As Reported by the Senate State and Local Government 1
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. S. B. No. 55 6
1999-2000 7
SENATORS WHITE-SCHAFRATH-SPADA-GARDNER 9
_________________________________________________________________ 11
A B I L L
To amend sections 121.22, 133.07, 149.43, 325.19, 13
339.01, 339.03, 339.06, 339.07, and 4115.04 of 14
the Revised Code to make changes regarding the 15
authority of boards of county hospital trustees. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 121.22, 133.07, 149.43, 325.19, 19
339.01, 339.03, 339.06, 339.07, and 4115.04 of the Revised Code 21
be amended to read as follows:
Sec. 121.22. (A) This section shall be liberally 30
construed to require public officials to take official action and 31
to conduct all deliberations upon official business only in open 32
meetings unless the subject matter is specifically excepted by 33
law. 34
(B) As used in this section: 36
(1) "Public body" means any of the following: 38
(a) Any board, commission, committee, council, or similar 40
decision-making body of a state agency, institution, or 41
authority, and any legislative authority or board, commission, 42
committee, council, agency, authority, or similar decision-making 44
body of any county, township, municipal corporation, school 45
district, or other political subdivision or local public 46
institution;
(b) Any committee or subcommittee of a body described in 48
division (B)(1)(a) of this section; 49
(c) A court of jurisdiction of a sanitary district 51
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organized wholly for the purpose of providing a water supply for 52
domestic, municipal, and public use when meeting for the purpose 54
of the appointment, removal, or reappointment of a member of the 55
board of directors of such a district pursuant to section 6115.10
of the Revised Code, if applicable, or for any other matter 56
related to such a district other than litigation involving the 57
district. As used in division (B)(1)(c) of this section, "court 58
of jurisdiction" has the same meaning as "court" in section 59
6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the 61
public business of the public body by a majority of its members. 62
(3) "Regulated individual" means either of the following: 64
(a) A student in a state or local public educational 66
institution; 67
(b) A person who is, voluntarily or involuntarily, an 69
inmate, patient, or resident of a state or local institution 70
because of criminal behavior, mental illness or retardation, 71
disease, disability, age, or other condition requiring custodial 72
care. 73
(C) All meetings of any public body are declared to be 75
public meetings open to the public at all times. A member of a 76
public body shall be present in person at a meeting open to the 78
public to be considered present or to vote at the meeting and for 79
purposes of determining whether a quorum is present at the 80
meeting. 81
The minutes of a regular or special meeting of any public 84
body shall be promptly prepared, filed, and maintained and shall 85
be open to public inspection. The minutes need only reflect the 86
general subject matter of discussions in executive sessions 87
authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an 89
audit conference conducted by the auditor of state or independent 90
certified public accountants with officials of the public office 91
that is the subject of the audit, to the adult parole authority 92
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when its hearings are conducted at a correctional institution for 93
the sole purpose of interviewing inmates to determine parole or 94
pardon, to the organized crime investigations commission 95
established under section 177.01 of the Revised Code, to the 96
state medical board when determining whether to suspend a 97
certificate without a prior hearing pursuant to division (G) of 99
either section 4730.25 or 4731.22 of the Revised Code, to the 101
board of nursing when determining whether to suspend a license 102
without a prior hearing pursuant to division (B) of section 103
4723.181 of the Revised Code, or to the executive committee of 104
the emergency response commission when determining whether to 105
issue an enforcement order or request that a civil action, civil 106
penalty action, or criminal action be brought to enforce Chapter 107
3750. of the Revised Code.
(E) The controlling board, the development financing 109
advisory council, the industrial technology and enterprise 110
advisory council, the tax credit authority, or the minority 112
development financing advisory board, when meeting to consider 113
granting assistance pursuant to Chapter 122. or 166. of the 114
Revised Code, in order to protect the interest of the applicant 115
or the possible investment of public funds, by unanimous vote of 116
all board, council, or authority members present, may close the 118
meeting during consideration of the following information 120
confidentially received by the authority, council, or board from 121
the applicant: 123
(1) Marketing plans; 125
(2) Specific business strategy; 127
(3) Production techniques and trade secrets; 129
(4) Financial projections; 131
(5) Personal financial statements of the applicant or 133
members of the applicant's immediate family, including, but not 134
limited to, tax records or other similar information not open to 136
public inspection. 137
The vote by the authority, council, or board to accept or 141
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reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall 144
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a 146
reasonable method whereby any person may determine the time and 147
place of all regularly scheduled meetings and the time, place, 148
and purpose of all special meetings. A public body shall not 149
hold a special meeting unless it gives at least twenty-four 150
hours' advance notice to the news media that have requested 151
notification, except in the event of an emergency requiring 152
immediate official action. In the event of an emergency, the 153
member or members calling the meeting shall notify the news media 154
that have requested notification immediately of the time, place, 155
and purpose of the meeting. 156
The rule shall provide that any person, upon request and 159
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public 160
business is to be discussed. Provisions for advance notification 161
may include, but are not limited to, mailing the agenda of 162
meetings to all subscribers on a mailing list or mailing notices 163
in self-addressed, stamped envelopes provided by the person. 164
(G) Except as provided in division (J) of this section, 167
the members of a public body may hold an executive session only 168
after a majority of a quorum of the public body determines, by a 169
roll call vote, to hold an executive session and only at a 171
regular or special meeting for the sole purpose of the
consideration of any of the following matters: 172
(1) To consider the appointment, employment, dismissal, 174
discipline, promotion, demotion, or compensation of a public 175
employee or official, or the investigation of charges or 176
complaints against a public employee, official, licensee, or 177
regulated individual, unless the public employee, official, 178
licensee, or regulated individual requests a public hearing. 179
Except as otherwise provided by law, no public body shall hold an 180
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executive session for the discipline of an elected official for 181
conduct related to the performance of the elected official's 182
official duties or for the elected official's removal from 184
office. If a public body holds an executive session pursuant to 186
division (G)(1) of this section, the motion and vote to hold that 187
executive session shall state which one or more of the approved 188
purposes listed in division (G)(1) of this section are the 189
purposes for which the executive session is to be held, but need 190
not include the name of any person to be considered at the 191
meeting.
(2) To consider the purchase of property for public 193
purposes, or for the sale of property at competitive bidding, if 194
premature disclosure of information would give an unfair 195
competitive or bargaining advantage to a person whose personal, 196
private interest is adverse to the general public interest. No 197
member of a public body shall use division (G)(2) of this section 199
as a subterfuge for providing covert information to prospective 201
buyers or sellers. A purchase or sale of public property is void 202
if the seller or buyer of the public property has received covert 203
information from a member of a public body that has not been 204
disclosed to the general public in sufficient time for other 205
prospective buyers and sellers to prepare and submit offers. 206
If the minutes of the public body show that all meetings 208
and deliberations of the public body have been conducted in 209
compliance with this section, any instrument executed by the 210
public body purporting to convey, lease, or otherwise dispose of 211
any right, title, or interest in any public property shall be 212
conclusively presumed to have been executed in compliance with 213
this section insofar as title or other interest of any bona fide 214
purchasers, lessees, or transferees of the property is concerned. 215
(3) Conferences with an attorney for the public body 217
concerning disputes involving the public body that are the 218
subject of pending or imminent court action; 219
(4) Preparing for, conducting, or reviewing negotiations 221
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or bargaining sessions with public employees concerning their 222
compensation or other terms and conditions of their employment; 223
(5) Matters required to be kept confidential by federal 225
law or regulations or state statutes; 226
(6) Specialized details of security arrangements if 228
disclosure of the matters discussed might reveal information that 229
could be used for the purpose of committing, or avoiding 230
prosecution for, a violation of the law; 231
(7) IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO 233
CHAPTER 339. OF THE REVISED CODE, TO CONSIDER TRADE SECRETS, AS 235
DEFINED IN SECTION 1333.61 OF THE REVISED CODE.
