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As Reported by the Senate Energy, Natural Resources
and Environment Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 26 |
REPRESENTATIVES LUCAS-HAGAN-OPFER-HOOD-BENDER-MOTTLEY-PRINGLE-
FOX-JACOBSON-CATES-SUTTON-BOYD-WHALEN-SAWYER-GARCIA-PATTON-JONES
A BILL
To amend sections 102.02, 121.22, 145.012, 4933.25, 6112.03, 6112.99, 6115.10,
6115.12, 6115.20, and 6115.65 and
to enact sections 6115.103, 6115.104, 6115.141, and 6115.191 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; to limit
the compensation paid and benefits provided to board members; to require the
members of the boards of directors of those
sanitary districts to file a financial disclosure statement with
the Ohio Ethics Commission; to subject all sanitary districts to
certain financial certification requirements prior to expending
moneys; and to eliminate the requirement that the Public
Utilities Commission issue certificates of public convenience
and necessity for certain private sewage disposal systems and
for sewage disposal system companies and waterworks companies
that are not public utilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 102.02, 121.22, 145.012, 4933.25, 6112.03,
6112.99, 6115.10, 6115.12, 6115.20, and 6115.65 be amended and sections
6115.103, 6115.104, 6115.141, and 6115.191 of the Revised Code be enacted to
read as follows:
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, every person who is elected to or is a
candidate for a state, county, or city office, or the office of
member of the United States congress, and every person who is
appointed to fill a vacancy for an unexpired term in such an
elective office; all members of the state board of education;
the director, assistant directors, deputy
directors, division chiefs, or persons of equivalent rank of any
administrative department of the state; the president or other
chief administrative officer of every state institution of higher
education as defined in section 3345.011 of the Revised Code; the
chief executive officer of each state retirement system; all
members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school
district or an educational service center; every person who is elected
to or is a candidate for
the office of member of a board of education of a city, local,
exempted village, joint vocational, or cooperative
education school district or of a governing board of an educational service
center that has an average daily membership of
twelve thousand or more as most recently certified to the state
board of education pursuant to division (A) of section 3317.03 of
the Revised Code; every person who is appointed to the board of education
of a municipal school district pursuant to division (B) or
(F) of section 3311.71 of the Revised Code; ALL MEMBERS OF THE BOARD OF
DIRECTORS OF A SANITARY DISTRICT ESTABLISHED UNDER CHAPTER 6115.
of the Revised Code AND ORGANIZED WHOLLY FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR
DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL CORPORATIONS
IN TWO COUNTIES; every public official or
employee who is paid a
salary or wage in accordance with schedule C of section 124.15 or
schedule E-2 of section 124.152 of the Revised Code; and every
other public official or employee who is designated by the
appropriate ethics commission pursuant to division (B) of this
section shall file with the appropriate ethics commission on a
form prescribed by the commission, a statement disclosing ALL OF THE
FOLLOWING:
(1) The name of the person filing the statement and each
member of the person's immediate family and all names under
which the
person or members of the person's immediate family does DO
business;
(2)(a) Subject to divisions (A)(2)(b) and (c) of this
section and except as otherwise provided in section 102.022 of
the Revised Code, identification of every source of income, other
than income from a legislative agent identified in division
(A)(2)(b) of this section, received during the preceding calendar
year, in the person's own name or by any other person for
the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income
was received. If the person filing the statement is a member of
the general assembly, the statement shall identify the amount of
every source of income received in accordance with the following
ranges of amounts: zero or more, but less than one thousand
dollars; one thousand dollars or more, but less than ten thousand
dollars; ten thousand dollars or more, but less than twenty-five
thousand dollars; twenty-five thousand dollars or more, but less
than fifty thousand dollars; fifty thousand dollars or more, but
less than one hundred thousand dollars; and one hundred thousand
dollars or more. Division (A)(2)(a) of this section shall not be
construed to require a person filing the statement who derives
income from a business or profession to disclose the individual
items of income that constitute the gross income of that business
or profession, except for those individual items of income that
are attributable to the person's or, if the income is shared with
the person, the partner's, solicitation of services or goods or
performance, arrangement, or facilitation of services or
provision of goods on behalf of the business or profession of
clients, including corporate clients, who are legislative agents
as defined in section 101.70 of the Revised Code. A person who
files the statement under this section shall disclose the
identity of and the amount of income received from a person whom
WHO
the public official or employee knows or has reason to know is
doing or seeking to do business of any kind with the public
official's or employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent, as defined in section 101.70 of the Revised
Code, during the preceding calendar year, in the person's
own name or by
any other person for the person's use or benefit, by the
person filing the
statement, and a brief description of the nature of the services
for which the income was received. Division (A)(2)(b) of this
section requires the disclosure of clients of attorneys or
persons licensed under section 4732.12 of the Revised Code, or
patients of persons certified under section 4731.14 of the
Revised Code, if those clients or patients are legislative agents.
