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(123rd General Assembly)(Substitute Senate Bill Number 31)
AN ACT
To amend sections 164.04, 305.30, and 307.86 of the Revised Code to
permit the appointing
authorities that appoint members of
district public works integrating committees to
appoint alternates for those members to act in their absence,
to explicitly permit a
county administrator to carry out functions of a board of county commissioners
in disasters or emergencies if the board has delegated those functions, and to
change the voting requirements to declare a county emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 164.04, 305.30, and 307.86 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 appointed as follows: two
members shall be
appointed by the board of county commissioners; two members
shall be
appointed by the chief executive officer of the most populous
municipal corporation in the district; two members
shall be appointed by
a majority of the chief executive officers of the other municipal
corporations located within the district; and one member, 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,
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 appointed as follows: two
members shall
be appointed by
the board of county commissioners; three members
shall be appointed by
the chief executive officer of the most populous municipal
corporation in the district; two members shall be
appointed by a majority
of the other chief executive officers of municipal corporations
in the district; and two members 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 shall have
experience in local infrastructure planning and economic
development, and one member 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 appointed as
follows: two members shall be appointed by the
board of county
commissioners or by the chief executive officer of the county; two
members shall be appointed by the chief executive officer of the most
populous municipal corporation located within the district; two members
shall be appointed by a majority of the other chief executive
officers of the municipal corporations located in the district;
two members shall be appointed by a majority of the
boards of township
trustees located in the district; and one member,
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,
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 appointed as follows: one member
shall be
appointed by the board of county commissioners of each county in
the district; one member shall be appointed
by the chief
executive officer of the most populous municipal corporation in
each county in the district; one member 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 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 also 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 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)(C) of this section, the members
of the district committee 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 appointed
by the board of
county commissioners of each county in the district, two members appointed by
a majority of the chief executive officers of all
cities within each county in the district, three members
appointed by a majority of the boards of township trustees of all
townships in the district, three members appointed by a majority
of chief executive officers of all villages in the district, one member
who is
appointed by a majority of the county engineers in the district
and who shall be a county engineer, and one
member, 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
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 of each district committee
shall be
appointed as follows: one member shall be
appointed by each board of
county commissioners; one member shall be
appointed by the majority of
the chief executive officers of the cities located in each
county; three members shall be appointed by a
majority of the chief
executive officers of villages located within the district; three
members shall be appointed by a majority of the boards of township
trustees located within the district; one member shall be
appointed by a majority
of the county engineers of the district and who shall be a county
engineer; and one member, 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
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 executive committee
shall be established that shall
include at least one of the persons appointed to
the district
committee by the chief executive officers of the villages within
the district, at least one of the persons appointed to the
district committee by the boards of township trustees within the
district, the person appointed to the
district committee to
represent the interests of private industry, and six additional
district committee members 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 who were
appointed to the
district committee by a board of county commissioners and not
more than three persons 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
shall be established that shall
include at least one of the persons appointed to
the district committee by the
chief executive officers of
the villages within the district, at least one of the persons
appointed to the
district committee by the boards of township trustees within the district, the
person appointed to the district committee
to represent the interests of
private industry, and eight additional district committee members 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 four persons
who were appointed to the
district committee by a board of county commissioners and not more than four
persons 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 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 also
may 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 the member is appointed, except that, with
respect to any member who was an elected or
appointed official of a township, county,
or municipal corporation or that member's alternate, the term of office
for such that person
under this section shall not extend beyond such the member's
term as an elected or
appointed official unless the member was appointed by a group of officials
of more than one political subdivision or the members of the district
committee, in which case the member's alternate shall continue to serve for
the full term 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.
