(3) Securities issued for the purpose of purchasing, | 56 |
constructing, improving, or extending water or sanitary or
surface | 57 |
and storm water sewerage systems or facilities, or a
combination | 58 |
of those systems or facilities, to the extent that an
agreement | 59 |
entered into with another subdivision requires the
other | 60 |
subdivision to pay to the county amounts equivalent to debt | 61 |
charges on the securities; | 62 |
(5) Securities issued for permanent improvements to house | 69 |
agencies, departments, boards, or commissions of the county or of | 70 |
any municipal corporation located, in whole or in part, in the | 71 |
county, to the extent that the revenues, other than revenues from | 72 |
unvoted county property taxes, derived from leases or other | 73 |
agreements between the county and those agencies, departments, | 74 |
boards, commissions, or municipal corporations relating to the
use | 75 |
of the permanent improvements are sufficient to cover the
cost of | 76 |
all operating expenses of the permanent improvements paid
by the | 77 |
county and debt charges on the securities; | 78 |
(7) Securities issued for the purpose of acquiring or | 81 |
constructing roads, highways, bridges, or viaducts, for the | 82 |
purpose of acquiring or making other highway permanent | 83 |
improvements, or for the purpose of procuring and maintaining | 84 |
computer systems for the office of the clerk of any | 85 |
county-operated municipal court, for the office of the clerk of | 86 |
the court of common pleas, or for the office of the clerk of the | 87 |
probate, juvenile, or domestic relations division of the court of | 88 |
common pleas to the extent that the legislation authorizing the | 89 |
issuance of the securities includes a covenant to appropriate
from | 90 |
moneys distributed to the county pursuant to division (B) of | 91 |
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or | 92 |
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a | 93 |
sufficient amount to cover debt charges on and financing costs | 94 |
relating to the securities as they become due; | 95 |
(9) Securities issued for the acquisition, construction, | 100 |
equipping, or repair of any permanent improvement or any class or | 101 |
group of permanent improvements enumerated in a resolution
adopted | 102 |
pursuant to division (D) of section 5739.026 of the
Revised Code | 103 |
to the extent that the legislation authorizing the
issuance of the | 104 |
securities includes a covenant to appropriate
from moneys received | 105 |
from the taxes authorized under section
5739.023 and division | 106 |
(A)(5) of section 5739.026 of the Revised
Code an amount | 107 |
sufficient to pay debt charges on the securities
and those moneys | 108 |
shall be pledged for that purpose; | 109 |
(15) Securities issued under section 755.17 of the Revised | 127 |
Code if the
legislation authorizing issuance of the securities | 128 |
includes
a covenant to appropriate from revenue received from a | 129 |
tax authorized under
division (A)(5) of section 5739.026 and | 130 |
section 5741.023 of the Revised Code
an amount sufficient to pay | 131 |
debt charges on the securities, and the board of
county | 132 |
commissioners pledges that revenue for that purpose, pursuant to | 133 |
section 755.171 of the Revised Code; | 134 |
(16) Sales tax supported bonds issued pursuant to section | 135 |
133.081 of the Revised Code for the purpose of
acquiring, | 136 |
constructing, improving, or equipping any permanent
improvement to | 137 |
the extent that the legislation authorizing the
issuance of the | 138 |
sales tax supported bonds pledges county sales
taxes to the | 139 |
payment of debt charges on the sales tax supported
bonds and | 140 |
contains a covenant to appropriate from county sales
taxes a | 141 |
sufficient amount to cover debt charges or the financing
costs | 142 |
related to the sales tax supported bonds as they become
due; | 143 |
Sec. 140.03. (A) Two or more hospital agencies may enter | 160 |
into agreements for the acquisition, construction,
reconstruction, | 161 |
rehabilitation, remodeling, renovating,
enlarging, equipping, and | 162 |
furnishing of hospital facilities, or
the management, operation, | 163 |
occupancy, use, maintenance, and
repair of hospital facilities, or | 164 |
for participation in programs,
projects, activities, and services | 165 |
useful to, connected with,
supplementing, or otherwise related to | 166 |
the services provided by,
or the operation of, hospital facilities | 167 |
operated by one or more
participating hospital agencies, including | 168 |
any combination of
such purposes, all in such manner as to promote | 169 |
the public
purpose stated in section 140.02 of the Revised Code.
