As Reported by the House Education Committee

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 187


SENATORS Nein, Randy Gardner, DiDonato, Brady, Prentiss, Herington, Robert Gardner, Harris, Mumper, Ryan, Blessing, Espy, Spada

REPRESENTATIVES Callender, Calvert, Carano, Webster, Hartnett, Setzer, Barrett, Hoops, Roman



A BILL
To amend sections 505.71, 733.08, 733.31, 3311.19, and1
3313.12 of the Revised Code to increase the maximum2
compensation for members of school district boards3
of education and educational service center4
governing boards, to permit compensation to school5
district board and educational service center6
governing board members for attendance at training7
programs, to increase the maximum number of8
meetings for which the board of trustees of a joint9
ambulance district may be compensated each year, to10
increase the maximum amount of compensation that a11
joint ambulance district board member may be paid12
for those meetings, and to have the president of13
the legislative authority fill a vacancy under14
specified circumstances in the office of the mayor15
in a statutory city.16


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

       Section 1. That sections 505.71, 733.08, 733.31, 3311.19, and17
3313.12 of the Revised Code be amended to read as follows:18

       Sec. 505.71.  The boards of township trustees of one or more19
townships and the legislative authorities of any one or more20
municipal corporations within or adjoining suchthose townships,21
or the boards of township trustees of two or more townships, or22
the legislative authorityauthorities of two or more municipal23
corporations, may, by adoption of a joint resolution by a majority24
of the members of each board of township trustees and by a25
majority of the members of the legislative authority of each26
municipal corporation, create a joint ambulance district27
comprising the municipal corporations and all or any portions of28
the townships as are mutually agreed upon, except that no portion29
of a township or municipal corporation being served by a joint30
emergency medical services district shall be part of a joint31
ambulance district. A district so created shall be given a name32
different from the name of any participating township or municipal33
corporation.34

       The governing body of a district shall be a board of35
trustees, which shall include one representative appointed by each36
board of township trustees and one representative appointed by the37
legislative authority of each municipal corporation in the38
district. Members of the board of trustees may be compensated at39
a rate not to exceed twentyseventy-five dollars per meeting, not40
to exceed twelvefifteen meetings per year, and may be reimbursed41
for all necessary expenses incurred. The board shall employ a42
clerk. Before entering upon theofficial duties of his office,43
the clerk of the board of trustees of a joint ambulance district44
shall execute a bond, in the amount and with surety to be approved45
by the board, payable to the state, and conditioned for the46
faithful performance of all the official duties required of him47
the clerk. SuchThe bond shall be deposited with the presiding48
officer of the board, and copies thereofof it, certified by him49
the presiding officer, shall be filed with the county auditor of50
each county with a subdivision included in the district.51

       To provide the services and equipment it considers necessary52
for the district, the board may levy taxes, subject to Chapter53
5705. of the Revised Code, and issue bonds and other evidences of54
indebtedness, subject to Chapter 133. of the Revised Code, after55
submitting the question of suchthat issuance to the electors of56
the district in the manner provided by Chapter 133. of the Revised57
Code. The district may purchase, lease, maintain, and use all58
materials, equipment, vehicles, buildings, and land necessary to59
perform its duties.60

       Any municipal corporation or township may join an existing61
district by the adoption of a resolution requesting such62
membership and upon approval of the board of the district. Any63
municipal corporation or township may withdraw from a district by64
the adoption of a resolution ordering withdrawal. On or after the65
first day of January of the year following the adoption of the66
resolution of withdrawal, the municipal corporation or township67
withdrawing ceases to be a part of suchthe district, and the68
power of the district to levy a tax upon taxable property in the69
withdrawing township or municipal corporation terminates, except70
that the district shall continue to levy and collect taxes for the71
payment of indebtedness within the territory of the district as it72
was comprised at the time the indebtedness was incurred.73

       Upon the withdrawal of any township or municipal corporation74
from a district, the county auditor shall ascertain, apportion,75
and order a division of the funds on hand, moneys and taxes in the76
process of collection, except for taxes levied for the payment of77
indebtedness, credits, and real and personal property, either in78
money or in kind, on the basis of the valuation of the respective79
tax duplicates of the withdrawing municipal corporation or80
township and the remaining territory of the district.81

