As Reported by House Local Government and Townships Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 31 5
1999-2000 6
SENATORS LATTA-GARDNER-SPADA-DRAKE-REPRESENTATIVE SCHULER 8
_________________________________________________________________ 9
A B I L L
To amend sections 164.04, 305.30, and 307.86 of the 10
Revised Code to permit the appointing authorities 12
that appoint members of district public works 13
integrating committees to appoint alternates for 14
those members to act in their absence, to 15
explicitly permit a county administrator to carry 16
out functions of a board of county commissioners
in disasters or emergencies if the board has 17
delegated those functions, and to change the 18
voting requirements to declare a county
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 164.04, 305.30, and 307.86 of the 22
Revised Code be amended to read as follows: 23
Sec. 164.04. (A) In each of the districts created in 33
section 164.03 of the Revised Code, a district public works 34
integrating committee shall be established as follows: 35
(1) In district one, the district committee shall consist 37
of seven members appointed as follows: two members shall be 39
appointed by the board of county commissioners; two MEMBERS shall 41
be appointed by the chief executive officer of the most populous 42
municipal corporation in the district; two MEMBERS shall be 44
appointed by a majority of the chief executive officers of the 45
other municipal corporations located within the district; and one 46
MEMBER, who shall have experience in local infrastructure 48
planning and economic development and who shall represent the 49
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interests of private industry within the district, shall be 50
appointed by a majority of the members of the district committee 51
OR THEIR ALTERNATES. Except with respect to the selection of the 53
private sector member of the committee, the affirmative vote of 54
at least five committee members OR THEIR ALTERNATES is required 56
for any action taken by a vote of the committee. 57
(2) In district two, the district committee shall consist 59
of nine members appointed as follows: two MEMBERS shall be 62
appointed by the board of county commissioners; three MEMBERS 63
shall be appointed by the chief executive officer of the most 65
populous municipal corporation in the district; two MEMBERS shall 66
be appointed by a majority of the other chief executive officers 68
of municipal corporations in the district; and two MEMBERS shall 69
be appointed by a majority of the boards of township trustees in 71
the district. Of the appointments made MEMBERS APPOINTED by the 72
board of county commissioners, one MEMBER shall have experience 74
in local infrastructure planning and economic development, and 75
one MEMBER shall be either a county commissioner or a county 77
engineer of the district. The affirmative vote of at least seven 78
members of the committee OR THEIR ALTERNATES is required for any 79
action taken by a vote of the committee. 80
(3) In districts three, four, eight, twelve, and nineteen, 82
the district committee shall consist of nine members appointed as 83
follows: two MEMBERS shall be appointed by the board of county 85
commissioners or by the chief executive officer of the county; 86
two MEMBERS shall be appointed by the chief executive officer of 87
the most populous municipal corporation located within the 88
district; two MEMBERS shall be appointed by a majority of the 89
other chief executive officers of the municipal corporations 90
located in the district; two MEMBERS shall be appointed by a 91
majority of the boards of township trustees located in the 93
district; and one MEMBER, who shall have experience in local 95
infrastructure planning and economic development and who shall 96
represent the interests of private industry within the district, 97
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shall be appointed by a majority of the members of the committee 98
OR THEIR ALTERNATES. Except with respect to the selection of the 99
private sector member of the committee, the affirmative vote of 100
at least seven committee members OR THEIR ALTERNATES is required 101
for any action taken by a vote of the committee. 102
(4) In district six, the district committee shall consist 104
of nine members appointed as follows: one member shall be 106
appointed by the board of county commissioners of each county in 107
the district; one member shall be appointed by the chief 109
executive officer of the most populous municipal corporation in 110
each county in the district; one member shall be appointed 111
alternately by a majority of the chief executives of the 112
municipal corporations, other than the largest municipal 113
corporation, within one of the counties of the district; and one 114
member shall be appointed alternately by a majority of the boards 116
of township trustees within one of the counties in the district. 117
The two persons who are the county engineers of the counties in 118
the district ALSO shall also be members of the committee. At 120
least six of these members OR THEIR ALTERNATES shall agree upon 121
the appointment to the committee of a private sector person who 123
shall have experience in local infrastructure planning and 125
economic development. The affirmative vote of seven committee 126
members OR THEIR ALTERNATES is required for any action taken by a 128
vote of the committee.