Division (A)(2)(b) of this section requires a person filing the
statement who derives income from a business or profession to
disclose those individual items of income that constitute the
gross income of that business or profession that are received
from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are
required not to reveal, disclose, or use confidences of clients,
patients, or other recipients of professional services except
under specified circumstances or generally are required to
maintain those types of confidences as privileged communications
except under specified circumstances. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as
described in division (A)(2)(c) of this section to disclose the
name, other identity, or address of a client, patient, or other
recipient of professional services if the disclosure would
threaten the client, patient, or other recipient of professional
services, would reveal details of the subject matter for which
legal, medical, or professional advice or other services were
sought, or would reveal an otherwise privileged communication
involving the client, patient, or other recipient of professional
services. Division (A)(2)(a) of this section does not require an
attorney, physician, or other professional subject to a
confidentiality requirement as described in division (A)(2)(c) of
this section to disclose in the brief description of the nature
of services required by division (A)(2)(a) of this section any
information pertaining to specific professional services rendered
for a client, patient, or other recipient of professional
services that would reveal details of the subject matter for
which legal, medical, or professional advice was sought or would
reveal an otherwise privileged communication involving the
client, patient, or other recipient of professional services.
(3) The name of every corporation on file with the
secretary of state that is incorporated in Ohio THIS STATE or
holds a
certificate of compliance authorizing it to do business in this
state, trust, business trust, partnership, or association that
transacts business in Ohio THIS STATE in which the person filing
the
statement or any other person for the person's use and
benefit had during
the preceding calendar year an investment of over one thousand
dollars at fair market value as of the thirty-first day of
December of the preceding calendar year, or the date of
disposition, whichever is earlier, or in which the person holds
any office or has a fiduciary relationship, and a description of
the nature of the investment, office, or relationship. This
division DIVISION (A)(3) OF THIS SECTION does not require
disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting
business in the state to whom the person filing the statement
owes, in the person's own name or in the name of any other
person, more
than one thousand dollars. This division DIVISION (A)(5)
OF THIS SECTION shall not be construed
to require the disclosure of debts owed by the person resulting
from the ordinary conduct of a business or profession or debts on
the person's residence or real property used primarily for
personal recreation, except that the superintendent of financial
institutions shall disclose the
names of all
state-chartered savings and loan associations and of
all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other
person owes any money,
and that the superintendent and any deputy
superintendent of banks shall disclose the names of all state-chartered
banks and all bank subsidiary corporations subject to regulation
under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting
business in the state, other than a depository excluded under
division (A)(3) of this section, who owes OWE more than one
thousand
dollars to the person filing the statement, either in the
person's own
name or to any person for the person's use or benefit. This
division DIVISION (A)(6) OF THIS SECTION
shall not be construed to require the disclosure of clients of
attorneys or persons licensed under section 4732.12 or 4732.15 of
the Revised Code, or patients of persons certified under section
4731.14 of the Revised Code, nor the disclosure of debts owed to
the person resulting from the ordinary conduct of a business or
profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by
a member of the general assembly from a legislative agent,
received by the person in the person's own name or by any
other person for
the person's use or benefit during the preceding calendar
year, except
gifts received by will or by virtue of section 2105.06 of the
Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles,
aunts, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, fathers-in-law, mothers-in-law, or any person
to whom the person filing the statement stands in loco parentis,
or received by way of distribution from any inter vivos or
testamentary trust established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the
person's own name
or by any other person for the person's use or benefit and
that is
incurred in connection with the person's official duties except
for expenses for travel to meetings or conventions of a national
or state organization to which either house of the general
assembly, any legislative agency, a state institution of higher
education as defined in section 3345.031 of the Revised Code, any
other state agency, or any political subdivision or any office or
agency of a political subdivision pays membership dues;
(9) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source of payment of expenses
for meals and other food and beverages, other than for meals and
other food and beverages provided at a meeting at which the
person participated in a panel, seminar, or speaking engagement