       When the number of townships and municipal corporations82
constituting a district is reduced to one, the district ceases to83
exist by operation of law, and the funds, credits, and property84
remaining after apportionments to withdrawing municipal85
corporations or townships, shall be assumed by the one remaining86
township or municipal corporation. When a district ceases to87
exist and an indebtedness remains unpaid, the board of county88
commissioners shall continue to levy and collect taxes for the89
payment of suchthat indebtedness within the territory of the90
district as it was comprised at the time the indebtedness was91
incurred.92

       Sec. 733.08. (A) In case of the death, resignation, or93
removal of the mayor, the vacancy in the office of mayor shall be94
filled, until a successor is elected and qualified, by a person95
chosen by the residents of that city who are members of the city96
central committee if there is one, or if not then of the county97
central committee, of the political party with which the last98
occupant of the office was affiliated. If the vacancy occurs99
because of the death, resignation, or inability to take office of100
a mayor-elect, an appointment to take the office at the beginning101
of the term shall be made by the members of the central committee102
who reside in the city where the vacancy occurs.103

       Not less than five nor more than forty-five days after the104
vacancy occurs, the specified members of the city or county105
committee shall meet to make an appointment to fill the vacancy. 106
Not less than four days before the date of the meeting the107
committee chairperson or secretary shall send, by mail to every108
member eligible to vote on filling the vacancy, a written notice109
stating the date, time, and place of the meeting and its purpose. 110
A majority of the eligible members present at the meeting may make111
the appointment.112

       If the last occupant of the office of mayor or the113
mayor-elect was elected as an independent candidate, the vacancy114
shall be filled, until a successor is elected and qualified, by115
election by the legislative authority.116

       (B) If a vacancy in the office of mayor occurs more than117
forty days before the next regular municipal election, a successor118
shall be elected at that election for the unexpired term unless119
the unexpired term ends within one year immediately following the120
date of that election, in which case an election to fill the121
unexpired term shall not be held and the person appointed or122
elected under division (A) of this section shall hold the office123
for the unexpired term. If an election is held under this124
division, the person appointed or elected by the legislative125
authority under division (A) of this section shall hold the office126
until a successor is elected and qualified under this division127
president of the legislative authority of the city shall become128
the mayor and shall hold the office for the unexpired term.129
Thereupon, the president pro tempore of the legislative authority130
shall become president of the legislative authority for the131
unexpired term and shall have the same rights, duties, and powers132
as the predecessor to that office. The vacancy in the legislative133
authority created by these changes shall be filled for the134
unexpired term as provided in section 731.43 of the Revised Code,135
and the legislative authority shall elect another president pro136
tempore to hold that office.137

       Sec. 733.31.  (A) Unless otherwise provided by law,138
vacancies arising in appointive and elective offices of villages139
shall be filled by appointment by the mayor for the remainder of140
the unexpired term, provided that:141

       (1) Vacancies in the office of mayor shall be filled in the142
manner provided by section 733.25 of the Revised Code;143

       (2) Vacancies in the membership of the legislative authority144
shall be filled in the manner provided by section 731.43 of the145
Revised Code; and146

       (3) Vacancies in the office of president pro tempore of a147
village legislative authority shall be filled in the manner148
provided by section 731.11 of the Revised Code.149

       In the event of a vacancy in the office of village clerk or150
treasurer, the mayor may appoint a person to serve as an acting151
officer to perform the duties of the office until a permanent152
officer is appointed to fill the vacancy.153

       (B) Unless otherwise provided by law, vacancies arising in154
appointive offices of cities shall be filled by appointment by the155
mayor for the remainder of the unexpired term.156

       (C) AExcept under the circumstances described in section157
733.08 of the Revised Code when the president pro tempore becomes158
president of the legislative authority of a city, a vacancy in the159
office of president of the legislative authority of a city shall160
be filled in the same manner as provided in division (D) of this161
section. Vacancies in the office of mayor of a city shall be162
filled in the manner provided in section 733.08 of the Revised163
Code. Vacancies in the membership of the legislative authority of164
a city shall be filled in the manner provided in section 731.43 of165
the Revised Code.166

       (D) In case of the death, resignation, removal, or167
disability of the director of law, auditor, or treasurer of a city168
and such vacancy occurs more than forty days before the next169
general election for suchthat office, a successor shall be170
elected at suchthat election for the unexpired term unless such171
that term expires within one year immediately following the date172
of suchthat general election. In either event, the vacancy shall173
be filled as provided in this section, and the appointee shall174
hold his office until a successor is elected and qualified.175

