As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 55 5
1999-2000 6
SENATORS WHITE-SCHAFRATH-SPADA-GARDNER-MUMPER-KEARNS-WACHTMANN 8
_________________________________________________________________ 10
A B I L L
To amend sections 121.22, 133.07, 149.43, 325.19, 12
339.01, 339.03, 339.06, 339.07, and 4115.04 of 13
the Revised Code to make changes regarding the 14
authority of boards of county hospital trustees. 15
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, 339.03, 339.06, 339.07, and 4115.04 of the Revised Code 20
be amended to read as follows:
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
organized wholly for the purpose of providing a water supply for 51
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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
when its hearings are conducted at a correctional institution for 92
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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
reject the application, as well as all proceedings of the
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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
executive session for the discipline of an elected official for 180
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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
or bargaining sessions with public employees concerning their 221
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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)(7) of this 237
section, the motion and vote to hold that executive session shall 239
state which one or more of the approved matters listed in those 240
divisions are to be considered at the executive session. 241
A public body specified in division (B)(1)(c) of this 244
section shall not hold an executive session when meeting for the
purposes specified in that division. 245
(H) A resolution, rule, or formal action of any kind is 247
invalid unless adopted in an open meeting of the public body. A 248
resolution, rule, or formal action adopted in an open meeting 249
that results from deliberations in a meeting not open to the 250
public is invalid unless the deliberations were for a purpose 251
specifically authorized in division (G) or (J) of this section 252
and conducted at an executive session held in compliance with 253
this section. A resolution, rule, or formal action adopted in an 254
open meeting is invalid if the public body that adopted the 255
resolution, rule, or formal action violated division (F) of this 256
section. 257
(I)(1) Any person may bring an action to enforce this 259
section. An action under division (I)(1) of this section shall 261
be brought within two years after the date of the alleged 262
violation or threatened violation. Upon proof of a violation or 263
threatened violation of this section in an action brought by any 264
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person, the court of common pleas shall issue an injunction to 265
compel the members of the public body to comply with its 266
provisions. 267
(2)(a) If the court of common pleas issues an injunction 269
pursuant to division (I)(1) of this section, the court shall 270
order the public body that it enjoins to pay a civil forfeiture 271
of five hundred dollars to the party that sought the injunction 272
and shall award to that party all court costs and, subject to 273
reduction as described in division (I)(2) of this section, 275
reasonable attorney's fees. The court, in its discretion, may 276
reduce an award of attorney's fees to the party that sought the 277
injunction or not award attorney's fees to that party if the 278
court determines both of the following: 279
(i) That, based on the ordinary application of statutory 281
law and case law as it existed at the time of violation or 282
threatened violation that was the basis of the injunction, a 283
well-informed public body reasonably would believe that the 284
public body was not violating or threatening to violate this 285
section; 286
(ii) That a well-informed public body reasonably would 288
believe that the conduct or threatened conduct that was the basis 289
of the injunction would serve the public policy that underlies 290
the authority that is asserted as permitting that conduct or 291
threatened conduct. 292
(b) If the court of common pleas does not issue an 294
injunction pursuant to division (I)(1) of this section and the 295
court determines at that time that the bringing of the action was 296
frivolous conduct, as defined in division (A) of section 2323.51 297
of the Revised Code, the court shall award to the public body all 298
court costs and reasonable attorney's fees, as determined by the 299
court. 300
(3) Irreparable harm and prejudice to the party that 302
sought the injunction shall be conclusively and irrebuttably 303
presumed upon proof of a violation or threatened violation of 304
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this section. 305
(4) A member of a public body who knowingly violates an 307
injunction issued pursuant to division (I)(1) of this section may 308
be removed from office by an action brought in the court of 309
common pleas for that purpose by the prosecuting attorney or the 310
attorney general. 311
(J)(1) Pursuant to division (C) of section 5901.09 of the 313
Revised Code, a veterans service commission shall hold an 314
executive session for one or more of the following purposes 315
unless an applicant requests a public hearing: 316
(a) Interviewing an applicant for financial assistance 318
under sections 5901.01 to 5901.15 of the Revised Code; 319
(b) Discussing applications, statements, and other 321
documents described in division (B) of section 5901.09 of the 322
Revised Code; 323
(c) Reviewing matters relating to an applicant's request 325
for financial assistance under sections 5901.01 to 5901.15 of the 326
Revised Code.
(2) A veterans service commission shall not exclude an 328
applicant for, recipient of, or former recipient of financial 329
assistance under sections 5901.01 to 5901.15 of the Revised Code, 330
and shall not exclude representatives selected by the applicant, 332
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 333
applicant's, recipient's, or former recipient's application for 334
financial assistance.
(3) A veterans service commission shall vote on the grant 336
or denial of financial assistance under sections 5901.01 to 337
5901.15 of the Revised Code only in an open meeting of the 339
commission. The minutes of the meeting shall indicate the name, 340
address, and occupation of the applicant, whether the assistance 341
was granted or denied, the amount of the assistance if assistance 342
is granted, and the votes for and against the granting of 343
assistance.
