As Reported by House Local Government and Townships Committee    1            

123rd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 55  5            

      1999-2000                                                    6            


 SENATORS WHITE-SCHAFRATH-SPADA-GARDNER-MUMPER-KEARNS-WACHTMANN-   8            

       REPRESENTATIVES CAREY-HOOPS-O'BRIEN-PETERSON-EVANS          9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 121.22, 133.07, 325.19, 339.01,     12           

                339.03, 339.06, 339.07, and 4115.04 and to enact   13           

                section 339.10 of the Revised Code to make         14           

                changes regarding the authority of boards of       15           

                county hospital trustees.                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 121.22, 133.07, 325.19, 339.01,    18           

339.03, 339.06, 339.07, and 4115.04 be amended and section 339.10  19           

of the Revised Code be enacted to read as follows:                 20           

      Sec. 121.22.  (A)  This section shall be liberally           29           

construed to require public officials to take official action and  30           

to conduct all deliberations upon official business only in open   31           

meetings unless the subject matter is specifically excepted by     32           

law.                                                               33           

      (B)  As used in this section:                                35           

      (1)  "Public body" means any of the following:               37           

      (a)  Any board, commission, committee, council, or similar   39           

decision-making body of a state agency, institution, or            40           

authority, and any legislative authority or board, commission,     41           

committee, council, agency, authority, or similar decision-making  43           

body of any county, township, municipal corporation, school        44           

district, or other political subdivision or local public           45           

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    47           

division (B)(1)(a) of this section;                                48           

                                                          2      


                                                                 
      (c)  A court of jurisdiction of a sanitary district          50           

organized wholly for the purpose of providing a water supply for   51           

domestic, municipal, and public use when meeting for the purpose   53           

of the appointment, removal, or reappointment of a member of the   54           

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        55           

related to such a district other than litigation involving the     56           

district.  As used in division (B)(1)(c) of this section, "court   57           

of jurisdiction" has the same meaning as "court" in section        58           

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       60           

public business of the public body by a majority of its members.   61           

      (3)  "Regulated individual" means either of the following:   63           

      (a)  A student in a state or local public educational        65           

institution;                                                       66           

      (b)  A person who is, voluntarily or involuntarily, an       68           

inmate, patient, or resident of a state or local institution       69           

because of criminal behavior, mental illness or retardation,       70           

disease, disability, age, or other condition requiring custodial   71           

care.                                                              72           

      (C)  All meetings of any public body are declared to be      74           

public meetings open to the public at all times.  A member of a    75           

public body shall be present in person at a meeting open to the    77           

public to be considered present or to vote at the meeting and for  78           

purposes of determining whether a quorum is present at the         79           

meeting.                                                           80           

      The minutes of a regular or special meeting of any public    83           

body shall be promptly prepared, filed, and maintained and shall   84           

be open to public inspection.  The minutes need only reflect the   85           

general subject matter of discussions in executive sessions        86           

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      88           

audit conference conducted by the auditor of state or independent  89           

certified public accountants with officials of the public office   90           

                                                          3      


                                                                 
that is the subject of the audit, to the adult parole authority    91           

when its hearings are conducted at a correctional institution for  92           

the sole purpose of interviewing inmates to determine parole or    93           

pardon, to the organized crime investigations commission           94           

established under section 177.01 of the Revised Code, to the       95           

state medical board when determining whether to suspend a          96           

certificate without a prior hearing pursuant to division (G) of    98           

either section 4730.25 or 4731.22 of the Revised Code, to the      100          

board of nursing when determining whether to suspend a license     101          

without a prior hearing pursuant to division (B) of section        102          

4723.181 of the Revised Code, or to the executive committee of     103          

the emergency response commission when determining whether to      104          

issue an enforcement order or request that a civil action, civil   105          

penalty action, or criminal action be brought to enforce Chapter   106          

3750. of the Revised Code.                                                      

      (E)  The controlling board, the development financing        108          

advisory council, the industrial technology and enterprise         109          

advisory council, the tax credit authority, or the minority        111          

development financing advisory board, when meeting to consider     112          

granting assistance pursuant to Chapter 122. or 166. of the        113          

Revised Code, in order to protect the interest of the applicant    114          

or the possible investment of public funds, by unanimous vote of   115          

all board, council, or authority members present, may close the    117          

meeting during consideration of the following information          119          

confidentially received by the authority, council, or board from   120          

the applicant:                                                     122          

      (1)  Marketing plans;                                        124          

      (2)  Specific business strategy;                             126          

      (3)  Production techniques and trade secrets;                128          

      (4)  Financial projections;                                  130          

      (5)  Personal financial statements of the applicant or       132          

members of the applicant's immediate family, including, but not    133          

limited to, tax records or other similar information not open to   135          

public inspection.                                                 136          

                                                          4      


                                                                 
      The vote by the authority, council, or board to accept or    140          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   143          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           145          

reasonable method whereby any person may determine the time and    146          

place of all regularly scheduled meetings and the time, place,     147          

and purpose of all special meetings.  A public body shall not      148          

hold a special meeting unless it gives at least twenty-four        149          

hours' advance notice to the news media that have requested        150          

notification, except in the event of an emergency requiring        151          

immediate official action.  In the event of an emergency, the      152          

member or members calling the meeting shall notify the news media  153          

that have requested notification immediately of the time, place,   154          

and purpose of the meeting.                                        155          

      The rule shall provide that any person, upon request and     158          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  159          

business is to be discussed.  Provisions for advance notification  160          

may include, but are not limited to, mailing the agenda of         161          

meetings to all subscribers on a mailing list or mailing notices   162          

in self-addressed, stamped envelopes provided by the person.       163          

      (G)  Except as provided in division (J) of this section,     166          

the members of a public body may hold an executive session only    167          

after a majority of a quorum of the public body determines, by a   168          

roll call vote, to hold an executive session and only at a         170          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     171          

      (1)  To consider the appointment, employment, dismissal,     173          

discipline, promotion, demotion, or compensation of a public       174          

employee or official, or the investigation of charges or           175          

complaints against a public employee, official, licensee, or       176          

regulated individual, unless the public employee, official,        177          

licensee, or regulated individual requests a public hearing.       178          

                                                          5      


                                                                 
Except as otherwise provided by law, no public body shall hold an  179          

executive session for the discipline of an elected official for    180          

conduct related to the performance of the elected official's       181          

official duties or for the elected official's removal from         183          

office.  If a public body holds an executive session pursuant to   185          

division (G)(1) of this section, the motion and vote to hold that  186          

executive session shall state which one or more of the approved    187          

purposes listed in division (G)(1) of this section are the         188          

purposes for which the executive session is to be held, but need   189          

not include the name of any person to be considered at the         190          

meeting.                                                                        