The first appointment to the committee made by the majority 130
of the boards of township trustees of a county shall be made by 131
the boards of township trustees located in the least populous 132
county of the district, and the first appointment made by the 133
majority of the chief executives of municipal corporations, other 134
than the largest municipal corporation, of a county shall be made 135
by the chief executives of municipal corporations, other than the 136
largest municipal corporation, from the most populous county in 137
the district. 138
Notwithstanding division (B)(C) of this section, the 140
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members of the district committee appointed alternately by a 142
majority of the chief executive officers of municipal 143
corporations, other than the largest municipal corporation, of a 144
county and a majority of boards of township trustees of a county 145
shall serve five-year terms. 146
(5) In districts seven, nine, and ten, the district 148
committee shall consist of two members appointed by the board of 150
county commissioners of each county in the district, two members 151
appointed by a majority of the chief executive officers of all 152
cities within each county in the district, three members 153
appointed by a majority of the boards of township trustees of all 154
townships in the district, three members appointed by a majority 155
of chief executive officers of all villages in the district, one 156
MEMBER WHO IS appointed by a majority of the county engineers in 158
the district and who shall be a county engineer, and one member, 160
who shall have experience in local infrastructure planning and 161
economic development, shall be appointed by a majority of all 162
other committee members OR THEIR ALTERNATES. If there is a 163
county in the district in which there are no cities, the member 165
that is to be appointed by the chief executive officers of the 167
cities within that county shall be appointed by the chief 168
executive officer of the village with the largest population in 169
that county.
(6) In districts five, eleven, and thirteen through 171
eighteen, the members of each district committee shall be 173
appointed as follows: one MEMBER shall be appointed by each 175
board of county commissioners; one MEMBER shall be appointed by 177
the majority of the chief executive officers of the cities 178
located in each county; three MEMBERS shall be appointed by a 179
majority of the chief executive officers of villages located 181
within the district; three MEMBERS shall be appointed by a 182
majority of the boards of township trustees located within the 183
district; one MEMBER SHALL BE appointed by a majority of the 185
county engineers of the district and who shall be a county
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engineer; and one member, who shall have experience in local 186
infrastructure planning and economic development and who shall 187
represent the interests of private industry within the district, 188
shall be appointed by a majority of the members of the committee 189
OR THEIR ALTERNATES. If there is a county in the district in 190
which there are no cities, the member that is to be appointed by 192
the chief executive officers of the cities within that county 193
shall be appointed by the chief executive officer of the village 194
with the largest population in that county. 195
(7) In districts five, seven, nine, ten, eleven, thirteen, 198
fourteen, sixteen, and seventeen organized in accordance with 199
divisions (A)(5) and (6) of this section, a nine-member executive 200
committee shall be established that shall include at least one of 202
the persons appointed to the district committee by the chief 204
executive officers of the villages within the district, at least 205
one of the persons appointed to the district committee by the 206
boards of township trustees within the district, the person 207
appointed to the district committee to represent the interests of 209
private industry, and six additional district committee members 210
selected to serve on the executive committee by a majority of the 212
members of the district committee OR THEIR ALTERNATES, except 213
that not more than three persons who were appointed to the 214
district committee by a board of county commissioners and not 215
more than three persons who were appointed to the district 217
committee by the chief executives of the cities located in the 218
district shall serve on the executive committee. 219
(8) In districts fifteen and eighteen organized in 222
accordance with division (A)(6) of this section, an eleven-member 223
executive committee shall be established that shall include at 225
least one of the persons appointed to the district committee by 226
the chief executive officers of the villages within the district, 228
at least one of the persons appointed to the district committee 230
by the boards of township trustees within the district, the
person appointed to the district committee to represent the 232
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interests of private industry, and eight additional district 233
committee members selected to serve on the executive committee by 234
a majority of the members of the district committee OR THEIR 235
ALTERNATES, except that not more than four persons who were 236
appointed to the district committee by a board of county 237
commissioners and not more than four persons who were appointed 238
to the district committee by the chief executives of the cities 240
located in the district shall serve on the executive committee.
No more than two persons from each county shall be on the 242
executive committee.
