As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 55 5
1999-2000 6
SENATOR WHITE 8
10
A B I L L
To amend sections 121.22, 133.07, 149.43, 325.19, 12
339.01, 339.02, 339.03, 339.06, 339.07, and 13
4115.04 of the Revised Code to make changes 14
regarding the authority of boards of county 15
hospital trustees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 121.22, 133.07, 149.43, 325.19, 18
339.01, 339.02, 339.03, 339.06, 339.07, and 4115.04 of the 19
Revised Code be amended to read as follows: 20
Sec. 121.22. (A) This section shall be liberally 29
construed to require public officials to take official action and 30
to conduct all deliberations upon official business only in open 31
meetings unless the subject matter is specifically excepted by 32
law. 33
(B) As used in this section: 35
(1) "Public body" means any of the following: 37
(a) Any board, commission, committee, council, or similar 39
decision-making body of a state agency, institution, or 40
authority, and any legislative authority or board, commission, 41
committee, council, agency, authority, or similar decision-making 43
body of any county, township, municipal corporation, school 44
district, or other political subdivision or local public 45
institution;
(b) Any committee or subcommittee of a body described in 47
division (B)(1)(a) of this section; 48
(c) A court of jurisdiction of a sanitary district 50
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organized wholly for the purpose of providing a water supply for 51
domestic, municipal, and public use when meeting for the purpose 53
of the appointment, removal, or reappointment of a member of the 54
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 55
related to such a district other than litigation involving the 56
district. As used in division (B)(1)(c) of this section, "court 57
of jurisdiction" has the same meaning as "court" in section 58
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 60
public business of the public body by a majority of its members. 61
(3) "Regulated individual" means either of the following: 63
(a) A student in a state or local public educational 65
institution; 66
(b) A person who is, voluntarily or involuntarily, an 68
inmate, patient, or resident of a state or local institution 69
because of criminal behavior, mental illness or retardation, 70
disease, disability, age, or other condition requiring custodial 71
care. 72
(C) All meetings of any public body are declared to be 74
public meetings open to the public at all times. A member of a 75
public body shall be present in person at a meeting open to the 77
public to be considered present or to vote at the meeting and for 78
purposes of determining whether a quorum is present at the 79
meeting. 80
The minutes of a regular or special meeting of any public 83
body shall be promptly prepared, filed, and maintained and shall 84
be open to public inspection. The minutes need only reflect the 85
general subject matter of discussions in executive sessions 86
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 88
audit conference conducted by the auditor of state or independent 89
certified public accountants with officials of the public office 90
that is the subject of the audit, to the adult parole authority 91
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when its hearings are conducted at a correctional institution for 92
the sole purpose of interviewing inmates to determine parole or 93
pardon, to the organized crime investigations commission 94
established under section 177.01 of the Revised Code, to the 95
state medical board when determining whether to suspend a 96
certificate without a prior hearing pursuant to division (G) of 98
either section 4730.25 or 4731.22 of the Revised Code, to the 100
board of nursing when determining whether to suspend a license 101
without a prior hearing pursuant to division (B) of section 102
4723.181 of the Revised Code, or to the executive committee of 103
the emergency response commission when determining whether to 104
issue an enforcement order or request that a civil action, civil 105
penalty action, or criminal action be brought to enforce Chapter 106
3750. of the Revised Code.
(E) The controlling board, the development financing 108
advisory council, the industrial technology and enterprise 109
advisory council, the tax credit authority, or the minority 111
development financing advisory board, when meeting to consider 112
granting assistance pursuant to Chapter 122. or 166. of the 113
Revised Code, in order to protect the interest of the applicant 114
or the possible investment of public funds, by unanimous vote of 115
all board, council, or authority members present, may close the 117
meeting during consideration of the following information 119
confidentially received by the authority, council, or board from 120
the applicant: 122
(1) Marketing plans; 124
(2) Specific business strategy; 126
(3) Production techniques and trade secrets; 128
(4) Financial projections; 130
(5) Personal financial statements of the applicant or 132
members of the applicant's immediate family, including, but not 133
limited to, tax records or other similar information not open to 135
public inspection. 136
The vote by the authority, council, or board to accept or 140
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reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 143
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 145
reasonable method whereby any person may determine the time and 146
place of all regularly scheduled meetings and the time, place, 147
and purpose of all special meetings. A public body shall not 148
hold a special meeting unless it gives at least twenty-four 149
hours' advance notice to the news media that have requested 150
notification, except in the event of an emergency requiring 151
immediate official action. In the event of an emergency, the 152
member or members calling the meeting shall notify the news media 153
that have requested notification immediately of the time, place, 154
and purpose of the meeting. 155
The rule shall provide that any person, upon request and 158
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 159
business is to be discussed. Provisions for advance notification 160
may include, but are not limited to, mailing the agenda of 161
meetings to all subscribers on a mailing list or mailing notices 162
in self-addressed, stamped envelopes provided by the person. 163
(G) Except as provided in division (J) of this section, 166
the members of a public body may hold an executive session only 167
after a majority of a quorum of the public body determines, by a 168
roll call vote, to hold an executive session and only at a 170
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 171
(1) To consider the appointment, employment, dismissal, 173
discipline, promotion, demotion, or compensation of a public 174
employee or official, or the investigation of charges or 175
complaints against a public employee, official, licensee, or 176
regulated individual, unless the public employee, official, 177
licensee, or regulated individual requests a public hearing. 178
Except as otherwise provided by law, no public body shall hold an 179
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executive session for the discipline of an elected official for 180
conduct related to the performance of the elected official's 181
official duties or for the elected official's removal from 183
office. If a public body holds an executive session pursuant to 185
division (G)(1) of this section, the motion and vote to hold that 186
executive session shall state which one or more of the approved 187
purposes listed in division (G)(1) of this section are the 188
purposes for which the executive session is to be held, but need 189
not include the name of any person to be considered at the 190
meeting.
(2) To consider the purchase of property for public 192
purposes, or for the sale of property at competitive bidding, if 193
premature disclosure of information would give an unfair 194
competitive or bargaining advantage to a person whose personal, 195
private interest is adverse to the general public interest. No 196
member of a public body shall use division (G)(2) of this section 198
as a subterfuge for providing covert information to prospective 200
buyers or sellers. A purchase or sale of public property is void 201
if the seller or buyer of the public property has received covert 202
information from a member of a public body that has not been 203
disclosed to the general public in sufficient time for other 204
prospective buyers and sellers to prepare and submit offers. 205
If the minutes of the public body show that all meetings 207
and deliberations of the public body have been conducted in 208
compliance with this section, any instrument executed by the 209
public body purporting to convey, lease, or otherwise dispose of 210
any right, title, or interest in any public property shall be 211
conclusively presumed to have been executed in compliance with 212
this section insofar as title or other interest of any bona fide 213
purchasers, lessees, or transferees of the property is concerned. 214
(3) Conferences with an attorney for the public body 216
concerning disputes involving the public body that are the 217
subject of pending or imminent court action; 218
(4) Preparing for, conducting, or reviewing negotiations 220
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or bargaining sessions with public employees concerning their 221
compensation or other terms and conditions of their employment; 222
(5) Matters required to be kept confidential by federal 224
law or regulations or state statutes; 225
(6) Specialized details of security arrangements if 227
disclosure of the matters discussed might reveal information that 228
could be used for the purpose of committing, or avoiding 229
prosecution for, a violation of the law; 230
(7) IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO 232
CHAPTER 339. OF THE REVISED CODE, TO CONSIDER TRADE SECRETS, AS 234
DEFINED IN SECTION 1333.61 OF THE REVISED CODE.