      (2)  To consider the purchase of property for public         192          

purposes, or for the sale of property at competitive bidding, if   193          

premature disclosure of information would give an unfair           194          

competitive or bargaining advantage to a person whose personal,    195          

private interest is adverse to the general public interest.  No    196          

member of a public body shall use division (G)(2) of this section  198          

as a subterfuge for providing covert information to prospective    200          

buyers or sellers.  A purchase or sale of public property is void  201          

if the seller or buyer of the public property has received covert  202          

information from a member of a public body that has not been       203          

disclosed to the general public in sufficient time for other       204          

prospective buyers and sellers to prepare and submit offers.       205          

      If the minutes of the public body show that all meetings     207          

and deliberations of the public body have been conducted in        208          

compliance with this section, any instrument executed by the       209          

public body purporting to convey, lease, or otherwise dispose of   210          

any right, title, or interest in any public property shall be      211          

conclusively presumed to have been executed in compliance with     212          

this section insofar as title or other interest of any bona fide   213          

purchasers, lessees, or transferees of the property is concerned.  214          

      (3)  Conferences with an attorney for the public body        216          

concerning disputes involving the public body that are the         217          

subject of pending or imminent court action;                       218          

                                                          6      


                                                                 
      (4)  Preparing for, conducting, or reviewing negotiations    220          

or bargaining sessions with public employees concerning their      221          

compensation or other terms and conditions of their employment;    222          

      (5)  Matters required to be kept confidential by federal     224          

law or regulations or state statutes;                              225          

      (6)  Specialized details of security arrangements if         227          

disclosure of the matters discussed might reveal information that  228          

could be used for the purpose of committing, or avoiding           229          

prosecution for, a violation of the law;                           230          

      (7)  IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO   232          

CHAPTER 339. OF THE REVISED CODE, TO CONSIDER TRADE SECRETS, AS    234          

DEFINED IN SECTION 1333.61 OF THE REVISED CODE.                                 

      If a public body holds an executive session to consider any  236          

of the matters listed in divisions (G)(2) to (6)(7) of this        237          

section, the motion and vote to hold that executive session shall  239          

state which one or more of the approved matters listed in those    240          

divisions are to be considered at the executive session.           241          

      A public body specified in division (B)(1)(c) of this        244          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               245          

      (H)  A resolution, rule, or formal action of any kind is     247          

invalid unless adopted in an open meeting of the public body.  A   248          

resolution, rule, or formal action adopted in an open meeting      249          

that results from deliberations in a meeting not open to the       250          

public is invalid unless the deliberations were for a purpose      251          

specifically authorized in division (G) or (J) of this section     252          

and conducted at an executive session held in compliance with      253          

this section.  A resolution, rule, or formal action adopted in an  254          

open meeting is invalid if the public body that adopted the        255          

resolution, rule, or formal action violated division (F) of this   256          

section.                                                           257          

      (I)(1)  Any person may bring an action to enforce this       259          

section.  An action under division (I)(1) of this section shall    261          

be brought within two years after the date of the alleged          262          

                                                          7      


                                                                 
violation or threatened violation.  Upon proof of a violation or   263          

threatened violation of this section in an action brought by any   264          

person, the court of common pleas shall issue an injunction to     265          

compel the members of the public body to comply with its           266          

provisions.                                                        267          

      (2)(a)  If the court of common pleas issues an injunction    269          

pursuant to division (I)(1) of this section, the court shall       270          

order the public body that it enjoins to pay a civil forfeiture    271          

of five hundred dollars to the party that sought the injunction    272          

and shall award to that party all court costs and, subject to      273          

reduction as described in division (I)(2) of this section,         275          

reasonable attorney's fees.  The court, in its discretion, may     276          

reduce an award of attorney's fees to the party that sought the    277          

injunction or not award attorney's fees to that party if the       278          

court determines both of the following:                            279          

      (i)  That, based on the ordinary application of statutory    281          

law and case law as it existed at the time of violation or         282          

threatened violation that was the basis of the injunction, a       283          

well-informed public body reasonably would believe that the        284          

public body was not violating or threatening to violate this       285          

section;                                                           286          

      (ii)  That a well-informed public body reasonably would      288          

believe that the conduct or threatened conduct that was the basis  289          

of the injunction would serve the public policy that underlies     290          

the authority that is asserted as permitting that conduct or       291          

threatened conduct.                                                292          

      (b)  If the court of common pleas does not issue an          294          

injunction pursuant to division (I)(1) of this section and the     295          

court determines at that time that the bringing of the action was  296          

frivolous conduct, as defined in division (A) of section 2323.51   297          

of the Revised Code, the court shall award to the public body all  298          

court costs and reasonable attorney's fees, as determined by the   299          

court.                                                             300          

      (3)  Irreparable harm and prejudice to the party that        302          

                                                          8      


                                                                 
sought the injunction shall be conclusively and irrebuttably       303          

presumed upon proof of a violation or threatened violation of      304          

this section.                                                      305          

      (4)  A member of a public body who knowingly violates an     307          

injunction issued pursuant to division (I)(1) of this section may  308          

be removed from office by an action brought in the court of        309          

common pleas for that purpose by the prosecuting attorney or the   310          

attorney general.                                                  311          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   313          

Revised Code, a veterans service commission shall hold an          314          

executive session for one or more of the following purposes        315          

unless an applicant requests a public hearing:                     316          

      (a)  Interviewing an applicant for financial assistance      318          

under sections 5901.01 to 5901.15 of the Revised Code;             319          

      (b)  Discussing applications, statements, and other          321          

documents described in division (B) of section 5901.09 of the      322          

Revised Code;                                                      323          

      (c)  Reviewing matters relating to an applicant's request    325          

for financial assistance under sections 5901.01 to 5901.15 of the  326          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      328          

applicant for, recipient of, or former recipient of financial      329          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  330          

and shall not exclude representatives selected by the applicant,   332          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   333          

applicant's, recipient's, or former recipient's application for    334          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   336          

or denial of financial assistance under sections 5901.01 to        337          

5901.15 of the Revised Code only in an open meeting of the         339          

commission.  The minutes of the meeting shall indicate the name,   340          

address, and occupation of the applicant, whether the assistance   341          

was granted or denied, the amount of the assistance if assistance  342          

                                                          9      


                                                                 
is granted, and the votes for and against the granting of          343          

assistance.                                                                     

      Sec. 133.07.  (A)  A county shall not incur, without a vote  354          

of the electors, either of the following:                          355          

      (1)  Net indebtedness for all purposes that exceeds an       357          

amount equal to one per cent of its tax valuation;                 358          

      (2)  Net indebtedness for the purpose of paying the          360          

county's share of the cost of the construction, improvement,       361          

maintenance, or repair of state highways that exceeds an amount    362          

equal to one-half of one per cent of its tax valuation.            363          

      (B)  A county shall not incur total net indebtedness that    365          

exceeds an amount equal to one of the following limitations that   367          

applies to the county:                                                          