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Sec. 133.07. (A) A county shall not incur, without a vote 354
of the electors, either of the following: 355
(1) Net indebtedness for all purposes that exceeds an 357
amount equal to one per cent of its tax valuation; 358
(2) Net indebtedness for the purpose of paying the 360
county's share of the cost of the construction, improvement, 361
maintenance, or repair of state highways that exceeds an amount 362
equal to one-half of one per cent of its tax valuation. 363
(B) A county shall not incur total net indebtedness that 365
exceeds an amount equal to one of the following limitations that 367
applies to the county:
(1) A county with a valuation not exceeding one hundred 369
million dollars, three per cent of that tax valuation; 370
(2) A county with a tax valuation exceeding one hundred 372
million dollars but not exceeding three hundred million dollars, 373
three million dollars plus one and one-half per cent of that tax 374
valuation in excess of one hundred million dollars; 375
(3) A county with a tax valuation exceeding three hundred 377
million dollars, six million dollars plus two and one-half per 378
cent of that tax valuation in excess of three hundred million 379
dollars. 380
(C) In calculating the net indebtedness of a county, none 382
of the following securities shall be considered: 383
(1) Securities described in section 307.201 of the Revised 385
Code; 386
(2) Self-supporting securities issued for any purposes, 388
including, but not limited to, any of the following general 389
purposes: 390
(a) Water systems or facilities; 392
(b) Sanitary sewerage systems or facilities, or surface 394
and storm water drainage and sewerage systems or facilities, or a 395
combination of those systems or facilities; 396
(c) County or joint county scrap tire collection, storage, 398
monocell, monofill, or recovery facilities, or any combination of 399
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those facilities; 400
(d) Off-street parking lots, facilities, or buildings, or 402
on-street parking facilities, or any combination of off-street 403
and on-street parking facilities; 404
(e) Facilities for the care or treatment of the sick or 406
infirm, and for housing the persons providing that care or 407
treatment and their families; 408
(f) Recreational, sports, convention, auditorium, museum, 410
trade show, and other public attraction facilities; 411
(g) Facilities for natural resources exploration, 413
development, recovery, use, and sale; 414
(h) Correctional and detention facilities and related 416
rehabilitation facilities. 417
(3) Securities issued for the purpose of purchasing, 419
constructing, improving, or extending water or sanitary or 420
surface and storm water sewerage systems or facilities, or a 421
combination of those systems or facilities, to the extent that an 422
agreement entered into with another subdivision requires the 423
other subdivision to pay to the county amounts equivalent to debt 424
charges on the securities; 425
(4) Voted general obligation securities issued for the 427
purpose of permanent improvements for sanitary sewerage or water 428
systems or facilities to the extent that the total principal 429
amount of voted securities outstanding for the purpose does not 430
exceed an amount equal to two per cent of the county's tax 431
valuation; 432
(5) Securities issued for permanent improvements to house 434
agencies, departments, boards, or commissions of the county or of 435
any municipal corporation located, in whole or in part, in the 436
county, to the extent that the revenues, other than revenues from 437
unvoted county property taxes, derived from leases or other 438
agreements between the county and those agencies, departments, 439
boards, commissions, or municipal corporations relating to the 440
use of the permanent improvements are sufficient to cover the 441
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cost of all operating expenses of the permanent improvements paid 442
by the county and debt charges on the securities; 443
(6) Securities issued pursuant to section 133.08 of the 445
Revised Code; 446
(7) Securities issued for the purpose of acquiring or 448
constructing roads, highways, bridges, or viaducts, for the 449
purpose of acquiring or making other highway permanent 450
improvements, or for the purpose of procuring and maintaining 451
computer systems for the office of the clerk of any 452
county-operated municipal court, for the office of the clerk of 453
the court of common pleas, or for the office of the clerk of the 454
probate, juvenile, or domestic relations division of the court of 455
common pleas to the extent that the legislation authorizing the 456
issuance of the securities includes a covenant to appropriate 457
from moneys distributed to the county pursuant to division (B) of 458
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 459
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 460
sufficient amount to cover debt charges on and financing costs 461
relating to the securities as they become due; 462
(8) Securities issued for the purpose of acquiring, 464
constructing, improving, and equipping a county, multicounty, or 465
multicounty-municipal jail, workhouse, juvenile detention 466
facility, or correctional facility; 467
(9) Securities issued for the acquisition, construction, 469
equipping, or repair of any permanent improvement or any class or 470
group of permanent improvements enumerated in a resolution 471
adopted pursuant to division (D) of section 5739.026 of the 472
Revised Code to the extent that the legislation authorizing the 473
issuance of the securities includes a covenant to appropriate 474
from moneys received from the taxes authorized under section 475
5739.023 and division (A)(5) of section 5739.026 of the Revised 476
Code an amount sufficient to pay debt charges on the securities 477
and those moneys shall be pledged for that purpose; 478
(10) Securities issued for county or joint county solid 480
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waste or hazardous waste collection, transfer, or disposal 481
facilities, or resource recovery and solid or hazardous waste 482
recycling facilities, or any combination of those facilities; 483
(11) Securities issued for the acquisition, construction, 485
and equipping of a port authority educational and cultural 486
facility under section 307.671 of the Revised Code; 487
(12) Securities issued for the acquisition, construction, 489
equipping, and improving of a municipal educational and cultural 490
facility under division (B)(1) of section 307.672 of the Revised 491
Code; 492
(13) Securities issued for energy conservation measures 494
under section 307.041 of the Revised Code; 495
(14) Securities issued for the acquisition, construction, 497
equipping, improving, or repair of a sports facility, including 498
obligations issued to pay costs of a sports facility under 499
section 307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised 501
Code if the legislation authorizing issuance of the securities 502
includes a covenant to appropriate from revenue received from a 503
tax authorized under division (A)(5) of section 5739.026 and 504
section 5741.023 of the Revised Code an amount sufficient to pay 505
debt charges on the securities, and the board of county 506
commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code; 507
(16) Sales tax supported bonds issued pursuant to section 509
133.081 of the Revised Code for the purpose of acquiring, 511
constructing, improving, or equipping any permanent improvement 512
to the extent that the legislation authorizing the issuance of 513
the sales tax supported bonds pledges county sales taxes to the 514
payment of debt charges on the sales tax supported bonds and 515
contains a covenant to appropriate from county sales taxes a 516
sufficient amount to cover debt charges or the financing costs 517
related to the sales tax supported bonds as they become due. 518
(17) Bonds or notes issued under section 133.60 of the 520
13
Revised Code if the legislation authorizing issuance of the bonds 522
or notes includes a covenant to appropriate from revenue received
from a tax authorized under division (A)(9) of section 5739.026 523
and section 5741.023 of the Revised Code an amount sufficient to 524
pay the debt charges on the bonds or notes, and the board of 525
county commissioners pledges that revenue for that purpose. 526
(17)(18) Securities issued under section 3707.55 of the 528
Revised Code for the acquisition of real property by a general 529
health district. 530