A | 170 |
city
health district; general health district; board of alcohol, | 171 |
drug
addiction, and mental health services; county board of mental | 172 |
retardation and developmental disabilities; the department of | 173 |
mental health; the department of mental retardation and | 174 |
developmental disabilities; or any public body engaged in the | 175 |
education or training of health professions personnel may join in | 176 |
any such agreement for purposes related to its authority under | 177 |
laws applicable to it, and as such a participant shall be | 178 |
considered a public hospital agency or hospital agency for the | 179 |
purposes of this section. | 180 |
(2) Unless provided for by lease pursuant to section
140.05 | 186 |
of the Revised Code, the method by which such hospital
facilities | 187 |
are to be acquired, constructed, or otherwise improved
and by | 188 |
which they shall be managed, occupied, maintained, and
repaired, | 189 |
including the designation of one of the hospital
agencies to have | 190 |
charge of the details of acquisition,
construction, or improvement | 191 |
pursuant to the contracting
procedures prescribed under the law | 192 |
applicable to one of the
participating public hospital agencies; | 193 |
(5) The manner of apportionment or sharing of costs of | 204 |
hospital facilities, any other applicable costs of management, | 205 |
operation, maintenance, and repair of hospital facilities, and | 206 |
costs for the programs, projects, activities, and services
forming | 207 |
the subject of the agreement, which apportionment or
sharing may | 208 |
be prescribed in fixed amounts, or determined by
ratios, formulas, | 209 |
or otherwise, and paid as service charges,
rentals, or in such | 210 |
other manner as provided in the agreement,
and may include amounts | 211 |
sufficient to meet the bond service
charges and other payments and | 212 |
deposits required under the bond
proceedings for obligations | 213 |
issued to pay costs of hospital
facilities. A hospital agency may | 214 |
commit itself to make such
payments at least for so long as any | 215 |
such obligations are
outstanding. In the apportionment, different | 216 |
classes of costs or
expenses may be apportioned to one or more, | 217 |
all or less than all,
of the participating hospital agencies as | 218 |
determined under such
agreement. | 219 |
(1) An orderly process for making determinations or
advising | 222 |
as to planning, execution, implementation, and
operation, which | 223 |
may include designating one of the hospital
agencies, or a board | 224 |
thereof, for any of such purposes,
provisions for a committee, | 225 |
board, or commission, and for
representation thereon, or as may | 226 |
otherwise be provided; | 227 |
(1) Expend any moneys from its general fund, and from any | 256 |
other funds not otherwise restricted by law, but including funds | 257 |
for permanent improvements of hospital facilities of such public | 258 |
hospital agency where the contribution is to be made toward the | 259 |
costs of hospital facilities under the agreement, and including | 260 |
funds derived from levies for, or receipts available for, | 261 |
operating expenses of hospital facilities or services of such | 262 |
public hospital agency where the contribution or payment is to be | 263 |
made toward operating expenses of the hospital facilities or | 264 |
services under the agreement or for the services provided
thereby; | 265 |
(2) Issue obligations under Chapter 133. or sectionssection | 266 |
140.06,
339.14, 339.15, 513.12, or 3345.12 of the Revised Code,
or | 267 |
Section
3 of Article XVIII, Ohio Constitution, if applicable
to | 268 |
such
public hospital agency, to pay costs of hospital
facilities, | 269 |
or
issue obligations under any other provision of law
authorizing | 270 |
such public hospital agency to issue obligations for
any costs of | 271 |
hospital facilities; | 272 |
(3) Levy taxes under Chapter 5705. or section 513.13 or | 273 |
3709.29 of the Revised Code, if applicable to such public
hospital | 274 |
agency, provided that the purpose of such levy may
include the | 275 |
provision of funds for either or both permanent
improvements and | 276 |
current expenses if required for the
contribution or payment of | 277 |
such hospital agency under such
agreement, and each such public | 278 |
hospital agency may issue notes
in anticipation of any such levy, | 279 |
pursuant to the procedures
provided in section 5705.191 of the | 280 |
Revised Code if the levy is
solely for current expenses, and in | 281 |
section 5705.193 of the
Revised Code if the levy is all or in part | 282 |
for permanent
improvements; | 283 |
(E) Any funds provided by public hospital agencies that
are | 287 |
parties to an agreement entered into under this section shall
be | 288 |
transferred to and placed in a separate fund or funds of such | 289 |
participating public hospital agency as is designated under the | 290 |
agreement. The funds shall be applied for the purposes provided
in | 291 |
such agreement and are subject to audit. Pursuant to any | 292 |
determinations to be made under such agreement, the funds shall
be | 293 |
deposited, invested, and disbursed under the provisions of law | 294 |
applicable to the public hospital agency in whose custody the | 295 |
funds are held. This division is subject to the provisions of
any | 296 |
applicable bond proceedings under section 133.08, 140.06,
339.15, | 297 |
or 3345.12 of the Revised Code or Section 3 of Article
XVIII, Ohio | 298 |
Constitution. The records and reports of such public
hospital | 299 |
agency under Chapter 117. of the Revised Code and
sections 3702.51 | 300 |
to 3702.62 of the Revised
Code, with respect to the funds shall be | 301 |
sufficient without
necessity for reports thereon by the other | 302 |
public hospital
agencies participating under such agreement. | 303 |
(2) If the agreement is with a board of county
commissioners, | 311 |
board of county hospital trustees, or county
hospital commission | 312 |
and is an initial agreement for the
acquisition or operation of a | 313 |
county hospital operated by a board
of county hospital trustees | 314 |
under section 339.06 of the Revised
Code, the governing body of | 315 |
the public hospital agency shall
submit the agreement, accompanied | 316 |
by the resolution or ordinance, to the board of county | 317 |
commissioners for review
pursuant to section 339.091 of the | 318 |
Revised Code.
IfThe agreement may be entered into only if the | 319 |
board of
county commissioners adopts a resolution under that | 320 |
section, it
shall submit the resolution to the electors of the | 321 |
county
pursuant
to section 339.092 of the Revised Code. The | 322 |
requirements of
division (F)(2) of this section do not apply to | 323 |
the agreement if
one or more hospitals classified as general | 324 |
hospitals by the
public health council under section 3701.07 of | 325 |
the Revised Code
are operating in the same county as the county | 326 |
hospital. | 327 |
Sec. 140.05. (A)(1) A public hospital agency may lease
any | 328 |
hospital facility to one or more hospital agencies for use as
a | 329 |
hospital facility, or to one or more city or general health | 330 |
districts; boards of alcohol, drug addiction, and mental health | 331 |
services; county boards of mental retardation and developmental | 332 |
disabilities; the department of mental health; or the department | 333 |
of mental retardation and developmental disabilities, for uses | 334 |
which they are authorized to make thereof under the laws | 335 |
applicable to them, or any combination of them, and they may
lease | 336 |
such facilities to or from a hospital agency for such uses,
upon | 337 |
such terms and conditions as are agreed upon by the parties.
Such | 338 |
lease may be for a term of fifty years or less and may
provide for | 339 |
an option of the lessee to renew for a term of fifty
years or | 340 |
less, as therein set forth. Prior to entering into such
lease,
the | 341 |
governing body of any public hospital agency granting
such
lease | 342 |
must determine, and set forth in a resolution or
ordinance,
that | 343 |
such lease will promote the public purpose stated
in section | 344 |
140.02 of the Revised Code and that the lessor public
hospital | 345 |
agency will be duly benefited thereby. | 346 |
(2) If the lease is with a board of county commissioners, | 347 |
board of county hospital trustees, or county hospital commission | 348 |
and is an agreement for the initial lease of a county hospital | 349 |
operated by a
board of county hospital trustees under section | 350 |
339.06 of the
Revised Code, the governing body of the public | 351 |
hospital agency
shall submit the agreement, accompanied by the | 352 |
resolution or ordinance, to the board of county commissioners for | 353 |
review
pursuant to section 339.091 of the Revised Code.