      (1)  A county with a valuation not exceeding one hundred     369          

million dollars, three per cent of that tax valuation;             370          

      (2)  A county with a tax valuation exceeding one hundred     372          

million dollars but not exceeding three hundred million dollars,   373          

three million dollars plus one and one-half per cent of that tax   374          

valuation in excess of one hundred million dollars;                375          

      (3)  A county with a tax valuation exceeding three hundred   377          

million dollars, six million dollars plus two and one-half per     378          

cent of that tax valuation in excess of three hundred million      379          

dollars.                                                           380          

      (C)  In calculating the net indebtedness of a county, none   382          

of the following securities shall be considered:                   383          

      (1)  Securities described in section 307.201 of the Revised  385          

Code;                                                              386          

      (2)  Self-supporting securities issued for any purposes,     388          

including, but not limited to, any of the following general        389          

purposes:                                                          390          

      (a)  Water systems or facilities;                            392          

      (b)  Sanitary sewerage systems or facilities, or surface     394          

and storm water drainage and sewerage systems or facilities, or a  395          

combination of those systems or facilities;                        396          

                                                          10     


                                                                 
      (c)  County or joint county scrap tire collection, storage,  398          

monocell, monofill, or recovery facilities, or any combination of  399          

those facilities;                                                  400          

      (d)  Off-street parking lots, facilities, or buildings, or   402          

on-street parking facilities, or any combination of off-street     403          

and on-street parking facilities;                                  404          

      (e)  Facilities for the care or treatment of the sick or     406          

infirm, and for housing the persons providing that care or         407          

treatment and their families;                                      408          

      (f)  Recreational, sports, convention, auditorium, museum,   410          

trade show, and other public attraction facilities;                411          

      (g)  Facilities for natural resources exploration,           413          

development, recovery, use, and sale;                              414          

      (h)  Correctional and detention facilities and related       416          

rehabilitation facilities.                                         417          

      (3)  Securities issued for the purpose of purchasing,        419          

constructing, improving, or extending water or sanitary or         420          

surface and storm water sewerage systems or facilities, or a       421          

combination of those systems or facilities, to the extent that an  422          

agreement entered into with another subdivision requires the       423          

other subdivision to pay to the county amounts equivalent to debt  424          

charges on the securities;                                         425          

      (4)  Voted general obligation securities issued for the      427          

purpose of permanent improvements for sanitary sewerage or water   428          

systems or facilities to the extent that the total principal       429          

amount of voted securities outstanding for the purpose does not    430          

exceed an amount equal to two per cent of the county's tax         431          

valuation;                                                         432          

      (5)  Securities issued for permanent improvements to house   434          

agencies, departments, boards, or commissions of the county or of  435          

any municipal corporation located, in whole or in part, in the     436          

county, to the extent that the revenues, other than revenues from  437          

unvoted county property taxes, derived from leases or other        438          

agreements between the county and those agencies, departments,     439          

                                                          11     


                                                                 
boards, commissions, or municipal corporations relating to the     440          

use of the permanent improvements are sufficient to cover the      441          

cost of all operating expenses of the permanent improvements paid  442          

by the county and debt charges on the securities;                  443          

      (6)  Securities issued pursuant to section 133.08 of the     445          

Revised Code;                                                      446          

      (7)  Securities issued for the purpose of acquiring or       448          

constructing roads, highways, bridges, or viaducts, for the        449          

purpose of acquiring or making other highway permanent             450          

improvements, or for the purpose of procuring and maintaining      451          

computer systems for the office of the clerk of any                452          

county-operated municipal court, for the office of the clerk of    453          

the court of common pleas, or for the office of the clerk of the   454          

probate, juvenile, or domestic relations division of the court of  455          

common pleas to the extent that the legislation authorizing the    456          

issuance of the securities includes a covenant to appropriate      457          

from moneys distributed to the county pursuant to division (B) of  458          

section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or     459          

Chapter 4501., 4503., 4504., or 5735. of the Revised Code a        460          

sufficient amount to cover debt charges on and financing costs     461          

relating to the securities as they become due;                     462          

      (8)  Securities issued for the purpose of acquiring,         464          

constructing, improving, and equipping a county, multicounty, or   465          

multicounty-municipal jail, workhouse, juvenile detention          466          

facility, or correctional facility;                                467          

      (9)  Securities issued for the acquisition, construction,    469          

equipping, or repair of any permanent improvement or any class or  470          

group of permanent improvements enumerated in a resolution         471          

adopted pursuant to division (D) of section 5739.026 of the        472          

Revised Code to the extent that the legislation authorizing the    473          

issuance of the securities includes a covenant to appropriate      474          

from moneys received from the taxes authorized under section       475          

5739.023 and division (A)(5) of section 5739.026 of the Revised    476          

Code an amount sufficient to pay debt charges on the securities    477          

                                                          12     


                                                                 
and those moneys shall be pledged for that purpose;                478          

      (10)  Securities issued for county or joint county solid     480          

waste or hazardous waste collection, transfer, or disposal         481          

facilities, or resource recovery and solid or hazardous waste      482          

recycling facilities, or any combination of those facilities;      483          

      (11)  Securities issued for the acquisition, construction,   485          

and equipping of a port authority educational and cultural         486          

facility under section 307.671 of the Revised Code;                487          

      (12)  Securities issued for the acquisition, construction,   489          

equipping, and improving of a municipal educational and cultural   490          

facility under division (B)(1) of section 307.672 of the Revised   491          

Code;                                                              492          

      (13)  Securities issued for energy conservation measures     494          

under section 307.041 of the Revised Code;                         495          

      (14)  Securities issued for the acquisition, construction,   497          

equipping, improving, or repair of a sports facility, including    498          

obligations issued to pay costs of a sports facility under         499          

section 307.673 of the Revised Code;                                            