or at a meeting or convention of a national or state organization
to which either house of the general assembly, any legislative
agency, a state institution of higher education as defined in
section 3345.031 of the Revised Code, any other state agency, or
any political subdivision or any office or agency of a political
subdivision pays membership dues, that are incurred in connection
with the person's official duties and that exceed one hundred
dollars aggregated per calendar year;
(10) If the financial disclosure statement is filed by a
public official or employee described in division (B)(2) of
section 101.73 of the Revised Code or division (B)(2) of section
121.63 of the Revised Code who receives a statement from a
legislative agent, executive agency lobbyist, or employer that
contains the information described in division (F)(2) of section
101.73 of the Revised Code or division (G)(2) of section 121.63
of the Revised Code, all of the nondisputed information contained
in the statement delivered to that public official or employee by
the legislative agent, executive agency lobbyist, or employer
under division (F)(2) of section 101.73 or (G)(2) of section
121.63 of the Revised Code. As used in division (A)(10) of this
section, "legislative agent," "executive agency lobbyist," and
"employer" have the same meanings as in sections 101.70 and
121.60 of the Revised Code.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective
office shall file the statement no later than the thirtieth
day
before the primary, special, or general election at which such
THE
candidacy is to be voted on, whichever election occurs sooner
SOONEST,
except THAT a person who is a write-in candidate shall file the
statement no later than the twentieth day before the earliest
election at which the person's candidacy is to be voted on.
A person who
holds elective office shall file the statement on or before
the
fifteenth day of April of each year, unless the person is a
candidate for
office. A person who is appointed to fill a vacancy for an
unexpired term in an elective office shall file the
statement
within fifteen days after the person qualifies for office.
Other persons
shall file an annual statement on or before the fifteenth day of
April or, if appointed or employed after that date, within ninety
days after appointment or employment. No person shall be
required to file with the appropriate ethics commission more than
one statement or pay more than one filing fee for any one
calendar year.
The appropriate ethics commission, for good cause, may
extend for a reasonable time the deadline for filing a disclosure
statement under this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative
ethics committee, and the board of commissioners on grievances
and discipline of the supreme court, using the rule-making
procedures of Chapter 119. of the Revised Code, may require any
class of public officials or employees under its jurisdiction and
not specifically excluded by this section whose positions involve
a substantial and material exercise of administrative discretion
in the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city,
or the execution of other public trusts, to file an annual
statement on or before the fifteenth day of April under division
(A) of this section. The appropriate ethics commission shall
send the public officials or employees written notice of the
requirement by the fifteenth day of February of each year the
filing is required, unless the public official or employee is
appointed after that date, in which case the notice shall be sent
within thirty days after appointment, and the filing shall be
made not later than ninety days after appointment.
Disclosure statements filed under this division with the
Ohio ethics commission by members of boards, commissions, or
bureaus of the state for which no compensation is received other
than reasonable and necessary expenses shall be kept confidential. Disclosure
statements filed
with the Ohio ethics commission under division (A) of this
section by business managers, treasurers, and superintendents of
city, local, exempted village, joint vocational, or
cooperative education school districts or educational service centers shall be
kept confidential, except that any person conducting an audit of any
such school district pursuant to section 115.56 or Chapter 117.
of the Revised Code may examine the disclosure statement of any
business manager, treasurer, or superintendent of that school
district or educational service center. The Ohio ethics commission shall
examine each disclosure statement required to be kept confidential to
determine whether a potential conflict of interest exists for the
person who filed the disclosure statement. A potential conflict
of interest exists if the private interests of the person, as
indicated by the person's disclosure statement, might
interfere with the
public interests the person is required to serve in the
exercise of the person's authority and duties in
the person's office or position of employment. If
the commission determines that a potential conflict of interest
exists, it shall notify the person who filed the disclosure
statement and shall make the portions of the disclosure statement
that indicate a potential conflict of interest subject to public
inspection in the same manner as is provided for other disclosure
statements. Any portion of the disclosure statement that the
commission determines does not indicate a potential conflict of
interest shall be kept confidential by the commission and shall
not be made subject to public inspection, except as is necessary
for the enforcement of Chapters 102. and 2921. of the Revised
Code and except as otherwise provided in this paragraph
DIVISION.
