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|
As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 26 |
REPRESENTATIVES LUCAS-HAGAN-OPFER-HOOD-BENDER-MOTTLEY-
PRINGLE-FOX-JACOBSON-
A BILL
To amend sections 121.22, 145.012, 6115.10, 6115.20, and 6115.65 and
to enact sections 6115.103 and 6115.104 of the
Revised Code to
alter the composition and method of appointment of
the members of
the boards of directors of certain existing
sanitary districts organized to provide
a water supply for domestic, municipal, and public use, and to limit
the compensation paid and benefits
provided to board
members.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.
That sections 121.22, 145.012, 6115.10, 6115.20, and
6115.65 be amended and sections 6115.103 and 6115.104 of the
Revised Code be enacted to read as follows:
Sec. 121.22. (A) This section shall be liberally
construed to require public officials to take official action and
to conduct all deliberations upon official business only in open
meetings, unless the subject matter is specifically excepted by
law.
(B) As used in this section:
(1) "Public body" means either ANY of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or
authority, and any legislative authority or board, commission,
committee, council, agency, authority, or similar
decision-making body of
any county, township, municipal corporation, school district, or
other political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A COURT OF JURISDICTION OF A SANITARY DISTRICT ORGANIZED
WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL,
AND PUBLIC USE IN EXISTENCE PRIOR TO JANUARY 1, 1997, WHEN MEETING
FOR THE PURPOSE OF THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF
THE BOARD OF DIRECTORS OF SUCH A DISTRICT OR FOR ANY OTHER MATTER RELATED TO
SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE DISTRICT. AS USED IN
DIVISION (B)(1)(c) OF THIS SECTION, "COURT OF
JURISDICTION" HAS THE SAME MEANING AS "COURT" IN SECTION 6115.01 of the Revised Code.
(2) "Meeting" means any prearranged discussion of the
public business of the public body by a majority of its members.
(3) "Regulated individual" means ANY OF THE FOLLOWING:
(a) Any A student in a state or local public educational
institution;
(b) Any A person who is, voluntarily or involuntarily, an
inmate, patient, or resident of a state or local institution
because of criminal behavior, mental illness or retardation,
disease, disability, age, or other condition requiring custodial
care.
(C) All meetings of any public body are declared to be
public meetings open to the public at all times. A member of a
public body must be present in person at a meeting open to the
public to be considered present or to vote at the meeting and for
purposes of determining whether a quorum is present at the
meeting.
The minutes of a regular or special meeting of any
public body shall be promptly prepared, filed, and maintained and
shall be open to public inspection. The minutes need only
reflect the general subject matter of discussions in executive
sessions authorized under division (G) or (J) of this section.
(D) This section does not apply to a grand jury, to an
audit conference conducted by the auditor of state or independent
certified public accountants with officials of the public office
that is the subject of the audit, to the adult parole authority
when its hearings are conducted at a correctional institution for
the sole purpose of interviewing inmates to determine parole or
pardon, to the organized crime investigations commission
established under section 177.01 of the Revised Code, to the
state medical board when determining whether to suspend a
certificate without a prior hearing pursuant to division (D) of
section 4731.22 of the Revised Code, to the board of nursing when
determining whether to suspend a license without A prior hearing
pursuant to division (B) of section 4723.181 of the Revised Code,
or to the executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code.
(E) The controlling board, the development financing
advisory council, the industrial technology and enterprise
advisory council,
the tax credit authority, or the minority development
financing commission, when meeting to consider granting
assistance pursuant to Chapter 122. or 166. of the Revised Code,
in order to protect the interest of the applicant or the possible
investment of public funds, by unanimous vote of all board,
council,
authority, or commission members present, may close the meeting during
consideration of the following information confidentially
received by the commission, authority, council, or board from
the
applicant:
(1) Marketing plans;
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or
members of the applicant's immediate family, including, but not
limited to,
tax records or other similar information not open to public
inspection.
The vote by the commission, authority, council, or board to
accept
or reject the application, as well as all proceedings of the
commission, authority, council, or board not subject to this
division,
shall be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a
reasonable method whereby any person may determine the time and
place of all regularly scheduled meetings and the time, place,
and purpose of all special meetings. A public body shall not
hold a special meeting unless it gives at least twenty-four
hours' advance notice to the news media that have requested
notification, except in the event of an emergency requiring
immediate official action. In the event of an emergency, the
member or members calling the meeting shall notify the news media
that have requested notification immediately of the time, place,
and purpose of the meeting.