If a public body holds an executive session to consider any 237
of the matters listed in divisions (G)(2) to (6)(7) of this 238
section, the motion and vote to hold that executive session shall 240
state which one or more of the approved matters listed in those 241
divisions are to be considered at the executive session. 242
A public body specified in division (B)(1)(c) of this 245
section shall not hold an executive session when meeting for the
purposes specified in that division. 246
(H) A resolution, rule, or formal action of any kind is 248
invalid unless adopted in an open meeting of the public body. A 249
resolution, rule, or formal action adopted in an open meeting 250
that results from deliberations in a meeting not open to the 251
public is invalid unless the deliberations were for a purpose 252
specifically authorized in division (G) or (J) of this section 253
and conducted at an executive session held in compliance with 254
this section. A resolution, rule, or formal action adopted in an 255
open meeting is invalid if the public body that adopted the 256
resolution, rule, or formal action violated division (F) of this 257
section. 258
(I)(1) Any person may bring an action to enforce this 260
section. An action under division (I)(1) of this section shall 262
be brought within two years after the date of the alleged 263
violation or threatened violation. Upon proof of a violation or 264
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threatened violation of this section in an action brought by any 265
person, the court of common pleas shall issue an injunction to 266
compel the members of the public body to comply with its 267
provisions. 268
(2)(a) If the court of common pleas issues an injunction 270
pursuant to division (I)(1) of this section, the court shall 271
order the public body that it enjoins to pay a civil forfeiture 272
of five hundred dollars to the party that sought the injunction 273
and shall award to that party all court costs and, subject to 274
reduction as described in division (I)(2) of this section, 276
reasonable attorney's fees. The court, in its discretion, may 277
reduce an award of attorney's fees to the party that sought the 278
injunction or not award attorney's fees to that party if the 279
court determines both of the following: 280
(i) That, based on the ordinary application of statutory 282
law and case law as it existed at the time of violation or 283
threatened violation that was the basis of the injunction, a 284
well-informed public body reasonably would believe that the 285
public body was not violating or threatening to violate this 286
section; 287
(ii) That a well-informed public body reasonably would 289
believe that the conduct or threatened conduct that was the basis 290
of the injunction would serve the public policy that underlies 291
the authority that is asserted as permitting that conduct or 292
threatened conduct. 293
(b) If the court of common pleas does not issue an 295
injunction pursuant to division (I)(1) of this section and the 296
court determines at that time that the bringing of the action was 297
frivolous conduct, as defined in division (A) of section 2323.51 298
of the Revised Code, the court shall award to the public body all 299
court costs and reasonable attorney's fees, as determined by the 300
court. 301
(3) Irreparable harm and prejudice to the party that 303
sought the injunction shall be conclusively and irrebuttably 304
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presumed upon proof of a violation or threatened violation of 305
this section. 306
(4) A member of a public body who knowingly violates an 308
injunction issued pursuant to division (I)(1) of this section may 309
be removed from office by an action brought in the court of 310
common pleas for that purpose by the prosecuting attorney or the 311
attorney general. 312
(J)(1) Pursuant to division (C) of section 5901.09 of the 314
Revised Code, a veterans service commission shall hold an 315
executive session for one or more of the following purposes 316
unless an applicant requests a public hearing: 317
(a) Interviewing an applicant for financial assistance 319
under sections 5901.01 to 5901.15 of the Revised Code; 320
(b) Discussing applications, statements, and other 322
documents described in division (B) of section 5901.09 of the 323
Revised Code; 324
(c) Reviewing matters relating to an applicant's request 326
for financial assistance under sections 5901.01 to 5901.15 of the 327
Revised Code.
(2) A veterans service commission shall not exclude an 329
applicant for, recipient of, or former recipient of financial 330
assistance under sections 5901.01 to 5901.15 of the Revised Code, 331
and shall not exclude representatives selected by the applicant, 333
recipient, or former recipient, from a meeting that the
commission conducts as an executive session that pertains to the 334
applicant's, recipient's, or former recipient's application for 335
financial assistance.
(3) A veterans service commission shall vote on the grant 337
or denial of financial assistance under sections 5901.01 to 338
5901.15 of the Revised Code only in an open meeting of the 340
commission. The minutes of the meeting shall indicate the name, 341
address, and occupation of the applicant, whether the assistance 342
was granted or denied, the amount of the assistance if assistance 343
is granted, and the votes for and against the granting of 344
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assistance.
Sec. 133.07. (A) A county shall not incur, without a vote 355
of the electors, either of the following: 356
(1) Net indebtedness for all purposes that exceeds an 358
amount equal to one per cent of its tax valuation; 359
(2) Net indebtedness for the purpose of paying the 361
county's share of the cost of the construction, improvement, 362
maintenance, or repair of state highways that exceeds an amount 363
equal to one-half of one per cent of its tax valuation. 364
(B) A county shall not incur total net indebtedness that 366
exceeds an amount equal to one of the following limitations that 368
applies to the county:
(1) A county with a valuation not exceeding one hundred 370
million dollars, three per cent of that tax valuation; 371
(2) A county with a tax valuation exceeding one hundred 373
million dollars but not exceeding three hundred million dollars, 374
three million dollars plus one and one-half per cent of that tax 375
valuation in excess of one hundred million dollars; 376
(3) A county with a tax valuation exceeding three hundred 378
million dollars, six million dollars plus two and one-half per 379
cent of that tax valuation in excess of three hundred million 380
dollars. 381
(C) In calculating the net indebtedness of a county, none 383
of the following securities shall be considered: 384
(1) Securities described in section 307.201 of the Revised 386
Code; 387
(2) Self-supporting securities issued for any purposes, 389
including, but not limited to, any of the following general 390
purposes: 391
(a) Water systems or facilities; 393
(b) Sanitary sewerage systems or facilities, or surface 395
and storm water drainage and sewerage systems or facilities, or a 396
combination of those systems or facilities; 397
(c) County or joint county scrap tire collection, storage, 399
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monocell, monofill, or recovery facilities, or any combination of 400
those facilities; 401
(d) Off-street parking lots, facilities, or buildings, or 403
on-street parking facilities, or any combination of off-street 404
and on-street parking facilities; 405
(e) Facilities for the care or treatment of the sick or 407
infirm, and for housing the persons providing that care or 408
treatment and their families; 409
(f) Recreational, sports, convention, auditorium, museum, 411
trade show, and other public attraction facilities; 412
(g) Facilities for natural resources exploration, 414
development, recovery, use, and sale; 415
(h) Correctional and detention facilities and related 417
rehabilitation facilities. 418
(3) Securities issued for the purpose of purchasing, 420
constructing, improving, or extending water or sanitary or 421
surface and storm water sewerage systems or facilities, or a 422
combination of those systems or facilities, to the extent that an 423
agreement entered into with another subdivision requires the 424
other subdivision to pay to the county amounts equivalent to debt 425
charges on the securities; 426
(4) Voted general obligation securities issued for the 428
purpose of permanent improvements for sanitary sewerage or water 429
systems or facilities to the extent that the total principal 430
amount of voted securities outstanding for the purpose does not 431
exceed an amount equal to two per cent of the county's tax 432
valuation; 433
(5) Securities issued for permanent improvements to house 435
agencies, departments, boards, or commissions of the county or of 436
any municipal corporation located, in whole or in part, in the 437
county, to the extent that the revenues, other than revenues from 438
unvoted county property taxes, derived from leases or other 439
agreements between the county and those agencies, departments, 440
boards, commissions, or municipal corporations relating to the 441
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use of the permanent improvements are sufficient to cover the 442
cost of all operating expenses of the permanent improvements paid 443
by the county and debt charges on the securities; 444
(6) Securities issued pursuant to section 133.08 of the 446
Revised Code; 447
(7) Securities issued for the purpose of acquiring or 449
constructing roads, highways, bridges, or viaducts, for the 450
purpose of acquiring or making other highway permanent 451