      (15)  Securities issued under section 755.17 of the Revised  501          

Code if the legislation authorizing issuance of the securities     502          

includes a covenant to appropriate from revenue received from a    503          

tax authorized under division (A)(5) of section 5739.026 and       504          

section 5741.023 of the Revised Code an amount sufficient to pay   505          

debt charges on the securities, and the board of county            506          

commissioners pledges that revenue for that purpose, pursuant to                

section 755.171 of the Revised Code;                               507          

      (16)  Sales tax supported bonds issued pursuant to section   509          

133.081 of the Revised Code for the purpose of acquiring,          511          

constructing, improving, or equipping any permanent improvement    512          

to the extent that the legislation authorizing the issuance of     513          

the sales tax supported bonds pledges county sales taxes to the    514          

payment of debt charges on the sales tax supported bonds and       515          

contains a covenant to appropriate from county sales taxes a       516          

sufficient amount to cover debt charges or the financing costs     517          

                                                          13     


                                                                 
related to the sales tax supported bonds as they become due.       518          

      (17)  Bonds or notes issued under section 133.60 of the      520          

Revised Code if the legislation authorizing issuance of the bonds  522          

or notes includes a covenant to appropriate from revenue received               

from a tax authorized under division (A)(9) of section 5739.026    523          

and section 5741.023 of the Revised Code an amount sufficient to   524          

pay the debt charges on the bonds or notes, and the board of       525          

county commissioners pledges that revenue for that purpose.        526          

      (17)(18)  Securities issued under section 3707.55 of the     528          

Revised Code for the acquisition of real property by a general     529          

health district.                                                   530          

      (D)  In calculating the net indebtedness of a county, no     532          

obligation incurred under division (E)(D) of section 339.06 of     533          

the Revised Code shall be considered.                              535          

      Sec. 325.19.  (A)(1)  The granting of vacation leave under   544          

division (A)(1) of this section is subject to divisions (A)(2)     545          

and (3) of this section.  Each full-time employee in the several   546          

offices and departments of the county service, including           547          

full-time hourly rate employees, after service of one year with    548          

the county or any political subdivision of the state, shall have   549          

earned and will be due upon the attainment of the first year of    550          

employment, and annually thereafter, eighty hours of vacation      551          

leave with full pay.  One year of service shall be computed on     552          

the basis of twenty-six biweekly pay periods.  A full-time county  553          

employee with eight or more years of service with the county or    554          

any political subdivision of the state shall have earned and is    555          

entitled to one hundred twenty hours of vacation leave with full   556          

pay.  A full-time county employee with fifteen or more years of    557          

service with the county or any political subdivision of the state  558          

shall have earned and is entitled to one hundred sixty hours of    559          

vacation leave with full pay.  A full-time county employee with    560          

twenty-five years of service with the county or any political      561          

subdivision of the state shall have earned and is entitled to two  562          

hundred hours of vacation leave with full pay.  Such vacation      563          

                                                          14     


                                                                 
leave shall accrue to the employee at the rate of three and        564          

one-tenth hours each biweekly period for those entitled to eighty  565          

hours per year; four and six-tenths hours each biweekly period     566          

for those entitled to one hundred twenty hours per year; six and   567          

two-tenths hours each biweekly period for those entitled to one    568          

hundred sixty hours per year; and seven and seven-tenths hours     569          

each biweekly period for those entitled to two hundred hours per   570          

year.                                                              571          

      (2)  Full-time employees granted vacation leave under        573          

division (A)(1) of this section who render any standard of         574          

service other than forty hours per week as described in division   575          

(J) of this section and who are in active pay status in a          576          

biweekly pay period, shall accrue a number of hours of vacation    577          

leave during each such pay period that bears the same ratio to     578          

the number of hours specified in division (A)(1) of this section   579          

as their number of hours which are accepted as full-time in        580          

active pay status, excluding overtime hours, bears to eighty       581          

hours.                                                             582          

      (3)  Full-time employees granted vacation leave under        584          

division (A)(1) of this section who are in active pay status in a  585          

biweekly pay period for less than eighty hours or the number of    586          

hours of service otherwise accepted as full-time by their          587          

employing office or department shall accrue a number of hours of   588          

vacation leave during that pay period that bears the same ratio    589          

to the number of hours specified in division (A)(1) of this        590          

section as their number of hours in active pay status, excluding   591          

overtime hours, bears to eighty or the number of hours of service  592          

accepted as full-time, whichever is applicable.                    593          

      (B)  A board of county commissioners, by resolution, may     595          

grant vacation leave with full pay to part-time county employees.  596          

A part-time county employee shall be eligible for vacation leave   597          

with full pay upon the attainment of the first year of             598          

employment, and annually thereafter.  The ratio between the hours  599          

worked and the vacation hours awarded to a part-time employee      600          

                                                          15     


                                                                 
shall be the same as the ratio between the hours worked and the    601          

vacation hours earned by a full-time employee as provided for in   602          

this section.                                                      603          

      (C)  Days specified as holidays in section 124.19 of the     605          

Revised Code shall not be charged to an employee's vacation        606          

leave.  Vacation leave shall be taken by the employee during the   607          

year in which it accrued and prior to the next recurrence of the   608          

anniversary date of the employee's employment, provided the        609          

appointing authority may, in special and meritorious cases,        610          

permit such employee to accumulate and carry over his vacation     611          

leave to the following year.  No vacation leave shall be carried   612          

over for more than three years.  An employee is entitled to        613          

compensation, at the employee's current rate of pay, for the       614          

prorated portion of any earned but unused vacation leave for the   615          

current year to the employee's credit at time of separation, and   616          

in addition shall be compensated for any unused vacation leave     617          

accrued to the employee's credit, with the permission of the       618          

appointing authority, for the three years immediately preceding                 

the last anniversary date of employment.                           619          

      (D)(1)  In addition to vacation leave, a full-time county    621          

employee is entitled to eight hours of holiday pay for New Year's  622          

day, Martin Luther King day, Washington-Lincoln day, Memorial      623          

day, Independence day, Labor day, Columbus day, Veterans' day,     624          

Thanksgiving day, and Christmas day, of each year.  Except as      626          

provided in division (D)(2) of this section, holidays shall occur  627          

on the days specified in section 1.14 of the Revised Code.  In     628          

the event that any of the aforesaid holidays fall on Saturday,     629          

the Friday immediately preceding shall be observed as the          630          

holiday.  In the event that any of the aforesaid holidays fall on  631          

Sunday, the Monday immediately succeeding shall be observed as     632          

the holiday.  If an employee's work schedule is other than Monday  633          

through Friday, the employee is entitled to holiday pay for        634          

holidays observed on the employee's day off regardless of the day  635          

of the week on which they are observed.                                         

                                                          16     


                                                                 
      (2)(a)  When a classified employee of a county board of      637          

mental retardation and developmental disabilities works at a site  638          

maintained by a government entity other than the board, such as a  639          

public school, the board may adjust the employee's holiday         640          

schedule to conform to the schedule adopted by the government      641          

entity.  Under an adjusted holiday schedule, an employee shall                  

receive the number of hours of holiday pay granted under division  642          

(D)(1) of this section.                                            643          

      (b)  PURSUANT TO DIVISION (H)(6) OF SECTION 339.06 OF THE    645          

REVISED CODE, A COUNTY HOSPITAL MAY OBSERVE MARTIN LUTHER KING     646          

DAY, WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND VETERANS' DAY ON    648          

DAYS OTHER THAN THOSE SPECIFIED IN SECTION 1.14 OF THE REVISED     649          

CODE.                                                                           

      (E)  In the case of the death of a county employee, the      651          

unused vacation leave and unpaid overtime to the credit of any     652          

such employee, shall be paid in accordance with section 2113.04    653          

of the Revised Code, or to the employee's estate.                  654          

      (F)  Notwithstanding this section or any other section of    656          

the Revised Code, any appointing authority of a county office,     657          

department, commission, board, or body may, upon notification to   658          

the board of county commissioners, establish alternative           659          

schedules of vacation leave and holidays for employees of the      660          

appointing authority for whom the state employment relations       661          

board has not established an appropriate bargaining unit pursuant  662          

to section 4117.06 of the Revised Code, provided that the          663          

alternative schedules are not inconsistent with the provisions of  664          

a collective bargaining agreement covering other employees of      665          

that appointing authority.                                         666          

      (G)  The employees of a county children services board that  668          

establishes vacation benefits under section 5153.12 of the         669          

Revised Code are exempt from division (A) of this section.         670          

      (H)  The provisions of this section do not apply to          672          

superintendents and management employees of county boards of       673          

mental retardation and developmental disabilities.                 674          

                                                          17     


                                                                 
      (I)  Division (A) of this section does not apply to an       676          

employee of a county board of mental retardation and               677          

developmental disabilities who works at, or provides               678          

transportation services to pupils of, a special education program  679          

provided by the county board pursuant to division (A)(4) of                     

section 5126.05 of the Revised Code, if the employee's employment  680          

is based on a school year and the employee is not subject to a     681          

contract with the county board that provides for division (A) of   682          

this section to apply to the employee.                                          