If a public body holds an executive session to consider any 236
of the matters listed in divisions (G)(2) to (6) of this section, 237
the motion and vote to hold that executive session shall state 238
which one or more of the approved matters listed in those 239
divisions are to be considered at the executive session. 240
A public body specified in division (B)(1)(c) of this 243
section shall not hold an executive session when meeting for the
purposes specified in that division. 244
(H) A resolution, rule, or formal action of any kind is 246
invalid unless adopted in an open meeting of the public body. A 247
resolution, rule, or formal action adopted in an open meeting 248
that results from deliberations in a meeting not open to the 249
public is invalid unless the deliberations were for a purpose 250
specifically authorized in division (G) or (J) of this section 251
and conducted at an executive session held in compliance with 252
this section. A resolution, rule, or formal action adopted in an 253
open meeting is invalid if the public body that adopted the 254
resolution, rule, or formal action violated division (F) of this 255
section. 256
(I)(1) Any person may bring an action to enforce this 258
section. An action under division (I)(1) of this section shall 260
be brought within two years after the date of the alleged 261
violation or threatened violation. Upon proof of a violation or 262
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threatened violation of this section in an action brought by any 263
person, the court of common pleas shall issue an injunction to 264
compel the members of the public body to comply with its 265
provisions. 266
(2)(a) If the court of common pleas issues an injunction 268
pursuant to division (I)(1) of this section, the court shall 269
order the public body that it enjoins to pay a civil forfeiture 270
of five hundred dollars to the party that sought the injunction 271
and shall award to that party all court costs and, subject to 272
reduction as described in division (I)(2) of this section, 274
reasonable attorney's fees. The court, in its discretion, may 275
reduce an award of attorney's fees to the party that sought the 276
injunction or not award attorney's fees to that party if the 277
court determines both of the following: 278
(i) That, based on the ordinary application of statutory 280
law and case law as it existed at the time of violation or 281
threatened violation that was the basis of the injunction, a 282
well-informed public body reasonably would believe that the 283
public body was not violating or threatening to violate this 284
section; 285
(ii) That a well-informed public body reasonably would 287
believe that the conduct or threatened conduct that was the basis 288
of the injunction would serve the public policy that underlies 289
the authority that is asserted as permitting that conduct or 290
threatened conduct. 291
(b) If the court of common pleas does not issue an 293
injunction pursuant to division (I)(1) of this section and the 294
court determines at that time that the bringing of the action was 295
frivolous conduct, as defined in division (A) of section 2323.51 296
of the Revised Code, the court shall award to the public body all 297
court costs and reasonable attorney's fees, as determined by the 298
court. 299
(3) Irreparable harm and prejudice to the party that 301
sought the injunction shall be conclusively and irrebuttably 302
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presumed upon proof of a violation or threatened violation of 303
this section. 304
(4) A member of a public body who knowingly violates an 306
injunction issued pursuant to division (I)(1) of this section may 307
be removed from office by an action brought in the court of 308
common pleas for that purpose by the prosecuting attorney or the 309
attorney general. 310
(J)(1) Pursuant to division (C) of section 5901.09 of the 312
Revised Code, a veterans service commission shall hold an 313
executive session for one or more of the following purposes 314
unless an applicant requests a public hearing: 315
(a) Interviewing an applicant for financial assistance 317
under sections 5901.01 to 5901.15 of the Revised Code; 318
(b) Discussing applications, statements, and other 320
documents described in division (B) of section 5901.09 of the 321
Revised Code; 322
(c) Reviewing matters relating to an applicant's request 324
for financial assistance under sections 5901.01 to 5901.15 of the 325
Revised Code.
(2) A veterans service commission shall not exclude an 327
applicant for, recipient of, or former recipient of financial 328
assistance under sections 5901.01 to 5901.15 of the Revised Code, 329
and shall not exclude representatives selected by the applicant, 331
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 332
applicant's, recipient's, or former recipient's application for 333
financial assistance.
(3) A veterans service commission shall vote on the grant 335
or denial of financial assistance under sections 5901.01 to 336
5901.15 of the Revised Code only in an open meeting of the 338
commission. The minutes of the meeting shall indicate the name, 339
address, and occupation of the applicant, whether the assistance 340
was granted or denied, the amount of the assistance if assistance 341
is granted, and the votes for and against the granting of 342
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assistance.
Sec. 133.07. (A) A county shall not incur, without a vote 352
of the electors, either of the following: 353
(1) Net indebtedness for all purposes that exceeds an 355
amount equal to one per cent of its tax valuation; 356
(2) Net indebtedness for the purpose of paying the 358
county's share of the cost of the construction, improvement, 359
maintenance, or repair of state highways that exceeds an amount 360
equal to one-half of one per cent of its tax valuation. 361
(B) A county shall not incur total net indebtedness that 363
exceeds an amount equal to the one of the following limitations 364
that applies to the county: 365
(1) A county with a valuation not exceeding one hundred 367
million dollars, three per cent of that tax valuation; 368
(2) A county with a tax valuation exceeding one hundred 370
million dollars but not exceeding three hundred million dollars, 371
three million dollars plus one and one-half per cent of that tax 372
valuation in excess of one hundred million dollars; 373
(3) A county with a tax valuation exceeding three hundred 375
million dollars, six million dollars plus two and one-half per 376
cent of that tax valuation in excess of three hundred million 377
dollars. 378
(C) In calculating the net indebtedness of a county, none 380
of the following securities shall be considered: 381
(1) Securities described in section 307.201 of the Revised 383
Code; 384
(2) Self-supporting securities issued for any purposes, 386
including, but not limited to, any of the following general 387
purposes: 388
(a) Water systems or facilities; 390
(b) Sanitary sewerage systems or facilities, or surface 392
and storm water drainage and sewerage systems or facilities, or a 393
combination of those systems or facilities; 394
(c) County or joint county scrap tire collection, storage, 396
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monocell, monofill, or recovery facilities, or any combination of 397
those facilities; 398
(d) Off-street parking lots, facilities, or buildings, or 400
on-street parking facilities, or any combination of off-street 401
and on-street parking facilities; 402
(e) Facilities for the care or treatment of the sick or 404
infirm, and for housing the persons providing that care or 405
treatment and their families; 406
(f) Recreational, sports, convention, auditorium, museum, 408
trade show, and other public attraction facilities; 409
(g) Facilities for natural resources exploration, 411
development, recovery, use, and sale; 412
(h) Correctional and detention facilities and related 414
rehabilitation facilities. 415
(3) Securities issued for the purpose of purchasing, 417
constructing, improving, or extending water or sanitary or 418
surface and storm water sewerage systems or facilities, or a 419
combination of those systems or facilities, to the extent that an 420
agreement entered into with another subdivision requires the 421
other subdivision to pay to the county amounts equivalent to debt 422
charges on the securities; 423
(4) Voted general obligation securities issued for the 425
purpose of permanent improvements for sanitary sewerage or water 426
systems or facilities to the extent that the total principal 427
amount of voted securities outstanding for the purpose does not 428
exceed an amount equal to two per cent of the county's tax 429
valuation; 430
(5) Securities issued for permanent improvements to house 432
agencies, departments, boards, or commissions of the county or of 433
any municipal corporation located, in whole or in part, in the 434
county, to the extent that the revenues, other than revenues from 435
unvoted county property taxes, derived from leases or other 436
agreements between the county and those agencies, departments, 437
boards, commissions, or municipal corporations relating to the 438
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use of the permanent improvements are sufficient to cover the 439
cost of all operating expenses of the permanent improvements paid 440
by the county and debt charges on the securities; 441
(6) Securities issued pursuant to section 133.08 of the 443
Revised Code; 444
(7) Securities issued for the purpose of acquiring or 446
constructing roads, highways, bridges, or viaducts, for the 447
purpose of acquiring or making other highway permanent 448
improvements, or for the purpose of procuring and maintaining 449
computer systems for the office of the clerk of any 450
county-operated municipal court, for the office of the clerk of 451
the court of common pleas, or for the office of the clerk of the 452
probate, juvenile, or domestic relations division of the court of 453
common pleas to the extent that the legislation authorizing the 454
issuance of the securities includes a covenant to appropriate 455
from moneys distributed to the county pursuant to division (B) of 456
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 457
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 458
sufficient amount to cover debt charges on and financing costs 459
relating to the securities as they become due; 460
(8) Securities issued for the purpose of acquiring, 462
constructing, improving, and equipping a county, multicounty, or 463
multicounty-municipal jail, workhouse, juvenile detention 464
facility, or correctional facility; 465
(9) Securities issued for the acquisition, construction, 467
equipping, or repair of any permanent improvement or any class or 468
group of permanent improvements enumerated in a resolution 469
adopted pursuant to division (D) of section 5739.026 of the 470
Revised Code to the extent that the legislation authorizing the 471