improvements, or for the purpose of procuring and maintaining 452
computer systems for the office of the clerk of any 453
county-operated municipal court, for the office of the clerk of 454
the court of common pleas, or for the office of the clerk of the 455
probate, juvenile, or domestic relations division of the court of 456
common pleas to the extent that the legislation authorizing the 457
issuance of the securities includes a covenant to appropriate 458
from moneys distributed to the county pursuant to division (B) of 459
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 460
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 461
sufficient amount to cover debt charges on and financing costs 462
relating to the securities as they become due; 463
(8) Securities issued for the purpose of acquiring, 465
constructing, improving, and equipping a county, multicounty, or 466
multicounty-municipal jail, workhouse, juvenile detention 467
facility, or correctional facility; 468
(9) Securities issued for the acquisition, construction, 470
equipping, or repair of any permanent improvement or any class or 471
group of permanent improvements enumerated in a resolution 472
adopted pursuant to division (D) of section 5739.026 of the 473
Revised Code to the extent that the legislation authorizing the 474
issuance of the securities includes a covenant to appropriate 475
from moneys received from the taxes authorized under section 476
5739.023 and division (A)(5) of section 5739.026 of the Revised 477
Code an amount sufficient to pay debt charges on the securities 478
and those moneys shall be pledged for that purpose; 479
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(10) Securities issued for county or joint county solid 481
waste or hazardous waste collection, transfer, or disposal 482
facilities, or resource recovery and solid or hazardous waste 483
recycling facilities, or any combination of those facilities; 484
(11) Securities issued for the acquisition, construction, 486
and equipping of a port authority educational and cultural 487
facility under section 307.671 of the Revised Code; 488
(12) Securities issued for the acquisition, construction, 490
equipping, and improving of a municipal educational and cultural 491
facility under division (B)(1) of section 307.672 of the Revised 492
Code; 493
(13) Securities issued for energy conservation measures 495
under section 307.041 of the Revised Code; 496
(14) Securities issued for the acquisition, construction, 498
equipping, improving, or repair of a sports facility, including 499
obligations issued to pay costs of a sports facility under 500
section 307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised 502
Code if the legislation authorizing issuance of the securities 503
includes a covenant to appropriate from revenue received from a 504
tax authorized under division (A)(5) of section 5739.026 and 505
section 5741.023 of the Revised Code an amount sufficient to pay 506
debt charges on the securities, and the board of county 507
commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code; 508
(16) Sales tax supported bonds issued pursuant to section 510
133.081 of the Revised Code for the purpose of acquiring, 512
constructing, improving, or equipping any permanent improvement 513
to the extent that the legislation authorizing the issuance of 514
the sales tax supported bonds pledges county sales taxes to the 515
payment of debt charges on the sales tax supported bonds and 516
contains a covenant to appropriate from county sales taxes a 517
sufficient amount to cover debt charges or the financing costs 518
related to the sales tax supported bonds as they become due. 519
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(17) Bonds or notes issued under section 133.60 of the 521
Revised Code if the legislation authorizing issuance of the bonds 523
or notes includes a covenant to appropriate from revenue received
from a tax authorized under division (A)(9) of section 5739.026 524
and section 5741.023 of the Revised Code an amount sufficient to 525
pay the debt charges on the bonds or notes, and the board of 526
county commissioners pledges that revenue for that purpose. 527
(17)(18) Securities issued under section 3707.55 of the 529
Revised Code for the acquisition of real property by a general 530
health district. 531
(D) In calculating the net indebtedness of a county, no 533
obligation incurred under division (E)(D) of section 339.06 of 534
the Revised Code shall be considered. 536
Sec. 149.43. (A) As used in this section: 545
(1) "Public record" means any record that is kept by any 547
public office, including, but not limited to, state, county, 548
city, village, township, and school district units, except that 550
"public record" does not mean any of the following:
(a) Medical records; 552
(b) Records pertaining to probation and parole 554
proceedings;
(c) Records pertaining to actions under section 2151.85 556
and division (C) of section 2919.121 of the Revised Code and to 558
appeals of actions arising under those sections; 559
(d) Records pertaining to adoption proceedings, including 561
the contents of an adoption file maintained by the department of 562
health under section 3705.12 of the Revised Code; 563
(e) Information in a record contained in the putative 565
father registry established by section 3107.062 of the Revised 566
Code, regardless of whether the information is held by the 567
department of human services or, pursuant to section 5101.313 of 568
the Revised Code, the division of child support in the department 569
or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of 571
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the Revised Code or specified in division (A) of section 3107.52 572
of the Revised Code;
(g) Trial preparation records; 574
(h) Confidential law enforcement investigatory records; 576
(i) Records containing information that is confidential 578
under section 2317.023 or 4112.05 of the Revised Code; 579
(j) DNA records stored in the DNA database pursuant to 582
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 584
rehabilitation and correction to the department of youth services 586
or a court of record pursuant to division (E) of section 5120.21 587
of the Revised Code;
(l) Records maintained by the department of youth services 589
pertaining to children in its custody released by the department 590
of youth services to the department of rehabilitation and 591
correction pursuant to section 5139.05 of the Revised Code; 592
(m) Intellectual property records; 594
(n) Donor profile records; 596
(o) Records maintained by the department of human services 598
pursuant to section 5101.312 of the Revised Code; 599
(p) IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO 602
CHAPTER 339. OF THE REVISED CODE, INFORMATION THAT CONSTITUTES A 604
TRADE SECRET, AS DEFINED IN SECTION 1333.61 OF THE REVISED CODE, 605
AND ANY RECORDS HELD BY THE HOSPITAL PERTAINING TO ITS EMPLOYEES; 606
(q) Records the release of which is prohibited by state or 608
federal law. 609
(2) "Confidential law enforcement investigatory record" 611
means any record that pertains to a law enforcement matter of a 612
criminal, quasi-criminal, civil, or administrative nature, but 613
only to the extent that the release of the record would create a 614
high probability of disclosure of any of the following: 615
(a) The identity of a suspect who has not been charged 617
with the offense to which the record pertains, or of an 618
information source or witness to whom confidentiality has been 619
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reasonably promised; 620
(b) Information provided by an information source or 622
witness to whom confidentiality has been reasonably promised, 623
which information would reasonably tend to disclose the source's 624
or witness's identity; 625
(c) Specific confidential investigatory techniques or 627
procedures or specific investigatory work product; 628
(d) Information that would endanger the life or physical 630
safety of law enforcement personnel, a crime victim, a witness, 631
or a confidential information source. 632
(3) "Medical record" means any document or combination of 634
documents, except births, deaths, and the fact of admission to or 635
discharge from a hospital, that pertains to the medical history, 636
diagnosis, prognosis, or medical condition of a patient and that 637
is generated and maintained in the process of medical treatment. 638
(4) "Trial preparation record" means any record that 640
contains information that is specifically compiled in reasonable 641
anticipation of, or in defense of, a civil or criminal action or 642
proceeding, including the independent thought processes and 643
personal trial preparation of an attorney. 644
(5) "Intellectual property record" means a record, other 647
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 648
higher learning in the conduct of or as a result of study or 649
research on an educational, commercial, scientific, artistic, 650
technical, or scholarly issue, regardless of whether the study or 651
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 653
been publicly released, published, or patented. 654
(6) "Donor profile record" means all records about donors 656
or potential donors to a public institution of higher education 657
except the names and reported addresses of the actual donors and 658
the date, amount, and conditions of the actual donation. 659
(B) All public records shall be promptly prepared and made 661
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available for inspection to any person at all reasonable times 662
during regular business hours. Upon request, a person 663
responsible for public records shall make copies available at 664
