As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 31 5
1999-2000 6
SENATORS LATTA-GARDNER-SPADA-DRAKE-REPRESENTATIVES SCHULER- 8
OPFER-SULZER-JOLIVETTE-OLMAN-TAYLOR 9
_________________________________________________________________ 10
A B I L L
To amend sections 164.04, 305.30, and 307.86 of the 11
Revised Code to permit the appointing authorities 13
that appoint members of district public works 14
integrating committees to appoint alternates for 15
those members to act in their absence, to 16
explicitly permit a county administrator to carry 17
out functions of a board of county commissioners
in disasters or emergencies if the board has 18
delegated those functions, and to change the 19
voting requirements to declare a county
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 164.04, 305.30, and 307.86 of the 23
Revised Code be amended to read as follows: 24
Sec. 164.04. (A) In each of the districts created in 34
section 164.03 of the Revised Code, a district public works 35
integrating committee shall be established as follows: 36
(1) In district one, the district committee shall consist 38
of seven members appointed as follows: two members shall be 40
appointed by the board of county commissioners; two MEMBERS shall 42
be appointed by the chief executive officer of the most populous 43
municipal corporation in the district; two MEMBERS shall be 45
appointed by a majority of the chief executive officers of the 46
other municipal corporations located within the district; and one 47
MEMBER, who shall have experience in local infrastructure 49
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planning and economic development and who shall represent the 50
interests of private industry within the district, shall be 51
appointed by a majority of the members of the district committee 52
OR THEIR ALTERNATES. Except with respect to the selection of the 54
private sector member of the committee, the affirmative vote of 55
at least five committee members OR THEIR ALTERNATES is required 57
for any action taken by a vote of the committee. 58
(2) In district two, the district committee shall consist 60
of nine members appointed as follows: two MEMBERS shall be 63
appointed by the board of county commissioners; three MEMBERS 64
shall be appointed by the chief executive officer of the most 66
populous municipal corporation in the district; two MEMBERS shall 67
be appointed by a majority of the other chief executive officers 69
of municipal corporations in the district; and two MEMBERS shall 70
be appointed by a majority of the boards of township trustees in 72
the district. Of the appointments made MEMBERS APPOINTED by the 73
board of county commissioners, one MEMBER shall have experience 75
in local infrastructure planning and economic development, and 76
one MEMBER shall be either a county commissioner or a county 78
engineer of the district. The affirmative vote of at least seven 79
members of the committee OR THEIR ALTERNATES is required for any 80
action taken by a vote of the committee. 81
(3) In districts three, four, eight, twelve, and nineteen, 83
the district committee shall consist of nine members appointed as 84
follows: two MEMBERS shall be appointed by the board of county 86
commissioners or by the chief executive officer of the county; 87
two MEMBERS shall be appointed by the chief executive officer of 88
the most populous municipal corporation located within the 89
district; two MEMBERS shall be appointed by a majority of the 90
other chief executive officers of the municipal corporations 91
located in the district; two MEMBERS shall be appointed by a 92
majority of the boards of township trustees located in the 94
district; and one MEMBER, who shall have experience in local 96
infrastructure planning and economic development and who shall 97
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represent the interests of private industry within the district, 98
shall be appointed by a majority of the members of the committee 99
OR THEIR ALTERNATES. Except with respect to the selection of the 100
private sector member of the committee, the affirmative vote of 101
at least seven committee members OR THEIR ALTERNATES is required 102
for any action taken by a vote of the committee. 103
(4) In district six, the district committee shall consist 105
of nine members appointed as follows: one member shall be 107
appointed by the board of county commissioners of each county in 108
the district; one member shall be appointed by the chief 110
executive officer of the most populous municipal corporation in 111
each county in the district; one member shall be appointed 112
alternately by a majority of the chief executives of the 113
municipal corporations, other than the largest municipal 114
corporation, within one of the counties of the district; and one 115
member shall be appointed alternately by a majority of the boards 117
of township trustees within one of the counties in the district. 118
The two persons who are the county engineers of the counties in 119
the district ALSO shall also be members of the committee. At 121
least six of these members OR THEIR ALTERNATES shall agree upon 122
the appointment to the committee of a private sector person who 124
shall have experience in local infrastructure planning and 126
economic development. The affirmative vote of seven committee 127
members OR THEIR ALTERNATES is required for any action taken by a 129
vote of the committee.