issuance of the securities includes a covenant to appropriate 472
from moneys received from the taxes authorized under section 473
5739.023 and division (A)(5) of section 5739.026 of the Revised 474
Code an amount sufficient to pay debt charges on the securities 475
and those moneys shall be pledged for that purpose; 476
12
(10) Securities issued for county or joint county solid 478
waste or hazardous waste collection, transfer, or disposal 479
facilities, or resource recovery and solid or hazardous waste 480
recycling facilities, or any combination of those facilities; 481
(11) Securities issued for the acquisition, construction, 483
and equipping of a port authority educational and cultural 484
facility under section 307.671 of the Revised Code; 485
(12) Securities issued for the acquisition, construction, 487
equipping, and improving of a municipal educational and cultural 488
facility under division (B)(1) of section 307.672 of the Revised 489
Code; 490
(13) Securities issued for energy conservation measures 492
under section 307.041 of the Revised Code; 493
(14) Securities issued for the acquisition, construction, 495
equipping, improving, or repair of a sports facility, including 496
obligations issued to pay costs of a sports facility under 497
section 307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised 499
Code if the legislation authorizing issuance of the securities 500
includes a covenant to appropriate from revenue received from a 501
tax authorized under division (A)(5) of section 5739.026 and 502
section 5741.023 of the Revised Code an amount sufficient to pay 503
debt charges on the securities, and the board of county 504
commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code; 505
(15)(16) Sales tax supported bonds issued pursuant to 507
section 133.081 of the Revised Code for the purpose of acquiring, 509
constructing, improving, or equipping any permanent improvement 510
to the extent that the legislation authorizing the issuance of 511
the sales tax supported bonds pledges county sales taxes to the 512
payment of debt charges on the sales tax supported bonds and 513
contains a covenant to appropriate from county sales taxes a 514
sufficient amount to cover debt charges or the financing costs 515
related to the sales tax supported bonds as they become due. 516
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(D) In calculating the net indebtedness of a county, no 518
obligation incurred under division (E)(D) of section 339.06 of 519
the Revised Code shall be considered. 521
Sec. 149.43. (A) As used in this section: 530
(1) "Public record" means any record that is kept by any 532
public office, including, but not limited to, state, county, 533
city, village, township, and school district units, except that 535
"public record" does not mean any of the following:
(a) Medical records; 537
(b) Records pertaining to probation and parole 539
proceedings;
(c) Records pertaining to actions under section 2151.85 541
and division (C) of section 2919.121 of the Revised Code and to 543
appeals of actions arising under those sections; 544
(d) Records pertaining to adoption proceedings, including 546
the contents of an adoption file maintained by the department of 547
health under section 3705.12 of the Revised Code; 548
(e) Information in a record contained in the putative 550
father registry established by section 3107.062 of the Revised 551
Code, regardless of whether the information is held by the 552
department of human services or, pursuant to section 5101.313 of 553
the Revised Code, the division of child support in the department 554
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 556
the Revised Code or specified in division (A) of section 3107.52 557
of the Revised Code;
(g) Trial preparation records; 559
(h) Confidential law enforcement investigatory records; 561
(i) Records containing information that is confidential 563
under section 2317.023 or 4112.05 of the Revised Code; 564
(j) DNA records stored in the DNA database pursuant to 567
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 569
rehabilitation and correction to the department of youth services 571
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or a court of record pursuant to division (E) of section 5120.21 572
of the Revised Code;
(l) Records maintained by the department of youth services 574
pertaining to children in its custody released by the department 575
of youth services to the department of rehabilitation and 576
correction pursuant to section 5139.05 of the Revised Code; 577
(m) Intellectual property records; 579
(n) Donor profile records; 581
(o) Records maintained by the department of human services 583
pursuant to section 5101.312 of the Revised Code; 584
(p) IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO 587
CHAPTER 339. OF THE REVISED CODE, INFORMATION THAT CONSTITUTES A 589
TRADE SECRET, AS DEFINED IN SECTION 1333.61 OF THE REVISED CODE, 590
AND ANY RECORDS HELD BY THE HOSPITAL PERTAINING TO ITS EMPLOYEES; 591
(q) Records the release of which is prohibited by state or 593
federal law. 594
(2) "Confidential law enforcement investigatory record" 596
means any record that pertains to a law enforcement matter of a 597
criminal, quasi-criminal, civil, or administrative nature, but 598
only to the extent that the release of the record would create a 599
high probability of disclosure of any of the following: 600
(a) The identity of a suspect who has not been charged 602
with the offense to which the record pertains, or of an 603
information source or witness to whom confidentiality has been 604
reasonably promised; 605
(b) Information provided by an information source or 607
witness to whom confidentiality has been reasonably promised, 608
which information would reasonably tend to disclose the source's 609
or witness's identity; 610
(c) Specific confidential investigatory techniques or 612
procedures or specific investigatory work product; 613
(d) Information that would endanger the life or physical 615
safety of law enforcement personnel, a crime victim, a witness, 616
or a confidential information source. 617
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(3) "Medical record" means any document or combination of 619
documents, except births, deaths, and the fact of admission to or 620
discharge from a hospital, that pertains to the medical history, 621
diagnosis, prognosis, or medical condition of a patient and that 622
is generated and maintained in the process of medical treatment. 623
(4) "Trial preparation record" means any record that 625
contains information that is specifically compiled in reasonable 626
anticipation of, or in defense of, a civil or criminal action or 627
proceeding, including the independent thought processes and 628
personal trial preparation of an attorney. 629
(5) "Intellectual property record" means a record, other 632
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 633
higher learning in the conduct of or as a result of study or 634
research on an educational, commercial, scientific, artistic, 635
technical, or scholarly issue, regardless of whether the study or 636
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 638
been publicly released, published, or patented. 639
(6) "Donor profile record" means all records about donors 641
or potential donors to a public institution of higher education 642
except the names and reported addresses of the actual donors and 643
the date, amount, and conditions of the actual donation. 644
(B) All public records shall be promptly prepared and made 646
available for inspection to any person at all reasonable times 647
during regular business hours. Upon request, a person 648
responsible for public records shall make copies available at 649
cost, within a reasonable period of time. In order to facilitate 650
broader access to public records, governmental units shall 651
maintain public records in a manner that they can be made 652
available for inspection in accordance with this division. 653
(C) If a person allegedly is aggrieved by the failure of a 655
governmental unit to promptly prepare a public record and to make 656
it available to the person for inspection in accordance with 657
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division (B) of this section, or if a person who has requested a 659
copy of a public record allegedly is aggrieved by the failure of 660
a person responsible for the public record to make a copy 661
available to the person allegedly aggrieved in accordance with 663
division (B) of this section, the person allegedly aggrieved may 664
commence a mandamus action to obtain a judgment that orders the 665
governmental unit or the person responsible for the public record 666
to comply with division (B) of this section and that awards 667
reasonable attorney's fees to the person that instituted the 668
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 669
section allegedly was not complied with, in the supreme court 670
pursuant to its original jurisdiction under Section 2 of Article 671
IV, Ohio Constitution, or in the court of appeals for the 672
appellate district in which division (B) of this section 673
allegedly was not complied with pursuant to its original 674
jurisdiction under Section 3 of Article IV, Ohio Constitution. 675
(D) Chapter 1347. of the Revised Code does not limit the 677
provisions of this section. 678
(E)(1) The bureau of motor vehicles may adopt rules 680
pursuant to Chapter 119. of the Revised Code to reasonably limit 682
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 683
calendar year. The rules may include provisions for charges to 684
be made for bulk commercial special extraction requests for the 686
actual cost of the bureau, plus special extraction costs, plus 687
ten per cent. The bureau may charge for expenses for redacting 688
information, the release of which is prohibited by law. 689
(2) As used in division (E)(1) of this section: 691
(a) "Actual cost" means the cost of depleted supplies, 693
records storage media costs, actual mailing and alternative 694
delivery costs, or other transmitting costs, and any direct 695
equipment operating and maintenance costs, including actual costs 696
paid to private contractors for copying services. 697
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(b) "Bulk commercial special extraction request" means a 699
request for copies of a record for information in a format other 700
than the format already available, or information that cannot be 701
extracted without examination of all items in a records series, 702
class of records, or data base by a person who intends to use or 703
forward the copies for surveys, marketing, solicitation, or 704
resale for commercial purposes. "Bulk commercial special 705
extraction request" does not include a request by a person who 706
gives assurance to the bureau that the person making the request 707
does not intend to use or forward the requested copies for 708
surveys, marketing, solicitation, or resale for commercial 709
purposes.
