As Passed by the Senate 1
123rd General Assembly 4
Regular Session S. B. No. 31 5
1999-2000 6
SENATORS LATTA-GARDNER-SPADA-DRAKE 8
_________________________________________________________________ 10
A B I L L
To amend section 164.04 of the Revised Code to 11
require the appointing authorities that appoint 12
members of district public works integrating 13
committees to appoint alternates for those 14
members to act in their absence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 164.04 of the Revised Code be 18
amended to read as follows: 19
Sec. 164.04. (A) In each of the districts created in 29
section 164.03 of the Revised Code, a district public works 30
integrating committee shall be established as follows: 31
(1) In district one, the district committee shall consist 33
of seven members AND THEIR ALTERNATES appointed as follows: two 34
members AND THEIR ALTERNATES shall be appointed by the board of 36
county commissioners; two MEMBERS AND THEIR ALTERNATES shall be 37
appointed by the chief executive officer of the most populous 38
municipal corporation in the district; two MEMBERS AND THEIR 39
ALTERNATES shall be appointed by a majority of the chief 41
executive officers of the other municipal corporations located 42
within the district; and one MEMBER AND THAT MEMBER'S ALTERNATE, 43
who shall have experience in local infrastructure planning and 44
economic development and who shall represent the interests of 45
private industry within the district, shall be appointed by a 46
majority of the members of the district committee OR THEIR 47
ALTERNATES. Except with respect to the selection of the private 49
sector member of the committee AND THAT MEMBER'S ALTERNATE, the 50
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affirmative vote of at least five committee members OR THEIR 51
ALTERNATES is required for any action taken by a vote of the 53
committee.
(2) In district two, the district committee shall consist 55
of nine members AND THEIR ALTERNATES appointed as follows: two 56
MEMBERS AND THEIR ALTERNATES shall be appointed by the board of 59
county commissioners; three MEMBERS AND THEIR ALTERNATES shall be 60
appointed by the chief executive officer of the most populous 61
municipal corporation in the district; two MEMBERS AND THEIR 62
ALTERNATES shall be appointed by a majority of the other chief 64
executive officers of municipal corporations in the district; and 65
two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority 66
of the boards of township trustees in the district. Of the 67
appointments made MEMBERS APPOINTED by the board of county 68
commissioners, one MEMBER AND THAT MEMBER'S ALTERNATE shall have 69
experience in local infrastructure planning and economic 70
development, and one MEMBER AND THAT MEMBER'S ALTERNATE shall be 71
either a county commissioner or a county engineer of the 73
district. The affirmative vote of at least seven members of the 74
committee OR THEIR ALTERNATES is required for any action taken by 76
a vote of the committee.
(3) In districts three, four, eight, twelve, and nineteen, 78
the district committee shall consist of nine members AND THEIR 79
ALTERNATES appointed as follows: two MEMBERS AND THEIR 81
ALTERNATES shall be appointed by the board of county 82
commissioners or by the chief executive officer of the county; 83
two MEMBERS AND THEIR ALTERNATES shall be appointed by the chief 85
executive officer of the most populous municipal corporation 86
located within the district; two MEMBERS AND THEIR ALTERNATES 87
shall be appointed by a majority of the other chief executive 88
officers of the municipal corporations located in the district; 89
two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority 90
of the boards of township trustees located in the district; and 93
one MEMBER AND THAT MEMBER'S ALTERNATE, who shall have experience 95
3
in local infrastructure planning and economic development and who 96
shall represent the interests of private industry within the 97
district, shall be appointed by a majority of the members of the 98
committee OR THEIR ALTERNATES. Except with respect to the 99
selection of the private sector member of the committee AND THAT 100
MEMBER'S ALTERNATE, the affirmative vote of at least seven 102
committee members OR THEIR ALTERNATES is required for any action 104
taken by a vote of the committee.