The rule shall provide that any person, upon request
and payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this
section, the members of a public body may hold an executive
session only after a majority of a quorum of the public body
determines, by a roll call vote, to hold an executive
session and only
at a regular or special meeting for the sole purpose of the
consideration of any of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for
the elected official's removal from office. If a public body holds
an executive
session pursuant to division (G)(1) of this section, the motion
and vote to hold that executive session shall state which one or
more of the approved purposes listed in division (G)(1) of this
section are the purposes for which the executive session is to be
held, but need not include the name of any person to be
considered at the meeting.
(2) To consider the purchase of property for public
purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair
competitive or bargaining advantage to a person whose personal,
private interest is adverse to the general public interest. No
member of a public body shall use this division (G)(2) OF
THIS SECTION as a
subterfuge
for providing covert information to prospective buyers or
sellers. A purchase or sale of public property is void if the
seller or buyer of the public property has received covert
information from a member of a public body that has not been
disclosed to the general public in sufficient time for other
prospective buyers and sellers to prepare and submit offers.
If the minutes of the public body show that all meetings
and deliberations of the public body have been conducted in
compliance with this section, any instrument executed by the
public body purporting to convey, lease, or otherwise dispose of
any right, title, or interest in any public property shall be
conclusively presumed to have been executed in compliance with
this section insofar as title or other interest of any bona fide
purchasers, lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the
subject of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations
or bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal
law or rules or state statutes;
(6) Specialized details of security arrangements if
disclosure of the matters discussed might reveal information that
could be used for the purpose of committing, or avoiding
prosecution for, a violation of the law.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (6) of this section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A PUBLIC BODY SPECIFIED IN DIVISION (B)(1)(c) OF
THIS SECTION SHALL NOT HOLD AN EXECUTIVE SESSION WHEN MEETING FOR THE PURPOSES
SPECIFIED IN THAT DIVISION.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting
that results from deliberations in a meeting not open to the
public is invalid unless the deliberations were for a purpose
specifically authorized in division (G) or (J) of this section and
conducted at an executive session held in compliance with this
section. A resolution, rule, or formal action adopted in an open
meeting is invalid if the public body that adopted the
resolution, rule, or formal action violated division (F) of this
section.
(I)(1) Any person may bring an action to enforce the
provisions of this section. An action under this
division (I)(1) OF THIS SECTION shall
be brought within two years after the date of the alleged
violation or threatened violation. Upon proof of a violation or
threatened violation of this section in an action brought by any
person, the court of common pleas shall issue an injunction to
compel the members of the public body to comply with its
provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall
order the public body that it enjoins to pay a civil forfeiture
of five hundred dollars to the party that sought the injunction
and shall award to that party all court costs and, subject to
reduction as described in this
division (I)(2) OF THIS SECTION, reasonable attorney's
fees. The court, in its discretion, may reduce an award of
attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory
law and case law as it existed at the time of violation or
threatened violation that was the basis of the injunction, a
well-informed public body reasonably would believe that the
public body was not violating or threatening to violate this
section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies
the authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an
injunction pursuant to division (I)(1) of this section and the
court determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that
sought the injunction shall be conclusively and irrebuttably
presumed upon proof of a violation or threatened violation of
this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of
common pleas for that purpose by the prosecuting attorney or the
attorney general.
(J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code,
a veterans service commission shall hold an executive session for one or more
of the following purposes, unless an applicant requests a public
hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code.;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised
Code.;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the Revised Code.
(2) A veterans service commission shall not exclude an applicant for,
recipient of, or former recipient of financial assistance under sections
5901.01 to 5901.15 of the Revised Code, and
shall not exclude representatives selected by the
applicant, recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial assistance.
(3) A veterans service commission shall vote on the grant or denial of
financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open
meeting of the commission. The minutes of the meeting shall indicate the
name, address, and occupation
of the applicant, whether the assistance was granted or denied, the amount of
the assistance if assistance is granted, and the votes for and against the
granting of assistance.