The first appointment to the committee made by the majority 131
of the boards of township trustees of a county shall be made by 132
the boards of township trustees located in the least populous 133
county of the district, and the first appointment made by the 134
majority of the chief executives of municipal corporations, other 135
than the largest municipal corporation, of a county shall be made 136
by the chief executives of municipal corporations, other than the 137
largest municipal corporation, from the most populous county in 138
the district. 139
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Notwithstanding division (B)(C) of this section, the 141
members of the district committee appointed alternately by a 143
majority of the chief executive officers of municipal 144
corporations, other than the largest municipal corporation, of a 145
county and a majority of boards of township trustees of a county 146
shall serve five-year terms. 147
(5) In districts seven, nine, and ten, the district 149
committee shall consist of two members appointed by the board of 151
county commissioners of each county in the district, two members 152
appointed by a majority of the chief executive officers of all 153
cities within each county in the district, three members 154
appointed by a majority of the boards of township trustees of all 155
townships in the district, three members appointed by a majority 156
of chief executive officers of all villages in the district, one 157
MEMBER WHO IS appointed by a majority of the county engineers in 159
the district and who shall be a county engineer, and one member, 161
who shall have experience in local infrastructure planning and 162
economic development, shall be appointed by a majority of all 163
other committee members OR THEIR ALTERNATES. If there is a 164
county in the district in which there are no cities, the member 166
that is to be appointed by the chief executive officers of the 168
cities within that county shall be appointed by the chief 169
executive officer of the village with the largest population in 170
that county.
(6) In districts five, eleven, and thirteen through 172
eighteen, the members of each district committee shall be 174
appointed as follows: one MEMBER shall be appointed by each 176
board of county commissioners; one MEMBER shall be appointed by 178
the majority of the chief executive officers of the cities 179
located in each county; three MEMBERS shall be appointed by a 180
majority of the chief executive officers of villages located 182
within the district; three MEMBERS shall be appointed by a 183
majority of the boards of township trustees located within the 184
district; one MEMBER SHALL BE appointed by a majority of the 186
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county engineers of the district and who shall be a county
engineer; and one member, who shall have experience in local 187
infrastructure planning and economic development and who shall 188
represent the interests of private industry within the district, 189
shall be appointed by a majority of the members of the committee 190
OR THEIR ALTERNATES. If there is a county in the district in 191
which there are no cities, the member that is to be appointed by 193
the chief executive officers of the cities within that county 194
shall be appointed by the chief executive officer of the village 195
with the largest population in that county. 196
(7) In districts five, seven, nine, ten, eleven, thirteen, 199
fourteen, sixteen, and seventeen organized in accordance with 200
divisions (A)(5) and (6) of this section, a nine-member executive 201
committee shall be established that shall include at least one of 203
the persons appointed to the district committee by the chief 205
executive officers of the villages within the district, at least 206
one of the persons appointed to the district committee by the 207
boards of township trustees within the district, the person 208
appointed to the district committee to represent the interests of 210
private industry, and six additional district committee members 211
selected to serve on the executive committee by a majority of the 213
members of the district committee OR THEIR ALTERNATES, except 214
that not more than three persons who were appointed to the 215
district committee by a board of county commissioners and not 216
more than three persons who were appointed to the district 218
committee by the chief executives of the cities located in the 219
district shall serve on the executive committee. 220
(8) In districts fifteen and eighteen organized in 223
accordance with division (A)(6) of this section, an eleven-member 224
executive committee shall be established that shall include at 226
least one of the persons appointed to the district committee by 227
the chief executive officers of the villages within the district, 229
at least one of the persons appointed to the district committee 231
by the boards of township trustees within the district, the
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person appointed to the district committee to represent the 233
interests of private industry, and eight additional district 234
committee members selected to serve on the executive committee by 235
a majority of the members of the district committee OR THEIR 236
ALTERNATES, except that not more than four persons who were 237
appointed to the district committee by a board of county 238
commissioners and not more than four persons who were appointed 239
to the district committee by the chief executives of the cities 241
located in the district shall serve on the executive committee.
No more than two persons from each county shall be on the 243
executive committee.