(c) "Commercial" means profit-seeking production, buying, 711
or selling of any good, service, or other product. 712
(d) "Special extraction costs" means the cost of the time 714
spent by the lowest paid employee competent to perform the task, 715
the actual amount paid to outside private contractors employed by 716
the bureau, or the actual cost incurred to create computer 717
programs to make the special extraction. "Special extraction 718
costs" include any charges paid to a public agency for computer
or records services. 719
(3) For purposes of divisions (E)(1) and (2) of this 722
section, "commercial surveys, marketing, solicitation, or resale" 723
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 725
citizen oversight or understanding of the operation or activities 726
of government, or nonprofit educational research. 727
Sec. 325.19. (A)(1) The granting of vacation leave under 736
division (A)(1) of this section is subject to divisions (A)(2) 737
and (3) of this section. Each full-time employee in the several 738
offices and departments of the county service, including 739
full-time hourly rate employees, after service of one year with 740
the county or any political subdivision of the state, shall have 741
earned and will be due upon the attainment of the first year of 742
18
employment, and annually thereafter, eighty hours of vacation 743
leave with full pay. One year of service shall be computed on 744
the basis of twenty-six biweekly pay periods. A full-time county 745
employee with eight or more years of service with the county or 746
any political subdivision of the state shall have earned and is 747
entitled to one hundred twenty hours of vacation leave with full 748
pay. A full-time county employee with fifteen or more years of 749
service with the county or any political subdivision of the state 750
shall have earned and is entitled to one hundred sixty hours of 751
vacation leave with full pay. A full-time county employee with 752
twenty-five years of service with the county or any political 753
subdivision of the state shall have earned and is entitled to two 754
hundred hours of vacation leave with full pay. Such vacation 755
leave shall accrue to the employee at the rate of three and 756
one-tenth hours each biweekly period for those entitled to eighty 757
hours per year; four and six-tenths hours each biweekly period 758
for those entitled to one hundred twenty hours per year; six and 759
two-tenths hours each biweekly period for those entitled to one 760
hundred sixty hours per year; and seven and seven-tenths hours 761
each biweekly period for those entitled to two hundred hours per 762
year. 763
(2) Full-time employees granted vacation leave under 765
division (A)(1) of this section who render any standard of 766
service other than forty hours per week as described in division 767
(J) of this section and who are in active pay status in a 768
biweekly pay period, shall accrue a number of hours of vacation 769
leave during each such pay period that bears the same ratio to 770
the number of hours specified in division (A)(1) of this section 771
as their number of hours which are accepted as full-time in 772
active pay status, excluding overtime hours, bears to eighty 773
hours. 774
(3) Full-time employees granted vacation leave under 776
division (A)(1) of this section who are in active pay status in a 777
biweekly pay period for less than eighty hours or the number of 778
19
hours of service otherwise accepted as full-time by their 779
employing office or department shall accrue a number of hours of 780
vacation leave during that pay period that bears the same ratio 781
to the number of hours specified in division (A)(1) of this 782
section as their number of hours in active pay status, excluding 783
overtime hours, bears to eighty or the number of hours of service 784
accepted as full-time, whichever is applicable. 785
(B) A board of county commissioners, by resolution, may 787
grant vacation leave with full pay to part-time county employees. 788
A part-time county employee shall be eligible for vacation leave 789
with full pay upon the attainment of the first year of 790
employment, and annually thereafter. The ratio between the hours 791
worked and the vacation hours awarded to a part-time employee 792
shall be the same as the ratio between the hours worked and the 793
vacation hours earned by a full-time employee as provided for in 794
this section. 795
(C) Days specified as holidays in section 124.19 of the 797
Revised Code shall not be charged to an employee's vacation 798
leave. Vacation leave shall be taken by the employee during the 799
year in which it accrued and prior to the next recurrence of the 800
anniversary date of the employee's employment, provided the 801
appointing authority may, in special and meritorious cases, 802
permit such employee to accumulate and carry over his vacation 803
leave to the following year. No vacation leave shall be carried 804
over for more than three years. An employee is entitled to 805
compensation, at the employee's current rate of pay, for the 806
prorated portion of any earned but unused vacation leave for the 807
current year to the employee's credit at time of separation, and 808
in addition shall be compensated for any unused vacation leave 809
accrued to the employee's credit, with the permission of the 810
appointing authority, for the three years immediately preceding
the last anniversary date of employment. 811
(D)(1) In addition to vacation leave, a full-time county 813
employee is entitled to eight hours of holiday pay for New Year's 814
20
day, Martin Luther King day, Washington-Lincoln day, Memorial 815
day, Independence day, Labor day, Columbus day, Veterans' day, 816
Thanksgiving day, and Christmas day, of each year. Except as 818
provided in division (D)(2) of this section, holidays shall occur 819
on the days specified in section 1.14 of the Revised Code. In 820
the event that any of the aforesaid holidays fall on Saturday, 821
the Friday immediately preceding shall be observed as the 822
holiday. In the event that any of the aforesaid holidays fall on 823
Sunday, the Monday immediately succeeding shall be observed as 824
the holiday. If an employee's work schedule is other than Monday 825
through Friday, the employee is entitled to holiday pay for 826
holidays observed on the employee's day off regardless of the day 827
of the week on which they are observed.
(2)(a) When a classified employee of a county board of 829
mental retardation and developmental disabilities works at a site 830
maintained by a government entity other than the board, such as a 831
public school, the board may adjust the employee's holiday 832
schedule to conform to the schedule adopted by the government 833
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division 834
(D)(1) of this section. 835
(b) PURSUANT TO DIVISION (H)(7) OF SECTION 339.06 OF THE 837
REVISED CODE, A COUNTY HOSPITAL MAY OBSERVE MARTIN LUTHER KING 838
DAY, WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND VETERANS' DAY ON 840
DAYS OTHER THAN THOSE SPECIFIED IN SECTION 1.14 OF THE REVISED 841
CODE.
(E) In the case of the death of a county employee, the 843
unused vacation leave and unpaid overtime to the credit of any 844
such employee, shall be paid in accordance with section 2113.04 845
of the Revised Code, or to the employee's estate. 846
(F) Notwithstanding this section or any other section of 848
the Revised Code, any appointing authority of a county office, 849
department, commission, board, or body may, upon notification to 850
the board of county commissioners, establish alternative 851
21
schedules of vacation leave and holidays for employees of the 852
appointing authority for whom the state employment relations 853
board has not established an appropriate bargaining unit pursuant 854
to section 4117.06 of the Revised Code, provided that the 855
alternative schedules are not inconsistent with the provisions of 856
a collective bargaining agreement covering other employees of 857
that appointing authority. 858
(G) The employees of a county children services board that 860
establishes vacation benefits under section 5153.12 of the 861
Revised Code are exempt from division (A) of this section. 862
(H) The provisions of this section do not apply to 864
superintendents and management employees of county boards of 865
mental retardation and developmental disabilities. 866
(I) Division (A) of this section does not apply to an 868
employee of a county board of mental retardation and 869
developmental disabilities who works at, or provides 870
transportation services to pupils of, a special education program 871
provided by the county board pursuant to division (A)(4) of
section 5126.05 of the Revised Code, if the employee's employment 872
is based on a school year and the employee is not subject to a 873
contract with the county board that provides for division (A) of 874
this section to apply to the employee.