cost, within a reasonable period of time. In order to facilitate 665
broader access to public records, governmental units shall 666
maintain public records in a manner that they can be made 667
available for inspection in accordance with this division. 668
(C) If a person allegedly is aggrieved by the failure of a 670
governmental unit to promptly prepare a public record and to make 671
it available to the person for inspection in accordance with 672
division (B) of this section, or if a person who has requested a 674
copy of a public record allegedly is aggrieved by the failure of 675
a person responsible for the public record to make a copy 676
available to the person allegedly aggrieved in accordance with 678
division (B) of this section, the person allegedly aggrieved may 679
commence a mandamus action to obtain a judgment that orders the 680
governmental unit or the person responsible for the public record 681
to comply with division (B) of this section and that awards 682
reasonable attorney's fees to the person that instituted the 683
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this 684
section allegedly was not complied with, in the supreme court 685
pursuant to its original jurisdiction under Section 2 of Article 686
IV, Ohio Constitution, or in the court of appeals for the 687
appellate district in which division (B) of this section 688
allegedly was not complied with pursuant to its original 689
jurisdiction under Section 3 of Article IV, Ohio Constitution. 690
(D) Chapter 1347. of the Revised Code does not limit the 692
provisions of this section. 693
(E)(1) The bureau of motor vehicles may adopt rules 695
pursuant to Chapter 119. of the Revised Code to reasonably limit 697
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 698
calendar year. The rules may include provisions for charges to 699
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be made for bulk commercial special extraction requests for the 701
actual cost of the bureau, plus special extraction costs, plus 702
ten per cent. The bureau may charge for expenses for redacting 703
information, the release of which is prohibited by law. 704
(2) As used in division (E)(1) of this section: 706
(a) "Actual cost" means the cost of depleted supplies, 708
records storage media costs, actual mailing and alternative 709
delivery costs, or other transmitting costs, and any direct 710
equipment operating and maintenance costs, including actual costs 711
paid to private contractors for copying services. 712
(b) "Bulk commercial special extraction request" means a 714
request for copies of a record for information in a format other 715
than the format already available, or information that cannot be 716
extracted without examination of all items in a records series, 717
class of records, or data base by a person who intends to use or 718
forward the copies for surveys, marketing, solicitation, or 719
resale for commercial purposes. "Bulk commercial special 720
extraction request" does not include a request by a person who 721
gives assurance to the bureau that the person making the request 722
does not intend to use or forward the requested copies for 723
surveys, marketing, solicitation, or resale for commercial 724
purposes.
(c) "Commercial" means profit-seeking production, buying, 726
or selling of any good, service, or other product. 727
(d) "Special extraction costs" means the cost of the time 729
spent by the lowest paid employee competent to perform the task, 730
the actual amount paid to outside private contractors employed by 731
the bureau, or the actual cost incurred to create computer 732
programs to make the special extraction. "Special extraction 733
costs" include any charges paid to a public agency for computer
or records services. 734
(3) For purposes of divisions (E)(1) and (2) of this 737
section, "commercial surveys, marketing, solicitation, or resale" 738
shall be narrowly construed and does not include reporting or
18
gathering news, reporting or gathering information to assist 740
citizen oversight or understanding of the operation or activities 741
of government, or nonprofit educational research. 742
Sec. 325.19. (A)(1) The granting of vacation leave under 751
division (A)(1) of this section is subject to divisions (A)(2) 752
and (3) of this section. Each full-time employee in the several 753
offices and departments of the county service, including 754
full-time hourly rate employees, after service of one year with 755
the county or any political subdivision of the state, shall have 756
earned and will be due upon the attainment of the first year of 757
employment, and annually thereafter, eighty hours of vacation 758
leave with full pay. One year of service shall be computed on 759
the basis of twenty-six biweekly pay periods. A full-time county 760
employee with eight or more years of service with the county or 761
any political subdivision of the state shall have earned and is 762
entitled to one hundred twenty hours of vacation leave with full 763
pay. A full-time county employee with fifteen or more years of 764
service with the county or any political subdivision of the state 765
shall have earned and is entitled to one hundred sixty hours of 766
vacation leave with full pay. A full-time county employee with 767
twenty-five years of service with the county or any political 768
subdivision of the state shall have earned and is entitled to two 769
hundred hours of vacation leave with full pay. Such vacation 770
leave shall accrue to the employee at the rate of three and 771
one-tenth hours each biweekly period for those entitled to eighty 772
hours per year; four and six-tenths hours each biweekly period 773
for those entitled to one hundred twenty hours per year; six and 774
two-tenths hours each biweekly period for those entitled to one 775
hundred sixty hours per year; and seven and seven-tenths hours 776
each biweekly period for those entitled to two hundred hours per 777
year. 778
(2) Full-time employees granted vacation leave under 780
division (A)(1) of this section who render any standard of 781
service other than forty hours per week as described in division 782
19
(J) of this section and who are in active pay status in a 783
biweekly pay period, shall accrue a number of hours of vacation 784
leave during each such pay period that bears the same ratio to 785
the number of hours specified in division (A)(1) of this section 786
as their number of hours which are accepted as full-time in 787
active pay status, excluding overtime hours, bears to eighty 788
hours. 789
(3) Full-time employees granted vacation leave under 791
division (A)(1) of this section who are in active pay status in a 792
biweekly pay period for less than eighty hours or the number of 793
hours of service otherwise accepted as full-time by their 794
employing office or department shall accrue a number of hours of 795
vacation leave during that pay period that bears the same ratio 796
to the number of hours specified in division (A)(1) of this 797
section as their number of hours in active pay status, excluding 798
overtime hours, bears to eighty or the number of hours of service 799
accepted as full-time, whichever is applicable. 800
(B) A board of county commissioners, by resolution, may 802
grant vacation leave with full pay to part-time county employees. 803
A part-time county employee shall be eligible for vacation leave 804
with full pay upon the attainment of the first year of 805
employment, and annually thereafter. The ratio between the hours 806
worked and the vacation hours awarded to a part-time employee 807
shall be the same as the ratio between the hours worked and the 808
vacation hours earned by a full-time employee as provided for in 809
this section. 810
(C) Days specified as holidays in section 124.19 of the 812
Revised Code shall not be charged to an employee's vacation 813
leave. Vacation leave shall be taken by the employee during the 814
year in which it accrued and prior to the next recurrence of the 815
anniversary date of the employee's employment, provided the 816
appointing authority may, in special and meritorious cases, 817
permit such employee to accumulate and carry over his vacation 818
leave to the following year. No vacation leave shall be carried 819
20
over for more than three years. An employee is entitled to 820
compensation, at the employee's current rate of pay, for the 821
prorated portion of any earned but unused vacation leave for the 822
current year to the employee's credit at time of separation, and 823
in addition shall be compensated for any unused vacation leave 824
accrued to the employee's credit, with the permission of the 825
appointing authority, for the three years immediately preceding
the last anniversary date of employment. 826
(D)(1) In addition to vacation leave, a full-time county 828
employee is entitled to eight hours of holiday pay for New Year's 829
day, Martin Luther King day, Washington-Lincoln day, Memorial 830
day, Independence day, Labor day, Columbus day, Veterans' day, 831
Thanksgiving day, and Christmas day, of each year. Except as 833
provided in division (D)(2) of this section, holidays shall occur 834
on the days specified in section 1.14 of the Revised Code. In 835
the event that any of the aforesaid holidays fall on Saturday, 836
the Friday immediately preceding shall be observed as the 837
holiday. In the event that any of the aforesaid holidays fall on 838
Sunday, the Monday immediately succeeding shall be observed as 839
the holiday. If an employee's work schedule is other than Monday 840
through Friday, the employee is entitled to holiday pay for 841
holidays observed on the employee's day off regardless of the day 842
of the week on which they are observed.