Sec. 145.012. (A) "Public employee," as defined in
division (A) of section 145.01 of the Revised Code, does not
include any person:
(1) Who is employed by a private, temporary-help service
and performs services under the direction of a public employer or
is employed on a contractual basis as an independent contractor
under a personal service contract with a public employer;
(2) Who is an emergency employee serving on a temporary
basis in case of fire, snow, earthquake, flood, or other similar
emergency;
(3) Who is employed in a program established pursuant to
the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29
U.S.C.A. 1501;
(4) Who is an appointed member of either the motor vehicle
salvage dealers board or the motor vehicle dealer's board whose
rate and method of payment are determined pursuant to division
(J) of section 124.15 of the Revised Code;
(5) Who is employed as an election worker and paid less
than five hundred dollars per calendar year for such THAT
service;
(6) Who is employed as a firefighter in a position
requiring
satisfactory completion of a firefighter training
course
approved under former section 3303.07 or section
4765.55 of the Revised Code or conducted
under section 3737.33 of the Revised Code except for EITHER OF the
following:
(a) Any firefighter who has elected under section
145.013 of
the Revised Code to remain a contributing member of the public
employees retirement system;
(b) Any firefighter who was eligible to transfer from
the public employees retirement system to the police and firemen's
disability and pension fund under section 742.51 or 742.515 of
the Revised Code and did not elect to transfer.
(7) Who is a member of the board of health of a city or general health
district, which pursuant to sections 3709.051 and 3709.07 of the Revised Code
includes a combined health district, and whose compensation for attendance at
meetings of the board is set forth in division (B) of section 3709.02 or
division (B) of section 3709.05 of the Revised Code, as appropriate;
(8) WHO IS A MEMBER OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT
ESTABLISHED UNDER CHAPTER 6115. of the Revised Code.
(B) No inmate of a correctional institution
operated by the department of rehabilitation and correction, no
patient in a hospital for the mentally ill or criminally insane
operated by the department of mental health, no resident in an
institution for the mentally retarded operated by the department
of mental retardation and developmental disabilities, no resident
admitted as a patient of the Ohio veterans' home at Sandusky, and
no resident of a county home shall be considered as a public
employee for the purpose of establishing membership or
calculating service credit or benefits under this chapter.
Nothing in this section DIVISION shall be construed to affect
any service
credit attained by any person who was a public employee before
becoming an inmate, patient, or resident at any institution
listed in this section DIVISION, or the payment of any benefit
for which
such a person or the person's beneficiaries would otherwise
WOULD
be eligible.
Sec. 6115.10. Within thirty days after entering the decree incorporating a
sanitary district, providing the district is wholly within one county, the
court shall appoint one person who shall be a resident freeholder
ELECTOR within the
district as a director of the district for a term of five years from the date
of his THE PERSON'S appointment. If the district is composed of
more than one county or
part thereof, each county is entitled to one director who shall be a resident
freeholder ELECTOR of that county. In no event shall there be
more than one director
for each county. The EXCEPT AS OTHERWISE PROVIDED IN SECTION
6115.103 of the Revised Code, THE court shall fill all vacancies which THAT
occur in
the office of director. However, the board of directors of a sanitary
district organized after the effective date of this amendment
OCTOBER
9, 1981, wholly
for the reduction of populations of biting arthropods shall be composed and
appointed in accordance with section 6115.101 of the Revised Code,
AND THE BOARD OF DIRECTORS OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE
THAT WAS IN EXISTENCE PRIOR TO JANUARY 1, 1997, AND THAT INCLUDES TWO
MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE COMPOSED AND APPOINTED IN
ACCORDANCE WITH SECTION 6115.103 of the Revised Code.
Sec. 6115.103. (A) THE BOARD OF DIRECTORS OF A SANITARY DISTRICT
ORGANIZED WHOLLY FOR THE
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE
THAT WAS IN EXISTENCE PRIOR TO JANUARY 1, 1997, AND THAT INCLUDES TWO
MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE APPOINTED AS FOLLOWS:
(1) TWO MEMBERS SHALL BE APPOINTED BY THE COURT AS PROVIDED IN SECTION
6115.10
OF THE REVISED CODE, EXCEPT THAT THE MEMBERS APPOINTED BY
THE COURT SHALL RECEIVE THEIR WATER DIRECTLY OR INDIRECTLY FROM THE DISTRICT;
(2) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF ONE
OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE DISTRICT;
(3) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF THE
OTHER MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT.
