As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session S. B. No. 31 6
1999-2000 7
SENATORS LATTA-GARDNER-SPADA 9
_________________________________________________________________ 11
A B I L L
To amend section 164.04 of the Revised Code to 12
require the appointing authorities that appoint 13
members of district public works integrating 14
committees to appoint alternates for those 15
members to act in their absence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 164.04 of the Revised Code be 19
amended to read as follows: 20
Sec. 164.04. (A) In each of the districts created in 30
section 164.03 of the Revised Code, a district public works 31
integrating committee shall be established as follows: 32
(1) In district one, the district committee shall consist 34
of seven members AND THEIR ALTERNATES appointed as follows: two 35
members AND THEIR ALTERNATES shall be appointed by the board of 37
county commissioners; two MEMBERS AND THEIR ALTERNATES shall be 38
appointed by the chief executive officer of the most populous 39
municipal corporation in the district; two MEMBERS AND THEIR 40
ALTERNATES shall be appointed by a majority of the chief 42
executive officers of the other municipal corporations located 43
within the district; and one MEMBER AND THAT MEMBER'S ALTERNATE, 44
who shall have experience in local infrastructure planning and 45
economic development and who shall represent the interests of 46
private industry within the district, shall be appointed by a 47
majority of the members of the district committee OR THEIR 48
ALTERNATES. Except with respect to the selection of the private 50
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sector member of the committee AND THAT MEMBER'S ALTERNATE, the 51
affirmative vote of at least five committee members OR THEIR 52
ALTERNATES is required for any action taken by a vote of the 54
committee.
(2) In district two, the district committee shall consist 56
of nine members AND THEIR ALTERNATES appointed as follows: two 57
MEMBERS AND THEIR ALTERNATES shall be appointed by the board of 60
county commissioners; three MEMBERS AND THEIR ALTERNATES shall be 61
appointed by the chief executive officer of the most populous 62
municipal corporation in the district; two MEMBERS AND THEIR 63
ALTERNATES shall be appointed by a majority of the other chief 65
executive officers of municipal corporations in the district; and 66
two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority 67
of the boards of township trustees in the district. Of the 68
appointments made MEMBERS APPOINTED by the board of county 69
commissioners, one MEMBER AND THAT MEMBER'S ALTERNATE shall have 70
experience in local infrastructure planning and economic 71
development, and one MEMBER AND THAT MEMBER'S ALTERNATE shall be 72
either a county commissioner or a county engineer of the 74
district. The affirmative vote of at least seven members of the 75
committee OR THEIR ALTERNATES is required for any action taken by 77
a vote of the committee.
(3) In districts three, four, eight, twelve, and nineteen, 79
the district committee shall consist of nine members AND THEIR 80
ALTERNATES appointed as follows: two MEMBERS AND THEIR 82
ALTERNATES shall be appointed by the board of county 83
commissioners or by the chief executive officer of the county; 84
two MEMBERS AND THEIR ALTERNATES shall be appointed by the chief 86
executive officer of the most populous municipal corporation 87
located within the district; two MEMBERS AND THEIR ALTERNATES 88
shall be appointed by a majority of the other chief executive 89
officers of the municipal corporations located in the district; 90
two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority 91
of the boards of township trustees located in the district; and 94
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one MEMBER AND THAT MEMBER'S ALTERNATE, who shall have experience 96
in local infrastructure planning and economic development and who 97
shall represent the interests of private industry within the 98
district, shall be appointed by a majority of the members of the 99
committee OR THEIR ALTERNATES. Except with respect to the 100
selection of the private sector member of the committee AND THAT 101
MEMBER'S ALTERNATE, the affirmative vote of at least seven 103
committee members OR THEIR ALTERNATES is required for any action 105
taken by a vote of the committee.