      (J)  As used in this section:                                684          

      (1)  "Full-time employee" means an employee whose regular    686          

hours of service for a county total forty hours per week, or who   687          

renders any other standard of service accepted as full-time by an  688          

office, department, or agency of county service.                   689          

      (2)  "Part-time employee" means an employee whose regular    691          

hours of service for a county total less than forty hours per      692          

week, or who renders any other standard of service accepted as     693          

part-time by an office, department, or agency of county service,   694          

and whose hours of county service total at least five hundred      695          

twenty hours annually.                                             696          

      (3)  "Management employee" has the same meaning as in        698          

section 5126.20 of the Revised Code.                               699          

      Sec. 339.01.  (A)  As used in sections 339.01 to 339.17 of   708          

the Revised Code:                                                  709          

      (1)  "Hospital facilities" has the meaning given in section  711          

140.01 of the Revised Code.                                        712          

      (2)  "County hospital" includes all of the county            714          

hospital's branches and hospital facilities, wherever located.     715          

      (3)  "Outpatient health facility" means a facility where     717          

medical care and preventive, diagnostic, therapeutic,              718          

rehabilitative, or palliative items or services are provided to    719          

outpatients by or under the direction of a physician or dentist.   720          

      (B)  The A board of county commissioners may purchase,       722          

acquire, lease, appropriate, and construct a county hospital or    723          

                                                          18     


                                                                 
hospital facilities thereof.  After a county hospital or hospital  724          

facilities have been fully completed and sufficiently equipped     725          

for occupancy, any subsequent improvements, enlargements, or       726          

rebuilding of any such facility shall be made by the board of      727          

county hospital trustees or a hospital commission appointed        728          

pursuant to section 339.14 of the Revised Code.                    729          

      (C)(1)  A BOARD OF COUNTY COMMISSIONERS, board of county     731          

hospital trustees, or a hospital commission may purchase,          733          

acquire, lease, appropriate, or construct an outpatient health     734          

facility in another county, which TO SERVE AS A BRANCH OF THE      735          

COUNTY HOSPITAL.  THE OUTPATIENT HEALTH FACILITY may include       737          

office space for physicians.  The facility shall be a branch of    738          

the county hospital and shall be operated pursuant to the law      739          

that regulates the operation of the county hospital.  A board of   740          

county hospital trustees or a hospital commission that proposes    741          

to establish such a facility shall give written notice to ITS      742          

BOARD OF COUNTY COMMISSIONERS AND TO the board of county                        

commissioners of the county where the facility is to be located.   744          

THE BOARD OF COUNTY COMMISSIONERS WHERE THE FACILITY IS TO BE      746          

LOCATED, BY RESOLUTION ADOPTED WITHIN FORTY DAYS AFTER RECEIPT OF  747          

THE NOTICE, MAY OBJECT TO THE PROPOSED FACILITY.  THE RESOLUTION   748          

SHALL INCLUDE AN EXPLANATION OF THE OBJECTION AND MAY MAKE ANY     749          

RECOMMENDATIONS THE BOARD CONSIDERS NECESSARY.  THE BOARD SHALL    750          

SEND A COPY OF THE RESOLUTION TO THE BOARD OF COUNTY HOSPITAL      751          

TRUSTEES OR THE HOSPITAL COMMISSION AND TO THE BOARD OF COUNTY     752          

COMMISSIONERS OF THE COUNTY THAT PROPOSES TO LOCATE THE FACILITY   753          

IN THE OTHER COUNTY.                                                            

      (2)  Except as provided in division (C)(3) of this section,  755          

the board OF COUNTY HOSPITAL TRUSTEES or THE HOSPITAL commission   756          

may establish and operate the facility, unless the board of        758          

county commissioners of the county where PROPOSING TO LOCATE the   759          

facility is to be located IN THE OTHER COUNTY, not later than      760          

sixty TWENTY days after receiving the notice A RESOLUTION OF       762          

OBJECTION FROM THE OTHER COUNTY'S BOARD OF COUNTY COMMISSIONERS    763          

                                                          19     


                                                                 
PURSUANT TO DIVISION (C)(1) OF THIS SECTION, adopts a resolution   764          

denying the trustees or commission the right to establish the      765          

facility.                                                                       

