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As Reported by the Senate State and Local Government
and Veterans Affairs Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 55 |
SENATORS WHITE-SCHAFRATH-SPADA-GARDNER
A BILL
To amend sections 121.22, 133.07, 149.43, 325.19, 339.01, 339.03,
339.06, 339.07, and 4115.04 of the Revised
Code to make changes regarding the authority of
boards of county hospital trustees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.22, 133.07, 149.43, 325.19, 339.01,
339.03, 339.06, 339.07, and 4115.04 of the
Revised Code be amended to read as follows:
Sec. 121.22. (A) This section shall be liberally
construed to require public officials to take official action and
to conduct all deliberations upon official business only in open
meetings unless the subject matter is specifically excepted by
law.
(B) As used in this section:
(1) "Public body" means 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) A student in a state or local public educational
institution;
(b) 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 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
(G) of
either section 4730.25 or 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 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 members present, may close the meeting
during
consideration of the following information confidentially
received by the 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 authority, council, or board to
accept
or reject the application, as well as all proceedings of the
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 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 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;
(7) IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO
CHAPTER 339. OF THE REVISED CODE, TO CONSIDER TRADE
SECRETS, AS DEFINED IN SECTION 1333.61 OF THE REVISED CODE.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (6)(7) 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 this section. An action
under
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
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. 133.07. (A) A county shall not incur, without a vote
of the electors, either of the following:
(1) Net indebtedness for all purposes that exceeds an
amount equal to one per cent of its tax valuation;
(2) Net indebtedness for the purpose of paying the
county's share of the cost of the construction, improvement,
maintenance, or repair of state highways that exceeds an amount
equal to one-half of one per cent of its tax valuation.
(B) A county shall not incur total net indebtedness that
exceeds an amount equal to one of the following limitations
that applies to the county:
(1) A county with a valuation not exceeding one hundred
million dollars, three per cent of that tax valuation;
(2) A county with a tax valuation exceeding one hundred
million dollars but not exceeding three hundred million dollars,
three million dollars plus one and one-half per cent of that tax
valuation in excess of one hundred million dollars;
(3) A county with a tax valuation exceeding three hundred
million dollars, six million dollars plus two and one-half per
cent of that tax valuation in excess of three hundred million
dollars.
(C) In calculating the net indebtedness of a county, none
of the following securities shall be considered:
(1) Securities described in section 307.201 of the Revised
Code;
(2) Self-supporting securities issued for any purposes,
including, but not limited to, any of the following general
purposes:
(a) Water systems or facilities;
(b) Sanitary sewerage systems or facilities, or surface
and storm water drainage and sewerage systems or facilities, or a
combination of those systems or facilities;
(c) County or joint county scrap tire collection, storage,
monocell, monofill, or recovery facilities, or any combination of
those facilities;
(d) Off-street parking lots, facilities, or buildings, or
on-street parking facilities, or any combination of off-street
and on-street parking facilities;
(e) Facilities for the care or treatment of the sick or
infirm, and for housing the persons providing that care or
treatment and their families;
(f) Recreational, sports, convention, auditorium, museum,
trade show, and other public attraction facilities;
(g) Facilities for natural resources exploration,
development, recovery, use, and sale;
(h) Correctional and detention facilities and related
rehabilitation facilities.
(3) Securities issued for the purpose of purchasing,
constructing, improving, or extending water or sanitary or
surface and storm water sewerage systems or facilities, or a
combination of those systems or facilities, to the extent that an
agreement entered into with another subdivision requires the
other subdivision to pay to the county amounts equivalent to debt
charges on the securities;
(4) Voted general obligation securities issued for the
purpose of permanent improvements for sanitary sewerage or water
systems or facilities to the extent that the total principal
amount of voted securities outstanding for the purpose does not
exceed an amount equal to two per cent of the county's tax
valuation;
(5) Securities issued for permanent improvements to house
agencies, departments, boards, or commissions of the county or of
any municipal corporation located, in whole or in part, in the
county, to the extent that the revenues, other than revenues from
unvoted county property taxes, derived from leases or other
agreements between the county and those agencies, departments,
boards, commissions, or municipal corporations relating to the
use of the permanent improvements are sufficient to cover the
cost of all operating expenses of the permanent improvements paid
by the county and debt charges on the securities;
(6) Securities issued pursuant to section 133.08 of the
Revised Code;
(7) Securities issued for the purpose of acquiring or
constructing roads, highways, bridges, or viaducts, for the
purpose of acquiring or making other highway permanent
improvements, or for the purpose of procuring and maintaining
computer systems for the office of the clerk of any
county-operated municipal court, for the office of the clerk of
the court of common pleas, or for the office of the clerk of the
probate, juvenile, or domestic relations division of the court of
common pleas to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from moneys distributed to the county pursuant to division (B) of
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a
sufficient amount to cover debt charges on and financing costs
relating to the securities as they become due;
(8) Securities issued for the purpose of acquiring,
constructing, improving, and equipping a county, multicounty, or
multicounty-municipal jail, workhouse, juvenile detention
facility, or correctional facility;