(2)(a) When a classified employee of a county board of 844
mental retardation and developmental disabilities works at a site 845
maintained by a government entity other than the board, such as a 846
public school, the board may adjust the employee's holiday 847
schedule to conform to the schedule adopted by the government 848
entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division 849
(D)(1) of this section. 850
(b) PURSUANT TO DIVISION (H)(6) OF SECTION 339.06 OF THE 852
REVISED CODE, A COUNTY HOSPITAL MAY OBSERVE MARTIN LUTHER KING 853
DAY, WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND VETERANS' DAY ON 855
21
DAYS OTHER THAN THOSE SPECIFIED IN SECTION 1.14 OF THE REVISED 856
CODE.
(E) In the case of the death of a county employee, the 858
unused vacation leave and unpaid overtime to the credit of any 859
such employee, shall be paid in accordance with section 2113.04 860
of the Revised Code, or to the employee's estate. 861
(F) Notwithstanding this section or any other section of 863
the Revised Code, any appointing authority of a county office, 864
department, commission, board, or body may, upon notification to 865
the board of county commissioners, establish alternative 866
schedules of vacation leave and holidays for employees of the 867
appointing authority for whom the state employment relations 868
board has not established an appropriate bargaining unit pursuant 869
to section 4117.06 of the Revised Code, provided that the 870
alternative schedules are not inconsistent with the provisions of 871
a collective bargaining agreement covering other employees of 872
that appointing authority. 873
(G) The employees of a county children services board that 875
establishes vacation benefits under section 5153.12 of the 876
Revised Code are exempt from division (A) of this section. 877
(H) The provisions of this section do not apply to 879
superintendents and management employees of county boards of 880
mental retardation and developmental disabilities. 881
(I) Division (A) of this section does not apply to an 883
employee of a county board of mental retardation and 884
developmental disabilities who works at, or provides 885
transportation services to pupils of, a special education program 886
provided by the county board pursuant to division (A)(4) of
section 5126.05 of the Revised Code, if the employee's employment 887
is based on a school year and the employee is not subject to a 888
contract with the county board that provides for division (A) of 889
this section to apply to the employee.
(J) As used in this section: 891
(1) "Full-time employee" means an employee whose regular 893
22
hours of service for a county total forty hours per week, or who 894
renders any other standard of service accepted as full-time by an 895
office, department, or agency of county service. 896
(2) "Part-time employee" means an employee whose regular 898
hours of service for a county total less than forty hours per 899
week, or who renders any other standard of service accepted as 900
part-time by an office, department, or agency of county service, 901
and whose hours of county service total at least five hundred 902
twenty hours annually. 903
(3) "Management employee" has the same meaning as in 905
section 5126.20 of the Revised Code. 906
Sec. 339.01. (A) As used in sections 339.01 to 339.17 of 915
the Revised Code: 916
(1) "Hospital facilities" has the meaning given in section 918
140.01 of the Revised Code. 919
(2) "County hospital" includes all of the county 921
hospital's branches and hospital facilities, wherever located. 922
(3) "Outpatient health facility" means a facility where 924
medical care and preventive, diagnostic, therapeutic, 925
rehabilitative, or palliative items or services are provided to 926
outpatients by or under the direction of a physician or dentist. 927
(B) The A board of county commissioners may purchase, 929
acquire, lease, appropriate, and construct a county hospital or 930
hospital facilities thereof. After a county hospital or hospital 931
facilities have been fully completed and sufficiently equipped 932
for occupancy, any subsequent improvements, enlargements, or 933
rebuilding of any such facility shall be made by the board of 934
county hospital trustees or a hospital commission appointed 935
pursuant to section 339.14 of the Revised Code. 936
(C)(1) A BOARD OF COUNTY COMMISSIONERS, board of county 938
hospital trustees, or a hospital commission may purchase, 940
acquire, lease, appropriate, or construct an outpatient health 941
facility in another county, which TO SERVE AS A BRANCH OF THE 942
COUNTY HOSPITAL. THE OUTPATIENT HEALTH FACILITY may include 944
23
office space for physicians. The facility shall be a branch of 945
the county hospital and shall be operated pursuant to the law 946
that regulates the operation of the county hospital. A board of 947
county hospital trustees or a hospital commission that proposes 948
to establish such a facility shall give written notice to ITS 949
BOARD OF COUNTY COMMISSIONERS AND TO the board of county
commissioners of the county where the facility is to be located. 951
THE BOARD OF COUNTY COMMISSIONERS WHERE THE FACILITY IS TO BE 953
LOCATED, BY RESOLUTION ADOPTED WITHIN FORTY DAYS AFTER RECEIPT OF 954
THE NOTICE, MAY OBJECT TO THE PROPOSED FACILITY. THE RESOLUTION 955
SHALL INCLUDE AN EXPLANATION OF THE OBJECTION AND MAY MAKE ANY 956
RECOMMENDATIONS THE BOARD CONSIDERS NECESSARY. THE BOARD SHALL 957
SEND A COPY OF THE RESOLUTION TO THE BOARD OF COUNTY HOSPITAL 958
TRUSTEES OR THE HOSPITAL COMMISSION AND TO THE BOARD OF COUNTY 959
COMMISSIONERS OF THE COUNTY THAT PROPOSES TO LOCATE THE FACILITY 960
IN THE OTHER COUNTY.
(2) Except as provided in division (C)(3) of this section, 962
the board OF COUNTY HOSPITAL TRUSTEES or THE HOSPITAL commission 963
may establish and operate the facility, unless the board of 965
county commissioners of the county where PROPOSING TO LOCATE the 966
facility is to be located IN THE OTHER COUNTY, not later than 967
sixty TWENTY days after receiving the notice A RESOLUTION OF 969
OBJECTION FROM THE OTHER COUNTY'S BOARD OF COUNTY COMMISSIONERS 970
PURSUANT TO DIVISION (C)(1) OF THIS SECTION, adopts a resolution 971
denying the trustees or commission the right to establish the 972
facility.