All decisions of a district committee required to be 245
organized in accordance with divisions (A)(5) and (6) of this 246
section must SHALL be approved by its executive committee. The 247
affirmative vote of at least seven executive committee members OR 248
THEIR ALTERNATES for executive committees formed under division 249
(A)(7) of this section and at least nine members OR THEIR 250
ALTERNATES for executive committees formed under division (A)(8) 252
of this section is required for any action taken by vote of the 253
executive committee, except that any decision of the executive 254
committee may be rejected by a vote of at least two-thirds of the 255
full membership of the district committee within thirty days of 256
the executive committee action. Only projects approved by the 257
executive committee may be submitted to the director of the Ohio 258
public works commission pursuant to section 164.05 of the Revised 259
Code.
(B) APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE 261
MEMBERS ALSO MAY APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER 262
APPOINTED UNDER DIVISIONS (A)(1) TO (6) OF THIS SECTION. IF A 263
DISTRICT COMMITTEE MEMBER IS ABSENT FROM A DISTRICT OR EXECUTIVE 264
COMMITTEE OR SUBCOMMITTEE MEETING, THE ALTERNATE HAS THE RIGHT TO 265
VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS AT THAT 266
MEETING.
(C) Terms of office for members of district committees AND 268
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THEIR ALTERNATES shall be for three years, with each term ending 270
on the same day of the same month as did the term that it 271
succeeds. Each member AND THAT MEMBER'S ALTERNATE shall hold 273
office from the date of appointment until the end of the term for 274
which THE MEMBER IS appointed, except that, with respect to any 275
member who was an elected or appointed official of a township, 276
county, or municipal corporation OR THAT MEMBER'S ALTERNATE, the 277
term of office for such THAT person under this section shall not 279
extend beyond such THE MEMBER'S term as an elected or appointed 281
official UNLESS THE MEMBER WAS APPOINTED BY A GROUP OF OFFICIALS
OF MORE THAN ONE POLITICAL SUBDIVISION OR THE MEMBERS OF THE 282
DISTRICT COMMITTEE, IN WHICH CASE THE MEMBER'S ALTERNATE SHALL 283
CONTINUE TO SERVE FOR THE FULL TERM. Members AND THEIR 284
ALTERNATES may be reappointed. Vacancies shall be filled in the 286
same manner provided for original appointments. Any member OR
THAT MEMBER'S ALTERNATE appointed to fill a vacancy occurring 288
prior to the expiration date of the term for which the member's 289
OR ALTERNATE'S predecessor was apppointed APPOINTED shall hold 290
office for the remainder of that term. A member OR THAT MEMBER'S 292
ALTERNATE shall continue in office subsequent to the expiration 294
date of the member's OR ALTERNATE'S term until the member's OR 295
ALTERNATE'S successor takes office or until a period of sixty 296
days has elapsed, whichever occurs first. Each district public 297
works integrating committee shall elect a chairperson,
vice-chairperson, and such other officers as it considers 298
advisable. 299
(C)(D) For purposes of this chapter, if a subdivision is 301
located in more than one county or in more than one district, the 302
subdivision shall be deemed to be a part of the county or 303
district in which the largest number of its population is 304
located. However, if after a decennial census the change in a 305
subdivision's population would result in the subdivision becoming 306
part of a different county or district, the legislative authority 307
of the subdivision may, by resolution, choose to remain a part of 308
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the county or district of which they were THE SUBDIVISION WAS 309
originally deemed to be a part. Such a decision is not revocable 311
unless similar conditions arise following the next decennial 312
census.
(D)(E) Notwithstanding any provision of law to the 314
contrary, a county, municipal, or township public official may 315
serve as a member of a district public works integrating 316
committee.