      (3)  If a board of county commissioners provides a subsidy   767          

for uncompensated care to a board of county hospital trustees or   768          

hospital commission, the board of county hospital trustees or      769          

hospital commission may establish and operate the outpatient       770          

health facility only if that board of county commissioners         771          

approves the establishment of the facility.  Even if the board     772          

approves the establishment of the facility, it shall not           773          

appropriate any funds generated by a tax levied under section      774          

5705.191 of the Revised Code to finance the acquisition,           775          

construction, repair, maintenance, or operation of such a          776          

facility located outside the county.                               777          

      (D)  A county hospital may be designated as a monument to    779          

commemorate the services of the soldiers, sailors, marines, and    780          

pioneers of the county.                                            781          

      Sec. 339.03.  The board of county hospital trustees shall    790          

have complete charge of the selection and purchase or lease of a   791          

site or sites for a county hospital, taking title or leasehold     792          

interest to such site or sites in the name of the county, the      793          

selection of plans and specifications, the determination and       794          

erection of all necessary buildings on such site or sites, and of  795          

the selection and installation of all necessary and proper         796          

furniture, fixtures, and equipment.  The board of county hospital  797          

trustees may make capital improvements, including the purchase of  798          

equipment, and may finance such improvements through hospital      799          

revenues or other hospital funds.  The board may issue revenue     800          

obligations, pursuant to section 140.06 or 339.15 of the Revised   801          

Code, or revenue bonds pursuant to section 133.08 of the Revised   802          

Code.                                                              803          

      A board of county hospital trustees may construct an         805          

addition to the county hospital, acquire an existing structure     806          

for the purpose of leasing office space to local physicians, or    807          

                                                          20     


                                                                 
lease real property to any person to construct facilities for      808          

providing medical services other than inpatient hospital services  809          

if the board of county hospital trustees determines that such      810          

purpose is reasonably related to the proper operation of the       811          

county hospital.                                                   812          

      The trustees shall serve without compensation, but shall be  814          

allowed their necessary and reasonable expenses incurred in the    815          

performance of their duties, including the cost of their           816          

participation in such continuing education programs or             817          

developmental programs as the trustees consider necessary.  Such   818          

expenses shall be paid out of the funds provided for such          819          

hospital.  The board of county hospital trustees may employ such   820          

help as is necessary to perform its clerical work, superintend     821          

properly the construction of such hospital, and pay the expenses   822          

thereof, including the salary and benefits of the administrator    823          

as provided in section 339.06 of the Revised Code, out of the      824          

funds provided for such hospital.                                  825          

      The board of county hospital trustees may employ RETAIN      827          

counsel and institute legal action in its own name for the         828          

collection of delinquent accounts.  The board may also employ any  829          

other lawful means for the collection of delinquent accounts.      830          

      Each trustee shall be bonded for the proper performance of   832          

his duties, in such sum as the board of county commissioners       834          

requires, with sureties to its approval.  The expense of so        835          

bonding each trustee shall be paid from hospital operating funds.  836          

      Sec. 339.06.  (A)  The board of county hospital trustees     845          

shall, upon completion of construction or leasing and equipping    846          

of the A county hospital, SHALL assume and continue the operation  848          

of such THE hospital.  The board shall have the entire management  849          

and control of the hospital, and shall establish such rules for    850          

its government and the admission of persons as are expedient.      851          

      The board has control of the property of the hospital,       853          

including management and disposal of surplus property other than   854          

real estate or an interest in real estate, and has control of all  855          

                                                          21     


                                                                 
funds used in the hospital's operation.  The administrator or his  856          

designee shall deposit all, INCLUDING moneys received from the     858          

operation of the hospital or, MONEYS appropriated for its          859          

operation by the board of county commissioners, or AND MONEYS      861          

resulting from special levies submitted by the board of county     863          

commissioners as provided for in section 5705.22 of the Revised    864          

Code, to the hospital's credit in banks or trust companies         865          

designated by the board of county hospital trustees, which fund    866          

shall be known as the hospital operating fund.  The administrator  867          

or his designee may deposit funds not needed for immediate         869          

expenses in interest-bearing or noninterest-bearing accounts or    870          

United States government obligations.  Such banks or trust         871          

companies shall furnish security for all such deposits, whether    872          

interest bearing or noninterest bearing, except that no such       873          

security is required for United States government obligations,     874          

notwithstanding sections 135.01 to 135.21 of the Revised Code.     875          

ALL OR PART OF THE MONEYS DETERMINED NOT TO BE NECESSARY TO MEET   876          

CURRENT DEMANDS ON THE HOSPITAL MAY BE INVESTED BY THE BOARD OF    877          

HOSPITAL TRUSTEES OR ITS DESIGNEE IN ANY CLASSIFICATIONS OF        878          

SECURITIES AND OBLIGATIONS ELIGIBLE FOR DEPOSIT OR INVESTMENT OF   879          

COUNTY MONEYS PURSUANT TO SECTION 135.35 OF THE REVISED CODE,                   

SUBJECT TO THE APPROVAL OF THE BOARD'S WRITTEN INVESTMENT POLICY   880          

BY THE COUNTY INVESTMENT ADVISORY COMMITTEE ESTABLISHED PURSUANT   881          

TO SECTION 135.341 OF THE REVISED CODE.                                         

      (B)  Annually by the first day of November, the board of     883          

county hospital trustees shall submit its proposed budget for the  884          

ensuing fiscal year to the board of county commissioners for       885          

approval, and the board of county commissioners shall approve a    886          

budget for the county hospital by the first day of December.  If   887          

the taxes collected pursuant to any tax levied under section       888          

5705.22 of the Revised Code, or the amount appropriated to the     889          

county hospital by the commissioners in the annual appropriation   890          

measure for the county for the ensuing fiscal year differ from     891          

the amount shown in the approved budget, the board of county       892          

                                                          22     


                                                                 
commissioners may require the board of county hospital trustees    893          

to revise the hospital budget accordingly.  The board of trustees  894          

shall not expend such funds until its budget for that calendar     895          

year is submitted to and approved by the board of county           896          

commissioners.  Thereafter such funds may be disbursed by the      897          

board of county hospital trustees, consistent with the approved    898          

budget, for the uses and purposes of such hospital,; for the       899          

replacement of necessary equipment, or; for the acquiring of       901          

ACQUISITION, leasing, or construction of permanent improvements    902          

to county hospital property,; OR FOR MAKING A DONATION AUTHORIZED  903          

BY DIVISION (C) OF THIS SECTION.  EACH DISBURSEMENT OF FUNDS       904          

SHALL BE MADE on a voucher signed by signatories designated and    906          

approved by the board of county hospital trustees.                              

      (C)  The head of a board of county hospital trustees is not  908          

required to file an estimate of contemplated revenue and           909          

expenditures for the ensuing fiscal year under section 5705.28 of  910          

the Revised Code unless the board of county commissioners levies   911          

a tax for the county hospital, or such a tax is proposed, or the   912          

board of county hospital trustees desires that the board of        913          

county commissioners make an appropriation to the county hospital  914          

for the ensuing fiscal year.                                       915          

      (D)  All moneys appropriated by the board of county          917          

commissioners or from special levies by the board of county        918          

commissioners for the operation of the hospital, when collected    919          

shall be paid to the board of county hospital trustees on a        920          

warrant of the county auditor and approved by the board of county  921          

commissioners.  The board of hospital trustees shall file an       922          

annual report of revenues and expenditures for the fiscal year     923          

with the board of county commissioners within ninety days after    924          

the fiscal year's end.                                             925          

      (E)(C)  FOR THE PUBLIC PURPOSE OF IMPROVING THE HEALTH,      927          

SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE BOARD OF         928          

HOSPITAL TRUSTEES MAY DONATE TO A NONPROFIT ENTITY ANY OF THE      929          

FOLLOWING:                                                                      

                                                          23     


                                                                 
      (1)  MONEYS AND OTHER FINANCIAL ASSETS DETERMINED NOT TO BE  931          

NECESSARY TO MEET CURRENT DEMANDS ON THE HOSPITAL;                 933          

      (2)  SURPLUS HOSPITAL PROPERTY, INCLUDING SUPPLIES,          935          

EQUIPMENT, OFFICE FACILITIES, AND OTHER PROPERTY THAT IS NOT REAL  936          

ESTATE OR AN INTEREST IN REAL ESTATE;                              937          

      (3)  SERVICES RENDERED BY THE HOSPITAL.                      939          

      (D)(1)  For purposes of this division:                       941          

      (a)  "Bank" has the same meaning as in section 1101.01 of    943          

the Revised Code.                                                  944          

      (b)  "Savings and loan association" has the same meaning as  946          

in section 1151.01 of the Revised Code.                            947          

      (c)  "Savings bank" has the same meaning as in section       949          

1161.01 of the Revised Code.                                       950          

      (2)  The board of county hospital trustees may enter into a  952          

contract for a secured line of credit with a bank, savings and     953          

loan association, or savings bank if the contract meets all of     954          

the following requirements:                                        955          

      (a)  The term of the contract does not exceed one hundred    957          

eighty days.                                                       958          

      (b)  The board's secured line of credit does not exceed      960          

five hundred thousand dollars.                                     961          

      (c)  The contract provides that any amount extended must be  963          

repaid in full before any additional credit can be extended.       964          

      (d)  The contract provides that the bank, savings and loan   966          

association, or savings bank shall not commence a civil action     967          

against the board of county commissioners, any member of the       968          

board, or the county to recover the principal, interest, or any    969          

charges or other amounts that remain outstanding on the secured    970          

line of credit at the time of any default by the board of county   971          

hospital trustees.                                                 972          

      (e)  The contract provides that no assets other than those   974          

of the hospital can be used to secure the line of credit.          975          

      (f)  The terms and conditions of the contract comply with    977          

all state and federal statutes and rules governing the extension   978          

                                                          24     


                                                                 
of a secured line of credit.                                       979          

      (3)  Any obligation incurred by a board of county hospital   981          

trustees under this division is an obligation of that board only   982          

and not a general obligation of the board of county commissioners  983          

or the county within the meaning of division (Q) of section        984          

133.01 of the Revised Code.                                        985          

      (4)  No board of county hospital trustees shall at any time  987          

have more than one secured line of credit under this section.      988          

      (F)  The board of county hospital trustees shall employ an   990          

administrator, whose title, salary, and other benefits shall be    991          

determined by the trustees.  The administrator may be removed by   992          

the board whenever the board determines it to be in the best       993          

interests of the hospital.  The administrator or his designee      995          

shall employ, contract with, or grant privileges to, such          996          

physicians, nurses, and other employees as are necessary for the   998          

proper care, control, and management of the county hospital and    999          

its patients.  The board shall adopt the wage and salary schedule  1,000        

for the county hospital.  Such physicians, nurses, and other       1,001        

employees may be suspended or removed by the administrator or his  1,002        

designee at any time when the welfare of such institution          1,004        

warrants suspension or removal.  Such physicians, nurses, and      1,005        

other employees, if employed, shall be in the unclassified civil   1,007        

service, pursuant to section 124.11 of the Revised Code.  The      1,008        

administrator and such other employees as the board considers      1,009        

necessary shall be bonded in amounts established by the board,     1,010        

the expense of which shall be paid out of hospital operating       1,011        

funds.                                                                          