IfThe | 354 |
agreement may be entered into only if the board of
county | 355 |
commissioners adopts a resolution under that section, it
shall | 356 |
submit the resolution to the electors of the county
pursuant
to | 357 |
section 339.092 of the Revised Code. The
requirements of
division | 358 |
(A)(2) of this section do not apply to
the lease if one
or more | 359 |
hospitals classified as general
hospitals by the public
health | 360 |
council under section 3701.07 of
the Revised Code are
operating in | 361 |
the same county as the county
hospital. | 362 |
(B) Any lease entered into pursuant to this section shall | 363 |
provide that in the event that the lessee fails faithfully and | 364 |
efficiently to administer, maintain, and operate such leased | 365 |
facilities as hospital facilities, or fails to provide the | 366 |
services thereof without regard to race, creed, color, or
national | 367 |
origin, or fails to require that any hospital agency
using such | 368 |
facilities or the services thereof shall not
discriminate by | 369 |
reason of race, creed, color, or national origin,
after an | 370 |
opportunity to be heard upon written charges, said lease
may be | 371 |
terminated at the time, in the manner and with
consequences | 372 |
therein provided. If any such lease does not
contain terms to the | 373 |
effect provided in this division, it shall
nevertheless be deemed | 374 |
to contain such terms which shall be
implemented as determined by | 375 |
the governing body of the lessor. | 376 |
(C) Such lease may provide for rentals commencing at any
time | 377 |
agreed upon, or advance rental, and continuing for such
period | 378 |
therein provided, notwithstanding and without diminution,
rebate, | 379 |
or setoff by reason of time of availability of the
hospital | 380 |
facility for use, delays in construction, failure of
completion, | 381 |
damage or destruction of the hospital facilities, or
for any other | 382 |
reason. | 383 |
(D) Such lease may provide for the sale or transfer of
title | 384 |
of the leased facilities pursuant to an option to purchase, | 385 |
lease-purchase, or installment purchase upon terms therein | 386 |
provided or to be determined as therein provided, which may | 387 |
include provision for the continued use thereof as a hospital | 388 |
facility for some reasonable period, taking into account
efficient | 389 |
useful life and other factors, as is provided therein. | 390 |
(F) If land acquired by a public hospital agency for a | 396 |
hospital facility is adjacent to an existing hospital facility | 397 |
owned by another hospital agency, the public hospital agency may, | 398 |
in connection with such acquisition or the leasing of such land | 399 |
and hospital facilities thereon to one or more hospital agencies, | 400 |
enter into an agreement with the hospital agency which owns such | 401 |
adjacent hospital facility for the use of common walls in the | 402 |
construction, operation, or maintenance of hospital facilities of | 403 |
the public hospital agency. For the purpose of construction, | 404 |
operation, or maintenance of hospital facilities, a public | 405 |
hospital agency may acquire by purchase, gift, lease, lease with | 406 |
option to purchase, lease-purchase, or installment purchase, | 407 |
easement deed, or other agreement, real estate and interests in | 408 |
real estate, including rights to use space over, under or upon | 409 |
real property owned by others, and support, access, common wall, | 410 |
and other rights in connection therewith. Any public hospital | 411 |
agency or other political subdivision or any public agency,
board, | 412 |
commission, institution, body, or instrumentality may
grant such | 413 |
real estate, interests, or rights to any hospital
agency upon such | 414 |
terms as are agreed upon without necessity for
competitive bidding | 415 |
or public auction. | 416 |
Sec. 325.19. (A)(1) The granting of vacation leave under | 417 |
division (A)(1) of this section is subject to divisions (A)(2)
and | 418 |
(3) of this section. Each full-time employee in the several | 419 |
offices and departments of the county service, including
full-time | 420 |
hourly rate employees, after service of one year with
the county | 421 |
or any political subdivision of the state, shall have
earned and | 422 |
will be due upon the attainment of the first year of
employment, | 423 |
and annually thereafter, eighty hours of vacation
leave with full | 424 |
pay. One year of service shall be computed on
the basis of | 425 |
twenty-six biweekly pay periods. A full-time county
employee with | 426 |
eight or more years of service with the county or
any political | 427 |
subdivision of the state shall have earned and is
entitled to one | 428 |
hundred twenty hours of vacation leave with full
pay. A full-time | 429 |
county employee with fifteen or more years of
service with the | 430 |
county or any political subdivision of the state
shall have earned | 431 |
and is entitled to one hundred sixty hours of
vacation leave with | 432 |
full pay. A full-time county employee with
twenty-five years of | 433 |
service with the county or any political
subdivision of the state | 434 |
shall have earned and is entitled to two
hundred hours of vacation | 435 |
leave with full pay. Such vacation
leave shall accrue to the | 436 |
employee at the rate of three and
one-tenth hours each biweekly | 437 |
period for those entitled to eighty
hours per year; four and | 438 |
six-tenths hours each biweekly period
for those entitled to one | 439 |
hundred twenty hours per year; six and
two-tenths hours each | 440 |
biweekly period for those entitled to one
hundred sixty hours per | 441 |
year; and seven and seven-tenths hours
each biweekly period for | 442 |
those entitled to two hundred hours per
year. | 443 |
(2) Full-time employees granted vacation leave under
division | 451 |
(A)(1) of this section who render any standard of
service
other | 452 |
than forty hours per week as described in division
(J) of
this | 453 |
section and who are in active pay status in a
biweekly pay
period, | 454 |
shall accrue a number of hours of vacation
leave during
each such | 455 |
pay period that bears the same ratio to
the number of
hours | 456 |
specified in division (A)(1) of this section
as their number
of | 457 |
hours which are accepted as full-time in
active pay status, | 458 |
excluding overtime hours, bears to eighty
hours. | 459 |
(3) Full-time employees granted vacation leave under
division | 460 |
(A)(1) of this section who are in active pay status in a
biweekly | 461 |
pay period for less than eighty hours or the number of
hours of | 462 |
service otherwise accepted as full-time by their
employing office | 463 |
or department shall accrue a number of hours of
vacation leave | 464 |
during that pay period that bears the same ratio
to
the number of | 465 |
hours specified in division (A)(1) of this
section
as their number | 466 |
of hours in active pay status, excluding
overtime
hours, bears to | 467 |
eighty or the number of hours of service
accepted
as full-time, | 468 |
whichever is applicable. | 469 |
(B) A board of county commissioners, by resolution, may
grant | 470 |
vacation leave with full pay to part-time county employees.