THE APPOINTMENT OF A MEMBER OF THE BOARD BY THE CHIEF EXECUTIVE OFFICER
OF A MUNICIPAL CORPORATION SHALL BE APPROVED BY THE LEGISLATIVE AUTHORITY OF
THAT MUNICIPAL CORPORATION. A PERSON APPOINTED BY THE CHIEF EXECUTIVE OFFICER
OF A MUNICIPAL CORPORATION SHALL BE A RESIDENT OF THAT MUNICIPAL CORPORATION.
(B) THE INITIAL TERMS
OF THE MEMBERS OF THE BOARD OF DIRECTORS APPOINTED UNDER THIS SECTION SHALL BE
AS FOLLOWS:
(1) IN THE CASE OF THE MEMBER APPOINTED BY THE COURT WHO RESIDES IN THE
MORE POPULOUS COUNTY THAT INCLUDES PART OF THE DISTRICT, ONE YEAR FROM THE
DATE
OF THE MEMBER'S APPOINTMENT;
(2) IN THE CASE OF THE MEMBER APPOINTED BY THE COURT WHO RESIDES IN THE
LESS POPULOUS COUNTY THAT INCLUDES PART OF THE DISTRICT, TWO YEARS FROM THE
DATE OF THE MEMBER'S APPOINTMENT;
(3) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF EXECUTIVE OFFICER
OF THE MORE POPULOUS MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT, TWO YEARS
FROM THE DATE OF THE MEMBER'S APPOINTMENT;
(4) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF EXECUTIVE OFFICER
OF THE LESS POPULOUS MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT, THREE
YEARS FROM THE DATE OF THE MEMBER'S APPOINTMENT.
THEREAFTER, TERMS OF OFFICE OF ALL MEMBERS OF
THE BOARD SHALL BE THREE YEARS. EACH MEMBER OF THE BOARD APPOINTED UNDER THIS
SECTION SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF THE
TERM FOR WHICH APPOINTED. A VACANCY SHALL BE FILLED IN THE
SAME
MANNER AS THE ORIGINAL APPOINTMENT. A MEMBER APPOINTED TO FILL A VACANCY
OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR WHICH THE MEMBER'S
PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE FOR THE REMAINDER OF THAT TERM. A
MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE
MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR A PERIOD OF SIXTY
DAYS ELAPSES, WHICHEVER OCCURS FIRST. A MEMBER OF THE BOARD APPOINTED UNDER
THIS SECTION MAY BE REAPPOINTED. A MEMBER OF THE BOARD MAY BE REMOVED FOR
CAUSE BY THE APPOINTING AUTHORITY THAT ORIGINALLY APPOINTED THE MEMBER.
(C) THE APPOINTING AUTHORITIES
DESIGNATED IN DIVISION (A) OF THIS SECTION
SHALL APPOINT A NEW BOARD WITHIN EACH SANITARY DISTRICT ORGANIZED WHOLLY FOR
THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC
USE THAT WAS IN EXISTENCE PRIOR TO JANUARY 1,
1997, AND THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO COUNTIES. THE
APPOINTING AUTHORITIES SHALL MAKE THEIR APPOINTMENTS WITHIN SIXTY DAYS OF THE
EFFECTIVE DATE OF THIS SECTION. THE OFFICES OF THE MEMBERS OF THE BOARD OF
SUCH A DISTRICT ARE HEREBY ABOLISHED UPON THE APPOINTMENT OF THE NEW MEMBERS
OF
THE BOARD AS REQUIRED BY THIS DIVISION.
(D) THE APPOINTING AUTHORITIES
SPECIFIED UNDER DIVISION (A) OF THIS SECTION
SHALL ACCEPT AND CONSIDER ALL APPLICATIONS SUBMITTED BY PERSONS ELIGIBLE TO BE
APPOINTED UNDER DIVISION (A) OF THIS SECTION.