(C) No person shall knowingly fail to file, on or before
the applicable filing deadline ESTABLISHED under this section, a
statement
that is required by this section.
(D) No person shall knowingly file a false statement that
is required to be filed under this section.
(E)(1) Except as provided in divisions (E)(2) and (3) of
this section, on and after March 2, 1994, the statement required by division
(A) or (B) of
this section shall be accompanied by a filing fee of twenty-five
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by a filing fee to be paid by the person who
is elected or appointed to or is a candidate for any of the
following offices:
For state office, except member of | |
state board of education | $50 |
For office of member of United States | |
congress or member of general assembly | $25 |
For county office | $25 |
For city office | $10 |
For office of member of state board | |
of education | $10 |
For office of member of city, local, | |
exempted village, or cooperative | |
education board of | |
education or educational service | |
center governing board | $ 5 |
For position of business manager, | |
treasurer, or superintendent of | |
city, local, exempted village, joint | |
vocational, or cooperative education | |
school district or | |
educational service center | $ 5 |
(3) No judge of a court of record or candidate for judge
of such a court, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(1) or (2), or (F) of this section.
(4) For any public official who is appointed to a
nonelective office of the state and for any employee who holds a
nonelective position in a public agency of the state, the state
agency that is the primary employer of the state official or
employee shall pay the fee required under division (E)(1) or (F)
of this section.
(F) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee equal to one-half of the
applicable filing fee for each day the statement is not filed,
except that the total amount of the late filing fee shall not
exceed one hundred dollars.
(G)(1) The appropriate ethics commission other than the
Ohio ethics commission shall deposit all fees it receives under
divisions (E) and (F) of this section into the general revenue
fund of the state.
(2) The Ohio ethics commission shall deposit all fees it
receives under divisions (E) and (F) of this section and all
moneys it receives from settlements under division (G) of section
102.06 of the Revised Code into the Ohio ethics commission fund,
which is hereby created in the state treasury. All moneys
credited to the fund shall be used solely for expenses related to
the operation of the commission.
(H) Division (A) of this section does not apply to a
person elected or appointed to the office of precinct, ward, or
district committee member under Chapter 3517. of the Revised
Code; a presidential elector; a delegate to a national
convention; village or township officials and employees; any
physician or psychiatrist who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code and whose primary duties do
not require the exercise of administrative discretion; or any
member of a board, commission, or bureau of any county or city
who receives less than one thousand dollars per year for serving
in that position.
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 WHEN MEETING
FOR THE PURPOSE OF THE APPOINTMENT, REMOVAL, OR REAPPOINTMENT OF A MEMBER OF
THE BOARD OF DIRECTORS OF SUCH A DISTRICT PURSUANT TO SECTION 6115.10 of the Revised Code, IF
APPLICABLE, 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 EITHER 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 SHALL 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 ADVISORY BOARD, 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,
OR 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 REGULATIONS 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 participates in an alternative retirement plan established under
Chapter 3305. of the Revised Code;
(9) 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 such a person's beneficiaries would
otherwise WOULD be eligible.
Sec. 4933.25. No sewage disposal system company established
after September
19, 1961, or expanding after October 2, 1969, or water-works
company established or expanding after October 2, 1969, shall
construct, install, or
operate sewage disposal system facilities or water distribution
facilities
until it has been issued a certificate of public convenience and
necessity by
the public utilities commission. The public utilities commission
shall adopt
rules prescribing requirements and the manner and form in which
sewage
disposal
system companies and water-works companies shall apply for SUCH a
certificate of
public convenience and necessity.
Before the public utilities commission issues a certificate of public
convenience and necessity, it may hold a public hearing concerning the
issuance
of said THE certificate. Notice of such THE
hearing shall be given to the board of
county commissioners of any county and the chief executive authority of any
municipal corporation to be served by a sewage disposal system company or
water-works company.