      (G)(E)  The board shall establish a schedule of charges for  1,013        

all services and treatment rendered by the county hospital.  It    1,014        

may provide for the free treatment in such hospital of soldiers,   1,015        

sailors, and marines of the county, under such conditions and      1,016        

rules as it prescribes.                                            1,017        

      (H)(F)  The board may designate the amounts and forms of     1,019        

insurance protection to be provided, and the board of county       1,020        

                                                          25     


                                                                 
commissioners shall assist in obtaining such protection.  The      1,021        

expense of providing the protection shall be paid from hospital    1,022        

operating funds.                                                   1,023        

      (I)(G)  The board of county hospital trustees may authorize  1,025        

a county hospital and each of its units, hospital board members,   1,026        

designated hospital employees, and medical staff members to be a   1,027        

member of and maintain membership in any local, state, or          1,028        

national group or association organized and operated for the       1,029        

promotion of the public health and welfare or advancement of the   1,030        

efficiency of hospital administration and in connection therewith  1,031        

to use tax funds for the payment of dues and fees and related      1,032        

expenses but nothing in this section prohibits the board from      1,033        

using receipts from hospital operation, other than tax funds, for  1,034        

the payment of such dues and fees.                                 1,035        

      (J)(H)  THE FOLLOWING APPLY TO THE BOARD OF COUNTY HOSPITAL  1,038        

TRUSTEES, ITS EMPLOYEES, AND THE EMPLOYEES OF THE COUNTY           1,039        

HOSPITAL:                                                          1,040        

      (1)  THE BOARD SHALL ADOPT THE WAGE AND SALARY SCHEDULE FOR  1,042        

EMPLOYEES.                                                         1,043        

      (2)  THE BOARD MAY EMPLOY THE HOSPITAL'S ADMINISTRATOR       1,045        

PURSUANT TO SECTION 339.07 OF THE REVISED CODE, AND THE            1,047        

ADMINISTRATOR MAY EMPLOY INDIVIDUALS FOR THE HOSPITAL IN                        

ACCORDANCE WITH THAT SECTION.                                      1,048        

      (3)  THE BOARD MAY EMPLOY ASSISTANTS AS NECESSARY TO         1,050        

PERFORM ITS CLERICAL WORK, SUPERINTEND PROPERLY THE CONSTRUCTION   1,051        

OF THE COUNTY HOSPITAL, AND PAY THE HOSPITAL'S EXPENSES.  SUCH     1,052        

EMPLOYEES MAY BE PAID FROM FUNDS PROVIDED FOR THE COUNTY           1,053        

HOSPITAL.                                                          1,054        

      (4)  The board may hire, by contract or as salaried          1,056        

employees, such management consultants, accountants, attorneys,    1,057        

engineers, architects, construction managers, and other            1,058        

professional advisors as it determines are necessary and           1,059        

desirable to assist in the management of the programs and          1,060        

operation of the county hospital.  Such professional advisors may  1,061        

                                                          26     


                                                                 
be paid from county hospital operating funds.                      1,062        

      (K)(5)  Notwithstanding section 325.19 of the Revised Code,  1,064        

the board of county hospital trustees may grant to its employees   1,065        

any fringe benefits the board determines to be customary and       1,066        

usual in the nonprofit hospital field in its community,            1,067        

including, but not limited to:                                     1,068        

      (1)(a)  Additional vacation leave with full pay for          1,070        

full-time employees, including full-time hourly rate employees,    1,071        

after service of one year;                                         1,072        

      (2)(b)  Vacation leave and holiday pay for part-time         1,074        

employees on a pro rata basis;                                     1,075        

      (3)(c)  Leave with full pay due to death in the employee's   1,077        

immediate family, which shall not be deducted from the employee's  1,078        

accumulated sick leave;                                            1,079        

      (4)(d)  Premium pay for working on holidays listed in        1,081        

section 325.19 of the Revised Code;                                1,082        

      (5)(e)  Moving expenses for new employees;                   1,084        

      (6)(f)  Discounts on hospital supplies and services.         1,086        

      In addition to (6)  THE BOARD MAY PROVIDE HOLIDAY LEAVE BY   1,088        

OBSERVING MARTIN LUTHER KING DAY, WASHINGTON-LINCOLN DAY,          1,091        

COLUMBUS DAY, AND VETERANS' DAY ON DAYS OTHER THAN THOSE           1,092        

SPECIFIED IN SECTION 1.14 OF THE REVISED CODE.                     1,093        

      (7)  THE BOARD MAY GRANT TO EMPLOYEES the insurance          1,096        

benefits authorized by section 339.16 of the Revised Code and      1,097        

notwithstanding.                                                                

      (8)  NOTWITHSTANDING section 325.19 of the Revised Code,     1,100        

the board may grant to employees, including hourly rate            1,101        

employees, such personal holidays as the board determines to be    1,102        

customary and usual in the hospital field in its community.        1,103        

      (9)  The board of county hospital trustees may provide       1,105        

employee recognition awards and hold employee recognition          1,106        

dinners.                                                                        

      (10)  THE BOARD MAY GRANT TO EMPLOYEES THE RECRUITMENT AND   1,108        

RETENTION BENEFITS SPECIFIED UNDER DIVISION (I) OF THIS SECTION.   1,109        

                                                          27     


                                                                 
      (I)  Notwithstanding sections 325.191 and 325.20 of the      1,111        

Revised Code, the board of county hospital trustees may provide,   1,112        

without the prior authorization of the board of county             1,113        

commissioners, scholarships for education in the health care       1,114        

professions, tuition reimbursement, and other staff development    1,115        

programs to enhance the skills of health care professionals for    1,116        

the purpose of recruiting or retaining qualified employees.        1,117        

      The board of county hospital trustees may pay reasonable     1,119        

expenses for recruiting or retaining physicians and other          1,120        

appropriate health care practitioners.                             1,121        

      Sec. 339.07.  (A)  The BOARD OF COUNTY HOSPITAL TRUSTEES     1,131        

SHALL PROVIDE FOR THE ADMINISTRATION OF THE COUNTY HOSPITAL BY     1,132        

DIRECTLY EMPLOYING A HOSPITAL ADMINISTRATOR OR BY ENTERING INTO A  1,133        

CONTRACT FOR THE MANAGEMENT OF THE HOSPITAL UNDER WHICH AN         1,134        

ADMINISTRATOR IS PROVIDED.  WHEN AN ADMINISTRATOR IS EMPLOYED      1,135        

DIRECTLY, THE BOARD SHALL ADOPT A JOB DESCRIPTION DELINEATING THE  1,136        

ADMINISTRATOR'S POWERS AND DUTIES AND THE BOARD MAY PAY THE        1,137        

ADMINISTRATOR'S SALARY AND OTHER BENEFITS FROM FUNDS PROVIDED FOR  1,138        

THE HOSPITAL.                                                                   