(9) Securities issued for the acquisition, construction,
equipping, or repair of any permanent improvement or any class or
group of permanent improvements enumerated in a resolution
adopted pursuant to division (D) of section 5739.026 of the
Revised Code to the extent that the legislation authorizing the
issuance of the securities includes a covenant to appropriate
from moneys received from the taxes authorized under section
5739.023 and division (A)(5) of section 5739.026 of the Revised
Code an amount sufficient to pay debt charges on the securities
and those moneys shall be pledged for that purpose;
(10) Securities issued for county or joint county solid
waste or hazardous waste collection, transfer, or disposal
facilities, or resource recovery and solid or hazardous waste
recycling facilities, or any combination of those facilities;
(11) Securities issued for the acquisition, construction,
and equipping of a port authority educational and cultural
facility under section 307.671 of the Revised Code;
(12) Securities issued for the acquisition, construction,
equipping, and improving of a municipal educational and cultural
facility under division (B)(1) of section 307.672 of the Revised
Code;
(13) Securities issued for energy conservation measures under section 307.041
of the Revised Code;
(14) Securities issued for the acquisition, construction, equipping,
improving, or repair of a sports facility, including obligations issued to pay
costs of a sports facility under section 307.673 of the Revised Code;
(15) Securities issued under section 755.17 of the Revised Code if the
legislation authorizing issuance of the securities includes
a covenant to appropriate from revenue received from a tax authorized under
division (A)(5) of section 5739.026 and section 5741.023 of the Revised Code
an amount sufficient to pay debt charges on the securities, and the board of
county commissioners pledges that revenue for that purpose, pursuant to
section 755.171 of the Revised Code;
(16) Sales tax supported bonds issued pursuant to section
133.081 of the Revised Code for the purpose of
acquiring, constructing, improving, or equipping any permanent
improvement to the extent that the legislation authorizing the
issuance of the sales tax supported bonds pledges county sales
taxes to the payment of debt charges on the sales tax supported
bonds and contains a covenant to appropriate from county sales
taxes a sufficient amount to cover debt charges or the financing
costs related to the sales tax supported bonds as they become
due.
(17) Bonds or notes issued under section 133.60 of the
Revised Code if the legislation authorizing issuance of the
bonds or notes includes a covenant to appropriate from revenue received from a
tax authorized under division (A)(9) of section 5739.026 and section
5741.023 of the Revised Code an amount sufficient to pay the
debt charges on the bonds or notes, and the board of county commissioners
pledges that revenue for that purpose.
(17)(18) Securities issued under section 3707.55 of the
Revised Code for the acquisition of real property by a general health
district.
(D) In calculating the net indebtedness of a county, no
obligation incurred under division (E)(D) of section 339.06 of
the
Revised Code shall be considered.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means any record that is kept by any
public office, including, but not limited to, state, county,
city, village, township, and school district units, except
that "public record" does not mean any of the following:
(a) Medical records;
(b) Records pertaining to probation and parole proceedings;
(c) Records pertaining to actions under section 2151.85 and division
(C) of section 2919.121 of
the Revised Code and to appeals of actions arising under
those sections;
(d) Records pertaining to adoption proceedings, including the
contents of an adoption file maintained by the department of health under
section 3705.12 of the Revised Code;
(e) Information in a record contained in the putative father registry
established by section 3107.062 of the Revised Code, regardless of whether the
information is held by the department of human services or, pursuant to
section 5101.313 of the Revised Code, the division of child support in the
department or a child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of the Revised Code or
specified in division (A) of section 3107.52 of the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential under
section 2317.023 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to section 109.573 of the Revised Code;
(k) Inmate records released by the department of rehabilitation and
correction to
the department of youth services or a court of record pursuant to division (E)
of section 5120.21 of the Revised Code;
(l) Records maintained by the department of youth services pertaining to
children in its custody released by the department of youth services to the
department of rehabilitation and correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of human services pursuant to
section 5101.312 of the Revised Code;
(p) IN THE CASE OF A COUNTY HOSPITAL OPERATED
PURSUANT TO CHAPTER
339.
of the Revised Code, INFORMATION THAT CONSTITUTES A TRADE SECRET,
AS DEFINED IN SECTION 1333.61 of the Revised Code, AND ANY RECORDS HELD BY THE HOSPITAL
PERTAINING TO ITS EMPLOYEES;
(q) Records the release of which is prohibited by state or federal
law.
(2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with the offense to which the record pertains, or of an
information source or witness to whom confidentiality has been
reasonably promised;
(b) Information provided by an information source or
witness to whom confidentiality has been reasonably promised,
which information would reasonably tend to disclose the source's or witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other than a financial or administrative record, that is produced or collected
by or for faculty or staff of a state institution of higher learning in the
conduct of or as a result of study or research on an educational, commercial,
scientific, artistic, technical, or scholarly issue, regardless of whether the
study or research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or potential
donors to a public institution of higher education except the names and
reported addresses of the actual donors and the date, amount, and conditions
of the actual donation.
(B) All public records shall be promptly prepared and made
available for inspection to any person at all reasonable times
during regular business hours. Upon request, a person
responsible for public records shall make copies available at
cost, within a reasonable period of time. In order to facilitate
broader access to public records, governmental units shall
maintain public records in a manner that they can be made
available for inspection in accordance with this division.