(E) IN ADDITION TO THE REQUIREMENTS SET FORTH IN SECTION 121.22
OF THE REVISED
CODE, ANY
COURT OF JURISDICTION MEETING IN REGARD TO THE APPOINTMENT, REMOVAL, OR
REAPPOINTMENT OF A MEMBER OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT
ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC,
MUNICIPAL, AND PUBLIC USE THAT WAS IN EXISTENCE PRIOR TO
JANUARY 1, 1997, OR MEETING FOR ANY OTHER
MATTER REGARDING SUCH A DISTRICT OTHER THAN LITIGATION INVOLVING THE DISTRICT
SHALL KEEP A WRITTEN TRANSCRIPT OF THE MEETING AND SHALL MAKE THE TRANSCRIPT
AVAILABLE TO THE PUBLIC UPON REQUEST.
Sec. 6115.104. (A) WITH RESPECT TO A
SANITARY DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY
FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT WAS IN EXISTENCE PRIOR TO
JANUARY 1, 1997, AND THAT
INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO COUNTIES, THERE SHALL BE APPOINTED,
WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, A SANITARY DISTRICT
ADVISORY COUNCIL. THE COUNCIL SHALL CONSIST OF ONE MEMBER WHO USES WATER
SUPPLIED DIRECTLY OR INDIRECTLY BY THE DISTRICT TO BE APPOINTED FROM EACH
MUNICIPAL CORPORATION OR TOWNSHIP THAT RECEIVES ALL OR PART OF ITS WATER
SUPPLY
DIRECTLY OR INDIRECTLY FROM THE DISTRICT. APPOINTMENTS TO THE COUNCIL SHALL
BE
MADE BY RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION
OR THE TOWNSHIP, AS APPROPRIATE. WITHIN TEN DAYS AFTER MAKING
AN APPOINTMENT TO THE COUNCIL, THE APPOINTING AUTHORITY SHALL SUBMIT AN
AUTHENTICATED COPY OF THE APPOINTMENT RESOLUTION TO THE CLERK OF THE
COURT.
(B) IF A MUNICIPAL CORPORATION OR
TOWNSHIP THAT, PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, DID NOT RECEIVE
ANY
OF ITS WATER SUPPLY FROM A SANITARY DISTRICT DESCRIBED IN DIVISION
(A) OF THIS SECTION BEGINS TO RECEIVE ALL OR
PART OF ITS WATER SUPPLY EITHER DIRECTLY OR INDIRECTLY FROM SUCH A DISTRICT
AND
THE MUNICIPAL CORPORATION OR TOWNSHIP IS NOT REPRESENTED ON THE ADVISORY
COUNCIL OF THAT DISTRICT, THE GOVERNING BODY OF THE MUNICIPAL CORPORATION OR
TOWNSHIP, WITHIN SIXTY DAYS AFTER IT BEGINS RECEIVING ALL OR PART OF ITS WATER
SUPPLY FROM THE DISTRICT, SHALL APPOINT A REPRESENTATIVE TO THE COUNCIL. IF A
MUNICIPAL CORPORATION OR TOWNSHIP THAT, ON THE EFFECTIVE DATE OF THIS SECTION,
RECEIVES ALL OR PART OF ITS WATER SUPPLY FROM SUCH A DISTRICT CEASES TO
RECEIVE
ANY OF ITS WATER SUPPLY EITHER DIRECTLY OR INDIRECTLY FROM THE DISTRICT, THE
MEMBER ON THE ADVISORY COUNCIL REPRESENTING THAT MUNICIPAL CORPORATION OR
TOWNSHIP SHALL NO LONGER SERVE ON THE COUNCIL.
(C) A MAJORITY OF THE COUNCIL
CONSTITUTES A QUORUM, AND A CONCURRENCE OF THE MAJORITY IN ANY MATTER WITHIN
THE COUNCIL'S DUTIES IS SUFFICIENT FOR ITS DETERMINATION. THE COUNCIL SHALL
APPOINT ONE OF ITS MEMBERS AS CHAIRPERSON AND ONE MEMBER AS SECRETARY. THE
COUNCIL SHALL ADOPT BYLAWS GOVERNING ITS PROCEEDINGS. THE COUNCIL SHALL MEET
AT LEAST ONCE ANNUALLY AND SHALL MEET UPON THE CALL OF ITS CHAIRPERSON OR OF
THE PRESIDENT OF THE BOARD OF DIRECTORS OF THE DISTRICT, OR WHENEVER A MAJORITY
OF THE MEMBERS OF THE COUNCIL, BY PETITION FILED WITH THE CHAIRPERSON OF THE
COUNCIL, REQUESTS A MEETING OF THE COUNCIL. THE CHAIRPERSON SHALL CALL A
MEETING OF THE COUNCIL WITHIN THIRTY DAYS AFTER THE RECEIPT OF THE
PETITION.