      (B)  DURING THE CONSTRUCTION AND EQUIPPING OF THE HOSPITAL,  1,140        

THE administrator of a county hospital shall act in an advisory    1,142        

capacity to the board of county hospital trustees during the       1,143        

construction and equipping of the county hospital, and after.      1,144        

AFTER the hospital is completed he, THE ADMINISTRATOR shall serve  1,146        

as the chief executive officer and shall carry out the             1,147        

administration of the county hospital according to the policies    1,148        

set forth by the board charged with the operation of such          1,149        

hospital.  The board shall adopt a job description delineating     1,150        

the powers and duties of the administrator.                        1,151        

      The administrator shall administer the county hospital,      1,153        

make reports, and take any other action that he THE ADMINISTRATOR  1,155        

determines is necessary for the operation of the hospital.         1,156        

      At the end of each fiscal year, the administrator shall      1,158        

submit to the board a complete financial statement showing the     1,159        

                                                          28     


                                                                 
receipts, revenues, and expenditures in detail for the entire      1,160        

fiscal year.                                                       1,161        

      THE ADMINISTRATOR SHALL ENSURE THAT THE HOSPITAL HAS SUCH    1,163        

PHYSICIANS, NURSES, AND OTHER EMPLOYEES AS ARE NECESSARY FOR THE   1,164        

PROPER CARE, CONTROL, AND MANAGEMENT OF THE COUNTY HOSPITAL AND    1,165        

ITS PATIENTS.  THE PHYSICIANS, NURSES, AND OTHER EMPLOYEES MAY BE  1,166        

SUSPENDED OR REMOVED BY THE ADMINISTRATOR AT ANY TIME THE WELFARE  1,167        

OF THE HOSPITAL WARRANTS SUSPENSION OR REMOVAL.  THE                            

ADMINISTRATOR MAY OBTAIN PHYSICIANS, NURSES, AND OTHER EMPLOYEES   1,168        

BY DIRECT EMPLOYMENT, ENTERING INTO CONTRACTS, OR GRANTING         1,169        

AUTHORITY TO PRACTICE IN THE HOSPITAL.  PERSONS EMPLOYED DIRECTLY  1,170        

SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE, PURSUANT TO SECTION    1,171        

124.11 OF THE REVISED CODE.                                                     

      Sec. 339.10.  IN ADDITION TO THOSE RECORDS OTHERWISE         1,173        

EXCLUDED FROM THE DEFINITION OF A "PUBLIC RECORD" UNDER SECTION    1,174        

149.43 OF THE REVISED CODE, RECORDS OF A COUNTY HOSPITAL THAT      1,175        

CONTAIN INFORMATION REGARDING THE TERMS AND CONDITIONS OF THE      1,176        

COUNTY HOSPITAL'S BUSINESS AND STRATEGIC PLANS, DEVELOPMENT PLANS  1,177        

OR STUDIES, MARKET STUDIES AND SURVEYS, MEDICAL STAFF DEVELOPMENT  1,178        

PLANS OR STUDIES, MANAGED CARE CONTRACTS, PHYSICIAN SERVICE        1,180        

CONTRACTS, AND VENDOR CONTRACTS ARE NOT PUBLIC RECORDS AND ARE     1,181        

EXEMPT FROM THE REQUIREMENTS OF SECTION 149.43 OF THE REVISED      1,182        

CODE.                                                                           

      Sec. 4115.04.  (A)  Every public authority authorized to     1,191        

contract for or construct with its own forces a public             1,192        

improvement, before advertising for bids or undertaking such       1,193        

construction with its own forces, shall have the bureau of         1,194        

employment services determine the prevailing rates of wages of     1,195        

mechanics and laborers in accordance with section 4115.05 of the   1,196        

Revised Code for the class of work called for by the public        1,197        

improvement, in the locality where the work is to be performed.    1,198        

Such schedule of wages shall be attached to and made part of the   1,199        

specifications for the work, and shall be printed on the bidding   1,200        

blanks where the work is done by contract.  A copy of the bidding  1,201        

                                                          29     


                                                                 
blank shall be filed with the bureau before such contract is       1,202        

awarded.  A minimum rate of wages for common laborers, on work     1,204        

coming under the jurisdiction of the department of                 1,205        

transportation, shall be fixed in each county of the state by      1,206        

said department of transportation, in accordance with section      1,207        

4115.05 of the Revised Code.                                                    

      (B)  Sections 4115.03 to 4115.16 of the Revised Code do not  1,209        

apply to:                                                                       

      (A)(1)  Public improvements in any case where the federal    1,211        

government or any of its agencies furnishes by loan or grant all   1,214        

or any part of the funds used in constructing such improvements,   1,215        

provided the federal government or any of its agencies prescribes  1,216        

predetermined minimum wages to be paid to mechanics and laborers   1,217        

employed in the construction of such improvements;                 1,218        

      (B)(2)  A participant in a work activity, developmental      1,221        

activity, or an alternative work activity under sections 5107.40   1,223        

to 5107.69 of the Revised Code when a public authority directly    1,224        

uses the labor of the participant to construct a public                         

improvement if the participant is not engaged in paid employment   1,226        

or subsidized employment pursuant to the activity;                 1,227        

      (C)(3)  Public improvements undertaken by, or under          1,229        

contract for, the board of education of any school district or     1,231        

the governing board of any educational service center;             1,232        

      (4)  PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT    1,234        

FOR, A COUNTY HOSPITAL OPERATED PURSUANT TO CHAPTER 339. OF THE    1,235        

REVISED CODE IF NONE OF THE FUNDS USED IN CONSTRUCTING THE         1,237        

IMPROVEMENTS ARE THE PROCEEDS OF BONDS OR OTHER OBLIGATIONS WHICH  1,239        

ARE SECURED BY THE FULL FAITH AND CREDIT OF THE STATE, THE         1,240        

COUNTY, A TOWNSHIP, OR A MUNICIPAL CORPORATION AND NONE OF THE     1,241        

FUNDS USED IN CONSTRUCTING THE IMPROVEMENTS, INCLUDING FUNDS USED  1,243        

TO REPAY ANY AMOUNTS BORROWED TO CONSTRUCT THE IMPROVEMENTS, ARE   1,244        

FUNDS THAT HAVE BEEN APPROPRIATED FOR THAT PURPOSE BY THE BOARD    1,245        

OF COUNTY COMMISSIONERS, THE STATE, A TOWNSHIP, OR A MUNICIPAL     1,246        

CORPORATION FROM FUNDS GENERATED BY THE LEVY OF A TAX; PROVIDED,   1,247        

                                                          30     


                                                                 
HOWEVER, THAT A COUNTY HOSPITAL MAY ELECT TO APPLY SECTIONS        1,248        

4115.03 TO 4115.16 OF THE REVISED CODE TO A PUBLIC IMPROVEMENT     1,249        

UNDERTAKEN BY, OR UNDER CONTRACT FOR, THE COUNTY HOSPITAL.         1,251        

      Section 2.  That existing sections 121.22, 133.07, 325.19,   1,253        

339.01, 339.03, 339.06, 339.07, and 4115.04 of the Revised Code    1,255        

are hereby repealed.                                                            

      Section 3.  Section 133.07 of the Revised Code is presented  1,257        

in this act as a composite of the section as amended by both Sub.  1,259        

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      1,262        

letters.  This is in recognition of the principle stated in        1,263        

division (B) of section 1.52 of the Revised Code that such         1,264        

amendments are to be harmonized where not substantively            1,265        

irreconcilable and constitutes a legislative finding that such is  1,266        

the resulting version in effect prior to the effective date of     1,267        

this act.