130th Ohio General Assembly
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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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