(D) In calculating the net indebtedness of a county, no 532
obligation incurred under division (E)(D) of section 339.06 of 533
the Revised Code shall be considered. 535
Sec. 149.43. (A) As used in this section: 544
(1) "Public record" means any record that is kept by any 546
public office, including, but not limited to, state, county, 547
city, village, township, and school district units, except that 549
"public record" does not mean any of the following:
(a) Medical records; 551
(b) Records pertaining to probation and parole 553
proceedings;
(c) Records pertaining to actions under section 2151.85 555
and division (C) of section 2919.121 of the Revised Code and to 557
appeals of actions arising under those sections; 558
(d) Records pertaining to adoption proceedings, including 560
the contents of an adoption file maintained by the department of 561
health under section 3705.12 of the Revised Code; 562
(e) Information in a record contained in the putative 564
father registry established by section 3107.062 of the Revised 565
Code, regardless of whether the information is held by the 566
department of human services or, pursuant to section 5101.313 of 567
the Revised Code, the division of child support in the department 568
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 570
the Revised Code or specified in division (A) of section 3107.52 571
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of the Revised Code;
(g) Trial preparation records; 573
(h) Confidential law enforcement investigatory records; 575
(i) Records containing information that is confidential 577
under section 2317.023 or 4112.05 of the Revised Code; 578
(j) DNA records stored in the DNA database pursuant to 581
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 583
rehabilitation and correction to the department of youth services 585
or a court of record pursuant to division (E) of section 5120.21 586
of the Revised Code;
(l) Records maintained by the department of youth services 588
pertaining to children in its custody released by the department 589
of youth services to the department of rehabilitation and 590
correction pursuant to section 5139.05 of the Revised Code; 591
(m) Intellectual property records; 593
(n) Donor profile records; 595
(o) Records maintained by the department of human services 597
pursuant to section 5101.312 of the Revised Code; 598
(p) IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO 601
CHAPTER 339. OF THE REVISED CODE, INFORMATION THAT CONSTITUTES A 603
TRADE SECRET, AS DEFINED IN SECTION 1333.61 OF THE REVISED CODE, 604
AND ANY RECORDS HELD BY THE HOSPITAL PERTAINING TO ITS EMPLOYEES; 605
(q) Records the release of which is prohibited by state or 607
federal law. 608
(2) "Confidential law enforcement investigatory record" 610
means any record that pertains to a law enforcement matter of a 611
criminal, quasi-criminal, civil, or administrative nature, but 612
only to the extent that the release of the record would create a 613
high probability of disclosure of any of the following: 614
(a) The identity of a suspect who has not been charged 616
with the offense to which the record pertains, or of an 617
information source or witness to whom confidentiality has been 618
reasonably promised; 619
15
(b) Information provided by an information source or 621
witness to whom confidentiality has been reasonably promised, 622
which information would reasonably tend to disclose the source's 623
or witness's identity; 624
(c) Specific confidential investigatory techniques or 626
procedures or specific investigatory work product; 627
(d) Information that would endanger the life or physical 629
safety of law enforcement personnel, a crime victim, a witness, 630
or a confidential information source. 631
(3) "Medical record" means any document or combination of 633
documents, except births, deaths, and the fact of admission to or 634
discharge from a hospital, that pertains to the medical history, 635
diagnosis, prognosis, or medical condition of a patient and that 636
is generated and maintained in the process of medical treatment. 637
(4) "Trial preparation record" means any record that 639
contains information that is specifically compiled in reasonable 640
anticipation of, or in defense of, a civil or criminal action or 641
proceeding, including the independent thought processes and 642
personal trial preparation of an attorney. 643
(5) "Intellectual property record" means a record, other 646
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 647
higher learning in the conduct of or as a result of study or 648
research on an educational, commercial, scientific, artistic, 649
technical, or scholarly issue, regardless of whether the study or 650
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 652
been publicly released, published, or patented. 653
(6) "Donor profile record" means all records about donors 655
or potential donors to a public institution of higher education 656
except the names and reported addresses of the actual donors and 657
the date, amount, and conditions of the actual donation. 658
(B) All public records shall be promptly prepared and made 660
available for inspection to any person at all reasonable times 661
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during regular business hours. Upon request, a person 662
responsible for public records shall make copies available at 663
cost, within a reasonable period of time. In order to facilitate 664
broader access to public records, governmental units shall 665
maintain public records in a manner that they can be made 666
available for inspection in accordance with this division. 667
(C) If a person allegedly is aggrieved by the failure of a 669
governmental unit to promptly prepare a public record and to make 670
it available to the person for inspection in accordance with 671
division (B) of this section, or if a person who has requested a 673
copy of a public record allegedly is aggrieved by the failure of 674
a person responsible for the public record to make a copy 675
available to the person allegedly aggrieved in accordance with 677
division (B) of this section, the person allegedly aggrieved may 678
commence a mandamus action to obtain a judgment that orders the 679
governmental unit or the person responsible for the public record 680
to comply with division (B) of this section and that awards 681
reasonable attorney's fees to the person that instituted the 682
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 683
section allegedly was not complied with, in the supreme court 684
pursuant to its original jurisdiction under Section 2 of Article 685
IV, Ohio Constitution, or in the court of appeals for the 686
appellate district in which division (B) of this section 687
allegedly was not complied with pursuant to its original 688
jurisdiction under Section 3 of Article IV, Ohio Constitution. 689
(D) Chapter 1347. of the Revised Code does not limit the 691
provisions of this section. 692
(E)(1) The bureau of motor vehicles may adopt rules 694
pursuant to Chapter 119. of the Revised Code to reasonably limit 696
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 697
calendar year. The rules may include provisions for charges to 698
be made for bulk commercial special extraction requests for the 700
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actual cost of the bureau, plus special extraction costs, plus 701
ten per cent. The bureau may charge for expenses for redacting 702
information, the release of which is prohibited by law. 703
(2) As used in division (E)(1) of this section: 705
(a) "Actual cost" means the cost of depleted supplies, 707
records storage media costs, actual mailing and alternative 708
delivery costs, or other transmitting costs, and any direct 709
equipment operating and maintenance costs, including actual costs 710
paid to private contractors for copying services. 711
(b) "Bulk commercial special extraction request" means a 713
request for copies of a record for information in a format other 714
than the format already available, or information that cannot be 715
extracted without examination of all items in a records series, 716
class of records, or data base by a person who intends to use or 717
forward the copies for surveys, marketing, solicitation, or 718
resale for commercial purposes. "Bulk commercial special 719
extraction request" does not include a request by a person who 720
gives assurance to the bureau that the person making the request 721
does not intend to use or forward the requested copies for 722
surveys, marketing, solicitation, or resale for commercial 723
purposes.