(D) THE COUNCIL SHALL DO BOTH OF THE FOLLOWING:
(1) ANNUALLY REVIEW AND EVALUATE THE RECEIPTS AND DISBURSEMENTS OF FUNDS
BY THE BOARD OF DIRECTORS DURING THE PRECEDING CALENDAR YEAR;
(2) REVIEW, EVALUATE, AND MAKE RECOMMENDATIONS TO THE BOARD OF DIRECTORS
REGARDING THE OPERATION, POLICIES, PROGRAMS, AND IMPROVEMENTS OF THE
DISTRICT. THE BOARD SHALL CONSIDER ALL RECOMMENDATIONS MADE UNDER DIVISION
(D)(2) OF THIS
SECTION.
Sec. 6115.20. When it is determined to let the work
relating to the improvements for which a sanitary district was
established by contract, contracts in amounts to exceed ten
thousand dollars shall be advertised after notice calling for
bids has been published once a week for five consecutive weeks
completed on THE date of last publication, in at least one newspaper
of general circulation within the sanitary district where the
work is to be done. The board of directors of the sanitary
district may reject any bid and accept any remaining bid SHALL LET
BIDS as
provided in this section or, if applicable, section 9.312 of the
Revised Code, or may advertise for other bids. If the board
advertises for other bids, the advertisement shall be published
in a newspaper of general circulation within the sanitary
district at a time and in a form as directed by the board. If
the bids are for a contract for the construction, demolition,
alteration, repair, or reconstruction of an improvement, the
board of directors of the sanitary district may SHALL let the
contract
to the lowest or best bidder who meets the requirements of
section 153.54 of the Revised Code. If the bids are for a
contract for any other work relating to the improvements for
which a sanitary district was established, the board of directors
of the sanitary district may SHALL let the contract to the
lowest or
best bidder who gives a good and approved bond, with ample
security, conditioned on the carrying out of the contract and the
payment for all labor and material. Such contract shall be in
writing and shall be accompanied by or shall refer to plans and
specifications for the work to be done prepared by the chief
engineer. The plans and specifications shall at all times SHALL
be
made and considered a part of the contract. The contract shall
be approved by the board and signed by the president of the board
and by the contractor, and shall be executed in duplicate. In
case of emergency the advertising of contracts may be waived upon
the consent of the board with the approval of the court or judge
in vacation.
IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF
PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE, ANY SERVICE
TO BE PURCHASED, INCLUDING THE SERVICES OF AN ACCOUNTANT, ARCHITECT, ATTORNEY
AT LAW, PHYSICIAN, OR PROFESSIONAL ENGINEER, AT A COST IN EXCESS OF TEN
THOUSAND DOLLARS SHALL BE OBTAINED THROUGH COMPETITIVE BIDDING WITH THE
SERVICE
CONTRACT BEING AWARDED TO THE LOWEST AND BEST BIDDER. THE BOARD OF DIRECTORS
OF A DISTRICT ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR
DOMESTIC, MUNICIPAL, AND PUBLIC USE MAY CONTRACT FOR, PURCHASE, OR OTHERWISE
PROCURE FOR THE BENEFIT OF EMPLOYEES OF THE DISTRICT AND PAY ALL OR ANY PART
OF
THE COST OF GROUP INSURANCE POLICIES THAT MAY PROVIDE BENEFITS, INCLUDING, BUT
NOT LIMITED TO, HOSPITALIZATION, SURGICAL CARE, MAJOR MEDICAL CARE,
DISABILITY,
DENTAL CARE, VISION CARE, MEDICAL CARE, HEARING AIDS, OR PRESCRIPTION DRUGS.
ANY
GROUP INSURANCE POLICY PURCHASED UNDER THIS SECTION SHALL BE PURCHASED FROM
THE
HEALTH CARE CORPORATION THAT OFFERS THE MOST COST EFFECTIVE GROUP INSURANCE
POLICY.