(J) As used in this section: 876
(1) "Full-time employee" means an employee whose regular 878
hours of service for a county total forty hours per week, or who 879
renders any other standard of service accepted as full-time by an 880
office, department, or agency of county service. 881
(2) "Part-time employee" means an employee whose regular 883
hours of service for a county total less than forty hours per 884
week, or who renders any other standard of service accepted as 885
part-time by an office, department, or agency of county service, 886
and whose hours of county service total at least five hundred 887
twenty hours annually. 888
(3) "Management employee" has the same meaning as in 890
22
section 5126.20 of the Revised Code. 891
Sec. 339.01. (A) As used in sections 339.01 to 339.17 of 900
the Revised Code: 901
(1) "Hospital facilities" has the meaning given in section 903
140.01 of the Revised Code. 904
(2) "County hospital" includes all of the county 906
hospital's branches and hospital facilities, wherever located. 907
(3) "Outpatient health facility" means a facility where 909
medical care and preventive, diagnostic, therapeutic, 910
rehabilitative, or palliative items or services are provided to 911
outpatients by or under the direction of a physician or dentist. 912
(B) The A board of county commissioners may purchase, 914
acquire, lease, appropriate, and construct a county hospital or 915
hospital facilities thereof. After a county hospital or hospital 916
facilities have been fully completed and sufficiently equipped 917
for occupancy, any subsequent improvements, enlargements, or 918
rebuilding of any such facility shall be made by the board of 919
county hospital trustees or a hospital commission appointed 920
pursuant to section 339.14 of the Revised Code. 921
(C)(1) A BOARD OF COUNTY COMMISSIONERS, board of county 923
hospital trustees, or a hospital commission may purchase, 925
acquire, lease, appropriate, or construct an outpatient health 926
facility in another county, which TO SERVE AS A BRANCH OF THE 927
COUNTY HOSPITAL. THE OUTPATIENT HEALTH FACILITY may include 929
office space for physicians. The facility shall be a branch of 930
the county hospital and shall be operated pursuant to the law 931
that regulates the operation of the county hospital. A board of 932
county hospital trustees or a hospital commission that proposes 933
to establish such a facility shall give written notice to the 934
board of county commissioners of the county where the facility is 935
to be located.
(2) Except as provided in division (C)(3) of this section, 937
the board or commission may establish and operate the facility, 938
unless the board of county commissioners of the county where the 939
23
facility is to be located, not later than sixty days after 940
receiving the notice, adopts a resolution denying the trustees or 941
commission the right to establish the facility. 942
(3) If a board of county commissioners provides a subsidy 944
for uncompensated care to a board of county hospital trustees or 945
hospital commission, the board of county hospital trustees or 946
hospital commission may establish and operate the outpatient 947
health facility only if that board of county commissioners 948
approves the establishment of the facility. Even if the board 949
approves the establishment of the facility, it shall not 950
appropriate any funds generated by a tax levied under section 951
5705.191 of the Revised Code to finance the acquisition, 952
construction, repair, maintenance, or operation of such a 953
facility located outside the county. 954
(D) A county hospital may be designated as a monument to 956
commemorate the services of the soldiers, sailors, marines, and 957
pioneers of the county. 958
Sec. 339.02. (A) As used in this section, "area served by 967
the hospital" means the geographic area, whether or not included 968
within the county, from which a county hospital regularly draws 969
patients. 970
(B) Unless a board of county hospital trustees for the 972
county is in existence in accordance with this section, such 973
board shall be created pursuant to this section after the board 974
of county commissioners first determines by resolution to 975
establish a county hospital. Copies of such resolution shall be 976
certified to the probate judge of the county senior in point of 977
service and to the judge, other than a probate judge, of the 978
court of common pleas of the county senior in point of service. 979
(C)(B) The board of county commissioners together with the 981
probate judge of the county senior in point of service and the 982
judge of the court of common pleas of the county senior in point 983
of service shall, within ten days after such certification, 984
appoint a board of county hospital trustees. The board of county 985
24
hospital trustees shall be composed of six electors of the area 986
served by the hospital MEMBERS, unless the board of county 987
commissioners determines that the board of trustees can more 989
effectively function with eight or ten MORE trustees, in which 990
case there may be eight or ten trustees, as designated by the 992
board of county commissioners. 993
(1) When the board of trustees is composed of six electors 996
MEMBERS, their terms of office shall be: one for one year, one 997
for two years, one for three years, one for four years, one for 998
five years, and one for six years from the first Monday of March 999
thereafter. 1,000
(2) When the board is composed of eight electors MEMBERS, 1,002
their terms of office shall be: one for one year, one for two 1,003
years, two for three years, one for four years, one for five 1,004
years, and two for six years from the first Monday of March 1,005
thereafter.
(3) When the board is composed of ten electors MEMBERS, 1,007
their terms of office shall be: two for one year, one for two 1,008
years, two for three years, two for four years, one for five 1,009
years, and two for six years from the first Monday of March 1,010
thereafter.
Annually thereafter except as provided in division 1,012
(D)(C)(2) of this section, on the first Monday of March, the 1,013
board of county commissioners together with the probate judge of 1,014
the county senior in point of service and the judge of the court 1,015
of common pleas of the county senior in point of service shall 1,016
appoint or reappoint for a term of six years a sufficient number 1,017
of electors of the area served by the hospital MEMBERS to replace 1,019
those trustees whose terms have expired. 1,020
(D)(C)(1) The board of county commissioners together with 1,022
the probate judge senior in point of service and the judge of the 1,023
court of common pleas senior in point of service in any county in 1,024
which a board of county hospital trustees has been appointed may 1,025
expand the number of trustees to eight or to ten. Such 1,026
25
additional trustees shall be electors of the area served by the 1,027
hospital and shall evenly represent the two political parties 1,028
casting the highest number of votes in such county for its 1,029
respective candidate for governor at the most recent 1,031
gubernatorial election. When the number of trustees is increased 1,032
to eight, one MEMBER shall be appointed for a three-year and one 1,033
for a six-year term from the first Monday of March thereafter. 1,034
When the number of trustees is increased from six to ten, the 1,035
term for additional members shall be: one for one year, one for 1,036
three years, one for four years, and one for six years from the 1,037
first Monday of March thereafter. When the number of trustees is 1,038
increased from eight to ten, the term for additional members 1,039
shall be: one for one year and one for four years from the first 1,040
Monday of March thereafter. Thereafter except as provided in 1,041
division (D)(C)(2) of this section, upon the expiration of the 1,042
term of office of each trustee, his THE TRUSTEE'S successor shall 1,044
be appointed for a term of six years. 1,046
(2) The board of county commissioners together with the 1,048
probate judge senior in point of service and the judge of the 1,049
court of common pleas senior in point of service may reduce the 1,050
number of board of county hospital trustees to eight or to six. 1,051
The reduction shall occur on expiration of a trustee's term of 1,052
office, at which time no appointment shall be made. While the 1,053
board of county commissioners and the judges are in the process 1,054
of reducing the number of trustees, the board of county hospital 1,055
trustees may consist of nine or seven trustees for one year. 1,056
(E) The board of county hospital trustees shall be 1,058
bipartisan, with an equal number of members from each of the two 1,059
political parties casting the highest number of votes in such 1,060
county for its respective candidate for governor at the most 1,061
recent gubernatorial election. Notwithstanding any other 1,063
provision of this section, (D) ALL OF THE FOLLOWING APPLY WHEN 1,065
MAKING APPOINTMENTS TO A BOARD OF COUNTY HOSPITAL TRUSTEES: 1,066
(1) EACH MEMBER SHALL BE AN ELECTOR OF THE GEOGRAPHIC AREA 1,068
26
FROM WHICH THE COUNTY HOSPITAL REGULARLY DRAWS ITS PATIENTS, 1,069
EXCEPT THAT no more than two members of the board shall be 1,072
electors of the AN area served by the hospital that is outside 1,075
the county in which the hospital is located. The
(2) NO MORE THAN ONE-HALF OF THE MEMBERS MAY BE 1,077
INDIVIDUALS WHO BELONG TO THE SAME POLITICAL PARTY OR ARE 1,078
INDEPENDENTS.
(3) A PHYSICIAN WHO HAS BEEN AUTHORIZED TO PRACTICE IN THE 1,081
COUNTY HOSPITAL MAY BE APPOINTED TO SERVE AS A MEMBER. A
PHYSICIAN MEMBER SHALL NOT PARTICIPATE IN ANY ACTIVITY THAT MAY 1,082
REQUIRE BOARD INVOLVEMENT IN DETERMINING WHETHER A PHYSICIAN WILL 1,083
BE GRANTED AUTHORITY OR WILL CONTINUE TO POSSESS AUTHORITY TO 1,084
PRACTICE IN THE HOSPITAL.