(c) "Commercial" means profit-seeking production, buying, 725
or selling of any good, service, or other product. 726
(d) "Special extraction costs" means the cost of the time 728
spent by the lowest paid employee competent to perform the task, 729
the actual amount paid to outside private contractors employed by 730
the bureau, or the actual cost incurred to create computer 731
programs to make the special extraction. "Special extraction 732
costs" include any charges paid to a public agency for computer
or records services. 733
(3) For purposes of divisions (E)(1) and (2) of this 736
section, "commercial surveys, marketing, solicitation, or resale" 737
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 739
18
citizen oversight or understanding of the operation or activities 740
of government, or nonprofit educational research. 741
Sec. 325.19. (A)(1) The granting of vacation leave under 750
division (A)(1) of this section is subject to divisions (A)(2) 751
and (3) of this section. Each full-time employee in the several 752
offices and departments of the county service, including 753
full-time hourly rate employees, after service of one year with 754
the county or any political subdivision of the state, shall have 755
earned and will be due upon the attainment of the first year of 756
employment, and annually thereafter, eighty hours of vacation 757
leave with full pay. One year of service shall be computed on 758
the basis of twenty-six biweekly pay periods. A full-time county 759
employee with eight or more years of service with the county or 760
any political subdivision of the state shall have earned and is 761
entitled to one hundred twenty hours of vacation leave with full 762
pay. A full-time county employee with fifteen or more years of 763
service with the county or any political subdivision of the state 764
shall have earned and is entitled to one hundred sixty hours of 765
vacation leave with full pay. A full-time county employee with 766
twenty-five years of service with the county or any political 767
subdivision of the state shall have earned and is entitled to two 768
hundred hours of vacation leave with full pay. Such vacation 769
leave shall accrue to the employee at the rate of three and 770
one-tenth hours each biweekly period for those entitled to eighty 771
hours per year; four and six-tenths hours each biweekly period 772
for those entitled to one hundred twenty hours per year; six and 773
two-tenths hours each biweekly period for those entitled to one 774
hundred sixty hours per year; and seven and seven-tenths hours 775
each biweekly period for those entitled to two hundred hours per 776
year. 777
(2) Full-time employees granted vacation leave under 779
division (A)(1) of this section who render any standard of 780
service other than forty hours per week as described in division 781
(J) of this section and who are in active pay status in a 782
19
biweekly pay period, shall accrue a number of hours of vacation 783
leave during each such pay period that bears the same ratio to 784
the number of hours specified in division (A)(1) of this section 785
as their number of hours which are accepted as full-time in 786
active pay status, excluding overtime hours, bears to eighty 787
hours. 788
(3) Full-time employees granted vacation leave under 790
division (A)(1) of this section who are in active pay status in a 791
biweekly pay period for less than eighty hours or the number of 792
hours of service otherwise accepted as full-time by their 793
employing office or department shall accrue a number of hours of 794
vacation leave during that pay period that bears the same ratio 795
to the number of hours specified in division (A)(1) of this 796
section as their number of hours in active pay status, excluding 797
overtime hours, bears to eighty or the number of hours of service 798
accepted as full-time, whichever is applicable. 799
(B) A board of county commissioners, by resolution, may 801
grant vacation leave with full pay to part-time county employees. 802
A part-time county employee shall be eligible for vacation leave 803
with full pay upon the attainment of the first year of 804
employment, and annually thereafter. The ratio between the hours 805
worked and the vacation hours awarded to a part-time employee 806
shall be the same as the ratio between the hours worked and the 807
vacation hours earned by a full-time employee as provided for in 808
this section. 809
(C) Days specified as holidays in section 124.19 of the 811
Revised Code shall not be charged to an employee's vacation 812
leave. Vacation leave shall be taken by the employee during the 813
year in which it accrued and prior to the next recurrence of the 814
anniversary date of the employee's employment, provided the 815
appointing authority may, in special and meritorious cases, 816
permit such employee to accumulate and carry over his vacation 817
leave to the following year. No vacation leave shall be carried 818
over for more than three years. An employee is entitled to 819
20
compensation, at the employee's current rate of pay, for the 820
prorated portion of any earned but unused vacation leave for the 821
current year to the employee's credit at time of separation, and 822
in addition shall be compensated for any unused vacation leave 823
accrued to the employee's credit, with the permission of the 824
appointing authority, for the three years immediately preceding
the last anniversary date of employment. 825
(D)(1) In addition to vacation leave, a full-time county 827
employee is entitled to eight hours of holiday pay for New Year's 828
day, Martin Luther King day, Washington-Lincoln day, Memorial 829
day, Independence day, Labor day, Columbus day, Veterans' day, 830
Thanksgiving day, and Christmas day, of each year. Except as 832
provided in division (D)(2) of this section, holidays shall occur 833
on the days specified in section 1.14 of the Revised Code. In 834
the event that any of the aforesaid holidays fall on Saturday, 835
the Friday immediately preceding shall be observed as the 836
holiday. In the event that any of the aforesaid holidays fall on 837
Sunday, the Monday immediately succeeding shall be observed as 838
the holiday. If an employee's work schedule is other than Monday 839
through Friday, the employee is entitled to holiday pay for 840
holidays observed on the employee's day off regardless of the day 841
of the week on which they are observed.
(2)(a) When a classified employee of a county board of 843
mental retardation and developmental disabilities works at a site 844
maintained by a government entity other than the board, such as a 845
public school, the board may adjust the employee's holiday 846
schedule to conform to the schedule adopted by the government 847
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division 848
(D)(1) of this section. 849
(b) PURSUANT TO DIVISION (H)(6) OF SECTION 339.06 OF THE 851
REVISED CODE, A COUNTY HOSPITAL MAY OBSERVE MARTIN LUTHER KING 852
DAY, WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND VETERANS' DAY ON 854
DAYS OTHER THAN THOSE SPECIFIED IN SECTION 1.14 OF THE REVISED 855
21
CODE.
(E) In the case of the death of a county employee, the 857
unused vacation leave and unpaid overtime to the credit of any 858
such employee, shall be paid in accordance with section 2113.04 859
of the Revised Code, or to the employee's estate. 860
(F) Notwithstanding this section or any other section of 862
the Revised Code, any appointing authority of a county office, 863
department, commission, board, or body may, upon notification to 864
the board of county commissioners, establish alternative 865
schedules of vacation leave and holidays for employees of the 866
appointing authority for whom the state employment relations 867
board has not established an appropriate bargaining unit pursuant 868
to section 4117.06 of the Revised Code, provided that the 869
alternative schedules are not inconsistent with the provisions of 870
a collective bargaining agreement covering other employees of 871
that appointing authority. 872
(G) The employees of a county children services board that 874
establishes vacation benefits under section 5153.12 of the 875
Revised Code are exempt from division (A) of this section. 876
(H) The provisions of this section do not apply to 878
superintendents and management employees of county boards of 879
mental retardation and developmental disabilities. 880
(I) Division (A) of this section does not apply to an 882
employee of a county board of mental retardation and 883
developmental disabilities who works at, or provides 884
transportation services to pupils of, a special education program 885
provided by the county board pursuant to division (A)(4) of
section 5126.05 of the Revised Code, if the employee's employment 886
is based on a school year and the employee is not subject to a 887
contract with the county board that provides for division (A) of 888
this section to apply to the employee.