(C) If a person allegedly is aggrieved by the failure of a
governmental unit to promptly prepare a public record and to make
it available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a person
responsible for the public record to make a copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the governmental unit or the person responsible for the public
record to comply with division (B) of this section and that
awards reasonable attorney's fees to the person that instituted
the mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly was not complied with pursuant to its original
jurisdiction under Section 3 of Article IV, Ohio Constitution.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) The bureau of motor vehicles may adopt rules pursuant to
Chapter 119. of the Revised Code to reasonably
limit the number of bulk commercial special extraction requests made by a
person for the same records or for updated records during a calendar year.
The rules may include provisions for charges to be made for bulk commercial
special
extraction requests for the actual cost of the bureau, plus special extraction
costs, plus ten per cent. The bureau may charge for
expenses for redacting information, the release of which is prohibited by
law.
(2) As used in division (E)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies, records
storage media costs, actual mailing and alternative delivery costs, or other
transmitting costs, and any direct equipment operating and maintenance costs,
including actual costs paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a request
for copies of a record for information in a format other than the format
already available, or information that cannot be extracted without examination
of all items in a records series, class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale for
commercial purposes. "Bulk commercial special extraction request" does not
include a request by a person who gives assurance to the bureau that the
person making the request does not intend to use or forward the requested
copies for surveys, marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time spent
by the lowest paid employee competent to perform the task, the actual amount
paid to outside private contractors employed by the bureau, or the actual cost
incurred to create computer programs to make the special extraction. "Special
extraction costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (E)(1)
and (2) of this section, "commercial surveys, marketing, solicitation, or
resale" shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist citizen oversight or
understanding of the operation or activities of government, or nonprofit
educational research.
Sec. 325.19. (A)(1) The granting of vacation leave under
division (A)(1) of this section is subject to divisions (A)(2)
and (3) of this section. Each full-time employee in the several
offices and departments of the county service, including
full-time hourly rate employees, after service of one year with
the county or any political subdivision of the state, shall have
earned and will be due upon the attainment of the first year of
employment, and annually thereafter, eighty hours of vacation
leave with full pay. One year of service shall be computed on
the basis of twenty-six biweekly pay periods. A full-time county
employee with eight or more years of service with the county or
any political subdivision of the state shall have earned and is
entitled to one hundred twenty hours of vacation leave with full
pay. A full-time county employee with fifteen or more years of
service with the county or any political subdivision of the state
shall have earned and is entitled to one hundred sixty hours of
vacation leave with full pay. A full-time county employee with
twenty-five years of service with the county or any political
subdivision of the state shall have earned and is entitled to two
hundred hours of vacation leave with full pay. Such vacation
leave shall accrue to the employee at the rate of three and
one-tenth hours each biweekly period for those entitled to eighty
hours per year; four and six-tenths hours each biweekly period
for those entitled to one hundred twenty hours per year; six and
two-tenths hours each biweekly period for those entitled to one
hundred sixty hours per year; and seven and seven-tenths hours
each biweekly period for those entitled to two hundred hours per
year.
(2) Full-time employees granted vacation leave under
division (A)(1) of this section who render any standard of
service other than forty hours per week as described in division
(J) of this section and who are in active pay status in a
biweekly pay period, shall accrue a number of hours of vacation
leave during each such pay period that bears the same ratio to
the number of hours specified in division (A)(1) of this section
as their number of hours which are accepted as full-time in
active pay status, excluding overtime hours, bears to eighty
hours.
(3) Full-time employees granted vacation leave under
division (A)(1) of this section who are in active pay status in a
biweekly pay period for less than eighty hours or the number of
hours of service otherwise accepted as full-time by their
employing office or department shall accrue a number of hours of
vacation leave during that pay period that bears the same ratio
to the number of hours specified in division (A)(1) of this
section as their number of hours in active pay status, excluding
overtime hours, bears to eighty or the number of hours of service
accepted as full-time, whichever is applicable.
(B) A board of county commissioners, by resolution, may
grant vacation leave with full pay to part-time county employees.
A part-time county employee shall be eligible for vacation leave
with full pay upon the attainment of the first year of
employment, and annually thereafter. The ratio between the hours
worked and the vacation hours awarded to a part-time employee
shall be the same as the ratio between the hours worked and the
vacation hours earned by a full-time employee as provided for in
this section.
(C) Days specified as holidays in section 124.19 of the
Revised Code shall not be charged to an employee's vacation
leave. Vacation leave shall be taken by the employee during the
year in which it accrued and prior to the next recurrence of the
anniversary date of the employee's employment, provided the appointing
authority may, in special and meritorious cases, permit such
employee to accumulate and carry over his vacation leave to the
following year. No vacation leave shall be carried over for more
than three years. An employee is entitled to compensation, at
the employee's current rate of pay, for the prorated portion
of any earned but unused vacation leave for the current year to the employee's
credit at time of separation, and in addition shall be compensated for any
unused vacation leave accrued to the employee's credit, with the permission
of the appointing authority, for the three years immediately preceding the
last anniversary date of employment.