(E) THE persons so selected AS BOARD MEMBERS shall 1,087
forthwith be notified, by mail, of their appointment. The WHEN A 1,089
BOARD IS INITIALLY ESTABLISHED, THE notice shall state a time, 1,090
not more than ten days later AFTER THE NOTICE IS SENT, when such 1,091
board shall meet at the county seat of such county to organize. 1,093
On the date stated, the board shall meet and organize by 1,095
electing one of its number as chairman and such other officers as 1,097
specified in the board's rules. Four members of a six-member 1,098
board constitute a quorum, five members constitute a quorum of an 1,099
eight-member board, and six members constitute a quorum of a 1,100
ten-member board. 1,101
(F) The board of county commissioners, together with the 1,103
probate judge senior in point of service and the judge of the 1,104
court of common pleas senior in point of service, shall fill all 1,105
vacancies that occur in such A board of county hospital trustees 1,106
which result from death, resignation, or removal from office by 1,107
appointment of electors from the area served by the hospital to 1,108
fill the unexpired terms IN THE MANNER PROVIDED FOR ORIGINAL 1,109
APPOINTMENTS. Any trustee appointed under this section may be 1,111
removed from office by the appointing authority for cause 1,112
impairing faithful, efficient, and intelligent administration, or 1,113
27
for conduct unbecoming to such office, after an opportunity is 1,114
given to be heard before the appointing authority upon written 1,115
charges initiated by the appointing authority or board of 1,116
trustees, but no removal shall be made for political reasons, 1,117
INCLUDING A TRUSTEE'S CHANGE OF POLITICAL AFFILIATION DURING THE 1,118
TERM FOR WHICH THE TRUSTEE WAS APPOINTED.
(G) Such THE board of county hospital trustees shall hold 1,120
meetings at least once a month, shall adopt necessary rules of 1,121
procedure, and shall keep a record of its proceedings and. EACH 1,123
BOARD SHALL ORGANIZE BY ELECTING ONE OF ITS MEMBERS AS
CHAIRPERSON AND SUCH OTHER OFFICERS AS SPECIFIED IN ITS RULES. A 1,124
QUORUM IS NECESSARY FOR THE BOARD TO TRANSACT BUSINESS. FOUR 1,125
MEMBERS CONSTITUTE A QUORUM OF A SIX-MEMBER BOARD, FIVE MEMBERS 1,126
CONSTITUTE A QUORUM OF AN EIGHT-MEMBER BOARD, AND SIX MEMBERS 1,127
CONSTITUTE A QUORUM OF A TEN-MEMBER BOARD.
(H) THE BOARD OF COUNTY HOSPITAL TRUSTEES SHALL MAINTAIN a 1,129
strict account of all its receipts, disbursements, and 1,130
expenditures; and upon. ON completion of the construction and 1,132
equipping of a hospital such, THE board shall file such account 1,134
with the board of county commissioners and make final settlement 1,135
with such board for the construction and equipping of the 1,136
hospital.
Sec. 339.03. The board of county hospital trustees shall 1,145
have complete charge of the selection and purchase or lease of a 1,146
site or sites for a county hospital, taking title or leasehold 1,147
interest to such site or sites in the name of the county, the 1,148
selection of plans and specifications, the determination and 1,149
erection of all necessary buildings on such site or sites, and of 1,150
the selection and installation of all necessary and proper 1,151
furniture, fixtures, and equipment. The board of county hospital 1,152
trustees may make capital improvements, including the purchase of 1,153
equipment, and may finance such improvements through hospital 1,154
revenues or other hospital funds. The board may issue revenue 1,155
obligations, pursuant to section 140.06 or 339.15 of the Revised 1,156
28
Code, or revenue bonds pursuant to section 133.08 of the Revised 1,157
Code. 1,158
A board of county hospital trustees may construct an 1,160
addition to the county hospital, acquire an existing structure 1,161
for the purpose of leasing office space to local physicians, or 1,162
lease real property to any person to construct facilities for 1,163
providing medical services other than inpatient hospital services 1,164
if the board of county hospital trustees determines that such 1,165
purpose is reasonably related to the proper operation of the 1,166
county hospital. 1,167
The trustees shall serve without compensation, but shall be 1,169
allowed their necessary and reasonable expenses incurred in the 1,170
performance of their duties, including the cost of their 1,171
participation in such continuing education programs or 1,172
developmental programs as the trustees consider necessary. Such 1,173
expenses shall be paid out of the funds provided for such 1,174
hospital. The board of county hospital trustees may employ such 1,175
help as is necessary to perform its clerical work, superintend 1,176
properly the construction of such hospital, and pay the expenses 1,177
thereof, including the salary and benefits of the administrator 1,178
as provided in section 339.06 of the Revised Code, out of the 1,179
funds provided for such hospital. 1,180
The board of county hospital trustees may employ RETAIN 1,182
counsel and institute legal action in its own name for the 1,183
collection of delinquent accounts. The board may also employ any 1,184
other lawful means for the collection of delinquent accounts. 1,185
Each trustee shall be bonded for the proper performance of 1,187
his duties, in such sum as the board of county commissioners 1,189
requires, with sureties to its approval. The expense of so 1,190
bonding each trustee shall be paid from hospital operating funds. 1,191
Sec. 339.06. (A) The board of county hospital trustees 1,200
shall, upon completion of construction or leasing and equipping 1,201
of the A county hospital, SHALL assume and continue the operation 1,203
of such THE hospital. The board shall have the entire management 1,204
29
and control of the hospital, and shall establish such rules for 1,205
its government and the admission of persons as are expedient. 1,206
The board has control of the property of the hospital, 1,208
including management and disposal of surplus property other than 1,209
real estate or an interest in real estate, and has control of all 1,210
funds used in the hospital's operation. The administrator or his 1,211
designee shall deposit all, INCLUDING moneys received from the 1,213
operation of the hospital or, MONEYS appropriated for its 1,214
operation by the board of county commissioners, or AND MONEYS 1,216
resulting from special levies submitted by the board of county 1,218
commissioners as provided for in section 5705.22 of the Revised 1,219
Code, to the hospital's credit in banks or trust companies 1,220
designated by the board of county hospital trustees, which fund 1,221
shall be known as the hospital operating fund. The administrator 1,222
or his designee may deposit funds not needed for immediate 1,224
expenses in interest-bearing or noninterest-bearing accounts or 1,225
United States government obligations. Such banks or trust 1,226
companies shall furnish security for all such deposits, whether 1,227
interest bearing or noninterest bearing, except that no such 1,228
security is required for United States government obligations, 1,229
notwithstanding sections 135.01 to 135.21 of the Revised Code. 1,230
ALL OR PART OF THE MONEYS DETERMINED NOT TO BE NECESSARY TO MEET 1,231
CURRENT DEMANDS ON THE HOSPITAL MAY BE INVESTED BY THE BOARD OF 1,232
HOSPITAL TRUSTEES, SUBJECT TO THE APPROVAL OF THE BOARD'S 1,233
INVESTMENT STRATEGY BY THE BOARD OF COUNTY COMMISSIONERS. 1,234
INVESTMENT STRATEGIES ARE LIMITED TO EITHER OR BOTH OF THE
FOLLOWING: 1,235
(1) INVESTING IN SECURITIES THAT HAVE BEEN RANKED BY TWO 1,237
NATIONALLY RECOGNIZED RATING AGENCIES IN THEIR HIGHEST RATING 1,238
CATEGORY;
(2) ENTERING INTO BUSINESS VENTURES WITH OTHER ENTITIES 1,240
FOR THE PURPOSE OF MAKING HEALTH SERVICES AVAILABLE TO THE 1,241
COMMUNITY.
(B) Annually by the first day of November, the board of 1,243
30
county hospital trustees shall submit its proposed budget for the 1,244
ensuing fiscal year to the board of county commissioners for 1,245
approval, and the board of county commissioners shall approve a 1,246
budget for the county hospital by the first day of December. If 1,247
the taxes collected pursuant to any tax levied under section 1,248
5705.22 of the Revised Code, or the amount appropriated to the 1,249
county hospital by the commissioners in the annual appropriation 1,250
measure for the county for the ensuing fiscal year differ from 1,251
the amount shown in the approved budget, the board of county 1,252
commissioners may require the board of county hospital trustees 1,253
to revise the hospital budget accordingly. The board of trustees 1,254
shall not expend such funds until its budget for that calendar 1,255
year is submitted to and approved by the board of county 1,256
commissioners. Thereafter such funds may be disbursed by the 1,257
board of county hospital trustees, consistent with the approved 1,258
budget, for the uses and purposes of such hospital,; for the 1,259
replacement of necessary equipment, or; for the acquiring of 1,261
ACQUISITION, leasing, or construction of permanent improvements 1,262
to county hospital property,; OR FOR MAKING A DONATION AUTHORIZED 1,263
BY DIVISION (C) OF THIS SECTION. EACH DISBURSEMENT OF FUNDS 1,264
SHALL BE MADE on a voucher signed by signatories designated and 1,266
approved by the board of county hospital trustees.
