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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 31 |
SENATORS LATTA-GARDNER-SPADA-DRAKE
A BILL
To amend section 164.04 of the Revised Code to require the appointing
authorities that appoint members of
district public works integrating committees to
appoint alternates for those members to act in their absence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 164.04 of the Revised Code be amended to read as
follows:
Sec. 164.04. (A) In each of the districts created in
section 164.03 of the Revised Code, a district public works
integrating committee shall be established as follows:
(1) In district one, the district committee shall consist
of seven members AND THEIR ALTERNATES appointed as follows: two
members AND THEIR ALTERNATES shall be
appointed by the board of county commissioners; two MEMBERS AND THEIR
ALTERNATES shall be
appointed by the chief executive officer of the most populous
municipal corporation in the district; two MEMBERS AND THEIR ALTERNATES
shall be appointed by
a majority of the chief executive officers of the other municipal
corporations located within the district; and one MEMBER AND THAT MEMBER'S
ALTERNATE, who shall have
experience in local infrastructure planning and economic
development and who shall represent the interests of private
industry within the district, shall be appointed by a majority of
the members of the district committee OR THEIR ALTERNATES. Except with
respect to
the selection of the private sector member of the committee AND THAT
MEMBER'S ALTERNATE, the
affirmative vote of at least five committee members OR THEIR ALTERNATES
is required
for any action taken by a vote of the committee.
(2) In district two, the district committee shall consist
of nine members AND THEIR ALTERNATES appointed as follows: two
MEMBERS AND THEIR ALTERNATES shall
be appointed by
the board of county commissioners; three MEMBERS AND THEIR ALTERNATES
shall be appointed by
the chief executive officer of the most populous municipal
corporation in the district; two MEMBERS AND THEIR ALTERNATES shall be
appointed by a majority
of the other chief executive officers of municipal corporations
in the district; and two MEMBERS AND THEIR ALTERNATES shall be
appointed by a majority of the
boards of township trustees in the district. Of the appointments
made MEMBERS APPOINTED by the board of county commissioners, one
MEMBER AND THAT MEMBER'S ALTERNATE shall have
experience in local infrastructure planning and economic
development, and one MEMBER AND THAT MEMBER'S ALTERNATE shall be either
a county commissioner or a
county engineer of the district. The affirmative vote of at
least seven members of the committee OR THEIR ALTERNATES is required
for any action
taken by a vote of the committee.
(3) In districts three, four, eight, twelve, and nineteen,
the district committee shall consist of nine members AND THEIR
ALTERNATES appointed as
follows: two MEMBERS AND THEIR ALTERNATES shall be appointed by the
board of county
commissioners or by the chief executive officer of the county; two MEMBERS
AND THEIR ALTERNATES
shall be appointed by the chief executive officer of the most
populous municipal corporation located within the district; two MEMBERS AND
THEIR ALTERNATES
shall be appointed by a majority of the other chief executive
officers of the municipal corporations located in the district;
two MEMBERS AND THEIR ALTERNATES shall be appointed by a majority of
the
boards of township
trustees located in the district; and one MEMBER AND THAT MEMBER'S
ALTERNATE, who shall have
experience in local infrastructure planning and economic
development and who shall represent the interests of private
industry within the district, shall be appointed by a majority of
the members of the committee OR THEIR ALTERNATES. Except with respect
to the
selection of the private sector member of the committee AND THAT MEMBER'S
ALTERNATE, the
affirmative vote of at least seven committee members OR THEIR
ALTERNATES is required
for any action taken by a vote of the committee.
(4) In district six, the district committee shall consist
of nine members AND THEIR ALTERNATES appointed as follows: one member
AND THAT MEMBER'S ALTERNATE shall be
appointed by the board of county commissioners of each county in
the district; one member AND THAT MEMBER'S ALTERNATE shall be appointed
by the chief
executive officer of the most populous municipal corporation in
each county in the district; one member AND THAT MEMBER'S ALTERNATE
shall be appointed
alternately by a majority of the chief executives of the
municipal corporations, other than the largest municipal
corporation, within one of the counties of the district; and one
member AND THAT MEMBER'S ALTERNATE shall be appointed alternately by a
majority of the boards
of township trustees within one of the counties in the district. The two
persons who are the county engineers of the counties in
the district, AND THE ALTERNATE OF EACH COUNTY ENGINEER, WHOM
THE COUNTY ENGINEER OF THE COUNTY SERVED BY THAT COUNTY ENGINEER
SHALL APPOINT, shall also be
members of the committee. At least
six of these members OR THEIR ALTERNATES shall agree upon the
appointment to the
committee of a private sector person AND THAT PERSON'S ALTERNATE who
shall have experience in
local infrastructure planning and economic development. The
affirmative vote of seven committee members OR THEIR ALTERNATES is
required for any
action taken by a vote of the committee.