A | 471 |
part-time county employee shall be eligible for vacation leave | 472 |
with full pay upon the attainment of the first year of
employment, | 473 |
and annually thereafter. The ratio between the hours
worked and | 474 |
the vacation hours awarded to a part-time employee
shall be the | 475 |
same as the ratio between the hours worked and the
vacation hours | 476 |
earned by a full-time employee as provided for in
this section. | 477 |
(C) Days specified as holidays in section 124.19 of the | 478 |
Revised Code shall not be charged to an employee's vacation
leave. | 479 |
Vacation leave shall be taken by the employee during the
year in | 480 |
which it accrued and prior to the next recurrence of the | 481 |
anniversary date of the employee's employment, provided the | 482 |
appointing
authority may, in special and meritorious cases, permit | 483 |
such
employee to accumulate and carry over the employee's
vacation | 484 |
leave to the
following year. No vacation leave shall be carried | 485 |
over for more
than three years. An employee is entitled to | 486 |
compensation, at
the employee's current rate of pay, for the | 487 |
prorated portion
of any earned but unused vacation leave for the | 488 |
current year to the employee's
credit at time of separation, and | 489 |
in addition shall be compensated for any
unused vacation leave | 490 |
accrued to the employee's credit, with the permission
of the | 491 |
appointing authority, for the three years immediately preceding | 492 |
the
last anniversary date of employment. | 493 |
(D)(1) In addition to vacation leave, a full-time county | 494 |
employee is entitled to eight hours of holiday pay for New Year's | 495 |
day, Martin Luther King day, Washington-Lincoln day, Memorial
day, | 496 |
Independence day, Labor day, Columbus day, Veterans' day, | 497 |
Thanksgiving day, and Christmas day, of each year. Except
as | 498 |
provided in division (D)(2) of this section, holidays
shall occur | 499 |
on the days specified in section 1.14 of the Revised
Code. If any | 500 |
of
those holidays fall on
Saturday, the Friday immediately | 501 |
preceding shall be observed as
the holiday. If any of
those | 502 |
holidays
fall on Sunday, the Monday immediately succeeding shall | 503 |
be
observed as the holiday. If an employee's work schedule is | 504 |
other
than Monday through Friday, the employee is entitled to | 505 |
holiday pay for holidays observed on the employee's day off | 506 |
regardless of the
day of the week on which they are observed. | 507 |
(2)(a) When a classified employee of a county board of
mental | 508 |
retardation and developmental disabilities works at a site | 509 |
maintained by a
government entity other than the board, such as a | 510 |
public school, the board may
adjust the employee's holiday | 511 |
schedule to conform to the schedule adopted by
the government | 512 |
entity. Under an adjusted holiday schedule, an employee shall | 513 |
receive the number of hours of holiday pay granted under division | 514 |
(D)(1) of this section. | 515 |
(F) Notwithstanding this section or any other section of
the | 525 |
Revised Code, any appointing authority of a county office, | 526 |
department, commission, board, or body may, upon notification to | 527 |
the board of county commissioners, establish alternative
schedules | 528 |
of vacation leave and holidays for employees of the
appointing | 529 |
authority for whom the state employment relations
board has not | 530 |
established an appropriate bargaining unit pursuant
to section | 531 |
4117.06 of the Revised Code, provided that the
alternative | 532 |
schedules are not inconsistent with the provisions of
a collective | 533 |
bargaining agreement covering other employees of
that appointing | 534 |
authority. | 535 |
(I) Division (A) of this section does not apply to an | 542 |
employee of
a county board of mental retardation and developmental | 543 |
disabilities who works
at, or provides transportation services to | 544 |
pupils of, a special education
program provided by the county | 545 |
board pursuant to division (A)(4) of
section 5126.05 of the | 546 |
Revised Code, if the employee's employment is based on a school | 547 |
year
and the employee is not subject to a contract with the county | 548 |
board that
provides for division (A) of this section to apply to | 549 |
the employee. | 550 |
(B) A board of county commissioners may purchase,
acquire, | 574 |
lease, appropriate, and construct a county hospital or
hospital | 575 |
facilities thereof. After a county hospital or hospital
facilities | 576 |
have been fully completed and sufficiently equipped
for occupancy, | 577 |
any subsequent improvements, enlargements, or
rebuilding of any | 578 |
such facility shall be made by the board of
county hospital | 579 |
trustees or a hospital commission appointed
pursuant to section | 580 |
339.14 of the Revised Code. | 581 |
(C)(1) A board of county commissioners, board of county | 582 |
hospital trustees, or hospital
commission may purchase, acquire, | 583 |
lease, appropriate, or
construct an outpatient health facility in | 584 |
another county to serve as a branch of the county
hospital. The | 585 |
outpatient health facility
may include office space for | 586 |
physicians. The facility shall be operated
pursuant to
the law | 587 |
that regulates the operation of the county hospital. A | 588 |
(a) The
board of county hospital trustees or a hospital | 592 |
commission that
proposes to establish such a facility shall give | 593 |
written notice
to its board of county commissioners and to the | 594 |
board of county
commissioners of the county where the
facility is | 595 |
to be located.