All decisions of a district committee required to be 244
organized in accordance with divisions (A)(5) and (6) of this 245
section must SHALL be approved by its executive committee. The 246
affirmative vote of at least seven executive committee members OR 247
THEIR ALTERNATES for executive committees formed under division 248
(A)(7) of this section and at least nine members OR THEIR 249
ALTERNATES for executive committees formed under division (A)(8) 251
of this section is required for any action taken by vote of the 252
executive committee, except that any decision of the executive 253
committee may be rejected by a vote of at least two-thirds of the 254
full membership of the district committee within thirty days of 255
the executive committee action. Only projects approved by the 256
executive committee may be submitted to the director of the Ohio 257
public works commission pursuant to section 164.05 of the Revised 258
Code.
(B) APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE 260
MEMBERS ALSO MAY APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER 261
APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION. IF A 262
DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE 263
COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO 264
VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT 265
MEETING.
(C) Terms of office for members of district committees AND 267
THEIR ALTERNATES shall be for three years, with each term ending 269
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on the same day of the same month as did the term that it 270
succeeds. Each member AND THAT MEMBER'S ALTERNATE shall hold 272
office from the date of appointment until the end of the term for 273
which THE MEMBER IS appointed, except that, with respect to any 274
member who was an elected or appointed official of a township, 275
county, or municipal corporation OR THAT MEMBER'S ALTERNATE, the 276
term of office for such THAT person under this section shall not 278
extend beyond such THE MEMBER'S term as an elected or appointed 280
official UNLESS THE MEMBER WAS APPOINTED BY A GROUP OF OFFICIALS
OF MORE THAN ONE POLITICAL SUBDIVISION OR THE MEMBERS OF THE 281
DISTRICT COMMITTEE, IN WHICH CASE THE MEMBER'S ALTERNATE SHALL 282
CONTINUE TO SERVE FOR THE FULL TERM. Members AND THEIR 283
ALTERNATES may be reappointed. Vacancies shall be filled in the 285
same manner provided for original appointments. Any member OR
THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring 287
prior to the expiration date of the term for which the member's 288
OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold 289
office for the remainder of that term. A member OR THAT MEMBER'S 291
ALTERNATE shall continue in office subsequent to the expiration 293
date of the member's OR ALTERNATE'S term until the member's OR 294
ALTERNATE'S successor takes office or until a period of sixty 295
days has elapsed, whichever occurs first. Each district public 296
works integrating committee shall elect a chairperson,
vice-chairperson, and such other officers as it considers 297
advisable. 298
(C)(D) For purposes of this chapter, if a subdivision is 300
located in more than one county or in more than one district, the 301
subdivision shall be deemed to be a part of the county or 302
district in which the largest number of its population is 303
located. However, if after a decennial census the change in a 304
subdivision's population would result in the subdivision becoming 305
part of a different county or district, the legislative authority 306
of the subdivision may, by resolution, choose to remain a part of 307
the county or district of which they were THE SUBDIVISION WAS 308
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originally deemed to be a part. Such a decision is not revocable 310
unless similar conditions arise following the next decennial 311
census.
(D)(E) Notwithstanding any provision of law to the 313
contrary, a county, municipal, or township public official may 314
serve as a member of a district public works integrating 315
committee.