(D)(1) In addition to vacation leave, a full-time county
employee is entitled to eight hours of holiday pay for New Year's
day, Martin Luther King day, Washington-Lincoln day, Memorial
day, Independence day, Labor day, Columbus day, Veterans' day,
Thanksgiving day, and Christmas day, of each year. Except
as provided in division (D)(2) of this section, holidays
shall occur on the days specified in section 1.14 of the Revised
Code. In the event that any of the aforesaid holidays fall on
Saturday, the Friday immediately preceding shall be observed as
the holiday. In the event that any of the aforesaid holidays
fall on Sunday, the Monday immediately succeeding shall be
observed as the holiday. If an employee's work schedule is other
than Monday through Friday, the employee is entitled to
holiday pay for holidays observed on the employee's day off regardless of the
day of the week on which they are observed.
(2)(a) When a classified employee of a county board of mental
retardation and developmental disabilities works at a site maintained by a
government entity other than the board, such as a public school, the board may
adjust the employee's holiday schedule to conform to the schedule adopted by
the government entity. Under an adjusted holiday schedule, an employee shall
receive the number of hours of holiday pay granted under division
(D)(1) of this section.
(b) PURSUANT TO DIVISION (H)(6) OF SECTION 339.06 of the Revised Code,
A COUNTY HOSPITAL MAY OBSERVE MARTIN LUTHER KING
DAY, WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND
VETERANS' DAY ON DAYS OTHER THAN THOSE SPECIFIED IN SECTION 1.14
of the Revised Code.
(E) In the case of the death of a county employee, the
unused vacation leave and unpaid overtime to the credit of any
such employee, shall be paid in accordance with section 2113.04
of the Revised Code, or to the employee's estate.
(F) Notwithstanding this section or any other section of
the Revised Code, any appointing authority of a county office,
department, commission, board, or body may, upon notification to
the board of county commissioners, establish alternative
schedules of vacation leave and holidays for employees of the
appointing authority for whom the state employment relations
board has not established an appropriate bargaining unit pursuant
to section 4117.06 of the Revised Code, provided that the
alternative schedules are not inconsistent with the provisions of
a collective bargaining agreement covering other employees of
that appointing authority.
(G) The employees of a county children services board that
establishes vacation benefits under section 5153.12 of the
Revised Code are exempt from division (A) of this section.
(H) The provisions of this section do not apply to
superintendents and management employees of county boards of
mental retardation and developmental disabilities.
(I) Division (A) of this section does not apply to an employee of
a county board of mental retardation and developmental disabilities who works
at, or provides transportation services to pupils of, a special education
program provided by the county board pursuant to division (A)(4) of
section 5126.05 of the Revised Code, if the employee's employment is based on a school year
and the employee is not subject to a contract with the county board that
provides for division (A) of this section to apply to the employee.
(J) As used in this section:
(1) "Full-time employee" means an employee whose regular
hours of service for a county total forty hours per week, or who
renders any other standard of service accepted as full-time by an
office, department, or agency of county service.
(2) "Part-time employee" means an employee whose regular
hours of service for a county total less than forty hours per
week, or who renders any other standard of service accepted as
part-time by an office, department, or agency of county service,
and whose hours of county service total at least five hundred
twenty hours annually.
(3) "Management employee" has the same meaning as in
section 5126.20 of the Revised Code.
Sec. 339.01. (A) As used in sections 339.01 to 339.17 of
the Revised Code:
(1) "Hospital facilities" has the meaning given in section
140.01 of the Revised Code.
(2) "County hospital" includes all of the county
hospital's branches and hospital facilities, wherever located.
(3) "Outpatient health facility" means a facility where
medical care and preventive, diagnostic, therapeutic,
rehabilitative, or palliative items or services are provided to
outpatients by or under the direction of a physician or dentist.
(B) The A board of county commissioners may purchase,
acquire, lease, appropriate, and construct a county hospital or
hospital facilities thereof. After a county hospital or hospital
facilities have been fully completed and sufficiently equipped
for occupancy, any subsequent improvements, enlargements, or
rebuilding of any such facility shall be made by the board of
county hospital trustees or a hospital commission appointed
pursuant to section 339.14 of the Revised Code.
(C)(1) A BOARD OF COUNTY COMMISSIONERS, board of county
hospital trustees, or a hospital
commission may purchase, acquire, lease, appropriate, or
construct an outpatient health facility in
another county, which TO SERVE AS A BRANCH OF THE COUNTY
HOSPITAL. THE OUTPATIENT HEALTH FACILITY
may include office space for physicians. The facility shall be a
branch of the county hospital and shall be operated pursuant to
the law that regulates the operation of the county hospital. A
board of county hospital trustees or a hospital commission that
proposes to establish such a facility shall give written notice
to ITS BOARD OF COUNTY COMMISSIONERS AND TO the board of county
commissioners of the county where the
facility is to be located.
THE BOARD OF COUNTY COMMISSIONERS WHERE THE FACILITY IS
TO BE LOCATED, BY RESOLUTION ADOPTED WITHIN FORTY DAYS AFTER
RECEIPT OF THE NOTICE, MAY OBJECT TO THE PROPOSED FACILITY. THE
RESOLUTION SHALL INCLUDE AN EXPLANATION OF THE OBJECTION AND MAY
MAKE ANY RECOMMENDATIONS THE BOARD CONSIDERS NECESSARY. THE BOARD
SHALL SEND A COPY OF THE RESOLUTION TO THE BOARD OF COUNTY
HOSPITAL TRUSTEES OR THE HOSPITAL COMMISSION AND TO THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY THAT PROPOSES TO LOCATE THE
FACILITY IN THE OTHER COUNTY.