(C) The head of a board of county hospital trustees is not 1,268
required to file an estimate of contemplated revenue and 1,269
expenditures for the ensuing fiscal year under section 5705.28 of 1,270
the Revised Code unless the board of county commissioners levies 1,271
a tax for the county hospital, or such a tax is proposed, or the 1,272
board of county hospital trustees desires that the board of 1,273
county commissioners make an appropriation to the county hospital 1,274
for the ensuing fiscal year. 1,275
(D) All moneys appropriated by the board of county 1,277
commissioners or from special levies by the board of county 1,278
commissioners for the operation of the hospital, when collected 1,279
shall be paid to the board of county hospital trustees on a 1,280
31
warrant of the county auditor and approved by the board of county 1,281
commissioners. The board of hospital trustees shall file an 1,282
annual report of revenues and expenditures for the fiscal year 1,283
with the board of county commissioners within ninety days after 1,284
the fiscal year's end. 1,285
(E)(C) FOR THE PUBLIC PURPOSE OF IMPROVING THE HEALTH, 1,287
SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE BOARD OF 1,288
HOSPITAL TRUSTEES MAY DONATE TO A NONPROFIT ENTITY ANY OF THE 1,289
FOLLOWING:
(1) MONEYS AND OTHER FINANCIAL ASSETS DETERMINED NOT TO BE 1,291
NECESSARY TO MEET CURRENT DEMANDS ON THE HOSPITAL; 1,293
(2) SURPLUS HOSPITAL PROPERTY, INCLUDING SUPPLIES, 1,295
EQUIPMENT, OFFICE FACILITIES, AND OTHER PROPERTY THAT IS NOT REAL 1,296
ESTATE OR AN INTEREST IN REAL ESTATE; 1,297
(3) SERVICES RENDERED BY THE HOSPITAL. 1,299
(D)(1) For purposes of this division: 1,301
(a) "Bank" has the same meaning as in section 1101.01 of 1,303
the Revised Code. 1,304
(b) "Savings and loan association" has the same meaning as 1,306
in section 1151.01 of the Revised Code. 1,307
(c) "Savings bank" has the same meaning as in section 1,309
1161.01 of the Revised Code. 1,310
(2) The board of county hospital trustees may enter into a 1,312
contract for a secured line of credit with a bank, savings and 1,313
loan association, or savings bank if the contract meets all of 1,314
the following requirements: 1,315
(a) The term of the contract does not exceed one hundred 1,317
eighty days. 1,318
(b) The board's secured line of credit does not exceed 1,320
five hundred thousand dollars. 1,321
(c) The contract provides that any amount extended must be 1,323
repaid in full before any additional credit can be extended. 1,324
(d) The contract provides that the bank, savings and loan 1,326
association, or savings bank shall not commence a civil action 1,327
32
against the board of county commissioners, any member of the 1,328
board, or the county to recover the principal, interest, or any 1,329
charges or other amounts that remain outstanding on the secured 1,330
line of credit at the time of any default by the board of county 1,331
hospital trustees. 1,332
(e) The contract provides that no assets other than those 1,334
of the hospital can be used to secure the line of credit. 1,335
(f) The terms and conditions of the contract comply with 1,337
all state and federal statutes and rules governing the extension 1,338
of a secured line of credit. 1,339
(3) Any obligation incurred by a board of county hospital 1,341
trustees under this division is an obligation of that board only 1,342
and not a general obligation of the board of county commissioners 1,343
or the county within the meaning of division (Q) of section 1,344
133.01 of the Revised Code. 1,345
(4) No board of county hospital trustees shall at any time 1,347
have more than one secured line of credit under this section. 1,348
(F) The board of county hospital trustees shall employ an 1,350
administrator, whose title, salary, and other benefits shall be 1,351
determined by the trustees. The administrator may be removed by 1,352
the board whenever the board determines it to be in the best 1,353
interests of the hospital. The administrator or his designee 1,355
shall employ, contract with, or grant privileges to, such 1,356
physicians, nurses, and other employees as are necessary for the 1,358
proper care, control, and management of the county hospital and 1,359
its patients. The board shall adopt the wage and salary schedule 1,360
for the county hospital. Such physicians, nurses, and other 1,361
employees may be suspended or removed by the administrator or his 1,362
designee at any time when the welfare of such institution 1,364
warrants suspension or removal. Such physicians, nurses, and 1,365
other employees, if employed, shall be in the unclassified civil 1,367
service, pursuant to section 124.11 of the Revised Code. The 1,368
administrator and such other employees as the board considers 1,369
necessary shall be bonded in amounts established by the board, 1,370
33
the expense of which shall be paid out of hospital operating 1,371
funds.
(G)(E) The board shall establish a schedule of charges for 1,373
all services and treatment rendered by the county hospital. It 1,374
may provide for the free treatment in such hospital of soldiers, 1,375
sailors, and marines of the county, under such conditions and 1,376
rules as it prescribes. 1,377
(H)(F) The board may designate the amounts and forms of 1,379
insurance protection to be provided, and the board of county 1,380
commissioners shall assist in obtaining such protection. The 1,381
expense of providing the protection shall be paid from hospital 1,382
operating funds. 1,383
(I)(G) The board of county hospital trustees may authorize 1,385
a county hospital and each of its units, hospital board members, 1,386
designated hospital employees, and medical staff members to be a 1,387
member of and maintain membership in any local, state, or 1,388
national group or association organized and operated for the 1,389
promotion of the public health and welfare or advancement of the 1,390
efficiency of hospital administration and in connection therewith 1,391
to use tax funds for the payment of dues and fees and related 1,392
expenses but nothing in this section prohibits the board from 1,393
using receipts from hospital operation, other than tax funds, for 1,394
the payment of such dues and fees. 1,395
(J)(H) THE FOLLOWING APPLY TO THE BOARD OF COUNTY HOSPITAL 1,398
TRUSTEES, ITS EMPLOYEES, AND THE EMPLOYEES OF THE COUNTY 1,399
HOSPITAL: 1,400
(1) THE BOARD SHALL ADOPT THE WAGE AND SALARY SCHEDULE FOR 1,402
EMPLOYEES. 1,403
(2) THE BOARD MAY EMPLOY THE HOSPITAL'S ADMINISTRATOR 1,405
PURSUANT TO SECTION 339.07 OF THE REVISED CODE, AND THE 1,407
ADMINISTRATOR MAY EMPLOY INDIVIDUALS FOR THE HOSPITAL IN
ACCORDANCE WITH THAT SECTION. 1,408
(3) THE BOARD MAY EMPLOY ASSISTANTS AS NECESSARY TO 1,410
PERFORM ITS CLERICAL WORK, SUPERINTEND PROPERLY THE CONSTRUCTION 1,411
34
OF THE COUNTY HOSPITAL, AND PAY THE HOSPITAL'S EXPENSES. SUCH 1,412
EMPLOYEES MAY BE PAID FROM FUNDS PROVIDED FOR THE COUNTY 1,413
HOSPITAL. 1,414
(4) The board may hire, by contract or as salaried 1,416
employees, such management consultants, accountants, attorneys, 1,417
engineers, architects, construction managers, and other 1,418
professional advisors as it determines are necessary and 1,419
desirable to assist in the management of the programs and 1,420
operation of the county hospital. Such professional advisors may 1,421
be paid from county hospital operating funds. 1,422
(K)(5) Notwithstanding section 325.19 of the Revised Code, 1,424
the board of county hospital trustees may grant to its employees 1,425
any fringe benefits the board determines to be customary and 1,426
usual in the nonprofit hospital field in its community, 1,427
including, but not limited to: 1,428
(1)(a) Additional vacation leave with full pay for 1,430
full-time employees, including full-time hourly rate employees, 1,431
after service of one year; 1,432
(2)(b) Vacation leave and holiday pay for part-time 1,434
employees on a pro rata basis; 1,435
(3)(c) Leave with full pay due to death in the employee's 1,437
immediate family, which shall not be deducted from the employee's 1,438
accumulated sick leave; 1,439
(4)(d) Premium pay for working on holidays listed in 1,441
section 325.19 of the Revised Code; 1,442
(5)(e) Moving expenses for new employees; 1,444
(6)(f) Discounts on hospital supplies and services. 1,446
In addition to (6) THE BOARD MAY PROVIDE HOLIDAY LEAVE BY 1,448
OBSERVING MARTIN LUTHER KING DAY, WASHINGTON-LINCOLN DAY, 1,451
COLUMBUS DAY, AND VETERANS' DAY ON DAYS OTHER THAN THOSE 1,452
SPECIFIED IN SECTION 1.14 OF THE REVISED CODE. 1,453
(7) THE BOARD MAY GRANT TO EMPLOYEES the insurance 1,456
benefits authorized by section 339.16 of the Revised Code and 1,457
notwithstanding.