(E)(F) A member of a district committee OR THAT MEMBER'S 317
ALTERNATE does not have an unlawful interest in a public contract 319
under section 2921.42 of the Revised Code solely by virtue of the 320
receipt of financial assistance under this chapter by the local 321
subdivision of which the member OR THAT MEMBER'S ALTERNATE is 322
also a public official or appointee. 323
Sec. 305.30. The county administrator shall, under the 332
direction of the board of county commissioners, SHALL DO THE 335
FOLLOWING:
(A) Assist in the administration, enforcement, and 337
execution of the policies and resolutions of the board; 338
(B) Supervise and direct the activities of the affairs of 340
the divisions of county government under the control or 341
jurisdiction of the board;
(C) Attend all meetings of the board at which the county 343
administrator's attendance is required by that body; 345
(D) Recommend measures for adoption to the board; 347
(E) Prepare and submit to the board such reports as are 349
required by that body, or as deems REPORTS THAT IT CONSIDERS 351
advisable;
(F) Keep the board fully advised on the financial 353
conditions of the county, preparing and submitting a budget for 354
the next fiscal year;
(G) Contract on behalf of the board within limits provided 357
by a resolution of the board, provided that the resolution
authorizing such actions shall also specify the types of 359
contracts upon which the administrator may act without further 360
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resolution of the board;
(H) Allow and pay claims for goods received and services 362
rendered within limits provided by a resolution of the board, 363
provided that the county department receiving those goods and 364
services certifies their receipt before the administrator allows 365
the claim;
(I) Perform any or all personnel functions otherwise 368
conferred or incumbent upon the board of county commissioners 369
under Chapter 124. or any other chapter or section of the Revised 370
Code, provided that the board, by resolution, has delegated the
specific functions to the county administrator; 372
(J) PERFORM ANY OR ALL FUNCTIONS CONFERRED OR INCUMBENT 374
UPON THE BOARD OF COUNTY COMMISSIONERS IN THE CASE OF A DISASTER 375
OR EMERGENCY, PROVIDED THAT THE BOARD, BY RESOLUTION, HAS 376
DELEGATED THE SPECIFIC FUNCTIONS OR ALL OF THE FUNCTIONS TO THE 377
ADMINISTRATOR. AS USED IN THIS DIVISION, "DISASTER" AND
"EMERGENCY" HAVE THE SAME MEANINGS AS IN DIVISIONS (E) AND (F) OF 379
SECTION 5502.21 OF THE REVISED CODE.
(K) Perform such additional duties as the board may 381
determine by resolution. 382
The board of county commissioners may assign to such county 384
administrator any office, position, or duties under its control, 385
such office, position, and duties to be performed under the 386
direction and supervision of the board and to be in addition to 387
those set forth in this section.
Sec. 307.86. Anything to be purchased, leased, leased with 396
an option or agreement to purchase, or constructed, including, 397
but not limited to, any product, structure, construction, 398
reconstruction, improvement, maintenance, repair, or service, 399
except the services of an accountant, architect, attorney at law, 400
physician, professional engineer, construction project manager, 401
consultant, surveyor, or appraiser, by or on behalf of the county 402
or contracting authority, as defined in section 307.92 of the 403
Revised Code, at a cost in excess of fifteen thousand dollars, 404
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except as otherwise provided in division (D) of section 713.23 405
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 406
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 407
5713.01, and 6137.05 of the Revised Code, shall be obtained 408
through competitive bidding. However, competitive bidding is not 409
required when ANY OF THE FOLLOWING APPLIES: 410
(A) The board of county commissioners, by a unanimous vote 412
of its members, makes a determination that a real and present 413
emergency exists, and such THAT determination and the reasons 415
therefor FOR IT are entered in the minutes of the proceedings of 416
the board, when EITHER OF THE FOLLOWING APPLIES: 417
(1) The estimated cost is less than fifty thousand 420
dollars; or.
(2) There is actual physical disaster to structures, radio 422
communications equipment, or computers. 423
FOR PURPOSES OF THIS DIVISION, "UNANIMOUS VOTE" MEANS ALL 425
THREE MEMBERS OF A BOARD OF COUNTY COMMISSIONERS WHEN ALL THREE 426
MEMBERS ARE PRESENT, OR TWO MEMBERS OF THE BOARD IF ONLY TWO 427
MEMBERS, CONSTITUTING A QUORUM, ARE PRESENT.