(E)(F) A member of a district committee OR THAT MEMBER'S 318
ALTERNATE does not have an unlawful interest in a public contract 320
under section 2921.42 of the Revised Code solely by virtue of the 321
receipt of financial assistance under this chapter by the local 322
subdivision of which the member OR THAT MEMBER'S ALTERNATE is 323
also a public official or appointee. 324
Sec. 305.30. The county administrator shall, under the 333
direction of the board of county commissioners, SHALL DO THE 336
FOLLOWING:
(A) Assist in the administration, enforcement, and 338
execution of the policies and resolutions of the board; 339
(B) Supervise and direct the activities of the affairs of 341
the divisions of county government under the control or 342
jurisdiction of the board;
(C) Attend all meetings of the board at which the county 344
administrator's attendance is required by that body; 346
(D) Recommend measures for adoption to the board; 348
(E) Prepare and submit to the board such reports as are 350
required by that body, or as deems REPORTS THAT IT CONSIDERS 352
advisable;
(F) Keep the board fully advised on the financial 354
conditions of the county, preparing and submitting a budget for 355
the next fiscal year;
(G) Contract on behalf of the board within limits provided 358
by a resolution of the board, provided that the resolution
authorizing such actions shall also specify the types of 360
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contracts upon which the administrator may act without further 361
resolution of the board;
(H) Allow and pay claims for goods received and services 363
rendered within limits provided by a resolution of the board, 364
provided that the county department receiving those goods and 365
services certifies their receipt before the administrator allows 366
the claim;
(I) Perform any or all personnel functions otherwise 369
conferred or incumbent upon the board of county commissioners 370
under Chapter 124. or any other chapter or section of the Revised 371
Code, provided that the board, by resolution, has delegated the
specific functions to the county administrator; 373
(J) PERFORM ANY OR ALL FUNCTIONS CONFERRED OR INCUMBENT 375
UPON THE BOARD OF COUNTY COMMISSIONERS IN THE CASE OF A DISASTER 376
OR EMERGENCY, PROVIDED THAT THE BOARD, BY RESOLUTION, HAS 377
DELEGATED THE SPECIFIC FUNCTIONS OR ALL OF THE FUNCTIONS TO THE 378
ADMINISTRATOR. AS USED IN THIS DIVISION, "DISASTER" AND
"EMERGENCY" HAVE THE SAME MEANINGS AS IN DIVISIONS (E) AND (F) OF 380
SECTION 5502.21 OF THE REVISED CODE.
(K) Perform such additional duties as the board may 382
determine by resolution. 383
The board of county commissioners may assign to such county 385
administrator any office, position, or duties under its control, 386
such office, position, and duties to be performed under the 387
direction and supervision of the board and to be in addition to 388
those set forth in this section.
Sec. 307.86. Anything to be purchased, leased, leased with 397
an option or agreement to purchase, or constructed, including, 398
but not limited to, any product, structure, construction, 399
reconstruction, improvement, maintenance, repair, or service, 400
except the services of an accountant, architect, attorney at law, 401
physician, professional engineer, construction project manager, 402
consultant, surveyor, or appraiser, by or on behalf of the county 403
or contracting authority, as defined in section 307.92 of the 404
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Revised Code, at a cost in excess of fifteen thousand dollars, 405
except as otherwise provided in division (D) of section 713.23 406
and in sections 125.04, 307.022, 307.041, 307.861, 339.05, 407
340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 408
5713.01, and 6137.05 of the Revised Code, shall be obtained 409
through competitive bidding. However, competitive bidding is not 410
required when ANY OF THE FOLLOWING APPLIES: 411
(A) The board of county commissioners, by a unanimous vote 413
of its members, makes a determination that a real and present 414
emergency exists, and such THAT determination and the reasons 416
therefor FOR IT are entered in the minutes of the proceedings of 417
the board, when EITHER OF THE FOLLOWING APPLIES: 418
(1) The estimated cost is less than fifty thousand 421
dollars; or.
(2) There is actual physical disaster to structures, radio 423
communications equipment, or computers. 424
FOR PURPOSES OF THIS DIVISION, "UNANIMOUS VOTE" MEANS ALL 426
THREE MEMBERS OF A BOARD OF COUNTY COMMISSIONERS WHEN ALL THREE 427
MEMBERS ARE PRESENT, OR TWO MEMBERS OF THE BOARD IF ONLY TWO 428
MEMBERS, CONSTITUTING A QUORUM, ARE PRESENT.
