As Reported by the House Local and Municipal Government and Urban Revitalization Committee

127th General Assembly
Regular Session
2007-2008
Sub. S. B. No. 84


Senator Schaffer 

Cosponsors: Senators Boccieri, Cates, Amstutz, Fedor, Harris, Mason, Padgett, Seitz, Schuler, Schuring, Spada, Wilson, Smith, Stivers, Faber, Gardner, Niehaus, Sawyer 

Representatives Combs, McGregor, J., Flowers, Mallory, Chandler 

A BILL
To amend sections 305.09, 305.10, 305.11, and 1
5502.31 of the Revised Code to allow boards of 2
county commissioners to maintain meeting records 3
by electronic means and to specify an 4
additional type of Emergency Management Agency 5
for which a political subdivision may make an 6
appropriation. 7


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

       Section 1.  That sections 305.09, 305.10, 305.11, and 8
5502.31 of the Revised Code be amended to read as follows:9

       Sec. 305.09.  All the proceedings of the board of county 10
commissioners shall be public, at the office provided for the 11
board in the county seat, or at another location, as provided in 12
division (B) of section 305.06 or division (B) of section 305.07 13
of the Revised Code, and, as far as possible, shall be in 14
conformity with the rules of parliamentary law.15

       If the clerk of the board maintains the full record of the 16
proceedings by electronic means, the chairperson of the board, 17
prior to complying with division (A) of section 305.11 of the 18
Revised Code, shall announce that the record is being maintained 19
in such a manner and, during the proceedings, shall ensure that 20
each person self-identifies prior to speaking during the 21
proceedings.22

       Sec. 305.10. The(A) Except as otherwise provided in 23
division (B) of this section, the clerk of the board of county24
commissioners shall keep a full written record of the proceedings 25
of the board, and a written general index of suchthose26
proceedings, entering each motion with the name of the person 27
making it on the record. HeThe clerk shall call and record the 28
yeas and nays on each motion which involves the levying of taxes 29
or appropriation or payment of money. HeThe clerk shall state 30
fully and clearly in the record any question relating to the 31
powers and duties of the board which is raised for its 32
consideration by any person having an interest therein, together 33
with the decision on such question, and shall call and record the 34
yeas and nays by which the decision is made. When requested by a 35
party interested in the proceedings or by hisa party's counsel, 36
the clerk shall record any legal proposition decided by the board, 37
the decision thereon, and the votes by which the decision is 38
reached. If either party, in person or by counsel, excepttakes 39
exception to such decision, the clerk shall record the exceptions40
with the record of the decision.41

       (B) A board of county commissioners may elect to maintain a 42
full record of its proceedings by electronic means, including, but 43
not limited to, those listed in section 9.01 of the Revised Code, 44
by adopting a resolution that directs the clerk to maintain a full 45
record of the proceedings by electronic means. The clerk also 46
shall maintain a general index of the electronic record in either 47
a written form or by electronic means, as determined by the board 48
in its resolution. The board's resolution also may authorize the 49
clerk to maintain a written summary of the record of the 50
proceedings, provided that the summary shall include a notation 51
that the full record of proceedings is maintained by electronic 52
means. If the electronic means malfunctions, the clerk shall 53
create the full written record of the proceedings as described in 54
division (A) of this section.55

       Sec. 305.11.  Immediately upon the opening of each day's 56
session of the board of county commissioners, the records of the 57
proceedings of the session of the previous day shall be read, or 58
provided to each commissioner in written form, by the clerk of the 59
board and, if correct, approved and signed by the commissioners. 60
In the alternative, if the clerk maintains the full record of the 61
proceedings by electronic means as authorized by division (B) of 62
section 305.10 of the Revised Code, the board shall orally approve 63
the electronic record of proceedings at the previous meeting after 64
the clerk certifies that the entire record of the proceedings at 65
that meeting is completely and accurately captured in the 66
electronic record of those proceedings. When the board is not in 67
session, the record of proceedings shall be kept in the county 68
auditor's office or, if the county has a full-time clerk, in the 69
county commissioners' office, open at all proper times to public 70
inspection. It shall be certified by the president and clerk of 71
the board and shall be received as evidence in every court in the 72
state.73

       Sec. 5502.31.  Each political subdivision may make 74
appropriations for the payment of the expenses of its local 75
activities for emergency management and for the payment of the 76
expensesincurred by an agency established pursuant to section 77
5502.271 of the Revised Code or chargeable to that political 78
subdivision by agreement in any county wherein a countywide agency 79
or regional authority for emergency management has been 80
established pursuant to section 5502.26 of the Revised Code or a 81
regional authority has been established pursuant to section82
5502.27 of the Revised Code, respectively.83

       Section 2.  That existing sections 305.09, 305.10, 305.11, 84
and 5502.31 of the Revised Code are hereby repealed.85