The board of county commissioners where the | 596 |
facility is
to be located, by resolution adopted within forty days | 597 |
after
receipt of the notice, may object to the proposed facility. | 598 |
The
resolution shall include an explanation of the objection and | 599 |
may
make any recommendations the board considers necessary. The | 600 |
board
shall send a copy of the resolution to the board of county | 601 |
hospital trustees or the hospital commission and to the board of | 602 |
county commissioners of the county that proposes to locate the | 603 |
facility in the other county. | 604 |
(2)(b) Except as provided in division (C)(3)(2)(c) of this | 605 |
section,
the board of county hospital trustees or the hospital | 606 |
commission
may establish and operate the facility,
unless the | 607 |
board of county commissioners of the county
proposing to locate | 608 |
the
facility in the other county, not later than
twenty days after | 609 |
receiving a resolution of objection from the other
county's board | 610 |
of county commissioners pursuant to division (C)(1)(2)(a) of
this | 611 |
section, adopts a resolution denying the trustees or
commission | 612 |
the right to establish the facility. | 613 |
(B) Unless a board of county hospital trustees for the
county | 627 |
is in existence in accordance with this section, such
board
shall | 628 |
be created pursuant to this section after the board
of
county | 629 |
commissioners first determines by resolution to
establish a
county | 630 |
hospital. Copies of such resolution shall be
certified to
the | 631 |
probate judge of the county senior in point of
service and to
the | 632 |
judge, other than a probate judge, of the
court of common
pleas of | 633 |
the county senior in point of service.
The | 634 |
(1) Annually
thereafter except as provided in division
(D)(2) | 681 |
of
this section, on the first Monday of March, the board of
county | 682 |
commissioners together with the probate judge of the
county
senior | 683 |
in point of service and the judge of the court of
common
pleas of | 684 |
the county senior in point of service shall
appoint or
reappoint | 685 |
for a term of six years a sufficient number
of
electors
of the | 686 |
area served by the hospitalmembers to replace those
trustees | 687 |
members whose terms
have expired. | 688 |
(3) The appointing authority may fill a vacancy by seeking | 693 |
nominations from a selection committee consisting of one county | 694 |
commissioner designated by the board of county commissioners, the | 695 |
chair of the board of county hospital trustees, and the county | 696 |
hospital administrator. If nominations for filling a vacancy are | 697 |
sought from a selection committee, the committee shall nominate at | 698 |
least three individuals for the vacancy. The appointing authority | 699 |
may fill the vacancy by appointing one of the nominated | 700 |
individuals or by appointing another individual selected by the | 701 |
appointing authority. | 702 |
(G)(1) The board of county commissioners together with the | 707 |
probate judge senior in point of service and the judge of the | 708 |
court of common pleas senior in point of service in any county in | 709 |
which a board of county hospital trustees has been appointed may | 710 |
expand the number of
trusteesmembers to eight or to ten.
Such | 711 |
additional
trustees shall be electors of the area served by the | 712 |
hospital.
When the number of
trusteesmembers is increased
to | 713 |
eight, one shall be
appointed for a three-year and one for a | 714 |
six-year term from the
first Monday of March thereafter. When
the | 715 |
number of
trusteesmembers is
increased from six to ten, the term | 716 |
for
additional members shall
be: one for one year, one for three | 717 |
years, one for four years,
and one for six years from the first | 718 |
Monday of March thereafter.
When the number of
trusteesmembers is | 719 |
increased from eight to ten, the
term for additional members
shall | 720 |
be: one for one year and one
for four years from the first
Monday | 721 |
of March thereafter.
Thereafter except as provided in
division | 722 |
(D)(G)(2) of this section,
upon the expiration of the term
of | 723 |
office of each
trusteemember, the
trustee's successorvacancy | 724 |
shall be
appointed for a
term of six yearsfilled in the manner | 725 |
specified in division (F) of this section. | 726 |
(2) The board of county commissioners together with the | 727 |
probate judge senior in point of service and the judge of the | 728 |
court of common pleas senior in point of service may reduce the | 729 |
number of
members of a board of county hospital trustees to eight | 730 |
or to six.
The reduction shall occur on expiration of a
trustee's | 731 |
member's term of
office, at which time no appointment shall be | 732 |
made. While the
board of county commissioners and the judges are | 733 |
in the process
of
reducing the number of
trusteesmembers, the | 734 |
board of county hospital
trustees may consist of nine or seven | 735 |
trusteesmembers for one year. | 736 |
(I) The members of a board of county hospital trustees shall | 750 |
serve without compensation, but shall be allowed their necessary | 751 |
and reasonable expenses incurred in the performance of their | 752 |
duties, including the cost of their participation in any | 753 |
continuing education programs or developmental programs that the | 754 |
members consider necessary. Allowable expenses shall be paid out | 755 |
of the funds provided for the county hospital. | 756 |
(F) The board of county commissioners, together with the | 769 |
probate judge senior in point of service and the judge of the | 770 |
court of common pleas senior in point of service, shall fill all | 771 |
vacancies that occur in such board of county hospital trustees | 772 |
which result from death, resignation, or removal from office by | 773 |
appointment of electors from the area served by the hospital to | 774 |
fill the unexpired terms.