Sec. 305.30. The county administrator shall, under the direction of
the
board
of county commissioners, shall do the following: (A) Assist in the administration, enforcement, and execution of the policies
and resolutions of the board; (B) Supervise and direct the activities of the affairs of the divisions of
county government under the control or jurisdiction of the board; (C) Attend all meetings of the board at which the county
administrator's attendance is required by
that body; (D) Recommend measures for adoption to the board; (E) Prepare and submit to the board such reports as are
required by that
body, or as deems reports that it considers advisable; (F) Keep the board fully advised on the financial conditions of the county,
preparing and submitting a budget for the next fiscal year; (G) Contract on behalf of the board within limits
provided by a resolution of the board, provided that the resolution
authorizing
such actions shall also specify the types of contracts upon which
the administrator may act without further resolution of the board; (H) Allow and pay claims for goods received and services rendered
within limits provided by a resolution of the board, provided that the county
department receiving those goods and services certifies their receipt before
the administrator allows the claim; (I) Perform any or all personnel
functions otherwise conferred or incumbent upon the board of county
commissioners under Chapter 124. or any other chapter or section
of the Revised Code, provided that the board, by resolution, has delegated the
specific
functions to the county administrator; (J) Perform any or all functions conferred or incumbent upon the board of
county commissioners in the case of a disaster or emergency, provided that the
board, by resolution, has delegated the specific functions or all of the
functions to the administrator. As used in this division, "disaster" and
"emergency" have the same meanings as in divisions (E) and
(F) of section 5502.21 of the Revised Code. (K) Perform such additional duties as the board may determine by
resolution. The board of county commissioners may assign to such county administrator any
office, position, or duties under its control, such office, position, and
duties to be performed under the direction and supervision of the board and to
be in addition to those set forth in this section. Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of fifteen thousand dollars, except
as otherwise provided in division (D) of section 713.23 and in
sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03, 340.033,
4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01, and
6137.05 of the Revised Code, shall be obtained through
competitive bidding. However, competitive bidding is not
required when any of the following applies: (A) The board of county commissioners, by a unanimous vote
of its members, makes a determination that a real and present
emergency exists, and such that determination and the
reasons therefor for it
are entered in the minutes of the proceedings of the board, when either of
the following applies: (1) The estimated cost is less than fifty thousand
dollars; or. (2) There is actual physical disaster to structures, radio communications
equipment, or computers. For purposes of this division, "unanimous vote" means all three members of
a board of county commissioners when all three members are present, or two
members of the board if only two members, constituting a quorum, are present. Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is fifteen thousand dollars or more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited, for no less than one year after
the contract is awarded. (B) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for such
the
supplies, part, or parts is limited to a single supplier. (C) The purchase is from the federal government, state,
another county or contracting authority thereof, a board of
education, township, or municipal corporation. (D) Public social services are purchased for provision by
the county department of human services under section 329.04 of
the Revised Code, or program services, such as direct and
ancillary client services, child day-care, case management
services, residential services, and family resource services, are
purchased for provision by a county board of mental retardation
and developmental disabilities under section 5126.05 of the
Revised Code. (E) The purchase consists of human and social services by
the board of county commissioners from nonprofit corporations or
associations under programs which are funded entirely by the
federal government. (F) The purchase consists of any form of an insurance
policy or contract authorized to be issued under Title XXXIX of
the Revised Code or any form of health care plan
authorized to be issued under Chapter 1751. of the Revised Code, or any
combination of such policies,
contracts, or plans that the contracting authority is authorized
to purchase, and the contracting authority does all of the
following: (1) Determines that compliance with the requirements of
this section would increase, rather than decrease, the cost of
such purchase; (2) Employs a competent consultant to assist the
contracting authority in procuring appropriate coverages at the
best and lowest prices; (3) Requests issuers of such policies, contracts, or plans
to submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of such policies, contracts, or plans as the
contracting authority desires to purchase; (4) Negotiates with such issuers for the purpose of
purchasing such policies, contracts, or plans at the best and
lowest price reasonably possible. (G) The purchase consists of computer hardware, software,
or consulting services that are necessary to implement a
computerized case management automation project administered by
the Ohio prosecuting attorneys association and funded by a grant
from the federal government. (H) Child day-care services are purchased for provision to
county employees. (I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply: (a) The contracting authority is authorized by the Revised Code to lease the
property;. (b) The contracting authority develops requests for
proposals for leasing the property, specifying the criteria that
will be considered prior to leasing the property, including the
desired size and geographic location of the property;. (c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code;. (d) The contracting authority negotiates with the
prospective lessors to obtain a lease at the best and lowest
price reasonably possible considering the fair market value of
the property and any relocation and operational costs that may be incurred
during
the period the lease is in effect. (2) The contracting authority may use the services of a
real estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division. (J) The purchase is made pursuant to section 5139.34 or sections
5139.41 to 5139.46 of the Revised Code and is of programs or services that
provide case
management, treatment, or prevention services to any felony or misdemeanant
delinquent, unruly youth, or status offender under the supervision of the
juvenile court, including, but not limited to, such services as
community
residential care, day treatment, services to children in their home, or
electronic monitoring. Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under division (I) of
this section may have the issuer's or prospective
contractor's name and address, or the name and address of an agent, placed
on a special
notification list to be kept by the contracting authority, by
sending the contracting authority such name and address. The
contracting authority shall send notice to all persons listed on
the special notification list. Notices shall state the deadline
and place for submitting proposals. The contracting authority
shall mail the notices at least six weeks prior to the deadline
set by the contracting authority for submitting such proposals.
Every five years the contracting authority may review this list
and remove any person from the list after mailing the person
notification of such action. Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least every three years from the date of the signing of such a
contract. Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to division (I) of
this section shall disclose any fees or compensation received from any
source in connection with that employment. SECTION 2 . That existing sections 164.04, 305.30, and 307.86 of the Revised
Code are hereby
repealed.
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