35
(8) NOTWITHSTANDING section 325.19 of the Revised Code, 1,460
the board may grant to employees, including hourly rate 1,461
employees, such personal holidays as the board determines to be 1,462
customary and usual in the hospital field in its community. 1,463
(9) The board of county hospital trustees may provide 1,465
employee recognition awards and hold employee recognition 1,466
dinners.
(10) THE BOARD MAY GRANT TO EMPLOYEES THE RECRUITMENT AND 1,468
RETENTION BENEFITS SPECIFIED UNDER DIVISION (I) OF THIS SECTION. 1,469
(I) Notwithstanding sections 325.191 and 325.20 of the 1,471
Revised Code, the board of county hospital trustees may provide, 1,472
without the prior authorization of the board of county 1,473
commissioners, scholarships for education in the health care 1,474
professions, tuition reimbursement, and other staff development 1,475
programs to enhance the skills of health care professionals for 1,476
the purpose of recruiting or retaining qualified employees. 1,477
The board of county hospital trustees may pay reasonable 1,479
expenses for recruiting or retaining physicians and other 1,480
appropriate health care practitioners. 1,481
Sec. 339.07. (A) The BOARD OF COUNTY HOSPITAL TRUSTEES 1,491
SHALL PROVIDE FOR THE ADMINISTRATION OF THE COUNTY HOSPITAL BY 1,492
DIRECTLY EMPLOYING A HOSPITAL ADMINISTRATOR OR BY ENTERING INTO A 1,493
CONTRACT FOR THE MANAGEMENT OF THE HOSPITAL UNDER WHICH AN 1,494
ADMINISTRATOR IS PROVIDED. WHEN AN ADMINISTRATOR IS EMPLOYED 1,495
DIRECTLY, THE BOARD SHALL ADOPT A JOB DESCRIPTION DELINEATING THE 1,496
ADMINISTRATOR'S POWERS AND DUTIES AND THE BOARD MAY PAY THE 1,497
ADMINISTRATOR'S SALARY AND OTHER BENEFITS FROM FUNDS PROVIDED FOR 1,498
THE HOSPITAL.
(B) DURING THE CONSTRUCTION AND EQUIPPING OF THE HOSPITAL, 1,500
THE administrator of a county hospital shall act in an advisory 1,502
capacity to the board of county hospital trustees during the 1,503
construction and equipping of the county hospital, and after. 1,504
AFTER the hospital is completed he, THE ADMINISTRATOR shall serve 1,506
as the chief executive officer and shall carry out the 1,507
36
administration of the county hospital according to the policies 1,508
set forth by the board charged with the operation of such 1,509
hospital. The board shall adopt a job description delineating 1,510
the powers and duties of the administrator. 1,511
The administrator shall administer the county hospital, 1,513
make reports, and take any other action that he THE ADMINISTRATOR 1,515
determines is necessary for the operation of the hospital. 1,516
At the end of each fiscal year, the administrator shall 1,518
submit to the board a complete financial statement showing the 1,519
receipts, revenues, and expenditures in detail for the entire 1,520
fiscal year. 1,521
THE ADMINISTRATOR SHALL ENSURE THAT THE HOSPITAL HAS SUCH 1,523
PHYSICIANS, NURSES, AND OTHER EMPLOYEES AS ARE NECESSARY FOR THE 1,524
PROPER CARE, CONTROL, AND MANAGEMENT OF THE COUNTY HOSPITAL AND 1,525
ITS PATIENTS. THE PHYSICIANS, NURSES, AND OTHER EMPLOYEES MAY BE 1,526
SUSPENDED OR REMOVED BY THE ADMINISTRATOR AT ANY TIME THE WELFARE 1,527
OF THE HOSPITAL WARRANTS SUSPENSION OR REMOVAL. THE
ADMINISTRATOR MAY OBTAIN PHYSICIANS, NURSES, AND OTHER EMPLOYEES 1,528
BY DIRECT EMPLOYMENT, ENTERING INTO CONTRACTS, OR GRANTING 1,529
AUTHORITY TO PRACTICE IN THE HOSPITAL. PERSONS EMPLOYED DIRECTLY 1,530
SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE, PURSUANT TO SECTION 1,531
124.11 OF THE REVISED CODE.
Sec. 4115.04. (A) Every public authority authorized to 1,540
contract for or construct with its own forces a public 1,541
improvement, before advertising for bids or undertaking such 1,542
construction with its own forces, shall have the bureau of 1,543
employment services determine the prevailing rates of wages of 1,544
mechanics and laborers in accordance with section 4115.05 of the 1,545
Revised Code for the class of work called for by the public 1,546
improvement, in the locality where the work is to be performed. 1,547
Such schedule of wages shall be attached to and made part of the 1,548
specifications for the work, and shall be printed on the bidding 1,549
blanks where the work is done by contract. A copy of the bidding 1,550
blank shall be filed with the bureau before such contract is 1,551
37
awarded. A minimum rate of wages for common laborers, on work 1,553
coming under the jurisdiction of the department of 1,554
transportation, shall be fixed in each county of the state by 1,555
said department of transportation, in accordance with section 1,556
4115.05 of the Revised Code.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not 1,558
apply to:
(A)(1) Public improvements in any case where the federal 1,560
government or any of its agencies furnishes by loan or grant all 1,563
or any part of the funds used in constructing such improvements, 1,564
provided the federal government or any of its agencies prescribes 1,565
predetermined minimum wages to be paid to mechanics and laborers 1,566
employed in the construction of such improvements; 1,567
(B)(2) A participant in a work activity, developmental 1,570
activity, or an alternative work activity under sections 5107.40 1,572
to 5107.69 of the Revised Code when a public authority directly 1,573
uses the labor of the participant to construct a public
improvement if the participant is not engaged in paid employment 1,575
or subsidized employment pursuant to the activity; 1,576
(C)(3) Public improvements undertaken by, or under 1,578
contract for, the board of education of any school district or 1,580
the governing board of any educational service center; 1,581
(4) PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT 1,583
FOR, A COUNTY HOSPITAL OPERATED PURSUANT TO CHAPTER 339. OF THE 1,584
REVISED CODE IF THE FUNDS USED IN CONSTRUCTING THE IMPROVEMENTS, 1,585
INCLUDING FUNDS USED TO REPAY ANY AMOUNTS BORROWED TO CONSTRUCT 1,586
THE IMPROVEMENTS, ARE NOT FUNDS THAT HAVE BEEN APPROPRIATED BY 1,587
THE BOARD OF COUNTY COMMISSIONERS FOR THE HOSPITAL.
Section 2. That existing sections 121.22, 133.07, 149.43, 1,589
325.19, 339.01, 339.02, 339.03, 339.06, 339.07, and 4115.04 of 1,591
the Revised Code are hereby repealed.
Section 3. Section 133.07 of the Revised Code is presented 1,593
in this act as a composite of the section as amended by both Am. 1,595
Sub. H.B. 627 and Am. S.B. 61 of the 121st General Assembly, with
38
the new language of neither of the acts shown in capital letters. 1,597
This is in recognition of the principle stated in division (B) of 1,598
section 1.52 of the Revised Code that such amendments are to be 1,599
harmonized where not substantively irreconcilable and constitutes 1,600
a legislative finding that such is the resulting version in 1,601
effect prior to the effective date of this act. 1,602