       (1) The county central committee of the political party with176
which the last occupant of the office was affiliated, acting177
through its members who reside in the city where the vacancy178
occurs, shall appoint a person to hold the office and to perform179
theits duties thereof until a successor is elected and has180
qualified, except that if suchthe vacancy occurs because of the181
death, resignation, or inability to take the office of an182
officer-elect whose term has not yet begun, an appointment to take183
suchthat office at the beginning of the term shall be made by the184
members of the central committee who reside in the city where the185
vacancy occurs.186

       (2) Not less than five nor more than forty-five days after a187
vacancy occurs, the county central committee, acting through its188
members who reside in the city where the vacancy occurs, shall189
meet for the purpose of making an appointment. Not less than four190
days before the date of the meeting the chairmanchairperson or191
secretary of the central committee shall send by first class mail192
to every member of suchthe county central committee who resides193
in the city where the vacancy occurs a written notice whichthat194
shall state the time and place of suchthe meeting and theits195
purpose thereof. A majority of the members of the central196
committee present at suchthe meeting may make the appointment.197

       (E) If the last occupant of the office or the officer-elect,198
as provided in division (D) of this section, was elected as an199
independent candidate, the mayor of the city shall make the200
appointment at the time the vacancy occurs.201

       (F) Appointments made under this section shall be certified202
by the appointing county central committee or by the mayor of the203
municipal corporation to the county board of elections and to the204
secretary of state. The persons so appointed and certified shall205
be entitled to all remuneration provided by law for the offices to206
which they are appointed.207

       (G) The mayor of the city may appoint a person to hold the208
city office of director of law, auditor, or treasurer as an acting209
officer and to perform the duties thereofof the applicable office210
between the occurrence of the vacancy and the time when the person211
appointed by the county central committee qualifies and takes the212
office.213

       Sec. 3311.19.  (A) The management and control of a joint214
vocational school district shall be vested in the joint vocational215
school district board of education. Where a joint vocational216
school district is composed only of two or more local school217
districts located in one county, or when all the participating218
districts are in one county and the boards of such participating219
districts so choose, the educational service center governing220
board of the county in which the joint vocational school district221
is located shall serve as the joint vocational school district222
board of education. Where a joint vocational school district is223
composed of local school districts of more than one county, or of224
any combination of city, local, or exempted village school225
districts or educational service centers, unless administration by226
the educational service center governing board has been chosen by227
all the participating districts in one county pursuant to this228
section, the board of education of the joint vocational school229
district shall be composed of one or more persons who are members230
of the boards of education from each of the city or exempted231
village school districts or members of the educational service232
centers' governing boards affected to be appointed by the boards233
of education or governing boards of such school districts and234
educational service centers. In such joint vocational school235
districts the number and terms of members of the joint vocational236
school district board of education and the allocation of a given237
number of members to each of the city and exempted village238
districts and educational service centers shall be determined in239
the plan for such district, provided that each such joint240
vocational school district board of education shall be composed of241
an odd number of members.242

       (B) Notwithstanding division (A) of this section, a243
governing board of an educational service center that has members244
of its governing board serving on a joint vocational school245
district board of education may make a request to the joint246
vocational district board that the joint vocational school247
district plan be revised to provide for one or more members of248
boards of education of local school districts that are within the249
territory of the educational service district and within the joint250
vocational school district to serve in the place of or in addition251
to its educational service center governing board members. If252
agreement is obtained among a majority of the boards of education253
and governing boards that have a member serving on the joint254
vocational school district board of education and among a majority255
of the local school district boards of education included in the256
district and located within the territory of the educational257
service center whose board requests the substitution or addition,258
the state board of education may revise the joint vocational259
school district plan to conform with such agreement.260

       (C) If the board of education of any school district or261
educational service center governing board included within a joint262
vocational district that has had its board or governing board263
membership revised under division (B) of this section requests the264
joint vocational school district board to submit to the state265
board of education a revised plan under which one or more joint266
vocational board members chosen in accordance with a plan revised267
under such division would again be chosen in the manner prescribed268
by division (A) of this section, the joint vocational board shall269
submit the revised plan to the state board of education, provided270
the plan is agreed to by a majority of the boards of education271
represented on the joint vocational board, a majority of the local272
school district boards included within the joint vocational273
district, and each educational service center governing board274
affected by such plan. The state board of education may revise275
the joint vocational school district plan to conform with the276
revised plan.277