(J) As used in this section: 890
(1) "Full-time employee" means an employee whose regular 892
hours of service for a county total forty hours per week, or who 893
22
renders any other standard of service accepted as full-time by an 894
office, department, or agency of county service. 895
(2) "Part-time employee" means an employee whose regular 897
hours of service for a county total less than forty hours per 898
week, or who renders any other standard of service accepted as 899
part-time by an office, department, or agency of county service, 900
and whose hours of county service total at least five hundred 901
twenty hours annually. 902
(3) "Management employee" has the same meaning as in 904
section 5126.20 of the Revised Code. 905
Sec. 339.01. (A) As used in sections 339.01 to 339.17 of 914
the Revised Code: 915
(1) "Hospital facilities" has the meaning given in section 917
140.01 of the Revised Code. 918
(2) "County hospital" includes all of the county 920
hospital's branches and hospital facilities, wherever located. 921
(3) "Outpatient health facility" means a facility where 923
medical care and preventive, diagnostic, therapeutic, 924
rehabilitative, or palliative items or services are provided to 925
outpatients by or under the direction of a physician or dentist. 926
(B) The A board of county commissioners may purchase, 928
acquire, lease, appropriate, and construct a county hospital or 929
hospital facilities thereof. After a county hospital or hospital 930
facilities have been fully completed and sufficiently equipped 931
for occupancy, any subsequent improvements, enlargements, or 932
rebuilding of any such facility shall be made by the board of 933
county hospital trustees or a hospital commission appointed 934
pursuant to section 339.14 of the Revised Code. 935
(C)(1) A BOARD OF COUNTY COMMISSIONERS, board of county 937
hospital trustees, or a hospital commission may purchase, 939
acquire, lease, appropriate, or construct an outpatient health 940
facility in another county, which TO SERVE AS A BRANCH OF THE 941
COUNTY HOSPITAL. THE OUTPATIENT HEALTH FACILITY may include 943
office space for physicians. The facility shall be a branch of 944
23
the county hospital and shall be operated pursuant to the law 945
that regulates the operation of the county hospital. A board of 946
county hospital trustees or a hospital commission that proposes 947
to establish such a facility shall give written notice to ITS 948
BOARD OF COUNTY COMMISSIONERS AND TO the board of county
commissioners of the county where the facility is to be located. 950
THE BOARD OF COUNTY COMMISSIONERS WHERE THE FACILITY IS TO BE 952
LOCATED, BY RESOLUTION ADOPTED WITHIN FORTY DAYS AFTER RECEIPT OF 953
THE NOTICE, MAY OBJECT TO THE PROPOSED FACILITY. THE RESOLUTION 954
SHALL INCLUDE AN EXPLANATION OF THE OBJECTION AND MAY MAKE ANY 955
RECOMMENDATIONS THE BOARD CONSIDERS NECESSARY. THE BOARD SHALL 956
SEND A COPY OF THE RESOLUTION TO THE BOARD OF COUNTY HOSPITAL 957
TRUSTEES OR THE HOSPITAL COMMISSION AND TO THE BOARD OF COUNTY 958
COMMISSIONERS OF THE COUNTY THAT PROPOSES TO LOCATE THE FACILITY 959
IN THE OTHER COUNTY.
(2) Except as provided in division (C)(3) of this section, 961
the board OF COUNTY HOSPITAL TRUSTEES or THE HOSPITAL commission 962
may establish and operate the facility, unless the board of 964
county commissioners of the county where PROPOSING TO LOCATE the 965
facility is to be located IN THE OTHER COUNTY, not later than 966
sixty TWENTY days after receiving the notice A RESOLUTION OF 968
OBJECTION FROM THE OTHER COUNTY'S BOARD OF COUNTY COMMISSIONERS 969
PURSUANT TO DIVISION (C)(1) OF THIS SECTION, adopts a resolution 970
denying the trustees or commission the right to establish the 971
facility.
(3) If a board of county commissioners provides a subsidy 973
for uncompensated care to a board of county hospital trustees or 974
hospital commission, the board of county hospital trustees or 975
hospital commission may establish and operate the outpatient 976
health facility only if that board of county commissioners 977
approves the establishment of the facility. Even if the board 978
approves the establishment of the facility, it shall not 979
appropriate any funds generated by a tax levied under section 980
5705.191 of the Revised Code to finance the acquisition, 981
24
construction, repair, maintenance, or operation of such a 982
facility located outside the county. 983
(D) A county hospital may be designated as a monument to 985
commemorate the services of the soldiers, sailors, marines, and 986
pioneers of the county. 987
Sec. 339.03. The board of county hospital trustees shall 996
have complete charge of the selection and purchase or lease of a 997
site or sites for a county hospital, taking title or leasehold 998
interest to such site or sites in the name of the county, the 999
selection of plans and specifications, the determination and 1,000
erection of all necessary buildings on such site or sites, and of 1,001
the selection and installation of all necessary and proper 1,002
furniture, fixtures, and equipment. The board of county hospital 1,003
trustees may make capital improvements, including the purchase of 1,004
equipment, and may finance such improvements through hospital 1,005
revenues or other hospital funds. The board may issue revenue 1,006
obligations, pursuant to section 140.06 or 339.15 of the Revised 1,007
Code, or revenue bonds pursuant to section 133.08 of the Revised 1,008
Code. 1,009
A board of county hospital trustees may construct an 1,011
addition to the county hospital, acquire an existing structure 1,012
for the purpose of leasing office space to local physicians, or 1,013
lease real property to any person to construct facilities for 1,014
providing medical services other than inpatient hospital services 1,015
if the board of county hospital trustees determines that such 1,016
purpose is reasonably related to the proper operation of the 1,017
county hospital. 1,018
The trustees shall serve without compensation, but shall be 1,020
allowed their necessary and reasonable expenses incurred in the 1,021
performance of their duties, including the cost of their 1,022
participation in such continuing education programs or 1,023
developmental programs as the trustees consider necessary. Such 1,024
expenses shall be paid out of the funds provided for such 1,025
hospital. The board of county hospital trustees may employ such 1,026
25
help as is necessary to perform its clerical work, superintend 1,027
properly the construction of such hospital, and pay the expenses 1,028
thereof, including the salary and benefits of the administrator 1,029
as provided in section 339.06 of the Revised Code, out of the 1,030
funds provided for such hospital. 1,031
The board of county hospital trustees may employ RETAIN 1,033
counsel and institute legal action in its own name for the 1,034
collection of delinquent accounts. The board may also employ any 1,035
other lawful means for the collection of delinquent accounts. 1,036
Each trustee shall be bonded for the proper performance of 1,038
his duties, in such sum as the board of county commissioners 1,040
requires, with sureties to its approval. The expense of so 1,041
bonding each trustee shall be paid from hospital operating funds. 1,042
Sec. 339.06. (A) The board of county hospital trustees 1,051
shall, upon completion of construction or leasing and equipping 1,052
of the A county hospital, SHALL assume and continue the operation 1,054
of such THE hospital. The board shall have the entire management 1,055
and control of the hospital, and shall establish such rules for 1,056
its government and the admission of persons as are expedient. 1,057
The board has control of the property of the hospital, 1,059
including management and disposal of surplus property other than 1,060
real estate or an interest in real estate, and has control of all 1,061
funds used in the hospital's operation. The administrator or his 1,062
designee shall deposit all, INCLUDING moneys received from the 1,064
operation of the hospital or, MONEYS appropriated for its 1,065
operation by the board of county commissioners, or AND MONEYS 1,067
resulting from special levies submitted by the board of county 1,069
commissioners as provided for in section 5705.22 of the Revised 1,070
Code, to the hospital's credit in banks or trust companies 1,071
designated by the board of county hospital trustees, which fund 1,072
shall be known as the hospital operating fund. The administrator 1,073
or his designee may deposit funds not needed for immediate 1,075
expenses in interest-bearing or noninterest-bearing accounts or 1,076
United States government obligations. Such banks or trust 1,077
26
companies shall furnish security for all such deposits, whether 1,078
interest bearing or noninterest bearing, except that no such 1,079
security is required for United States government obligations, 1,080
notwithstanding sections 135.01 to 135.21 of the Revised Code. 1,081
ALL OR PART OF THE MONEYS DETERMINED NOT TO BE NECESSARY TO MEET 1,082
CURRENT DEMANDS ON THE HOSPITAL MAY BE INVESTED BY THE BOARD OF 1,083
HOSPITAL TRUSTEES OR ITS DESIGNEE IN ANY CLASSIFICATIONS OF 1,084
SECURITIES AND OBLIGATIONS ELIGIBLE FOR DEPOSIT OR INVESTMENT OF 1,085
COUNTY MONEYS PURSUANT TO SECTION 135.35 OF THE REVISED CODE,
SUBJECT TO THE APPROVAL OF THE BOARD'S WRITTEN INVESTMENT POLICY 1,086
BY THE COUNTY INVESTMENT ADVISORY COMMITTEE ESTABLISHED PURSUANT 1,087
TO SECTION 135.341 OF THE REVISED CODE.