(4) In district six, the district committee shall consist 106
of nine members AND THEIR ALTERNATES appointed as follows: one 107
member AND THAT MEMBER'S ALTERNATE shall be appointed by the 109
board of county commissioners of each county in the district; one 110
member AND THAT MEMBER'S ALTERNATE shall be appointed by the 111
chief executive officer of the most populous municipal 112
corporation in each county in the district; one member AND THAT 113
MEMBER'S ALTERNATE shall be appointed alternately by a majority 115
of the chief executives of the municipal corporations, other than 116
the largest municipal corporation, within one of the counties of 117
the district; and one member AND THAT MEMBER'S ALTERNATE shall be 118
appointed alternately by a majority of the boards of township 120
trustees within one of the counties in the district. The two
persons who are the county engineers of the counties in the 122
district, AND THE ALTERNATE OF EACH COUNTY ENGINEER, WHOM THE 123
COUNTY ENGINEER OF THE COUNTY SERVED BY THAT COUNTY ENGINEER
SHALL APPOINT, shall also be members of the committee. At least 125
six of these members OR THEIR ALTERNATES shall agree upon the 126
appointment to the committee of a private sector person AND THAT 128
PERSON'S ALTERNATE who shall have experience in local 130
infrastructure planning and economic development. The
affirmative vote of seven committee members OR THEIR ALTERNATES 131
is required for any action taken by a vote of the committee. 133
The first appointment to the committee made by the majority 135
of the boards of township trustees of a county shall be made by 136
the boards of township trustees located in the least populous 137
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county of the district, and the first appointment made by the 138
majority of the chief executives of municipal corporations, other 139
than the largest municipal corporation, of a county shall be made 140
by the chief executives of municipal corporations, other than the 141
largest municipal corporation, from the most populous county in 142
the district. 143
Notwithstanding division (B) of this section, the members 145
of the district committee AND THEIR ALTERNATES appointed 146
alternately by a majority of the chief executive officers of 148
municipal corporations, other than the largest municipal 149
corporation, of a county and a majority of boards of township 150
trustees of a county shall serve five-year terms. 151
(5) In districts seven, nine, and ten, the district 153
committee shall consist of two members AND THEIR ALTERNATES 154
appointed by the board of county commissioners of each county in 156
the district, two members AND THEIR ALTERNATES appointed by a 157
majority of the chief executive officers of all cities within 158
each county in the district, three members AND THEIR ALTERNATES 159
appointed by a majority of the boards of township trustees of all 160
townships in the district, three members AND THEIR ALTERNATES 161
appointed by a majority of chief executive officers of all 163
villages in the district, one MEMBER AND THAT MEMBER'S ALTERNATE 164
appointed by a majority of the county engineers in the district 165
and who shall be a county engineer ENGINEERS, and one member AND 167
THAT MEMBER'S ALTERNATE, who shall have experience in local 168
infrastructure planning and economic development, shall be 169
appointed by a majority of all other committee members OR THEIR 170
ALTERNATES. If there is a county in the district in which there 172
are no cities, the member that is AND THAT MEMBER'S ALTERNATE WHO 173
ARE to be appointed by the chief executive officers of the cities 174
within that county shall be appointed by the chief executive 175
officer of the village with the largest population in that 176
county.
(6) In districts five, eleven, and thirteen through 178
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eighteen, the members AND THEIR ALTERNATES of each district 179
committee shall be appointed as follows: one MEMBER AND THAT 181
MEMBER'S ALTERNATE shall be appointed by each board of county 183
commissioners; one MEMBER AND THAT MEMBER'S ALTERNATE shall be
appointed by the majority of the chief executive officers of the 185
cities located in each county; three MEMBERS AND THEIR ALTERNATES 186
shall be appointed by a majority of the chief executive officers 188
of villages located within the district; three MEMBERS AND THEIR 189
ALTERNATES shall be appointed by a majority of the boards of 190
township trustees located within the district; one MEMBER AND 191
THAT MEMBER'S ALTERNATE appointed by a majority of the county 193
engineers of the district and who shall be a county engineer 194
ENGINEERS; and one member AND THAT MEMBER'S ALTERNATE, who shall 195
have experience in local infrastructure planning and economic 196
development and who shall represent the interests of private 197
industry within the district, shall be appointed by a majority of 198
the members of the committee OR THEIR ALTERNATES. If there is a 199
county in the district in which there are no cities, the member 200
that is AND THAT MEMBER'S ALTERNATE WHO ARE to be appointed by 201
the chief executive officers of the cities within that county 202
shall be appointed by the chief executive officer of the village 203
with the largest population in that county. 204
(7) In districts five, seven, nine, ten, eleven, thirteen, 207
fourteen, sixteen, and seventeen organized in accordance with 208
divisions (A)(5) and (6) of this section, a nine-member AN 209
executive committee OF NINE MEMBERS AND THEIR ALTERNATES shall be 210
established that shall include at least one of the persons OR 211
THEIR ALTERNATES appointed to the district committee by the chief 213
executive officers of the villages within the district, at least 214
one of the persons OR THEIR ALTERNATES appointed to the district 216
committee by the boards of township trustees within the district, 217
the person OR THAT PERSON'S ALTERNATE appointed to the district 218
committee to represent the interests of private industry, and six 219
additional district committee members OR THEIR ALTERNATES 220
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selected to serve on the executive committee by a majority of the 222
members of the district committee OR THEIR ALTERNATES, except 224
that not more than three persons OR THEIR ALTERNATES who were
appointed to the district committee by a board of county 226
commissioners and not more than three persons OR THEIR ALTERNATES 227
who were appointed to the district committee by the chief 229
executives of the cities located in the district shall serve on 230
the executive committee.