(2) Except as provided in division (C)(3) of this section,
the board OF COUNTY HOSPITAL TRUSTEES or THE HOSPITAL commission
may establish and operate the facility,
unless the board of county commissioners of the county where
PROPOSING TO LOCATE the
facility is to be located IN THE OTHER COUNTY, not later than
sixty TWENTY days after
receiving the notice A RESOLUTION OF OBJECTION FROM THE OTHER
COUNTY'S BOARD OF COUNTY COMMISSIONERS PURSUANT TO DIVISION (C)(1) OF
THIS SECTION, adopts a resolution denying the trustees or
commission the right to establish the facility.
(3) If a board of county commissioners provides a subsidy
for uncompensated care to a board of county hospital trustees or
hospital commission, the board of county hospital trustees or
hospital commission may establish and operate the outpatient
health facility only if that board of county commissioners
approves the establishment of the facility. Even if the board
approves the establishment of the facility, it shall not
appropriate any funds generated by a tax levied under section
5705.191 of the Revised Code to finance the acquisition,
construction, repair, maintenance, or operation of such a
facility located outside the county.
(D) A county hospital may be designated as a monument to
commemorate the services of the soldiers, sailors, marines, and
pioneers of the county.
Sec. 339.03. The board of county hospital trustees shall
have complete charge of the selection and purchase or lease of a
site or sites for a county hospital, taking title or leasehold
interest to such site or sites in the name of the county, the
selection of plans and specifications, the determination and
erection of all necessary buildings on such site or sites, and of
the selection and installation of all necessary and proper
furniture, fixtures, and equipment. The board of county hospital
trustees may make capital improvements, including the purchase of
equipment, and may finance such improvements through hospital
revenues or other hospital funds. The board may issue revenue
obligations, pursuant to section 140.06 or 339.15 of the Revised
Code, or revenue bonds pursuant to section 133.08 of the Revised
Code.
A board of county hospital trustees may construct an
addition to the county hospital, acquire an existing structure
for the purpose of leasing office space to local physicians, or
lease real property to any person to construct facilities for
providing medical services other than inpatient hospital services
if the board of county hospital trustees determines that such
purpose is reasonably related to the proper operation of the
county hospital.
The trustees shall serve without compensation, but shall be
allowed their necessary and reasonable expenses incurred in the
performance of their duties, including the cost of their
participation in such continuing education programs or
developmental programs as the trustees consider necessary. Such
expenses shall be paid out of the funds provided for such
hospital. The board of county hospital trustees may employ such
help as is necessary to perform its clerical work, superintend
properly the construction of such hospital, and pay the expenses
thereof, including the salary and benefits of the administrator
as provided in section 339.06 of the Revised Code, out of the
funds provided for such hospital.
The board of county hospital trustees may employ RETAIN counsel
and institute legal action in its own name for the collection of
delinquent accounts. The board may also employ any other lawful
means for the collection of delinquent accounts.
Each trustee shall be bonded for the proper performance of
his duties, in such sum as the
board of county commissioners
requires, with sureties to its approval. The expense of so
bonding each trustee shall be paid from hospital operating funds.
Sec. 339.06. (A) The board of county hospital trustees
shall, upon completion of construction or leasing and equipping
of the A county hospital, SHALL assume and continue the
operation of such THE
hospital. The board shall have the entire management and control
of the hospital, and shall establish such rules for its
government and the admission of persons as are expedient.
The board has control of the property of the hospital,
including management and disposal of surplus property other than
real estate or an interest in real estate, and has control of all
funds used in the hospital's operation. The administrator or his
designee shall deposit all, INCLUDING moneys received from
the operation of
the hospital or, MONEYS appropriated for its operation by
the board of
county commissioners, or AND MONEYS resulting from special
levies submitted
by the board of county commissioners as provided for in section
5705.22 of the Revised Code, to the hospital's credit in banks or
trust companies designated by the board of county hospital
trustees, which fund shall be known as the hospital operating
fund. The administrator or his designee may
deposit funds not
needed for immediate expenses in interest-bearing or
noninterest-bearing accounts or United States government
obligations. Such banks or trust companies shall furnish
security for all such deposits, whether interest bearing or
noninterest bearing, except that no such security is required for
United States government obligations, notwithstanding sections
135.01 to 135.21 of the Revised Code. ALL OR PART OF THE
MONEYS DETERMINED NOT TO BE NECESSARY TO MEET CURRENT DEMANDS ON
THE HOSPITAL MAY BE INVESTED BY THE BOARD OF HOSPITAL TRUSTEES OR ITS DESIGNEE
IN ANY CLASSIFICATIONS OF SECURITIES AND OBLIGATIONS ELIGIBLE FOR DEPOSIT OR
INVESTMENT OF COUNTY MONEYS PURSUANT TO SECTION 135.35 of the Revised Code, SUBJECT TO THE
APPROVAL OF THE BOARD'S WRITTEN INVESTMENT POLICY BY THE COUNTY INVESTMENT
ADVISORY COMMITTEE ESTABLISHED PURSUANT TO SECTION 135.341 of the Revised Code.