(B) Annually by the first day of November, the board of 1,089
county hospital trustees shall submit its proposed budget for the 1,090
ensuing fiscal year to the board of county commissioners for 1,091
approval, and the board of county commissioners shall approve a 1,092
budget for the county hospital by the first day of December. If 1,093
the taxes collected pursuant to any tax levied under section 1,094
5705.22 of the Revised Code, or the amount appropriated to the 1,095
county hospital by the commissioners in the annual appropriation 1,096
measure for the county for the ensuing fiscal year differ from 1,097
the amount shown in the approved budget, the board of county 1,098
commissioners may require the board of county hospital trustees 1,099
to revise the hospital budget accordingly. The board of trustees 1,100
shall not expend such funds until its budget for that calendar 1,101
year is submitted to and approved by the board of county 1,102
commissioners. Thereafter such funds may be disbursed by the 1,103
board of county hospital trustees, consistent with the approved 1,104
budget, for the uses and purposes of such hospital,; for the 1,105
replacement of necessary equipment, or; for the acquiring of 1,107
ACQUISITION, leasing, or construction of permanent improvements 1,108
to county hospital property,; OR FOR MAKING A DONATION AUTHORIZED 1,109
BY DIVISION (C) OF THIS SECTION. EACH DISBURSEMENT OF FUNDS 1,110
SHALL BE MADE on a voucher signed by signatories designated and 1,112
27
approved by the board of county hospital trustees.
(C) The head of a board of county hospital trustees is not 1,114
required to file an estimate of contemplated revenue and 1,115
expenditures for the ensuing fiscal year under section 5705.28 of 1,116
the Revised Code unless the board of county commissioners levies 1,117
a tax for the county hospital, or such a tax is proposed, or the 1,118
board of county hospital trustees desires that the board of 1,119
county commissioners make an appropriation to the county hospital 1,120
for the ensuing fiscal year. 1,121
(D) All moneys appropriated by the board of county 1,123
commissioners or from special levies by the board of county 1,124
commissioners for the operation of the hospital, when collected 1,125
shall be paid to the board of county hospital trustees on a 1,126
warrant of the county auditor and approved by the board of county 1,127
commissioners. The board of hospital trustees shall file an 1,128
annual report of revenues and expenditures for the fiscal year 1,129
with the board of county commissioners within ninety days after 1,130
the fiscal year's end. 1,131
(E)(C) FOR THE PUBLIC PURPOSE OF IMPROVING THE HEALTH, 1,133
SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE BOARD OF 1,134
HOSPITAL TRUSTEES MAY DONATE TO A NONPROFIT ENTITY ANY OF THE 1,135
FOLLOWING:
(1) MONEYS AND OTHER FINANCIAL ASSETS DETERMINED NOT TO BE 1,137
NECESSARY TO MEET CURRENT DEMANDS ON THE HOSPITAL; 1,139
(2) SURPLUS HOSPITAL PROPERTY, INCLUDING SUPPLIES, 1,141
EQUIPMENT, OFFICE FACILITIES, AND OTHER PROPERTY THAT IS NOT REAL 1,142
ESTATE OR AN INTEREST IN REAL ESTATE; 1,143
(3) SERVICES RENDERED BY THE HOSPITAL. 1,145
(D)(1) For purposes of this division: 1,147
(a) "Bank" has the same meaning as in section 1101.01 of 1,149
the Revised Code. 1,150
(b) "Savings and loan association" has the same meaning as 1,152
in section 1151.01 of the Revised Code. 1,153
(c) "Savings bank" has the same meaning as in section 1,155
28
1161.01 of the Revised Code. 1,156
(2) The board of county hospital trustees may enter into a 1,158
contract for a secured line of credit with a bank, savings and 1,159
loan association, or savings bank if the contract meets all of 1,160
the following requirements: 1,161
(a) The term of the contract does not exceed one hundred 1,163
eighty days. 1,164
(b) The board's secured line of credit does not exceed 1,166
five hundred thousand dollars. 1,167
(c) The contract provides that any amount extended must be 1,169
repaid in full before any additional credit can be extended. 1,170
(d) The contract provides that the bank, savings and loan 1,172
association, or savings bank shall not commence a civil action 1,173
against the board of county commissioners, any member of the 1,174
board, or the county to recover the principal, interest, or any 1,175
charges or other amounts that remain outstanding on the secured 1,176
line of credit at the time of any default by the board of county 1,177
hospital trustees. 1,178
(e) The contract provides that no assets other than those 1,180
of the hospital can be used to secure the line of credit. 1,181
(f) The terms and conditions of the contract comply with 1,183
all state and federal statutes and rules governing the extension 1,184
of a secured line of credit. 1,185
(3) Any obligation incurred by a board of county hospital 1,187
trustees under this division is an obligation of that board only 1,188
and not a general obligation of the board of county commissioners 1,189
or the county within the meaning of division (Q) of section 1,190
133.01 of the Revised Code. 1,191
(4) No board of county hospital trustees shall at any time 1,193
have more than one secured line of credit under this section. 1,194
(F) The board of county hospital trustees shall employ an 1,196
administrator, whose title, salary, and other benefits shall be 1,197
determined by the trustees. The administrator may be removed by 1,198
the board whenever the board determines it to be in the best 1,199
29
interests of the hospital. The administrator or his designee 1,201
shall employ, contract with, or grant privileges to, such 1,202
physicians, nurses, and other employees as are necessary for the 1,204
proper care, control, and management of the county hospital and 1,205
its patients. The board shall adopt the wage and salary schedule 1,206
for the county hospital. Such physicians, nurses, and other 1,207
employees may be suspended or removed by the administrator or his 1,208
designee at any time when the welfare of such institution 1,210
warrants suspension or removal. Such physicians, nurses, and 1,211
other employees, if employed, shall be in the unclassified civil 1,213
service, pursuant to section 124.11 of the Revised Code. The 1,214
administrator and such other employees as the board considers 1,215
necessary shall be bonded in amounts established by the board, 1,216
the expense of which shall be paid out of hospital operating 1,217
funds.