Sec. 6115.65. The (A) EXCEPT AS OTHERWISE PROVIDED IN
DIVISION (B) OF THIS SECTION, THE members of the board of
directors of a sanitary district and the members of the board of appraisers of
a sanitary district shall receive proper compensation to be fixed by the court
in accordance with the time actually employed in performance of
THEIR duties and shall also SHALL receive necessary
expenses incurred in performance of PERFORMING THEIR duties.
MEMBERS OF THE BOARDS OF DIRECTORS AND APPRAISERS SHALL BE PROVIDED
WORKERS' COMPENSATION COVERAGE UNDER CHAPTER 4123. of the Revised Code. MEMBERS OF
THE BOARD OF DIRECTORS SHALL NOT RECEIVE BENEFITS FROM THE DISTRICT,
INCLUDING, WITHOUT LIMITATION, MEDICAL CARE, DENTAL CARE, AND VISION CARE,
LIFE
INSURANCE COVERAGE, HOLIDAY PAY, AND LEAVE TIME OF ANY SORT.
(B)(1) MEMBERS OF THE BOARD OF DIRECTORS OF A SANITARY DISTRICT
ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR
DOMESTIC, MUNICIPAL, AND PUBLIC USE SHALL BE COMPENSATED ON A PER DIEM BASIS
FOR NO MORE THAN TWELVE MEETING DAYS PER YEAR AND ALSO SHALL RECEIVE NECESSARY
EXPENSES INCURRED IN PERFORMING THEIR DUTIES AS MEMBERS OF THE BOARD. THE PER
DIEM COMPENSATION OF THE MEMBERS SHALL BE ESTABLISHED BY THE COURT AT A RATE
NOT EXCEEDING TWO HUNDRED DOLLARS PER DAY.
(2) MEMBERS OF THE BOARD SHALL NOT RECEIVE REIMBURSEMENT FOR EXPENSES FOR
MEALS, LODGING, AND OTHER EXPENSES RELATED TO OUT-OF-STATE TRAVEL IN EXCESS OF
FIVE THOUSAND DOLLARS IN ANY CALENDAR YEAR AND SHALL RECEIVE NO REIMBURSEMENT
FOR ANY OUT-OF-STATE TRAVEL EXPENSES FOR ENTERTAINMENT, ALCOHOLIC BEVERAGES,
TIPS, OR OTHER GRATUITIES. THE MEMBERS SHALL NOT RECEIVE REIMBURSEMENT FOR
EXPENSES FOR OUT-OF-STATE TRAVEL EXPENSES IF THE EXPENSES COULD HAVE BEEN
AVOIDED THROUGH THE USE OF A TELEPHONE, FAX MACHINE, OR OTHER ELECTRONIC
MEDIUM. THE BOARD SHALL ADOPT POLICIES THAT SET FORTH THE CIRCUMSTANCES IN
WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND SET FORTH THE PROCEDURES FOR THE
REIMBURSEMENT OF THE MEMBERS FOR ANY OUT-OF-STATE TRAVEL EXPENSES THAT ARE
PERMITTED TO BE REIMBURSED UNDER THIS SECTION. ALL FINANCIAL STATEMENTS OR
REPORTS OF THE BOARD SHALL BE PREPARED ACCORDING TO GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES.
(C) Before any duties devolve upon a county auditor or a county
treasurer under
sections 6115.01 to 6115.79, inclusive, of the Revised Code THIS
CHAPTER, the board of directors shall consult them THE AUDITOR
OR TREASURER and agree upon the salaries for the extra
clerical force required in their EACH OFFICER'S respective
offices OFFICE to carry out the
requirements of the law by reason of the establishment of said
THE district. The board of directors shall provide for and pay
said THE AGREED UPON salaries to said THOSE clerks
while engaged in the work of the district. Such THE clerks
shall be selected and appointed by each of said THOSE county
officers for their respective offices. In case of disagreement as to the
compensation of such THE extra clerical force, the matter shall
be referred to the court for its determination.
Section 2. That existing sections 121.22, 145.012, 6115.10,
6115.20, and 6115.65 of the Revised Code are hereby
repealed.
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