(B) Annually by the first day of November, the board of
county hospital trustees shall submit its proposed budget for the
ensuing fiscal year to the board of county commissioners for
approval, and the board of county commissioners shall approve a
budget for the county hospital by the first day of December. If
the taxes collected pursuant to any tax levied under section
5705.22 of the Revised Code, or the amount appropriated to the
county hospital by the commissioners in the annual appropriation
measure for the county for the ensuing fiscal year differ from
the amount shown in the approved budget, the board of county
commissioners may require the board of county hospital trustees
to revise the hospital budget accordingly. The board of trustees
shall not expend such funds until its budget for that calendar
year is submitted to and approved by the board of county
commissioners. Thereafter such funds may be disbursed by the
board of county hospital trustees, consistent with the approved
budget, for the uses and purposes of such hospital,; for the
replacement of necessary equipment, or; for the acquiring
of ACQUISITION,
leasing, or construction of permanent improvements to county
hospital property,; OR FOR MAKING A DONATION AUTHORIZED BY
DIVISION (C) OF THIS SECTION. EACH DISBURSEMENT OF FUNDS SHALL BE
MADE on a voucher signed by signatories designated
and approved by the board of county hospital trustees.
(C) The head of a board of county hospital trustees is not
required to file an estimate of contemplated revenue and
expenditures for the ensuing fiscal year under section 5705.28 of
the Revised Code unless the board of county commissioners levies
a tax for the county hospital, or such a tax is proposed, or the
board of county hospital trustees desires that the board of
county commissioners make an appropriation to the county hospital
for the ensuing fiscal year.
(D) All moneys appropriated by the board of county
commissioners or from special levies by the board of county
commissioners for the operation of the hospital, when collected
shall be paid to the board of county hospital trustees on a
warrant of the county auditor and approved by the board of county
commissioners. The board of hospital trustees shall file an
annual report of revenues and expenditures for the fiscal year
with the board of county commissioners within ninety days after
the fiscal year's end.
(E)(C) FOR THE PUBLIC PURPOSE OF IMPROVING THE HEALTH,
SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE BOARD OF HOSPITAL TRUSTEES
MAY DONATE TO A NONPROFIT ENTITY ANY OF THE FOLLOWING:
(1) MONEYS AND OTHER FINANCIAL ASSETS DETERMINED NOT TO BE NECESSARY TO
MEET CURRENT
DEMANDS ON THE HOSPITAL;
(2) SURPLUS HOSPITAL PROPERTY, INCLUDING SUPPLIES, EQUIPMENT, OFFICE
FACILITIES, AND OTHER PROPERTY THAT IS NOT REAL ESTATE
OR AN INTEREST IN REAL ESTATE;
(3) SERVICES RENDERED BY THE HOSPITAL.
(D)(1) For purposes of this division:
(a) "Bank" has the same meaning as in section 1101.01 of
the Revised Code.
(b) "Savings and loan association" has the same meaning as
in section 1151.01 of the Revised Code.
(c) "Savings bank" has the same meaning as in section
1161.01 of the Revised Code.
(2) The board of county hospital trustees may enter into a
contract for a secured line of credit with a bank, savings and
loan association, or savings bank if the contract meets all of
the following requirements:
(a) The term of the contract does not exceed one hundred
eighty days.
(b) The board's secured line of credit does not exceed
five hundred thousand dollars.
(c) The contract provides that any amount extended must be
repaid in full before any additional credit can be extended.
(d) The contract provides that the bank, savings and loan
association, or savings bank shall not commence a civil action
against the board of county commissioners, any member of the
board, or the county to recover the principal, interest, or any
charges or other amounts that remain outstanding on the secured
line of credit at the time of any default by the board of county
hospital trustees.
(e) The contract provides that no assets other than those
of the hospital can be used to secure the line of credit.
(f) The terms and conditions of the contract comply with
all state and federal statutes and rules governing the extension
of a secured line of credit.
(3) Any obligation incurred by a board of county hospital
trustees under this division is an obligation of that board only
and not a general obligation of the board of county commissioners
or the county within the meaning of division (Q) of section
133.01 of the Revised Code.
(4) No board of county hospital trustees shall at any time
have more than one secured line of credit under this section.
(F) The board of county hospital trustees shall employ an
administrator, whose title, salary, and other benefits shall be
determined by the trustees. The administrator may be removed by
the board whenever the board determines it to be in the best
interests of the hospital. The administrator or his
designee
shall employ, contract with, or grant privileges to, such
physicians, nurses, and other employees as are
necessary for the proper care, control, and management of the
county hospital and its patients. The board shall adopt the wage
and salary schedule for the county hospital. Such physicians,
nurses, and other employees may be suspended or removed by the
administrator or his designee at any time
when the welfare of
such institution warrants suspension or removal. Such
physicians, nurses, and other employees, if employed,
shall be in the
unclassified civil service, pursuant to section 124.11 of the
Revised Code. The administrator and such other employees as the
board considers necessary shall be bonded in amounts established
by the board, the expense of which shall be paid out of hospital
operating funds.