Whenever a contract of purchase, lease, or construction is 430
exempted from competitive bidding under division (A)(1) of this 431
section because the estimated cost is less than fifty thousand 432
dollars, but the estimated cost is fifteen thousand dollars or 433
more, the county or contracting authority shall solicit informal 434
estimates from no fewer than three persons who could perform the 435
contract, before awarding the contract. With regard to each such 436
contract, the county or contracting authority shall maintain a 437
record of such estimates, including the name of each person from 438
whom an estimate is solicited, for no less than one year after 439
the contract is awarded. 440
(B) The purchase consists of supplies or a replacement or 442
supplemental part or parts for a product or equipment owned or 443
leased by the county, and the only source of supply for such THE 445
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supplies, part, or parts is limited to a single supplier. 446
(C) The purchase is from the federal government, state, 448
another county or contracting authority thereof, a board of 449
education, township, or municipal corporation. 450
(D) Public social services are purchased for provision by 452
the county department of human services under section 329.04 of 453
the Revised Code, or program services, such as direct and 454
ancillary client services, child day-care, case management 455
services, residential services, and family resource services, are 456
purchased for provision by a county board of mental retardation 457
and developmental disabilities under section 5126.05 of the 458
Revised Code. 459
(E) The purchase consists of human and social services by 461
the board of county commissioners from nonprofit corporations or 462
associations under programs which are funded entirely by the 463
federal government. 464
(F) The purchase consists of any form of an insurance 466
policy or contract authorized to be issued under Title XXXIX of 467
the Revised Code or any form of health care plan authorized to be 469
issued under Chapter 1751. of the Revised Code, or any
combination of such policies, contracts, or plans that the 471
contracting authority is authorized to purchase, and the 472
contracting authority does all of the following: 473
(1) Determines that compliance with the requirements of 475
this section would increase, rather than decrease, the cost of 476
such purchase; 477
(2) Employs a competent consultant to assist the 479
contracting authority in procuring appropriate coverages at the 480
best and lowest prices; 481
(3) Requests issuers of such policies, contracts, or plans 483
to submit proposals to the contracting authority, in a form 484
prescribed by the contracting authority, setting forth the 485
coverage and cost of such policies, contracts, or plans as the 486
contracting authority desires to purchase; 487
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(4) Negotiates with such issuers for the purpose of 489
purchasing such policies, contracts, or plans at the best and 490
lowest price reasonably possible. 491
(G) The purchase consists of computer hardware, software, 493
or consulting services that are necessary to implement a 494
computerized case management automation project administered by 495
the Ohio prosecuting attorneys association and funded by a grant 496
from the federal government. 497
(H) Child day-care services are purchased for provision to 499
county employees. 500
(I)(1) Property, including land, buildings, and other real 502
property, is leased for offices, storage, parking, or other 503
purposes, and all of the following apply: 504
(a) The contracting authority is authorized by the Revised 506
Code to lease the property;. 507
(b) The contracting authority develops requests for 509
proposals for leasing the property, specifying the criteria that 510
will be considered prior to leasing the property, including the 511
desired size and geographic location of the property;. 512
(c) The contracting authority receives responses from 514
prospective lessors with property meeting the criteria specified 515
in the requests for proposals by giving notice in a manner 516
substantially similar to the procedures established for giving 517
notice under section 307.87 of the Revised Code;. 518
(d) The contracting authority negotiates with the 520
prospective lessors to obtain a lease at the best and lowest 521
price reasonably possible considering the fair market value of 522
the property and any relocation and operational costs that may be 523
incurred during the period the lease is in effect. 525
(2) The contracting authority may use the services of a 527
real estate appraiser to obtain advice, consultations, or other 528
recommendations regarding the lease of property under this 529
division. 530
(J) The purchase is made pursuant to section 5139.34 or 532
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sections 5139.41 to 5139.46 of the Revised Code and is of 533
programs or services that provide case management, treatment, or 535
prevention services to any felony or misdemeanant delinquent, 536
unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as 537
community residential care, day treatment, services to children 539
in their home, or electronic monitoring. 540
Any issuer of policies, contracts, or plans listed in 542
division (F) of this section and any prospective lessor under 543
division (I) of this section may have the issuer's or prospective 544
contractor's name and address, or the name and address of an 545
agent, placed on a special notification list to be kept by the 547
contracting authority, by sending the contracting authority such 548
name and address. The contracting authority shall send notice to 549
all persons listed on the special notification list. Notices 550
shall state the deadline and place for submitting proposals. The 551
contracting authority shall mail the notices at least six weeks 552
prior to the deadline set by the contracting authority for 553
submitting such proposals. Every five years the contracting 554
authority may review this list and remove any person from the 555
list after mailing the person notification of such action. 556
Any contracting authority that negotiates a contract under 558
division (F) of this section shall request proposals and 559
renegotiate with issuers in accordance with that division at 560
least every three years from the date of the signing of such a 561
contract. 562
Any consultant employed pursuant to division (F) of this 564
section and any real estate appraiser employed pursuant to 565
division (I) of this section shall disclose any fees or 566
compensation received from any source in connection with that 567
employment.
Section 2. That existing sections 164.04, 305.30, and 569
307.86 of the Revised Code are hereby repealed. 571