The first appointment to the committee made by the majority
of the boards of township trustees of a county shall be made by
the boards of township trustees located in the least populous
county of the district, and the first appointment made by the
majority of the chief executives of municipal corporations, other
than the largest municipal corporation, of a county shall be made
by the chief executives of municipal corporations, other than the
largest municipal corporation, from the most populous county in
the district.
Notwithstanding division (B) of this section, the members
of the district committee AND THEIR ALTERNATES appointed alternately by
a majority of
the chief executive officers of municipal corporations, other
than the largest municipal corporation, of a county and a
majority of boards of township trustees of a county shall serve
five-year terms.
(5) In districts seven, nine, and ten, the district
committee shall consist of two members AND THEIR ALTERNATES appointed
by the board of
county commissioners of each county in the district, two members AND THEIR
ALTERNATES appointed by a majority of the chief executive officers of all
cities within each county in the district, three members AND THEIR
ALTERNATES
appointed by a majority of the boards of township trustees of all
townships in the district, three members AND THEIR ALTERNATES appointed
by a majority
of chief executive officers of all villages in the district, one MEMBER AND
THAT MEMBER'S ALTERNATE
appointed by a majority of the county engineers in the district
and who shall be a county engineer ENGINEERS, and one
member AND THAT MEMBER'S ALTERNATE, who shall
have experience in local infrastructure planning and economic
development, shall be appointed by a majority of all other
committee members OR THEIR ALTERNATES. If there is a county in the
district in which
there are no cities, the member that is AND THAT MEMBER'S ALTERNATE
WHO ARE to be appointed by the
chief executive officers of the cities within that county shall
be appointed by the chief executive officer of the village with
the largest population in that county.
(6) In districts five, eleven, and thirteen through
eighteen, the members AND THEIR ALTERNATES of each district committee
shall be
appointed as follows: one MEMBER AND THAT MEMBER'S ALTERNATE shall be
appointed by each board of
county commissioners; one MEMBER AND THAT MEMBER'S ALTERNATE shall be
appointed by the majority of
the chief executive officers of the cities located in each
county; three MEMBERS AND THEIR ALTERNATES shall be appointed by a
majority of the chief
executive officers of villages located within the district; three MEMBERS
AND THEIR ALTERNATES
shall be appointed by a majority of the boards of township
trustees located within the district; one MEMBER AND THAT MEMBER'S
ALTERNATE appointed by a majority
of the county engineers of the district and who shall be a county
engineer ENGINEERS; and one member AND THAT MEMBER'S
ALTERNATE, who shall have experience in local
infrastructure planning and economic development and who shall
represent the interests of private industry within the district,
shall be appointed by a majority of the members of the committee OR THEIR
ALTERNATES. If there is a county in the district in which there are no
cities, the member that is AND THAT MEMBER'S ALTERNATE WHO ARE
to be appointed by the chief executive
officers of the cities within that county shall be appointed by
the chief executive officer of the village with the largest
population in that county.
(7) In districts five, seven,
nine, ten, eleven, thirteen, fourteen, sixteen, and seventeen organized in
accordance with divisions (A)(5) and (6) of this section, a
nine-member AN executive committee OF NINE MEMBERS AND THEIR
ALTERNATES shall be established that shall
include at least one of the persons OR THEIR ALTERNATES appointed to
the district
committee by the chief executive officers of the villages within
the district, at least one of the persons OR THEIR ALTERNATES appointed
to the
district committee by the boards of township trustees within the
district, the person OR THAT PERSON'S ALTERNATE appointed to the
district committee to
represent the interests of private industry, and six additional
district committee members OR THEIR ALTERNATES selected to serve on the
executive
committee by a majority of the members of the district committee OR THEIR
ALTERNATES,
except that not more than three persons OR THEIR ALTERNATES who were
appointed to the
district committee by a board of county commissioners and not
more than three persons OR THEIR ALTERNATES who were appointed to the
district
committee by the chief executives of the cities located in the
district shall serve on the executive committee.