Whenever a contract of purchase, lease, or construction is 429
exempted from competitive bidding under division (A)(1) of this 430
section because the estimated cost is less than fifty thousand 431
dollars, but the estimated cost is fifteen thousand dollars or 432
more, the county or contracting authority shall solicit informal 433
estimates from no fewer than three persons who could perform the 434
contract, before awarding the contract. With regard to each such 435
contract, the county or contracting authority shall maintain a 436
record of such estimates, including the name of each person from 437
whom an estimate is solicited, for no less than one year after 438
the contract is awarded. 439
(B) The purchase consists of supplies or a replacement or 441
supplemental part or parts for a product or equipment owned or 442
leased by the county, and the only source of supply for such THE 444
supplies, part, or parts is limited to a single supplier. 445
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(C) The purchase is from the federal government, state, 447
another county or contracting authority thereof, a board of 448
education, township, or municipal corporation. 449
(D) Public social services are purchased for provision by 451
the county department of human services under section 329.04 of 452
the Revised Code, or program services, such as direct and 453
ancillary client services, child day-care, case management 454
services, residential services, and family resource services, are 455
purchased for provision by a county board of mental retardation 456
and developmental disabilities under section 5126.05 of the 457
Revised Code. 458
(E) The purchase consists of human and social services by 460
the board of county commissioners from nonprofit corporations or 461
associations under programs which are funded entirely by the 462
federal government. 463
(F) The purchase consists of any form of an insurance 465
policy or contract authorized to be issued under Title XXXIX of 466
the Revised Code or any form of health care plan authorized to be 468
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 470
contracting authority is authorized to purchase, and the 471
contracting authority does all of the following: 472
(1) Determines that compliance with the requirements of 474
this section would increase, rather than decrease, the cost of 475
such purchase; 476
(2) Employs a competent consultant to assist the 478
contracting authority in procuring appropriate coverages at the 479
best and lowest prices; 480
(3) Requests issuers of such policies, contracts, or plans 482
to submit proposals to the contracting authority, in a form 483
prescribed by the contracting authority, setting forth the 484
coverage and cost of such policies, contracts, or plans as the 485
contracting authority desires to purchase; 486
(4) Negotiates with such issuers for the purpose of 488
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purchasing such policies, contracts, or plans at the best and 489
lowest price reasonably possible. 490
(G) The purchase consists of computer hardware, software, 492
or consulting services that are necessary to implement a 493
computerized case management automation project administered by 494
the Ohio prosecuting attorneys association and funded by a grant 495
from the federal government. 496
(H) Child day-care services are purchased for provision to 498
county employees. 499
(I)(1) Property, including land, buildings, and other real 501
property, is leased for offices, storage, parking, or other 502
purposes, and all of the following apply: 503
(a) The contracting authority is authorized by the Revised 505
Code to lease the property;. 506
(b) The contracting authority develops requests for 508
proposals for leasing the property, specifying the criteria that 509
will be considered prior to leasing the property, including the 510
desired size and geographic location of the property;. 511
(c) The contracting authority receives responses from 513
prospective lessors with property meeting the criteria specified 514
in the requests for proposals by giving notice in a manner 515
substantially similar to the procedures established for giving 516
notice under section 307.87 of the Revised Code;. 517
(d) The contracting authority negotiates with the 519
prospective lessors to obtain a lease at the best and lowest 520
price reasonably possible considering the fair market value of 521
the property and any relocation and operational costs that may be 522
incurred during the period the lease is in effect. 524
(2) The contracting authority may use the services of a 526
real estate appraiser to obtain advice, consultations, or other 527
recommendations regarding the lease of property under this 528
division. 529
(J) The purchase is made pursuant to section 5139.34 or 531
sections 5139.41 to 5139.46 of the Revised Code and is of 532
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programs or services that provide case management, treatment, or 534
prevention services to any felony or misdemeanant delinquent, 535
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as 536
community residential care, day treatment, services to children 538
in their home, or electronic monitoring. 539
Any issuer of policies, contracts, or plans listed in 541
division (F) of this section and any prospective lessor under 542
division (I) of this section may have the issuer's or prospective 543
contractor's name and address, or the name and address of an 544
agent, placed on a special notification list to be kept by the 546
contracting authority, by sending the contracting authority such 547
name and address. The contracting authority shall send notice to 548
all persons listed on the special notification list. Notices 549
shall state the deadline and place for submitting proposals. The 550
contracting authority shall mail the notices at least six weeks 551
prior to the deadline set by the contracting authority for 552
submitting such proposals. Every five years the contracting 553
authority may review this list and remove any person from the 554
list after mailing the person notification of such action. 555
Any contracting authority that negotiates a contract under 557
division (F) of this section shall request proposals and 558
renegotiate with issuers in accordance with that division at 559
least every three years from the date of the signing of such a 560
contract. 561
Any consultant employed pursuant to division (F) of this 563
section and any real estate appraiser employed pursuant to 564
division (I) of this section shall disclose any fees or 565
compensation received from any source in connection with that 566
employment.
Section 2. That existing sections 164.04, 305.30, and 568
307.86 of the Revised Code are hereby repealed. 570