(4) In district six, the district committee shall consist 107
of nine members AND THEIR ALTERNATES appointed as follows: one 108
member AND THAT MEMBER'S ALTERNATE shall be appointed by the 110
board of county commissioners of each county in the district; one 111
member AND THAT MEMBER'S ALTERNATE shall be appointed by the 112
chief executive officer of the most populous municipal 113
corporation in each county in the district; one member AND THAT 114
MEMBER'S ALTERNATE shall be appointed alternately by a majority 116
of the chief executives of the municipal corporations, other than 117
the largest municipal corporation, within one of the counties of 118
the district; and one member AND THAT MEMBER'S ALTERNATE shall be 119
appointed alternately by a majority of the boards of township 121
trustees within one of the counties in the district. The two
persons who are the county engineers of the counties in the 123
district, AND THE ALTERNATE OF EACH COUNTY ENGINEER, WHOM THE 124
COUNTY ENGINEER OF THE COUNTY SERVED BY THAT COUNTY ENGINEER
SHALL APPOINT, shall also be members of the committee. At least 126
six of these members OR THEIR ALTERNATES shall agree upon the 127
appointment to the committee of a private sector person AND THAT 129
PERSON'S ALTERNATE who shall have experience in local 131
infrastructure planning and economic development. The
affirmative vote of seven committee members OR THEIR ALTERNATES 132
is required for any action taken by a vote of the committee. 134
The first appointment to the committee made by the majority 136
of the boards of township trustees of a county shall be made by 137
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the boards of township trustees located in the least populous 138
county of the district, and the first appointment made by the 139
majority of the chief executives of municipal corporations, other 140
than the largest municipal corporation, of a county shall be made 141
by the chief executives of municipal corporations, other than the 142
largest municipal corporation, from the most populous county in 143
the district. 144
Notwithstanding division (B) of this section, the members 146
of the district committee AND THEIR ALTERNATES appointed 147
alternately by a majority of the chief executive officers of 149
municipal corporations, other than the largest municipal 150
corporation, of a county and a majority of boards of township 151
trustees of a county shall serve five-year terms. 152
(5) In districts seven, nine, and ten, the district 154
committee shall consist of two members AND THEIR ALTERNATES 155
appointed by the board of county commissioners of each county in 157
the district, two members AND THEIR ALTERNATES appointed by a 158
majority of the chief executive officers of all cities within 159
each county in the district, three members AND THEIR ALTERNATES 160
appointed by a majority of the boards of township trustees of all 161
townships in the district, three members AND THEIR ALTERNATES 162
appointed by a majority of chief executive officers of all 164
villages in the district, one MEMBER AND THAT MEMBER'S ALTERNATE 165
appointed by a majority of the county engineers in the district 166
and who shall be a county engineer ENGINEERS, and one member AND 168
THAT MEMBER'S ALTERNATE, who shall have experience in local 169
infrastructure planning and economic development, shall be 170
appointed by a majority of all other committee members OR THEIR 171
ALTERNATES. If there is a county in the district in which there 173
are no cities, the member that is AND THAT MEMBER'S ALTERNATE WHO 174
ARE to be appointed by the chief executive officers of the cities 175
within that county shall be appointed by the chief executive 176
officer of the village with the largest population in that 177
county.
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(6) In districts five, eleven, and thirteen through 179
eighteen, the members AND THEIR ALTERNATES of each district 180
committee shall be appointed as follows: one MEMBER AND THAT 182
MEMBER'S ALTERNATE shall be appointed by each board of county 184
commissioners; one MEMBER AND THAT MEMBER'S ALTERNATE shall be
appointed by the majority of the chief executive officers of the 186
cities located in each county; three MEMBERS AND THEIR ALTERNATES 187
shall be appointed by a majority of the chief executive officers 189
of villages located within the district; three MEMBERS AND THEIR 190
ALTERNATES shall be appointed by a majority of the boards of 191
township trustees located within the district; one MEMBER AND 192
THAT MEMBER'S ALTERNATE appointed by a majority of the county 194
engineers of the district and who shall be a county engineer 195
ENGINEERS; and one member AND THAT MEMBER'S ALTERNATE, who shall 196
have experience in local infrastructure planning and economic 197
development and who shall represent the interests of private 198
industry within the district, shall be appointed by a majority of 199
the members of the committee OR THEIR ALTERNATES. If there is a 200
county in the district in which there are no cities, the member 201
that is AND THAT MEMBER'S ALTERNATE WHO ARE to be appointed by 202
the chief executive officers of the cities within that county 203
shall be appointed by the chief executive officer of the village 204
with the largest population in that county. 205
(7) In districts five, seven, nine, ten, eleven, thirteen, 208
fourteen, sixteen, and seventeen organized in accordance with 209
divisions (A)(5) and (6) of this section, a nine-member AN 210
executive committee OF NINE MEMBERS AND THEIR ALTERNATES shall be 211
established that shall include at least one of the persons OR 212
THEIR ALTERNATES appointed to the district committee by the chief 214
executive officers of the villages within the district, at least 215
one of the persons OR THEIR ALTERNATES appointed to the district 217
committee by the boards of township trustees within the district, 218
the person OR THAT PERSON'S ALTERNATE appointed to the district 219
committee to represent the interests of private industry, and six 220
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additional district committee members OR THEIR ALTERNATES 221
selected to serve on the executive committee by a majority of the 223
members of the district committee OR THEIR ALTERNATES, except 225
that not more than three persons OR THEIR ALTERNATES who were
appointed to the district committee by a board of county 227
commissioners and not more than three persons OR THEIR ALTERNATES 228
who were appointed to the district committee by the chief 230
executives of the cities located in the district shall serve on 231
the executive committee.