(3) If a board of county commissioners provides a subsidy 974
for uncompensated care to a board of county hospital trustees or 975
hospital commission, the board of county hospital trustees or 976
hospital commission may establish and operate the outpatient 977
health facility only if that board of county commissioners 978
approves the establishment of the facility. Even if the board 979
approves the establishment of the facility, it shall not 980
appropriate any funds generated by a tax levied under section 981
24
5705.191 of the Revised Code to finance the acquisition, 982
construction, repair, maintenance, or operation of such a 983
facility located outside the county. 984
(D) A county hospital may be designated as a monument to 986
commemorate the services of the soldiers, sailors, marines, and 987
pioneers of the county. 988
Sec. 339.03. The board of county hospital trustees shall 997
have complete charge of the selection and purchase or lease of a 998
site or sites for a county hospital, taking title or leasehold 999
interest to such site or sites in the name of the county, the 1,000
selection of plans and specifications, the determination and 1,001
erection of all necessary buildings on such site or sites, and of 1,002
the selection and installation of all necessary and proper 1,003
furniture, fixtures, and equipment. The board of county hospital 1,004
trustees may make capital improvements, including the purchase of 1,005
equipment, and may finance such improvements through hospital 1,006
revenues or other hospital funds. The board may issue revenue 1,007
obligations, pursuant to section 140.06 or 339.15 of the Revised 1,008
Code, or revenue bonds pursuant to section 133.08 of the Revised 1,009
Code. 1,010
A board of county hospital trustees may construct an 1,012
addition to the county hospital, acquire an existing structure 1,013
for the purpose of leasing office space to local physicians, or 1,014
lease real property to any person to construct facilities for 1,015
providing medical services other than inpatient hospital services 1,016
if the board of county hospital trustees determines that such 1,017
purpose is reasonably related to the proper operation of the 1,018
county hospital. 1,019
The trustees shall serve without compensation, but shall be 1,021
allowed their necessary and reasonable expenses incurred in the 1,022
performance of their duties, including the cost of their 1,023
participation in such continuing education programs or 1,024
developmental programs as the trustees consider necessary. Such 1,025
expenses shall be paid out of the funds provided for such 1,026
25
hospital. The board of county hospital trustees may employ such 1,027
help as is necessary to perform its clerical work, superintend 1,028
properly the construction of such hospital, and pay the expenses 1,029
thereof, including the salary and benefits of the administrator 1,030
as provided in section 339.06 of the Revised Code, out of the 1,031
funds provided for such hospital. 1,032
The board of county hospital trustees may employ RETAIN 1,034
counsel and institute legal action in its own name for the 1,035
collection of delinquent accounts. The board may also employ any 1,036
other lawful means for the collection of delinquent accounts. 1,037
Each trustee shall be bonded for the proper performance of 1,039
his duties, in such sum as the board of county commissioners 1,041
requires, with sureties to its approval. The expense of so 1,042
bonding each trustee shall be paid from hospital operating funds. 1,043
Sec. 339.06. (A) The board of county hospital trustees 1,052
shall, upon completion of construction or leasing and equipping 1,053
of the A county hospital, SHALL assume and continue the operation 1,055
of such THE hospital. The board shall have the entire management 1,056
and control of the hospital, and shall establish such rules for 1,057
its government and the admission of persons as are expedient. 1,058
The board has control of the property of the hospital, 1,060
including management and disposal of surplus property other than 1,061
real estate or an interest in real estate, and has control of all 1,062
funds used in the hospital's operation. The administrator or his 1,063
designee shall deposit all, INCLUDING moneys received from the 1,065
operation of the hospital or, MONEYS appropriated for its 1,066
operation by the board of county commissioners, or AND MONEYS 1,068
resulting from special levies submitted by the board of county 1,070
commissioners as provided for in section 5705.22 of the Revised 1,071
Code, to the hospital's credit in banks or trust companies 1,072
designated by the board of county hospital trustees, which fund 1,073
shall be known as the hospital operating fund. The administrator 1,074
or his designee may deposit funds not needed for immediate 1,076
expenses in interest-bearing or noninterest-bearing accounts or 1,077
26
United States government obligations. Such banks or trust 1,078
companies shall furnish security for all such deposits, whether 1,079
interest bearing or noninterest bearing, except that no such 1,080
security is required for United States government obligations, 1,081
notwithstanding sections 135.01 to 135.21 of the Revised Code. 1,082
ALL OR PART OF THE MONEYS DETERMINED NOT TO BE NECESSARY TO MEET 1,083
CURRENT DEMANDS ON THE HOSPITAL MAY BE INVESTED BY THE BOARD OF 1,084
HOSPITAL TRUSTEES OR ITS DESIGNEE IN ANY CLASSIFICATIONS OF 1,085
SECURITIES AND OBLIGATIONS ELIGIBLE FOR DEPOSIT OR INVESTMENT OF 1,086
COUNTY MONEYS PURSUANT TO SECTION 135.35 OF THE REVISED CODE,
SUBJECT TO THE APPROVAL OF THE BOARD'S WRITTEN INVESTMENT POLICY 1,087
BY THE COUNTY INVESTMENT ADVISORY COMMITTEE ESTABLISHED PURSUANT 1,088
TO SECTION 135.341 OF THE REVISED CODE.
(B) Annually by the first day of November, the board of 1,090
county hospital trustees shall submit its proposed budget for the 1,091
ensuing fiscal year to the board of county commissioners for 1,092
approval, and the board of county commissioners shall approve a 1,093
budget for the county hospital by the first day of December. If 1,094
the taxes collected pursuant to any tax levied under section 1,095
5705.22 of the Revised Code, or the amount appropriated to the 1,096
county hospital by the commissioners in the annual appropriation 1,097
measure for the county for the ensuing fiscal year differ from 1,098
the amount shown in the approved budget, the board of county 1,099
commissioners may require the board of county hospital trustees 1,100
to revise the hospital budget accordingly. The board of trustees 1,101
shall not expend such funds until its budget for that calendar 1,102
year is submitted to and approved by the board of county 1,103
commissioners. Thereafter such funds may be disbursed by the 1,104
board of county hospital trustees, consistent with the approved 1,105
budget, for the uses and purposes of such hospital,; for the 1,106
replacement of necessary equipment, or; for the acquiring of 1,108
ACQUISITION, leasing, or construction of permanent improvements 1,109
to county hospital property,; OR FOR MAKING A DONATION AUTHORIZED 1,110
BY DIVISION (C) OF THIS SECTION. EACH DISBURSEMENT OF FUNDS 1,111
27
SHALL BE MADE on a voucher signed by signatories designated and 1,113
approved by the board of county hospital trustees.