Any trustee appointed under this
section | 775 |
may be removed
from
office by the appointing authority
for cause | 776 |
impairing
faithful,
efficient, and intelligent
administration, or | 777 |
for
conduct
unbecoming to such office, after
an opportunity is | 778 |
given
to be
heard before the appointing
authority upon written | 779 |
charges
initiated by the appointing
authority or board of | 780 |
trustees, but no
removal shall be made for
political reasons. | 781 |
(G) SuchA board of county hospital trustees shall hold | 782 |
meetings at
least once a month, shall adopt necessary rules of | 783 |
procedure, and
shall keep a record of its proceedings and a
strict | 784 |
account of all
its receipts, disbursements, and
expenditures; and | 785 |
upon. On
completion of the construction and
equipping of a
county | 786 |
hospital
such, the board shall file such account with
the board of | 787 |
county
commissioners and make final settlement with
suchthe board | 788 |
of
county commissioners for the
construction and equipping of the | 789 |
hospital. | 790 |
Sec. 339.03. The board of county hospital trustees shall | 791 |
have complete charge of the selection and purchase or lease of a | 792 |
site or sites for a county hospital, taking title or leasehold | 793 |
interest to such site or sites in the name of the county, the | 794 |
selection of plans and specifications, the determination and | 795 |
erection of all necessary buildings on such site or sites, and of | 796 |
the selection and installation of all necessary and proper | 797 |
furniture, fixtures, and equipment. The | 798 |
AThe board of county hospital trustees may construct an | 807 |
addition to the county hospital, acquire an existing structure
for | 808 |
the purpose of leasing office space to local physicians, or
lease | 809 |
real property to any person to construct facilities for
providing | 810 |
medical services other than inpatient hospital services
if the | 811 |
board of county hospital trustees determines that such
purpose is | 812 |
reasonably related to the proper operation of the
county hospital. | 813 |
(2) Of the funds used in the county hospital's operation,
all | 847 |
or part of the
moneysany amount determined not to be necessary to | 848 |
meet current demands on
the hospital may be invested by the board | 849 |
of county hospital trustees or its designee
in any classifications | 850 |
of securities and obligations eligible for deposit or
investment | 851 |
of county moneys pursuant to section 135.35 of the Revised Code, | 852 |
subject to the
approval of the board's written investment policy | 853 |
by the county investment
advisory committee established pursuant | 854 |
to section 135.341 of the Revised Code. | 855 |
(B)(3) Annually by the first day of November, not later than | 856 |
sixty days before the end of the fiscal year used by the county | 857 |
hospital, the board of
county hospital trustees shall submit its | 858 |
proposed budget for the
ensuing fiscal year to the board of county | 859 |
commissioners for that board's review and
approval, and the. The | 860 |
board of county commissioners shall review the proposed budget and | 861 |
may revise the budget or require the board of county hospital | 862 |
trustees to revise the budget. The board of county commissioners | 863 |
shall approve athe proposed or revised
budget for the county | 864 |
hospital by the first day of Decemberthe fiscal year to which the | 865 |
budget applies. If
the board of county commissioners has not | 866 |
approved the budget by the first day of the fiscal year to which | 867 |
the budget applies, the budget is deemed to have been approved by | 868 |
the board on the first day of that fiscal year. | 869 |
(4) The board of county hospital trustees shall not expend | 870 |
funds received from taxes collected pursuant to any tax levied | 871 |
under section
5705.22 of the Revised Code or the amount | 872 |
appropriated to the
county hospital by the board of county | 873 |
commissioners in the annual appropriation
measure for the county | 874 |
for the ensuing fiscal year differ from
the amount shown in the | 875 |
approved budget, the board of county
commissioners may require the | 876 |
board of county hospital trustees
to revise the hospital budget | 877 |
accordingly. The board of trustees
shall not expend such funds | 878 |
until its budget for that calendarthe applicable fiscal
year is | 879 |
submitted to and approved by the board of county
commissionersin | 880 |
accordance with division (C)(3) of this section. Thereafter such | 881 |
funds | 882 |
(5) Funds under the control of the board of county hospital | 883 |
trustees may be disbursed by the
board of county hospital | 884 |
trustees, consistent with the approved
budget, for the uses and | 885 |
purposes of suchthe county hospital; for the
replacement of | 886 |
necessary equipment; for the acquisition,
leasing, or construction | 887 |
of permanent improvements to county
hospital property; or for | 888 |
making a donation authorized by
division (C)(E) of this section. | 889 |
Each disbursement of funds shall be
made on a voucher signed by | 890 |
signatories designated
and approved by the board of county | 891 |
hospital trustees. | 892 |
(6) The head of a board of county hospital trustees is not | 893 |
required to file an estimate of contemplated revenue and | 894 |
expenditures for the ensuing fiscal year under section 5705.28 of | 895 |
the Revised Code unless the board of county commissioners levies
a | 896 |
tax for the county hospital, or such a tax is proposed, or the | 897 |
board of county hospital trustees desires that the board of
county | 898 |
commissioners make an appropriation to the county hospital
for the | 899 |
ensuing fiscal year. | 900 |
(b) The contract provides that the bank, savings and loan | 943 |
association, or savings bank shall not commence a civil action | 944 |
against the board of county commissioners, any member of the | 945 |
board, or the county to recover the principal, interest, or any | 946 |
charges or other amounts that remain outstanding on the secured | 947 |
line of credit at the time of any default by the board of county | 948 |
hospital trustees. | 949 |
(G)(I) The board of county hospital trustees may authorize a | 979 |
county hospital and each of its units, hospital board members, | 980 |
designated hospital employees, and medical staff members to be a | 981 |
member of and maintain membership in any local, state, or
national | 982 |
group or association organized and operated for the
promotion of | 983 |
the public health and welfare or advancement of the
efficiency of | 984 |
hospital administration and in connection therewith
to use tax | 985 |
funds for the payment of dues and fees and related
expenses but | 986 |
nothing in this section prohibits the board from
using receipts | 987 |
from hospital operation, other than tax funds, for
the payment of | 988 |
such dues and fees. | 989 |
(4) The board may hire, by contract or as salaried
employees, | 1003 |
such management consultants, accountants, attorneys,
engineers, | 1004 |
architects, construction managers, and other
professional advisors | 1005 |
as it determines are necessary and
desirable to assist in the | 1006 |
management of the programs and
operation of the county hospital. | 1007 |
Such professional advisors may
be paid from county hospital | 1008 |
operating funds. | 1009 |
(I)(K) Notwithstanding sections 325.191 and 325.20 of the | 1046 |
Revised
Code, the board of county hospital trustees may provide, | 1047 |
without
the prior authorization of the board of county | 1048 |
commissioners,
scholarships for education in the health care | 1049 |
professions,
tuition reimbursement, and other staff development | 1050 |
programs to
enhance the skills of health care professionals for | 1051 |
the purpose
of recruiting or retaining qualified employees. | 1052 |
Sec. 339.09. When the county hospital has been fully | 1060 |
completed and sufficiently equipped for occupancy, in lieu of | 1061 |
sections 339.06 to 339.08 of the Revised Code, the board of
county | 1062 |
commissioners of any county, on adoption of a resolution
under | 1063 |
section 339.091 of the Revised Code
and approval by the
vote of a | 1064 |
majority of the electors pursuant to section 339.092 of
the | 1065 |
Revised Code, may, upon such terms as are agreed upon between
the | 1066 |
board and a constituted and empowered nonsectarian Ohio | 1067 |
corporation, organized for charitable purposes and not for
profit, | 1068 |
a majority of whose members reside in the county, enter into an | 1069 |
agreement to lease
for use as
a hospital or hospital facilities, | 1070 |
the lands, the
buildings, and
equipment of any hospital owned by | 1071 |
said county.