(8) In districts fifteen and eighteen organized in 234
accordance with division (A)(6) of this section, an eleven-member 235
executive committee OF ELEVEN MEMBERS AND THEIR ALTERNATES shall 236
be established that shall include at least one of the persons OR 237
THEIR ALTERNATES appointed to the district committee by the chief 239
executive officers of the villages within the district, at least 240
one of the persons OR THEIR ALTERNATES appointed to the district 242
committee by the boards of township trustees within the district,
the person OR THAT PERSON'S ALTERNATE appointed to the district 243
committee to represent the interests of private industry, and 245
eight additional district committee members OR THEIR ALTERNATES 246
selected to serve on the executive committee by a majority of the 247
members of the district committee, except that not more than four 248
persons OR THEIR ALTERNATES who were appointed to the district 250
committee by a board of county commissioners and not more than
four persons OR THEIR ALTERNATES who were appointed to the 251
district committee by the chief executives of the cities located 253
in the district shall serve on the executive committee. No more 254
than two persons OR THEIR ALTERNATES from each county shall be on 255
the executive committee.
All decisions of a district committee required to be 257
organized in accordance with divisions (A)(5) and (6) of this 258
section must SHALL be approved by its executive committee. The 259
affirmative vote of at least seven executive committee members OR 260
THEIR ALTERNATES for executive committees formed under division 261
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(A)(7) of this section and at least nine members OR THEIR 262
ALTERNATES for executive committees formed under division (A)(8) 264
of this section is required for any action taken by vote of the 265
executive committee, except that any decision of the executive 266
committee may be rejected by a vote of at least two-thirds of the 267
full membership of the district committee within thirty days of 268
the executive committee action. Only projects approved by the 269
executive committee may be submitted to the director of the Ohio 270
public works commission pursuant to section 164.05 of the Revised 271
Code.
(B) APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE 273
MEMBERS SHALL APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER 274
APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION. IF A 275
DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE 276
COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO 277
VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT 278
MEETING.
(C) Terms of office for members of district committees AND 280
THEIR ALTERNATES shall be for three years, with each term ending 282
on the same day of the same month as did the term that it 283
succeeds. Each member AND THAT MEMBER'S ALTERNATE shall hold 285
office from the date of appointment until the end of the term for 286
which appointed, except that with respect to any member OR THAT 287
MEMBER'S ALTERNATE who was an elected or appointed official of a 288
township, county, or municipal corporation, the term of office 289
for such person under this section shall not extend beyond such 290
term as an elected or appointed official. Members AND THEIR 291
ALTERNATES may be reappointed. Vacancies shall be filled in the 293
same manner provided for original appointments. Any member OR
THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring 295
prior to the expiration date of the term for which the member's 296
OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold 297
office for the remainder of that term. A member OR THAT MEMBER'S 299
ALTERNATE shall continue in office subsequent to the expiration 301
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date of the member's OR ALTERNATE'S term until the member's OR 302
ALTERNATE'S successor takes office or until a period of sixty 303
days has elapsed, whichever occurs first. Each district public 304
works integrating committee shall elect a chairperson,
vice-chairperson, and such other officers as it considers 305
advisable.
(C)(D) For purposes of this chapter, if a subdivision is 307
located in more than one county or in more than one district, the 308
subdivision shall be deemed to be a part of the county or 309
district in which the largest number of its population is 310
located. However, if after a decennial census the change in a 311
subdivision's population would result in the subdivision becoming 312
part of a different county or district, the legislative authority 313
of the subdivision may, by resolution, choose to remain a part of 314
the county or district of which they were THE SUBDIVISION WAS 315
originally deemed to be a part. Such a decision is not revocable 317
unless similar conditions arise following the next decennial 318
census.
(D)(E) Notwithstanding any provision of law to the 320
contrary, a county, municipal, or township public official may 321
serve as a member of a district public works integrating 322
committee.
(E)(F) A member of a district committee OR THAT MEMBER'S 324
ALTERNATE does not have an unlawful interest in a public contract 326
under section 2921.42 of the Revised Code solely by virtue of the 327
receipt of financial assistance under this chapter by the local 328
subdivision of which the member OR THAT MEMBER'S ALTERNATE is 329
also a public official or appointee. 330
Section 2. That existing section 164.04 of the Revised 332
Code is hereby repealed. 333