(C) The head of a board of county hospital trustees is not 1,115
required to file an estimate of contemplated revenue and 1,116
expenditures for the ensuing fiscal year under section 5705.28 of 1,117
the Revised Code unless the board of county commissioners levies 1,118
a tax for the county hospital, or such a tax is proposed, or the 1,119
board of county hospital trustees desires that the board of 1,120
county commissioners make an appropriation to the county hospital 1,121
for the ensuing fiscal year. 1,122
(D) All moneys appropriated by the board of county 1,124
commissioners or from special levies by the board of county 1,125
commissioners for the operation of the hospital, when collected 1,126
shall be paid to the board of county hospital trustees on a 1,127
warrant of the county auditor and approved by the board of county 1,128
commissioners. The board of hospital trustees shall file an 1,129
annual report of revenues and expenditures for the fiscal year 1,130
with the board of county commissioners within ninety days after 1,131
the fiscal year's end. 1,132
(E)(C) FOR THE PUBLIC PURPOSE OF IMPROVING THE HEALTH, 1,134
SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE BOARD OF 1,135
HOSPITAL TRUSTEES MAY DONATE TO A NONPROFIT ENTITY ANY OF THE 1,136
FOLLOWING:
(1) MONEYS AND OTHER FINANCIAL ASSETS DETERMINED NOT TO BE 1,138
NECESSARY TO MEET CURRENT DEMANDS ON THE HOSPITAL; 1,140
(2) SURPLUS HOSPITAL PROPERTY, INCLUDING SUPPLIES, 1,142
EQUIPMENT, OFFICE FACILITIES, AND OTHER PROPERTY THAT IS NOT REAL 1,143
ESTATE OR AN INTEREST IN REAL ESTATE; 1,144
(3) SERVICES RENDERED BY THE HOSPITAL. 1,146
(D)(1) For purposes of this division: 1,148
(a) "Bank" has the same meaning as in section 1101.01 of 1,150
the Revised Code. 1,151
(b) "Savings and loan association" has the same meaning as 1,153
in section 1151.01 of the Revised Code. 1,154
28
(c) "Savings bank" has the same meaning as in section 1,156
1161.01 of the Revised Code. 1,157
(2) The board of county hospital trustees may enter into a 1,159
contract for a secured line of credit with a bank, savings and 1,160
loan association, or savings bank if the contract meets all of 1,161
the following requirements: 1,162
(a) The term of the contract does not exceed one hundred 1,164
eighty days. 1,165
(b) The board's secured line of credit does not exceed 1,167
five hundred thousand dollars. 1,168
(c) The contract provides that any amount extended must be 1,170
repaid in full before any additional credit can be extended. 1,171
(d) The contract provides that the bank, savings and loan 1,173
association, or savings bank shall not commence a civil action 1,174
against the board of county commissioners, any member of the 1,175
board, or the county to recover the principal, interest, or any 1,176
charges or other amounts that remain outstanding on the secured 1,177
line of credit at the time of any default by the board of county 1,178
hospital trustees. 1,179
(e) The contract provides that no assets other than those 1,181
of the hospital can be used to secure the line of credit. 1,182
(f) The terms and conditions of the contract comply with 1,184
all state and federal statutes and rules governing the extension 1,185
of a secured line of credit. 1,186
(3) Any obligation incurred by a board of county hospital 1,188
trustees under this division is an obligation of that board only 1,189
and not a general obligation of the board of county commissioners 1,190
or the county within the meaning of division (Q) of section 1,191
133.01 of the Revised Code. 1,192
(4) No board of county hospital trustees shall at any time 1,194
have more than one secured line of credit under this section. 1,195
(F) The board of county hospital trustees shall employ an 1,197
administrator, whose title, salary, and other benefits shall be 1,198
determined by the trustees. The administrator may be removed by 1,199
29
the board whenever the board determines it to be in the best 1,200
interests of the hospital. The administrator or his designee 1,202
shall employ, contract with, or grant privileges to, such 1,203
physicians, nurses, and other employees as are necessary for the 1,205
proper care, control, and management of the county hospital and 1,206
its patients. The board shall adopt the wage and salary schedule 1,207
for the county hospital. Such physicians, nurses, and other 1,208
employees may be suspended or removed by the administrator or his 1,209
designee at any time when the welfare of such institution 1,211
warrants suspension or removal. Such physicians, nurses, and 1,212
other employees, if employed, shall be in the unclassified civil 1,214
service, pursuant to section 124.11 of the Revised Code. The 1,215
administrator and such other employees as the board considers 1,216
necessary shall be bonded in amounts established by the board, 1,217
the expense of which shall be paid out of hospital operating 1,218
funds.
(G)(E) The board shall establish a schedule of charges for 1,220
all services and treatment rendered by the county hospital. It 1,221
may provide for the free treatment in such hospital of soldiers, 1,222
sailors, and marines of the county, under such conditions and 1,223
rules as it prescribes. 1,224
(H)(F) The board may designate the amounts and forms of 1,226
insurance protection to be provided, and the board of county 1,227
commissioners shall assist in obtaining such protection. The 1,228
expense of providing the protection shall be paid from hospital 1,229
operating funds. 1,230
(I)(G) The board of county hospital trustees may authorize 1,232
a county hospital and each of its units, hospital board members, 1,233
designated hospital employees, and medical staff members to be a 1,234
member of and maintain membership in any local, state, or 1,235
national group or association organized and operated for the 1,236
promotion of the public health and welfare or advancement of the 1,237
efficiency of hospital administration and in connection therewith 1,238
to use tax funds for the payment of dues and fees and related 1,239
30
expenses but nothing in this section prohibits the board from 1,240
using receipts from hospital operation, other than tax funds, for 1,241
the payment of such dues and fees. 1,242
(J)(H) THE FOLLOWING APPLY TO THE BOARD OF COUNTY HOSPITAL 1,245
TRUSTEES, ITS EMPLOYEES, AND THE EMPLOYEES OF THE COUNTY 1,246
HOSPITAL: 1,247
(1) THE BOARD SHALL ADOPT THE WAGE AND SALARY SCHEDULE FOR 1,249
EMPLOYEES. 1,250
(2) THE BOARD MAY EMPLOY THE HOSPITAL'S ADMINISTRATOR 1,252
PURSUANT TO SECTION 339.07 OF THE REVISED CODE, AND THE 1,254
ADMINISTRATOR MAY EMPLOY INDIVIDUALS FOR THE HOSPITAL IN
ACCORDANCE WITH THAT SECTION. 1,255
(3) THE BOARD MAY EMPLOY ASSISTANTS AS NECESSARY TO 1,257
PERFORM ITS CLERICAL WORK, SUPERINTEND PROPERLY THE CONSTRUCTION 1,258
OF THE COUNTY HOSPITAL, AND PAY THE HOSPITAL'S EXPENSES. SUCH 1,259
EMPLOYEES MAY BE PAID FROM FUNDS PROVIDED FOR THE COUNTY 1,260
HOSPITAL. 1,261
(4) The board may hire, by contract or as salaried 1,263
employees, such management consultants, accountants, attorneys, 1,264
engineers, architects, construction managers, and other 1,265
professional advisors as it determines are necessary and 1,266
desirable to assist in the management of the programs and 1,267
operation of the county hospital. Such professional advisors may 1,268
be paid from county hospital operating funds. 1,269
(K)(5) Notwithstanding section 325.19 of the Revised Code, 1,271
the board of county hospital trustees may grant to its employees 1,272
any fringe benefits the board determines to be customary and 1,273
usual in the nonprofit hospital field in its community, 1,274
including, but not limited to: 1,275
(1)(a) Additional vacation leave with full pay for 1,277
full-time employees, including full-time hourly rate employees, 1,278
after service of one year; 1,279
(2)(b) Vacation leave and holiday pay for part-time 1,281
employees on a pro rata basis; 1,282
31
(3)(c) Leave with full pay due to death in the employee's 1,284
immediate family, which shall not be deducted from the employee's 1,285
accumulated sick leave; 1,286
(4)(d) Premium pay for working on holidays listed in 1,288
section 325.19 of the Revised Code; 1,289
(5)(e) Moving expenses for new employees; 1,291
(6)(f) Discounts on hospital supplies and services. 1,293
In addition to (6) THE BOARD MAY PROVIDE HOLIDAY LEAVE BY 1,295
OBSERVING MARTIN LUTHER KING DAY, WASHINGTON-LINCOLN DAY, 1,298
COLUMBUS DAY, AND VETERANS' DAY ON DAYS OTHER THAN THOSE 1,299
SPECIFIED IN SECTION 1.14 OF THE REVISED CODE. 1,300
(7) THE BOARD MAY GRANT TO EMPLOYEES the insurance 1,303
benefits authorized by section 339.16 of the Revised Code and 1,304
notwithstanding.
(8) NOTWITHSTANDING section 325.19 of the Revised Code, 1,307
the board may grant to employees, including hourly rate 1,308
employees, such personal holidays as the board determines to be 1,309
customary and usual in the hospital field in its community. 1,310
(9) The board of county hospital trustees may provide 1,312
employee recognition awards and hold employee recognition 1,313
dinners.