(G)(E) The board shall establish a schedule of charges for 1,219
all services and treatment rendered by the county hospital. It 1,220
may provide for the free treatment in such hospital of soldiers, 1,221
sailors, and marines of the county, under such conditions and 1,222
rules as it prescribes. 1,223
(H)(F) The board may designate the amounts and forms of 1,225
insurance protection to be provided, and the board of county 1,226
commissioners shall assist in obtaining such protection. The 1,227
expense of providing the protection shall be paid from hospital 1,228
operating funds. 1,229
(I)(G) The board of county hospital trustees may authorize 1,231
a county hospital and each of its units, hospital board members, 1,232
designated hospital employees, and medical staff members to be a 1,233
member of and maintain membership in any local, state, or 1,234
national group or association organized and operated for the 1,235
promotion of the public health and welfare or advancement of the 1,236
efficiency of hospital administration and in connection therewith 1,237
to use tax funds for the payment of dues and fees and related 1,238
expenses but nothing in this section prohibits the board from 1,239
30
using receipts from hospital operation, other than tax funds, for 1,240
the payment of such dues and fees. 1,241
(J)(H) THE FOLLOWING APPLY TO THE BOARD OF COUNTY HOSPITAL 1,244
TRUSTEES, ITS EMPLOYEES, AND THE EMPLOYEES OF THE COUNTY 1,245
HOSPITAL: 1,246
(1) THE BOARD SHALL ADOPT THE WAGE AND SALARY SCHEDULE FOR 1,248
EMPLOYEES. 1,249
(2) THE BOARD MAY EMPLOY THE HOSPITAL'S ADMINISTRATOR 1,251
PURSUANT TO SECTION 339.07 OF THE REVISED CODE, AND THE 1,253
ADMINISTRATOR MAY EMPLOY INDIVIDUALS FOR THE HOSPITAL IN
ACCORDANCE WITH THAT SECTION. 1,254
(3) THE BOARD MAY EMPLOY ASSISTANTS AS NECESSARY TO 1,256
PERFORM ITS CLERICAL WORK, SUPERINTEND PROPERLY THE CONSTRUCTION 1,257
OF THE COUNTY HOSPITAL, AND PAY THE HOSPITAL'S EXPENSES. SUCH 1,258
EMPLOYEES MAY BE PAID FROM FUNDS PROVIDED FOR THE COUNTY 1,259
HOSPITAL. 1,260
(4) The board may hire, by contract or as salaried 1,262
employees, such management consultants, accountants, attorneys, 1,263
engineers, architects, construction managers, and other 1,264
professional advisors as it determines are necessary and 1,265
desirable to assist in the management of the programs and 1,266
operation of the county hospital. Such professional advisors may 1,267
be paid from county hospital operating funds. 1,268
(K)(5) Notwithstanding section 325.19 of the Revised Code, 1,270
the board of county hospital trustees may grant to its employees 1,271
any fringe benefits the board determines to be customary and 1,272
usual in the nonprofit hospital field in its community, 1,273
including, but not limited to: 1,274
(1)(a) Additional vacation leave with full pay for 1,276
full-time employees, including full-time hourly rate employees, 1,277
after service of one year; 1,278
(2)(b) Vacation leave and holiday pay for part-time 1,280
employees on a pro rata basis; 1,281
(3)(c) Leave with full pay due to death in the employee's 1,283
31
immediate family, which shall not be deducted from the employee's 1,284
accumulated sick leave; 1,285
(4)(d) Premium pay for working on holidays listed in 1,287
section 325.19 of the Revised Code; 1,288
(5)(e) Moving expenses for new employees; 1,290
(6)(f) Discounts on hospital supplies and services. 1,292
In addition to (6) THE BOARD MAY PROVIDE HOLIDAY LEAVE BY 1,294
OBSERVING MARTIN LUTHER KING DAY, WASHINGTON-LINCOLN DAY, 1,297
COLUMBUS DAY, AND VETERANS' DAY ON DAYS OTHER THAN THOSE 1,298
SPECIFIED IN SECTION 1.14 OF THE REVISED CODE. 1,299
(7) THE BOARD MAY GRANT TO EMPLOYEES the insurance 1,302
benefits authorized by section 339.16 of the Revised Code and 1,303
notwithstanding.
(8) NOTWITHSTANDING section 325.19 of the Revised Code, 1,306
the board may grant to employees, including hourly rate 1,307
employees, such personal holidays as the board determines to be 1,308
customary and usual in the hospital field in its community. 1,309
(9) The board of county hospital trustees may provide 1,311
employee recognition awards and hold employee recognition 1,312
dinners.
(10) THE BOARD MAY GRANT TO EMPLOYEES THE RECRUITMENT AND 1,314
RETENTION BENEFITS SPECIFIED UNDER DIVISION (I) OF THIS SECTION. 1,315
(I) Notwithstanding sections 325.191 and 325.20 of the 1,317
Revised Code, the board of county hospital trustees may provide, 1,318
without the prior authorization of the board of county 1,319
commissioners, scholarships for education in the health care 1,320
professions, tuition reimbursement, and other staff development 1,321
programs to enhance the skills of health care professionals for 1,322
the purpose of recruiting or retaining qualified employees. 1,323
The board of county hospital trustees may pay reasonable 1,325
expenses for recruiting or retaining physicians and other 1,326
appropriate health care practitioners. 1,327
Sec. 339.07. (A) The BOARD OF COUNTY HOSPITAL TRUSTEES 1,337
SHALL PROVIDE FOR THE ADMINISTRATION OF THE COUNTY HOSPITAL BY 1,338
32
DIRECTLY EMPLOYING A HOSPITAL ADMINISTRATOR OR BY ENTERING INTO A 1,339
CONTRACT FOR THE MANAGEMENT OF THE HOSPITAL UNDER WHICH AN 1,340
ADMINISTRATOR IS PROVIDED. WHEN AN ADMINISTRATOR IS EMPLOYED 1,341
DIRECTLY, THE BOARD SHALL ADOPT A JOB DESCRIPTION DELINEATING THE 1,342
ADMINISTRATOR'S POWERS AND DUTIES AND THE BOARD MAY PAY THE 1,343
ADMINISTRATOR'S SALARY AND OTHER BENEFITS FROM FUNDS PROVIDED FOR 1,344
THE HOSPITAL.