(8) In districts fifteen and
eighteen organized in accordance with division (A)(6) of this
section, an eleven-member executive committee OF ELEVEN MEMBERS AND
THEIR ALTERNATES shall be established that shall
include at least one of the persons OR THEIR ALTERNATES appointed to
the district committee by the
chief executive officers of
the villages within the district, at least one of the persons OR THEIR
ALTERNATES appointed to the
district committee by the boards of township trustees within the district, the
person OR THAT PERSON'S ALTERNATE appointed to the district committee
to represent the interests of
private industry, and eight additional district committee members OR THEIR
ALTERNATES selected to
serve on the executive committee by a majority of the members of the district
committee, except that not more than four persons OR THEIR ALTERNATES
who were appointed to the
district committee by a board of county commissioners and not more than four
persons OR THEIR ALTERNATES who were appointed to the district
committee by the chief executives
of the cities located in the district shall serve on the executive committee.
No more than two persons OR THEIR ALTERNATES from each county shall be
on the executive committee.
All decisions of a district committee required to be
organized in accordance with divisions (A)(5) and (6) of this
section must SHALL be approved by its executive committee. The
affirmative vote of at least seven executive committee members OR THEIR
ALTERNATES for executive committees formed under division (A)(7) of this
section and at least nine members OR THEIR ALTERNATES for executive
committees formed under division
(A)(8) of this section is required for any action taken by vote
of the executive committee,
except that any decision of the executive committee may be
rejected by a vote of at least two-thirds of the full membership
of the district committee within thirty days of the executive
committee action. Only projects approved by the executive
committee may be submitted to the director of the Ohio public
works commission pursuant to section 164.05 of the Revised Code.
(B) APPOINTING AUTHORITIES THAT APPOINT DISTRICT COMMITTEE MEMBERS SHALL
APPOINT AN ALTERNATE FOR EACH COMMITTEE MEMBER APPOINTED UNDER DIVISIONS
(A)(1) TO (6) OF THIS SECTION. IF A DISTRICT COMMITTEE MEMBER IS
ABSENT FROM A DISTRICT OR EXECUTIVE COMMITTEE OR SUBCOMMITTEE MEETING, THE
ALTERNATE HAS THE RIGHT TO VOTE AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS
AT THAT MEETING.
(C) Terms of office for members of district committees AND THEIR
ALTERNATES
shall be for three years, with each term ending on the same day
of the same month as did the term that it succeeds. Each member AND THAT
MEMBER'S ALTERNATE
shall hold office from the date of appointment until the end
of the term for which appointed, except that with respect
to any member OR THAT MEMBER'S ALTERNATE who was an elected or
appointed official of a township, county,
or municipal corporation, the term of office for such person
under this section shall not extend beyond such term as an elected or
appointed official. Members AND THEIR ALTERNATES may be reappointed.
Vacancies shall be filled in
the same manner provided for original appointments. Any member OR THAT
MEMBER'S ALTERNATE appointed to
fill a vacancy occurring prior to the expiration date of the term for which
the member's OR ALTERNATE'S
predecessor was apppointed APPOINTED shall hold office for the
remainder of
that term. A member OR THAT MEMBER'S ALTERNATE shall continue in
office subsequent to the
expiration date of the member's OR ALTERNATE'S term until the member's
OR ALTERNATE'S successor takes office
or until a period of sixty days has elapsed, whichever occurs first. Each
district public works integrating committee shall elect a chairperson,
vice-chairperson, and such other officers as it considers advisable.
(C)(D) For purposes of this chapter, if a subdivision is
located in more than one county or in more than one district, the
subdivision shall be deemed to be a part of the county or
district in which the largest number of its population is
located. However, if after a decennial census the change in a
subdivision's population would result in the subdivision becoming
part of a different county or district, the legislative authority
of the subdivision may, by resolution, choose to remain a part of
the county or district of which they were THE SUBDIVISION WAS
originally deemed to be
a part. Such a decision is not revocable unless similar
conditions arise following the next decennial census.
(D)(E) Notwithstanding any provision of law to the contrary,
a county, municipal, or township public official may serve as a
member of a district public works integrating committee.
(E)(F) A member of a district committee OR THAT MEMBER'S
ALTERNATE does not have an
unlawful interest in a public contract under section 2921.42 of
the Revised Code solely by virtue of the receipt of financial
assistance under this chapter by the local subdivision of which
the member OR THAT MEMBER'S ALTERNATE is also a public official or
appointee.
Section 2. That existing section 164.04 of the Revised Code is hereby
repealed.
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