Such lease may be
from year to year or may provide | 1072 |
for a term of
not more than
thirty years and may provide that such | 1073 |
board has
the option to
renew such lease at the expiration thereof | 1074 |
for a
further term of
not more than thirty years upon such terms | 1075 |
as are
provided for in
such lease. In the event that said | 1076 |
nonprofit
corporation fails to
faithfully and efficiently | 1077 |
administer,
maintain, and operate such
hospital as a public | 1078 |
hospital,
admitting patients without regard
to race, creed, or | 1079 |
color, then,
after an opportunity is given to
be heard upon | 1080 |
written charges,
said agreement shall terminate and
the control | 1081 |
and management of
said hospital, together with all
additions, | 1082 |
improvements, and
equipment, shall revert to and become
the | 1083 |
property of the county
to be operated as provided by law. | 1084 |
Sec. 339.091. Before the board of county commissioners, | 1085 |
board of county hospital trustees, or county hospital commission | 1086 |
may enter into an initial agreement for the acquisition, | 1087 |
operation, or lease under section 140.03, 140.05, 339.09, or | 1088 |
339.14 of the Revised Code of a county hospital operated by a | 1089 |
board of county hospital trustees under section 339.06 of the | 1090 |
Revised Code, the board of county commissioners shall review the | 1091 |
agreement.
If it finds that the agreement will meet the needs of | 1092 |
the residents of the county for hospital service, the board of | 1093 |
county commissioners may adopt a resolution authorizing the board | 1094 |
of county commissioners, board of county hospital trustees, or | 1095 |
county hospital commission to enter into the agreement;
however, | 1096 |
authorization to enter into the agreement shall become effective | 1097 |
only if approved by the electors of the county pursuant to
section | 1098 |
339.092 of the Revised Code. ThisOn adoption of the resolution, | 1099 |
the board of county commissioners, board of county hospital | 1100 |
trustees, or county hospital commission may enter into the | 1101 |
agreement. | 1102 |
Sec. 339.14. (A) Upon application to the board of county | 1108 |
commissioners by an Ohio corporation or corporations, organized | 1109 |
for charitable hospital purposes and not for profit, in this | 1110 |
section called participating hospital corporations, the board of | 1111 |
county commissioners may, after a determination that the | 1112 |
preservation of the public health requires additional hospital | 1113 |
facilities in the county, appoint a hospital commission of not | 1114 |
less than three members, in this section called the county | 1115 |
hospital commission. Not less than three members of such | 1116 |
commission shall be appointed to represent the public, and there | 1117 |
shall be appointed to the commission one additional member for | 1118 |
each participating hospital corporation, and there may be | 1119 |
appointed to the commission one additional member for each | 1120 |
nonparticipating charitable hospital corporation in the county
and | 1121 |
one or more members for any joint township hospital district | 1122 |
participating under an agreement pursuant to section 513.081 of | 1123 |
the Revised Code. All members representing the county and
hospital | 1124 |
corporations shall be electors of the county. All
members shall | 1125 |
serve without compensation. Of the first three
public members | 1126 |
appointed to the commission one shall be appointed
for a term of | 1127 |
two years, one for a term of four years, and one
for
a term of six | 1128 |
years. Thereafter, such public members shall
be
appointed for a | 1129 |
term of six years as shall be any additional
public members. | 1130 |
Members representing participating and
nonparticipating hospital | 1131 |
corporations shall be appointed for a
term of six years. Vacancies | 1132 |
shall be filled by appointment by
the board of county | 1133 |
commissioners for the unexpired term. | 1134 |
(B) The county hospital commission after consultation with | 1135 |
participating hospital corporations and agreement as to their | 1136 |
respective needs and the needs of the public of the county for | 1137 |
hospital service may, with the consent of the board of county | 1138 |
commissioners, accept conveyances of real estate and interests in | 1139 |
real estate, situated within the county, from any person and may, | 1140 |
on adoption of a resolution by the board of county commissioners | 1141 |
pursuant to section 339.091 of the Revised Code
and approval by | 1142 |
the electors pursuant to section 339.092 of the Revised Code, | 1143 |
enter into an agreement before or after such conveyance with such | 1144 |
person or with one or more Ohio corporations organized for | 1145 |
charitable hospital purposes or nonprofit corporation organized
to | 1146 |
provide services to corporations organized for charitable
hospital | 1147 |
purposes, to lease to such corporation or corporations
upon such | 1148 |
terms as may be agreed upon such real estate together
with | 1149 |
improvements thereof and buildings thereafter constructed
thereon | 1150 |
and furniture, fixtures, and equipment therein for use as
a | 1151 |
general hospital or a hospital facility, the lease shall be for
a | 1152 |
period not to exceed fifty years, renewable for a like term and | 1153 |
may contain provisions for the sale of such property to the
lessee | 1154 |
upon the unanimous consent of the board of county
commissioners | 1155 |
for a purchase price representing not less than the
actual cost to | 1156 |
the county, less depreciation, computed at the
rate customarily | 1157 |
applied to similar structures; or such general
hospital or | 1158 |
hospital facilities may be leased pursuant to and
upon terms as | 1159 |
provided pursuant to section 140.05 of the Revised
Code, or the | 1160 |
commission may enter into agreements with respect
thereto as | 1161 |
provided in section 140.03 of the Revised Code,
notwithstanding | 1162 |
other provisions of this section. | 1163 |
(C) If the land conveyed under division (B) of this
section | 1164 |
is adjacent to an existing hospital, the county hospital | 1165 |
commission may, at the time of the acceptance of the conveyance
or | 1166 |
the leasing of the proposed hospital facilities, enter into an | 1167 |
agreement with the owner of such existing hospital for the use of | 1168 |
common walls in the construction of the county hospital, or | 1169 |
hospital facilities or rights and interests may be acquired as | 1170 |
provided in division (F) of section 140.05 of the Revised Code. | 1171 |
