunity is given to be heard before the appointing 148
authority upon written charges initiated by the appointing 149
authority or board of trustees, but no removal shall be made for 150
political reasons. 151
(G) Such board of county hospital trustees shall hold 153
meetings at least once a month, shall adopt necessary rules of 154
procedure, and shall keep a record of its proceedings and a 155
strict account of all its receipts, disbursements, and 156
expenditures; and upon completion of the construction and 157
equipping of a hospital such board shall file such account with 158
the board of county commissioners and make final settlement with 159
such board for the construction and equipping of the hospital. 160
Section 2. That existing section 339.02 of the Revised 162
Code is hereby repealed. 163