       (D) The vocational schools in such joint vocational school278
district shall be available to all youth of school age within the279
joint vocational school district subject to the rules adopted by280
the joint vocational school district board of education in regard281
to the standards requisite to admission. A joint vocational282
school district board of education shall have the same powers,283
duties, and authority for the management and operation of such284
joint vocational school district as is granted by law, except by285
this chapter and Chapters 124., 3317., 3323., and 3331. of the286
Revised Code, to a board of education of a city school district,287
and shall be subject to all the provisions of law that apply to a288
city school district, except such provisions in this chapter and289
Chapters 124., 3317., 3323., and 3331. of the Revised Code.290

       (E) Where a governing board of an educational service center291
has been designated to serve as the joint vocational school292
district board of education, the educational service center293
superintendent shall be the executive officer for the joint294
vocational school district, and the governing board may provide295
for additional compensation to be paid to the educational service296
center superintendent by the joint vocational school district, but297
the educational service center superintendent shall have no298
continuing tenure other than that of educational service center299
superintendent. The superintendent of schools of a joint300
vocational school district shall exercise the duties and authority301
vested by law in a superintendent of schools pertaining to the302
operation of a school district and the employment and supervision303
of its personnel. The joint vocational school district board of304
education shall appoint a treasurer of the joint vocational school305
district who shall be the fiscal officer for such district and who306
shall have all the powers, duties, and authority vested by law in307
a treasurer of a board of education. Where a governing board of308
an educational service center has been designated to serve as the309
joint vocational school district board of education, such board310
may appoint the educational service center superintendent as the311
treasurer of the joint vocational school district.312

       (F) Each member of a joint vocational school district board313
of education may be paid such compensation as the board provides314
by resolution, but it shall not exceed eightyone hundred315
twenty-five dollars per member for each meeting attended plus316
mileage, at the rate per mile provided by resolution of the board,317
to and from meetings of the board.318

       The board may provide by resolution for the deduction of319
amounts payable for benefits under division (D) of section320
3313.202 of the Revised Code. No member of a board of a joint321
vocational school district who is purchasing any category of322
benefits under such section offered by a city, local, or exempted323
village school board or educational service center governing324
board, shall purchase the same category of benefits as a member of325
the joint vocational school board.326

       Each member of a joint vocational school district board may327
be paid such compensation as the board provides by resolution for328
attendance at an approved training program, provided that such329
compensation shall not exceed sixty dollars per day for attendance330
at a training program three hours or fewer in length and one331
hundred twenty-five dollars a day for attendance at a training332
program longer than three hours in length. However, no board333
member shall be compensated for the same training program under334
this section and section 3313.12 of the Revised Code.335

       Sec. 3313.12.  Each member of the educational service center336
governing board may be paid such compensation as the governing337
board provides by resolution, provided that any such compensation338
shall not exceed eightyone hundred twenty-five dollars a day plus339
mileage both ways, at the rate per mile provided by resolution of340
the governing board, to cover the actual and necessary expenses341
incurred duringfor attendance uponat any meeting of the board.342
Such expensescompensation and the expenses of the educational343
service center superintendent, itemized and verified, shall be344
paid from the educational service center governing board fund upon345
vouchers signed by the president of the governing board.346

       The board of education of any city, local, or exempted347
village school district may provide by resolution for compensation348
of its members, provided that such compensation shall not exceed349
eightyone hundred twenty-five dollars per member for meetings350
attended. The351

       The board may provide by resolution for the deduction of352
amounts payable for benefits under division (D) of section353
3313.202 of the Revised Code.354

       Each member of a district board or educational service center355
governing board may be paid such compensation as the respective356
board provides by resolution for attendance at an approved357
training program, provided that such compensation shall not exceed358
sixty dollars a day for attendance at a training program three359
hours or fewer in length and one hundred twenty-five dollars a day360
for attendance at a training program longer than three hours in361
length.362

       Section 2. That existing sections 505.71, 733.08, 733.31,363
3311.19, and 3313.12 of the Revised Code are hereby repealed.364