(D) The county hospital commission may take all steps | 1172 |
necessary for the acquisition or construction, equipment, | 1173 |
enlarging, rebuilding, or other improvement, of hospital | 1174 |
facilities and may request the board of county commissioners to | 1175 |
submit to the electors of the county, in the manner provided in | 1176 |
Chapter 133. of the Revised Code, a bond issue to cover the costs | 1177 |
of hospital facilities, as defined in section 140.01 of the | 1178 |
Revised Code. | 1179 |
(E) If a bond issue provided for above is approved by the | 1180 |
vote of a majority of the electors voting on the issue, the board | 1181 |
of elections for such county shall certify the results of such | 1182 |
election as provided in section 133.18 of the Revised Code, and | 1183 |
the board of county commissioners shall proceed with the | 1184 |
authorization and issuance of the bonds or notes in anticipation | 1185 |
thereof, in the manner provided in Chapter 133. of the Revised | 1186 |
Code for the issuance of bonds and notes by boards of county | 1187 |
commissioners. | 1188 |
(F) The county hospital commission shall take title in the | 1189 |
name of the county to any land conveyed pursuant to this section, | 1190 |
and shall have final approval of all plans and specifications for | 1191 |
the erection and equipping of the hospital facilities
contemplated | 1192 |
in this section. The commission may employ
architects and such | 1193 |
other assistants as may be required in the
construction, including | 1194 |
supervision, and pay the expenses thereof
out of the funds | 1195 |
provided for such hospital facilities. | 1196 |
(I) The county hospital commission has continuing | 1210 |
jurisdiction of the hospital facilities constructed under this | 1211 |
section provided that the lessee corporation shall be solely | 1212 |
responsible for the administration, maintenance, and operation of | 1213 |
the leased facilities including the selection of personnel. In
the | 1214 |
event the lessee corporation fails to administer, maintain,
and | 1215 |
operate the leased hospital facilities as a public general | 1216 |
hospital or hospital facility, in accordance with the terms of
the | 1217 |
agreement, admitting patients without regard to race, creed,
or | 1218 |
color, then, after an opportunity is given by the county
hospital | 1219 |
commission to be heard on written charges, the lease
shall be | 1220 |
terminated by the county hospital commission, with the
consent of | 1221 |
the board of county commissioners, and the control and
management | 1222 |
of the hospital facilities together with all additions
and | 1223 |
equipment shall revert to the county to be operated as
provided by | 1224 |
law. | 1225 |
(K) Upon request of the county hospital commission, the
board | 1229 |
of county commissioners may issue unvoted bonds or notes in | 1230 |
anticipation thereof in the manner provided in Chapter 133. of
the | 1231 |
Revised Code to pay costs of hospital facilities as defined
in | 1232 |
section 140.01 of the Revised Code. The bonds and notes
authorized | 1233 |
by this division shall be issuable only after there
has
been | 1234 |
entered into a lease, pursuant to this section or
section
140.05 | 1235 |
of the Revised Code, of the hospital facilities to
be
financed | 1236 |
thereby providing for rental payments which, together
with rentals | 1237 |
payable under any prior lease available therefor,
shall be at | 1238 |
least sufficient, as to amounts and times of payment,
to provide | 1239 |
funds necessary to cover interest charges on all bonds
authorized | 1240 |
under this division and to provide a sufficient amount
for | 1241 |
retirement or sinking fund to retire such bonds as they
become | 1242 |
due. Such bonds and notes shall not be considered in
ascertaining | 1243 |
the limitations on net indebtedness of section
133.07 of the | 1244 |
Revised Code. No amendment of such lease shall
have the effect of | 1245 |
reducing the rental payments below the amount
required to meet | 1246 |
such interest and bond retirement requirements. | 1247 |
(A)(1) Group or individual insurance contracts which may | 1253 |
include life, sickness, accident, disability, annuities, | 1254 |
endowment, health, medical expense, hospital, dental, surgical
and | 1255 |
related coverage or any combination thereof; | 1256 |
(B) A board of trustees of any county hospital may contract | 1260 |
for,
purchase, or otherwise procure insurance contracts which | 1261 |
provide
protection for the trustees, the board's employees, and | 1262 |
the employees of the hospital against liability,
including | 1263 |
professional liability, provided that this section or
any | 1264 |
insurance contract issued pursuant to this section shall not
be | 1265 |
construed as a waiver of or in any manner affect the immunity
of | 1266 |
the hospital or county. | 1267 |
(C) All or any portion of the cost, premium, fees, or charges | 1268 |
thereforfor the insurance benefits specified in divisions (A) and | 1269 |
(B) of this section may be paid in such manner or combination of | 1270 |
manners as
the board of trustees may determine, including direct | 1271 |
payment by
thean employee, and, if authorized in writing by the | 1272 |
an employee, by
the board of trustees with moneys made available | 1273 |
by deduction
from or reduction in salary or wages or by the | 1274 |
foregoing of a
salary or wage increase. | 1275 |
Sec. 339.17. (A) Sections 140.03 and 140.05 of the
Revised | 1282 |
Code are alternatives to sections 339.02 to 339.13 of the
Revised | 1283 |
Code. Sections 339.02 to 339.14 of
the Revised Code are not | 1284 |
applicable with respect to hospital
facilities and services | 1285 |
provided for under leases or agreements
entered into pursuant to | 1286 |
section 140.03 or 140.05 of the Revised
Code, except to the extent | 1287 |
made applicable by section 140.03 or
140.05 of the Revised Code | 1288 |
and the leases and agreements made
thereunder. | 1289 |
(B) Notwithstanding division (A) of this section, the | 1290 |
requirements of
sectionssection 339.091
and 339.092 of the | 1291 |
Revised Code
apply to an initial agreement with a board of county | 1292 |
commissioners, board of county hospital trustees, or county | 1293 |
hospital commission for the acquisition, operation, or lease of a | 1294 |
county hospital operated by a board of county hospital trustees | 1295 |
under section 339.06 of the Revised Code, entered into pursuant
to | 1296 |
section 140.03 or 140.05 of the Revised Code, but not to any | 1297 |
amendment or renewal of such agreement. | 1298 |