(B) DURING THE CONSTRUCTION AND EQUIPPING OF THE HOSPITAL, 1,346
THE administrator of a county hospital shall act in an advisory 1,348
capacity to the board of county hospital trustees during the 1,349
construction and equipping of the county hospital, and after. 1,350
AFTER the hospital is completed he, THE ADMINISTRATOR shall serve 1,352
as the chief executive officer and shall carry out the 1,353
administration of the county hospital according to the policies 1,354
set forth by the board charged with the operation of such 1,355
hospital. The board shall adopt a job description delineating 1,356
the powers and duties of the administrator. 1,357
The administrator shall administer the county hospital, 1,359
make reports, and take any other action that he THE ADMINISTRATOR 1,361
determines is necessary for the operation of the hospital. 1,362
At the end of each fiscal year, the administrator shall 1,364
submit to the board a complete financial statement showing the 1,365
receipts, revenues, and expenditures in detail for the entire 1,366
fiscal year. 1,367
THE ADMINISTRATOR SHALL ENSURE THAT THE HOSPITAL HAS SUCH 1,369
PHYSICIANS, NURSES, AND OTHER EMPLOYEES AS ARE NECESSARY FOR THE 1,370
PROPER CARE, CONTROL, AND MANAGEMENT OF THE COUNTY HOSPITAL AND 1,371
ITS PATIENTS. THE PHYSICIANS, NURSES, AND OTHER EMPLOYEES MAY BE 1,372
SUSPENDED OR REMOVED BY THE ADMINISTRATOR AT ANY TIME THE WELFARE 1,373
OF THE HOSPITAL WARRANTS SUSPENSION OR REMOVAL. THE
ADMINISTRATOR MAY OBTAIN PHYSICIANS, NURSES, AND OTHER EMPLOYEES 1,374
BY DIRECT EMPLOYMENT, ENTERING INTO CONTRACTS, OR GRANTING 1,375
AUTHORITY TO PRACTICE IN THE HOSPITAL. PERSONS EMPLOYED DIRECTLY 1,376
SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE, PURSUANT TO SECTION 1,377
33
124.11 OF THE REVISED CODE.
Sec. 4115.04. (A) Every public authority authorized to 1,386
contract for or construct with its own forces a public 1,387
improvement, before advertising for bids or undertaking such 1,388
construction with its own forces, shall have the bureau of 1,389
employment services determine the prevailing rates of wages of 1,390
mechanics and laborers in accordance with section 4115.05 of the 1,391
Revised Code for the class of work called for by the public 1,392
improvement, in the locality where the work is to be performed. 1,393
Such schedule of wages shall be attached to and made part of the 1,394
specifications for the work, and shall be printed on the bidding 1,395
blanks where the work is done by contract. A copy of the bidding 1,396
blank shall be filed with the bureau before such contract is 1,397
awarded. A minimum rate of wages for common laborers, on work 1,399
coming under the jurisdiction of the department of 1,400
transportation, shall be fixed in each county of the state by 1,401
said department of transportation, in accordance with section 1,402
4115.05 of the Revised Code.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not 1,404
apply to:
(A)(1) Public improvements in any case where the federal 1,406
government or any of its agencies furnishes by loan or grant all 1,409
or any part of the funds used in constructing such improvements, 1,410
provided the federal government or any of its agencies prescribes 1,411
predetermined minimum wages to be paid to mechanics and laborers 1,412
employed in the construction of such improvements; 1,413
(B)(2) A participant in a work activity, developmental 1,416
activity, or an alternative work activity under sections 5107.40 1,418
to 5107.69 of the Revised Code when a public authority directly 1,419
uses the labor of the participant to construct a public
improvement if the participant is not engaged in paid employment 1,421
or subsidized employment pursuant to the activity; 1,422
(C)(3) Public improvements undertaken by, or under 1,424
contract for, the board of education of any school district or 1,426
34
the governing board of any educational service center; 1,427
(4) PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT 1,429
FOR, A COUNTY HOSPITAL OPERATED PURSUANT TO CHAPTER 339. OF THE 1,430
REVISED CODE IF NONE OF THE FUNDS USED IN CONSTRUCTING THE 1,432
IMPROVEMENTS ARE THE PROCEEDS OF BONDS OR OTHER OBLIGATIONS WHICH 1,434
ARE SECURED BY THE FULL FAITH AND CREDIT OF THE STATE, THE 1,435
COUNTY, OR A MUNICIPAL CORPORATION AND NONE OF THE FUNDS USED IN 1,436
CONSTRUCTING THE IMPROVEMENTS, INCLUDING FUNDS USED TO REPAY ANY 1,437
AMOUNTS BORROWED TO CONSTRUCT THE IMPROVEMENTS, ARE FUNDS THAT 1,438
HAVE BEEN APPROPRIATED FOR THAT PURPOSE BY THE BOARD OF COUNTY 1,439
COMMISSIONERS, THE STATE, OR A MUNICIPAL CORPORATION FROM FUNDS 1,440
GENERATED BY THE LEVY OF A TAX; PROVIDED, HOWEVER, THAT A COUNTY 1,442
HOSPITAL MAY ELECT TO APPLY SECTIONS 4115.03 TO 4115.16 OF THE 1,443
REVISED CODE TO A PUBLIC IMPROVEMENT UNDERTAKEN BY, OR UNDER 1,444
CONTRACT FOR, THE COUNTY HOSPITAL. 1,445
Section 2. That existing sections 121.22, 133.07, 149.43, 1,447
325.19, 339.01, 339.03, 339.06, 339.07, and 4115.04 of the 1,449
Revised Code are hereby repealed.
Section 3. Section 133.07 of the Revised Code is presented 1,451
in this act as a composite of the section as amended by both Sub. 1,453
H.B. 581 and Am. Sub. S.B. 223 of the 122nd General Assembly,
with the new language of neither of the acts shown in capital 1,456
letters. This is in recognition of the principle stated in 1,457
division (B) of section 1.52 of the Revised Code that such 1,458
amendments are to be harmonized where not substantively 1,459
irreconcilable and constitutes a legislative finding that such is 1,460
the resulting version in effect prior to the effective date of 1,461
this act.