(G)(E) The board shall establish a schedule of charges for
all services and treatment rendered by the county hospital. It
may provide for the free treatment in such hospital of soldiers,
sailors, and marines of the county, under such conditions and
rules as it prescribes.
(H)(F) The board may designate the amounts and forms of
insurance protection to be provided, and the board of county
commissioners shall assist in obtaining such protection. The
expense of providing the protection shall be paid from hospital
operating funds.
(I)(G) The board of county hospital trustees may authorize a
county hospital and each of its units, hospital board members,
designated hospital employees, and medical staff members to be a
member of and maintain membership in any local, state, or
national group or association organized and operated for the
promotion of the public health and welfare or advancement of the
efficiency of hospital administration and in connection therewith
to use tax funds for the payment of dues and fees and related
expenses but nothing in this section prohibits the board from
using receipts from hospital operation, other than tax funds, for
the payment of such dues and fees.
(J)(H) THE FOLLOWING APPLY TO THE BOARD OF COUNTY
HOSPITAL
TRUSTEES, ITS EMPLOYEES, AND THE EMPLOYEES OF THE COUNTY
HOSPITAL:
(1) THE BOARD SHALL ADOPT THE WAGE AND SALARY SCHEDULE FOR
EMPLOYEES.
(2) THE BOARD MAY EMPLOY THE HOSPITAL'S ADMINISTRATOR
PURSUANT TO SECTION 339.07 OF THE REVISED CODE,
AND THE ADMINISTRATOR MAY EMPLOY INDIVIDUALS FOR THE HOSPITAL IN
ACCORDANCE WITH THAT SECTION.
(3) THE BOARD MAY EMPLOY ASSISTANTS AS NECESSARY TO PERFORM
ITS CLERICAL WORK, SUPERINTEND PROPERLY THE CONSTRUCTION OF THE
COUNTY HOSPITAL, AND PAY THE HOSPITAL'S EXPENSES. SUCH
EMPLOYEES MAY BE PAID FROM FUNDS PROVIDED FOR THE COUNTY
HOSPITAL.
(4) The board may hire, by contract or as salaried
employees, such management consultants, accountants, attorneys,
engineers, architects, construction managers, and other
professional advisors as it determines are necessary and
desirable to assist in the management of the programs and
operation of the county hospital. Such professional advisors may
be paid from county hospital operating funds.
(K)(5) Notwithstanding section 325.19 of the Revised Code,
the board of county hospital trustees may grant to its employees
any fringe benefits the board determines to be customary and
usual in the nonprofit hospital field in its community,
including, but not limited to:
(1)(a) Additional vacation leave with full pay for full-time
employees, including full-time hourly rate employees, after
service of one year;
(2)(b) Vacation leave and holiday pay for part-time employees
on a pro rata basis;
(3)(c) Leave with full pay due to death in the employee's
immediate family, which shall not be deducted from the employee's
accumulated sick leave;
(4)(d) Premium pay for working on holidays listed in section
325.19 of the Revised Code;
(5)(e) Moving expenses for new employees;
(6)(f) Discounts on hospital supplies and services.
In addition to (6) THE BOARD MAY PROVIDE HOLIDAY LEAVE BY
OBSERVING
MARTIN LUTHER KING DAY,
WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND
VETERANS' DAY ON DAYS OTHER THAN THOSE SPECIFIED IN
SECTION 1.14 OF THE REVISED CODE.
(7) THE BOARD MAY GRANT TO EMPLOYEES
the insurance benefits authorized by section
339.16 of the Revised Code and notwithstanding.
(8) NOTWITHSTANDING section 325.19 of
the Revised Code, the board may grant to employees, including
hourly rate employees, such personal holidays as the board
determines to be customary and usual in the hospital field in its
community.
(9) The board of county hospital trustees may provide employee
recognition awards and hold employee recognition dinners.
(10) THE BOARD MAY GRANT TO EMPLOYEES THE RECRUITMENT AND
RETENTION BENEFITS SPECIFIED UNDER DIVISION (I) OF THIS SECTION.
(I) Notwithstanding sections 325.191 and 325.20 of the Revised
Code, the board of county hospital trustees may provide, without
the prior authorization of the board of county commissioners,
scholarships for education in the health care professions,
tuition reimbursement, and other staff development programs to
enhance the skills of health care professionals for the purpose
of recruiting or retaining qualified employees.
The board of county hospital trustees may pay reasonable
expenses for recruiting or retaining physicians and other
appropriate health care practitioners.
Sec. 339.07. (A) The
BOARD OF COUNTY HOSPITAL TRUSTEES SHALL PROVIDE FOR THE
ADMINISTRATION OF THE COUNTY HOSPITAL BY DIRECTLY EMPLOYING A
HOSPITAL ADMINISTRATOR OR BY ENTERING INTO A CONTRACT FOR THE
MANAGEMENT OF THE HOSPITAL UNDER WHICH AN ADMINISTRATOR IS
PROVIDED. WHEN AN ADMINISTRATOR IS EMPLOYED DIRECTLY, THE BOARD
SHALL ADOPT A JOB DESCRIPTION DELINEATING THE ADMINISTRATOR'S
POWERS AND DUTIES AND THE BOARD MAY PAY THE ADMINISTRATOR'S
SALARY AND OTHER BENEFITS FROM FUNDS PROVIDED FOR THE HOSPITAL.