As used in this section, "sewage disposal system company" and "water-works
company" have the SAME meanings set forth AS in section
4905.03 of the Revised Code AND INCLUDE ONLY "PUBLIC UTILITIES" AS DEFINED
IN SECTION 4905.02 of the Revised Code.
Sec. 6112.03. Applications for approval of plans for the
construction and installation of such facilities UNDER THIS
CHAPTER shall be made in THE
manner and form prescribed by the director of environmental
protection, AND shall be accompanied by plans, specifications,
and
other data as THAT the director may require, relative to
the
facilities for which approval of plans is requested. Thereafter,
the director shall act upon the application in accordance with
law and the regulations RULES adopted pursuant thereto. No
final
detailed or construction plans shall be approved by the director
before he has received written notice from the
public utilities
commission that a certificate of public convenience and necessity
has been issued by it authorizing the construction, installation,
and operation of such facilities. Thereafter, any person making
application to the public utilities commission to abandon,
withdraw, or close for service any main sewer or sewage disposal
works serving such district shall, within five days thereafter,
notify the director of its having filed such application with the
public utilities commission.
Sec. 6112.99. Whoever violates sections SECTION 6112.02,
6112.03, or 6112.04 of the
Revised Code shall be fined not more than five hundred dollars.
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 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 INCLUDES TWO
MUNICIPAL CORPORATIONS IN TWO COUNTIES SHALL BE APPOINTED AS FOLLOWS:
(1) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF ONE
OF THE MUNICIPAL CORPORATIONS INCLUDED IN THE DISTRICT;
(2) ONE MEMBER SHALL BE APPOINTED BY THE CHIEF EXECUTIVE OFFICER OF THE
OTHER MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT;
(3) ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE AUTHORITY OF ONE OF
THE MUNICIPAL CORPORATIONS INCLUDED IN THE DISTRICT;
(4) ONE MEMBER SHALL BE APPOINTED BY THE LEGISLATIVE AUTHORITY OF THE
OTHER MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT.
A PERSON APPOINTED BY THE CHIEF EXECUTIVE OFFICER AND LEGISLATIVE
AUTHORITY
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 CHIEF EXECUTIVE OFFICER
OF THE MORE POPULOUS MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT, ONE YEAR
FROM THE DATE OF THE MEMBER'S APPOINTMENT;
(2) IN THE CASE OF THE MEMBER APPOINTED BY THE CHIEF EXECUTIVE OFFICER
OF THE LESS POPULOUS MUNICIPAL CORPORATION INCLUDED IN THE DISTRICT, TWO
YEARS FROM THE DATE OF THE MEMBER'S APPOINTMENT;
(3) IN THE CASE OF THE MEMBER APPOINTED BY THE LEGISLATIVE AUTHORITY 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 LEGISLATIVE AUTHORITY 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 THE MEMBER WAS 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 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 EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS SECTION ARE
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.
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
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 BOARD OF DIRECTORS OF
THE SANITARY DISTRICT AND 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 LEGISLATIVE AUTHORITY 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 AND MAKE THE SUBMITTALS AS PROVIDED IN DIVISION (A) OF
THIS SECTION. 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. 6115.12. (A) The director or board of directors of a sanitary
district shall adopt a seal, and shall keep in a well-bound book
a record of all proceedings, minutes of all meetings,
certificates, contracts, bonds given by employees, and all corporate
acts.
Such THE book shall be open to the inspection of all owners of
property in the district, as well as AND to all
other interested parties.
(B) IN ADDITION TO THE REQUIREMENTS ESTABLISHED IN
SECTION 121.22 OF THE REVISED
CODE, ANY COURT OF JURISDICTION
MEETING PURSUANT TO SECTION 6115.10 OF THE
REVISED CODE 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 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. 6115.141. THE PROHIBITION AND REQUIREMENTS
ESTABLISHED UNDER DIVISION (D)
OF SECTION 5705.41 OF THE REVISED CODE, OTHER THAN THOSE
APPLICABLE SOLELY TO COUNTIES, APPLY TO A SANITARY DISTRICT
ESTABLISHED UNDER THIS CHAPTER.