(10) THE BOARD MAY GRANT TO EMPLOYEES THE RECRUITMENT AND 1,315
RETENTION BENEFITS SPECIFIED UNDER DIVISION (I) OF THIS SECTION. 1,316
(I) Notwithstanding sections 325.191 and 325.20 of the 1,318
Revised Code, the board of county hospital trustees may provide, 1,319
without the prior authorization of the board of county 1,320
commissioners, scholarships for education in the health care 1,321
professions, tuition reimbursement, and other staff development 1,322
programs to enhance the skills of health care professionals for 1,323
the purpose of recruiting or retaining qualified employees. 1,324
The board of county hospital trustees may pay reasonable 1,326
expenses for recruiting or retaining physicians and other 1,327
appropriate health care practitioners. 1,328
Sec. 339.07. (A) The BOARD OF COUNTY HOSPITAL TRUSTEES 1,338
32
SHALL PROVIDE FOR THE ADMINISTRATION OF THE COUNTY HOSPITAL BY 1,339
DIRECTLY EMPLOYING A HOSPITAL ADMINISTRATOR OR BY ENTERING INTO A 1,340
CONTRACT FOR THE MANAGEMENT OF THE HOSPITAL UNDER WHICH AN 1,341
ADMINISTRATOR IS PROVIDED. WHEN AN ADMINISTRATOR IS EMPLOYED 1,342
DIRECTLY, THE BOARD SHALL ADOPT A JOB DESCRIPTION DELINEATING THE 1,343
ADMINISTRATOR'S POWERS AND DUTIES AND THE BOARD MAY PAY THE 1,344
ADMINISTRATOR'S SALARY AND OTHER BENEFITS FROM FUNDS PROVIDED FOR 1,345
THE HOSPITAL.
(B) DURING THE CONSTRUCTION AND EQUIPPING OF THE HOSPITAL, 1,347
THE administrator of a county hospital shall act in an advisory 1,349
capacity to the board of county hospital trustees during the 1,350
construction and equipping of the county hospital, and after. 1,351
AFTER the hospital is completed he, THE ADMINISTRATOR shall serve 1,353
as the chief executive officer and shall carry out the 1,354
administration of the county hospital according to the policies 1,355
set forth by the board charged with the operation of such 1,356
hospital. The board shall adopt a job description delineating 1,357
the powers and duties of the administrator. 1,358
The administrator shall administer the county hospital, 1,360
make reports, and take any other action that he THE ADMINISTRATOR 1,362
determines is necessary for the operation of the hospital. 1,363
At the end of each fiscal year, the administrator shall 1,365
submit to the board a complete financial statement showing the 1,366
receipts, revenues, and expenditures in detail for the entire 1,367
fiscal year. 1,368
THE ADMINISTRATOR SHALL ENSURE THAT THE HOSPITAL HAS SUCH 1,370
PHYSICIANS, NURSES, AND OTHER EMPLOYEES AS ARE NECESSARY FOR THE 1,371
PROPER CARE, CONTROL, AND MANAGEMENT OF THE COUNTY HOSPITAL AND 1,372
ITS PATIENTS. THE PHYSICIANS, NURSES, AND OTHER EMPLOYEES MAY BE 1,373
SUSPENDED OR REMOVED BY THE ADMINISTRATOR AT ANY TIME THE WELFARE 1,374
OF THE HOSPITAL WARRANTS SUSPENSION OR REMOVAL. THE
ADMINISTRATOR MAY OBTAIN PHYSICIANS, NURSES, AND OTHER EMPLOYEES 1,375
BY DIRECT EMPLOYMENT, ENTERING INTO CONTRACTS, OR GRANTING 1,376
AUTHORITY TO PRACTICE IN THE HOSPITAL. PERSONS EMPLOYED DIRECTLY 1,377
33
SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE, PURSUANT TO SECTION 1,378
124.11 OF THE REVISED CODE.
Sec. 4115.04. (A) Every public authority authorized to 1,387
contract for or construct with its own forces a public 1,388
improvement, before advertising for bids or undertaking such 1,389
construction with its own forces, shall have the bureau of 1,390
employment services determine the prevailing rates of wages of 1,391
mechanics and laborers in accordance with section 4115.05 of the 1,392
Revised Code for the class of work called for by the public 1,393
improvement, in the locality where the work is to be performed. 1,394
Such schedule of wages shall be attached to and made part of the 1,395
specifications for the work, and shall be printed on the bidding 1,396
blanks where the work is done by contract. A copy of the bidding 1,397
blank shall be filed with the bureau before such contract is 1,398
awarded. A minimum rate of wages for common laborers, on work 1,400
coming under the jurisdiction of the department of 1,401
transportation, shall be fixed in each county of the state by 1,402
said department of transportation, in accordance with section 1,403
4115.05 of the Revised Code.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not 1,405
apply to:
(A)(1) Public improvements in any case where the federal 1,407
government or any of its agencies furnishes by loan or grant all 1,410
or any part of the funds used in constructing such improvements, 1,411
provided the federal government or any of its agencies prescribes 1,412
predetermined minimum wages to be paid to mechanics and laborers 1,413
employed in the construction of such improvements; 1,414
(B)(2) A participant in a work activity, developmental 1,417
activity, or an alternative work activity under sections 5107.40 1,419
to 5107.69 of the Revised Code when a public authority directly 1,420
uses the labor of the participant to construct a public
improvement if the participant is not engaged in paid employment 1,422
or subsidized employment pursuant to the activity; 1,423
(C)(3) Public improvements undertaken by, or under 1,425
34
contract for, the board of education of any school district or 1,427
the governing board of any educational service center; 1,428
(4) PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT 1,430
FOR, A COUNTY HOSPITAL OPERATED PURSUANT TO CHAPTER 339. OF THE 1,431
REVISED CODE IF NONE OF THE FUNDS USED IN CONSTRUCTING THE 1,433
IMPROVEMENTS ARE THE PROCEEDS OF BONDS OR OTHER OBLIGATIONS WHICH 1,435
ARE SECURED BY THE FULL FAITH AND CREDIT OF THE STATE, THE 1,436
COUNTY, OR A MUNICIPAL CORPORATION AND NONE OF THE FUNDS USED IN 1,437
CONSTRUCTING THE IMPROVEMENTS, INCLUDING FUNDS USED TO REPAY ANY 1,438
AMOUNTS BORROWED TO CONSTRUCT THE IMPROVEMENTS, ARE FUNDS THAT 1,439
HAVE BEEN APPROPRIATED FOR THAT PURPOSE BY THE BOARD OF COUNTY 1,440
COMMISSIONERS, THE STATE, OR A MUNICIPAL CORPORATION FROM FUNDS 1,441
GENERATED BY THE LEVY OF A TAX; PROVIDED, HOWEVER, THAT A COUNTY 1,443
HOSPITAL MAY ELECT TO APPLY SECTIONS 4115.03 TO 4115.16 OF THE 1,444
REVISED CODE TO A PUBLIC IMPROVEMENT UNDERTAKEN BY, OR UNDER 1,445
CONTRACT FOR, THE COUNTY HOSPITAL. 1,446
Section 2. That existing sections 121.22, 133.07, 149.43, 1,448
325.19, 339.01, 339.03, 339.06, 339.07, and 4115.04 of the 1,450
Revised Code are hereby repealed.
Section 3. Section 133.07 of the Revised Code is presented 1,452
in this act as a composite of the section as amended by both Sub. 1,454
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 1,457
letters. This is in recognition of the principle stated in 1,458
division (B) of section 1.52 of the Revised Code that such 1,459
amendments are to be harmonized where not substantively 1,460
irreconcilable and constitutes a legislative finding that such is 1,461
the resulting version in effect prior to the effective date of 1,462
this act.