(B) DURING THE CONSTRUCTION AND EQUIPPING OF THE HOSPITAL,
THE administrator of a county hospital shall
act in an advisory capacity to the board of county hospital
trustees during the construction and equipping of the county
hospital, and after. AFTER the hospital is completed
he, THE
ADMINISTRATOR shall serve as
the chief executive officer and shall carry out the
administration of the county hospital according to the policies
set forth by the board charged with the operation of such
hospital. The board shall adopt a job description delineating
the powers and duties of the administrator.
The administrator shall administer the county hospital,
make reports, and take any other action that he THE
ADMINISTRATOR determines is
necessary for the operation of the hospital.
At the end of each fiscal year, the administrator shall
submit to the board a complete financial statement showing the
receipts, revenues, and expenditures in detail for the entire
fiscal year.
THE ADMINISTRATOR SHALL ENSURE THAT THE HOSPITAL HAS SUCH PHYSICIANS,
NURSES, AND OTHER EMPLOYEES AS ARE NECESSARY FOR THE PROPER CARE, CONTROL, AND
MANAGEMENT OF THE COUNTY HOSPITAL AND ITS PATIENTS. THE PHYSICIANS, NURSES,
AND OTHER EMPLOYEES MAY BE SUSPENDED OR REMOVED BY THE ADMINISTRATOR AT ANY
TIME THE WELFARE OF THE HOSPITAL WARRANTS SUSPENSION OR REMOVAL. THE
ADMINISTRATOR MAY OBTAIN PHYSICIANS, NURSES, AND OTHER EMPLOYEES BY DIRECT
EMPLOYMENT, ENTERING INTO CONTRACTS, OR GRANTING AUTHORITY TO PRACTICE IN
THE HOSPITAL. PERSONS EMPLOYED DIRECTLY SHALL BE IN THE UNCLASSIFIED CIVIL
SERVICE, PURSUANT TO SECTION 124.11 of the Revised Code.
Sec. 4115.04. (A) Every public authority authorized to
contract for or construct with its own forces a public
improvement, before advertising for bids or undertaking such
construction with its own forces, shall have the bureau of employment services
determine the prevailing rates of wages of
mechanics and laborers in accordance with section 4115.05 of the
Revised Code for the class of work called for by the public
improvement, in the locality where the work is to be performed.
Such schedule of wages shall be attached to and made part of the
specifications for the work, and shall be printed on the bidding
blanks where the work is done by contract. A copy of the bidding
blank shall be filed with the bureau before such contract is awarded. A
minimum rate of wages for
common laborers, on work coming under the jurisdiction of the
department of transportation, shall be fixed in each county of
the state by said department of transportation, in accordance
with section 4115.05 of the Revised Code.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not apply to:
(A)(1) Public improvements in any case where the federal
government or any of
its agencies
furnishes by loan or grant all or any part of the funds used in
constructing such improvements, provided the federal government
or any of its agencies prescribes predetermined minimum wages to
be paid to mechanics and laborers employed in the construction of
such improvements;
(B)(2) A participant in a work activity,
developmental activity, or an alternative work
activity under sections
5107.40 to 5107.69 of the Revised Code when a public authority
directly uses the labor of the participant to construct a public improvement
if the participant is not
engaged in paid employment or subsidized employment pursuant to the
activity;
(C)(3) Public improvements undertaken by, or under contract
for, the board of
education of any school district or the governing board of any educational
service center;
(4) PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT FOR, A
COUNTY HOSPITAL OPERATED PURSUANT TO CHAPTER 339. of the Revised Code IF NONE OF THE
FUNDS
USED IN CONSTRUCTING THE IMPROVEMENTS
ARE THE PROCEEDS OF BONDS OR OTHER OBLIGATIONS
WHICH ARE SECURED BY THE FULL FAITH AND CREDIT
OF THE STATE, THE COUNTY, OR A MUNICIPAL CORPORATION AND NONE OF THE FUNDS
USED IN
CONSTRUCTING THE IMPROVEMENTS, INCLUDING FUNDS USED TO REPAY ANY
AMOUNTS BORROWED TO CONSTRUCT THE IMPROVEMENTS, ARE FUNDS THAT HAVE BEEN
APPROPRIATED FOR THAT PURPOSE BY THE BOARD OF COUNTY COMMISSIONERS, THE STATE,
OR A MUNICIPAL CORPORATION FROM FUNDS GENERATED BY
THE LEVY OF A TAX; PROVIDED, HOWEVER, THAT A
COUNTY HOSPITAL MAY ELECT TO APPLY SECTIONS 4115.03 TO 4115.16 OF
THE REVISED CODE TO A PUBLIC IMPROVEMENT UNDERTAKEN BY, OR
UNDER CONTRACT FOR, THE COUNTY
HOSPITAL.
Section 2. That existing sections 121.22, 133.07, 149.43, 325.19, 339.01,
339.03, 339.06, 339.07, and 4115.04
of the Revised Code are hereby repealed.
Section 3. Section 133.07 of the Revised Code is presented in this act
as a composite of the section as amended by both
Sub. H.B. 581 and Am. Sub. S.B. 223 of the 122nd 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 is the resulting version in
effect prior to the effective date of this act.
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