Sec. 6115.191. IF A MUNICIPAL CORPORATION, TOWNSHIP, OR
OTHER MEMBER OR CUSTOMER OF A SANITARY DISTRICT ORGANIZED WHOLLY
FOR THE PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC,
MUNICIPAL, AND PUBLIC USE THAT INCLUDES TWO MUNICIPAL
CORPORATIONS IN TWO COUNTIES IS DELINQUENT IN PAYING ANY MONEYS
OWED TO THE SANITARY DISTRICT FOR THE SUPPLY OF WATER FROM THE
DISTRICT, THE BOARD OF DIRECTORS OF THE SANITARY DISTRICT MAY
ASSESS INTEREST ON THE UNPAID BALANCE THAT REFLECTS
ADMINISTRATIVE AND FINANCIAL COSTS INCURRED BY THE SANITARY
DISTRICT AS A RESULT OF THE DELINQUENCY.
Sec. 6115.20. (A) 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 THE 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.
(B) IN THE CASE OF A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE
PURPOSE OF
PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND PUBLIC USE THAT INCLUDES
TWO MUNICIPAL CORPORATIONS IN TWO COUNTIES, 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 IN THE MANNER PROVIDED IN
SECTIONS 153.65 TO 153.71 OF THE
REVISED CODE. FOR THE PURPOSES OF THE
APPLICATION OF THOSE SECTIONS TO DIVISION
(B) OF THIS SECTION, ALL OF THE
FOLLOWING APPLY:
(1) "PUBLIC AUTHORITY," AS USED IN THOSE SECTIONS, SHALL
BE DEEMED TO MEAN A SANITARY DISTRICT ORGANIZED WHOLLY FOR THE
PURPOSE OF PROVIDING A WATER SUPPLY FOR DOMESTIC, MUNICIPAL, AND
PUBLIC USE THAT INCLUDES TWO MUNICIPAL CORPORATIONS IN TWO
COUNTIES;
(2) "PROFESSIONAL DESIGN FIRM," AS USED IN THOSE
SECTIONS, SHALL BE DEEMED TO MEAN ANY PERSON LEGALLY ENGAGED IN
RENDERING PROFESSIONAL DESIGN SERVICES AS DEFINED IN DIVISION
(B)(3) OF THIS SECTION;
(3) "PROFESSIONAL DESIGN SERVICES," AS USED IN THOSE
SECTIONS, SHALL BE DEEMED TO MEAN ACCOUNTING, ARCHITECTURAL,
LEGAL, MEDICAL, OR PROFESSIONAL ENGINEERING SERVICES;
(4) THE USE OF OTHER TERMS IN THOSE SECTIONS SHALL BE
ADAPTED ACCORDINGLY, INCLUDING, WITHOUT LIMITATION, FOR THE
PURPOSES OF DIVISION (D)(2) OF
SECTION 153.67 OF THE REVISED
CODE;
(5) DIVISIONS (A) TO
(C) OF SECTION 153.71 OF THE
REVISED CODE DO NOT APPLY.
(C) 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 DIVISION
SHALL BE PURCHASED FROM THE HEALTH CARE CORPORATION THAT THE BOARD OF
DIRECTORS DETERMINES 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, 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 OF DIRECTORS 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 OF DIRECTORS SHALL ADOPT POLICIES SETTING FORTH THE
CIRCUMSTANCES IN
WHICH OUT-OF-STATE TRAVEL IS NECESSARY AND 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 102.02, 121.22, 145.012, 4933.25, 6112.03,
6112.99, 6115.10, 6115.12, 6115.20, and 6115.65 of the Revised Code are hereby
repealed.
Section 3. Section 102.02 of the Revised Code is
presented in this act as a composite of the section as amended by both Am.
Sub. H.B. 215 and Sub. H.B. 269 of the 122nd General Assembly, with the new
language of neither of the acts shown in capital letters. Section 145.012 of
the Revised Code is presented in this act as a
composite of the section as amended by both Sub. H.B. 405 and Am. Sub. H.B.
586 of the 121st General Assembly, with the new language of neither of the
acts shown in capital letters. This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such amendments are
to be harmonized where not substantively irreconcilable and constitutes a
legislative finding that such are the resulting versions in effect prior to
the
effective date of this act.
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