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           

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
      (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          

                                                          13     


                                                                 
      (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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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          

                                                          16     


                                                                 
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          

                                                          17     


                                                                 
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.