(8) In districts fifteen and eighteen organized in 233
accordance with division (A)(6) of this section, an eleven-member 234
executive committee OF ELEVEN MEMBERS AND THEIR ALTERNATES shall 235
be established that shall include at least one of the persons OR 236
THEIR ALTERNATES appointed to the district committee by the chief 238
executive officers of the villages within the district, at least 239
one of the persons OR THEIR ALTERNATES appointed to the district 241
committee by the boards of township trustees within the district,
the person OR THAT PERSON'S ALTERNATE appointed to the district 242
committee to represent the interests of private industry, and 244
eight additional district committee members OR THEIR ALTERNATES 245
selected to serve on the executive committee by a majority of the 246
members of the district committee, except that not more than four 247
persons OR THEIR ALTERNATES who were appointed to the district 249
committee by a board of county commissioners and not more than
four persons OR THEIR ALTERNATES who were appointed to the 250
district committee by the chief executives of the cities located 252
in the district shall serve on the executive committee. No more 253
than two persons OR THEIR ALTERNATES from each county shall be on 254
the executive committee.
All decisions of a district committee required to be 256
organized in accordance with divisions (A)(5) and (6) of this 257
section must SHALL be approved by its executive committee. The 258
affirmative vote of at least seven executive committee members OR 259
THEIR ALTERNATES for executive committees formed under division 260
(A)(7) of this section and at least nine members OR THEIR 261
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ALTERNATES for executive committees formed under division (A)(8) 263
of this section is required for any action taken by vote of the 264
executive committee, except that any decision of the executive 265
committee may be rejected by a vote of at least two-thirds of the 266
full membership of the district committee within thirty days of 267
the executive committee action. Only projects approved by the 268
executive committee may be submitted to the director of the Ohio 269
public works commission pursuant to section 164.05 of the Revised 270
Code.
(B) APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE 272
MEMBERS SHALL APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER 273
APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION. IF A 274
DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE 275
COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO 276
VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT 277
MEETING.
(C) Terms of office for members of district committees AND 279
THEIR ALTERNATES shall be for three years, with each term ending 281
on the same day of the same month as did the term that it 282
succeeds. Each member AND THAT MEMBER'S ALTERNATE shall hold 284
office from the date of appointment until the end of the term for 285
which appointed, except that with respect to any member OR THAT 286
MEMBER'S ALTERNATE who was an elected or appointed official of a 287
township, county, or municipal corporation, the term of office 288
for such person under this section shall not extend beyond such 289
term as an elected or appointed official. Members AND THEIR 290
ALTERNATES may be reappointed. Vacancies shall be filled in the 292
same manner provided for original appointments. Any member OR
THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring 294
prior to the expiration date of the term for which the member's 295
OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold 296
office for the remainder of that term. A member OR THAT MEMBER'S 298
ALTERNATE shall continue in office subsequent to the expiration 300
date of the member's OR ALTERNATE'S term until the member's OR 301
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ALTERNATE'S successor takes office or until a period of sixty 302
days has elapsed, whichever occurs first. Each district public 303
works integrating committee shall elect a chairperson,
vice-chairperson, and such other officers as it considers 304
advisable.
(C)(D) For purposes of this chapter, if a subdivision is 306
located in more than one county or in more than one district, the 307
subdivision shall be deemed to be a part of the county or 308
district in which the largest number of its population is 309
located. However, if after a decennial census the change in a 310
subdivision's population would result in the subdivision becoming 311
part of a different county or district, the legislative authority 312
of the subdivision may, by resolution, choose to remain a part of 313
the county or district of which they were THE SUBDIVISION WAS 314
originally deemed to be a part. Such a decision is not revocable 316
unless similar conditions arise following the next decennial 317
census.
(D)(E) Notwithstanding any provision of law to the 319
contrary, a county, municipal, or township public official may 320
serve as a member of a district public works integrating 321
committee.
(E)(F) A member of a district committee OR THAT MEMBER'S 323
ALTERNATE does not have an unlawful interest in a public contract 325
under section 2921.42 of the Revised Code solely by virtue of the 326
receipt of financial assistance under this chapter by the local 327
subdivision of which the member OR THAT MEMBER'S ALTERNATE is 328
also a public official or appointee. 329
Section 2. That existing section 164.04 of the Revised 331
Code is hereby repealed. 332