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Sub. S. B. No. 187As Reported by the House Education CommitteeAs Reported by the House Education Committee
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Nein, Randy Gardner, DiDonato, Brady, Prentiss, Herington, Robert Gardner, Harris, Mumper, Ryan, Blessing, Espy, Spada
REPRESENTATIVES Callender, Calvert, Carano, Webster, Hartnett, Setzer, Barrett, Hoops, Roman
A BILL
To amend sections 505.71, 733.08, 733.31, 3311.19, and
3313.12 of the Revised
Code to
increase the maximum
compensation for
members of
school district boards
of education and
educational
service center
governing boards, to
permit
compensation to school
district board and educational service center
governing board members for attendance at
training
programs, to
increase the maximum number of
meetings for which
the
board of
trustees of a joint
ambulance district
may be compensated
each
year, to
increase the
maximum
amount of compensation that a
joint ambulance district board
member
may be
paid
for those
meetings, and to
have the president of
the legislative authority fill a vacancy
under
specified circumstances in the office of the mayor
in a
statutory city.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.71, 733.08, 733.31, 3311.19, and
3313.12 of the Revised
Code be
amended to read as follows:
Sec. 505.71. The boards of township trustees of one or
more
townships and the legislative authorities of any one or more
municipal corporations within or adjoining
such
those townships,
or the
boards of township trustees of two or more townships, or
the
legislative
authority
authorities of two or more municipal
corporations, may,
by adoption of a joint resolution by a majority
of the members of
each board of township trustees and by a
majority of the members
of the legislative authority of each
municipal corporation,
create
a joint ambulance district
comprising the municipal
corporations
and all or any portions of
the townships as are
mutually agreed
upon, except that no portion
of a township or municipal
corporation being served by a joint
emergency medical services
district shall
be part of a joint
ambulance district. A district
so created shall be given a
name
different from the name of any
participating township or
municipal
corporation. The governing body of a district shall be a board of
trustees, which shall include one representative appointed by
each
board of township trustees and one representative appointed
by the
legislative authority of each municipal corporation in the
district. Members of the board of trustees may be compensated at
a rate not to exceed
twenty
seventy-five dollars per meeting,
not
to exceed
twelve
fifteen meetings per year, and may be reimbursed
for all
necessary
expenses incurred. The board shall employ a
clerk. Before
entering upon
the
official duties
of his office,
the
clerk
of the board of
trustees of a joint ambulance district
shall execute a bond, in
the amount and with surety to be approved
by the board, payable
to the state,
and conditioned for the
faithful
performance of all
the
official duties required of
him
the clerk.
Such
The bond shall be
deposited
with the presiding
officer of the
board, and copies
thereof
of it,
certified by
him
the presiding officer,
shall be filed with the
county auditor of
each
county with a
subdivision included in the district. To provide the services and equipment it considers
necessary
for the district, the board may levy taxes, subject to
Chapter
5705. of the Revised Code, and issue bonds and other
evidences of
indebtedness, subject to Chapter 133. of the Revised
Code, after
submitting the question of
such
that issuance to the
electors of
the
district in the manner provided by Chapter 133.
of the Revised
Code. The district may purchase, lease, maintain,
and use all
materials, equipment, vehicles, buildings, and land
necessary to
perform its duties. Any municipal corporation or township may join an existing
district by the adoption of a resolution requesting
such
membership and upon approval of the board of the district. Any
municipal corporation or township may withdraw from a district by
the adoption of a resolution ordering withdrawal. On or after
the
first day of January of the year following the adoption of
the
resolution of withdrawal, the municipal corporation or
township
withdrawing ceases to be a part of
such
the district, and the
power of
the district to levy a tax upon taxable property in the
withdrawing township or municipal corporation terminates, except
that the district shall continue to levy and collect taxes for
the
payment of indebtedness within the territory of the district
as it
was comprised at the time the indebtedness was incurred. Upon the withdrawal of any township or municipal
corporation
from a district, the county auditor shall ascertain,
apportion,
and order a division of the funds on hand, moneys and
taxes in the
process of collection, except for taxes levied for
the payment of
indebtedness, credits, and real and personal
property, either in
money or in kind, on the basis of the
valuation of the respective
tax duplicates of the withdrawing
municipal corporation or
township and the remaining territory of
the district. When the number of townships and municipal corporations
constituting a district is reduced to one, the district ceases to
exist by operation of law, and the funds, credits, and property
remaining after apportionments to withdrawing municipal
corporations or townships, shall be assumed by the one remaining
township or municipal corporation. When a district ceases to
exist and an indebtedness remains unpaid, the board of county
commissioners shall continue to levy and collect taxes for the
payment of
such
that indebtedness within the territory of the
district
as it was comprised at the time the indebtedness was
incurred.
Sec. 733.08.
(A) In case of the death, resignation, or
removal
of the mayor, the
vacancy in the office of mayor shall be
filled, until a
successor is
elected and qualified, by a person
chosen by the
residents of that city who are members of the city
central
committee if there is one, or if not then of the county
central
committee, of the political party with which the last
occupant of
the office was affiliated. If the vacancy occurs
because of the
death, resignation, or inability to take office of
a mayor-elect,
an appointment to take the office at the beginning
of the term
shall be made by the members of the central committee
who reside
in the city where the vacancy occurs. Not less than five nor more than forty-five days after the
vacancy occurs, the specified members of the city or county
committee shall meet to make an appointment to fill the vacancy.
Not less than four days before the date of the meeting the
committee chairperson or secretary shall send, by mail
to every
member eligible to vote on filling the vacancy, a written notice
stating the date, time, and place of the meeting and its purpose.
A majority of the eligible members present at the meeting may
make
the appointment.
If the last occupant of the office of mayor or the
mayor-elect was elected as an independent candidate, the vacancy
shall be filled, until a successor is elected and
qualified, by
election by the legislative authority.
(B) If a vacancy in the office of mayor occurs more than
forty days before the next regular municipal election, a
successor
shall be elected at that election for the unexpired
term unless
the unexpired term ends within one year immediately
following the
date of that election, in which case an election
to fill the
unexpired term shall not be held and the person
appointed or
elected under division (A) of this section shall hold
the
office
for the unexpired term. If an election is held
under this
division, the person appointed or elected by the
legislative
authority under division
(A) of this section shall hold
the office
until a successor is elected and
qualified under this division
president of the legislative authority of the city shall become
the mayor and shall hold the office for the unexpired term.
Thereupon, the president pro tempore of the legislative authority
shall become president of the legislative authority for the
unexpired term and shall have the same rights, duties, and powers
as the predecessor to that office. The vacancy in the legislative
authority created by these changes shall be filled for the
unexpired term as provided in section 731.43 of the Revised Code,
and the legislative authority shall elect another president pro
tempore to hold that office.
Sec. 733.31. (A) Unless otherwise provided by law,
vacancies arising in appointive and elective offices of villages
shall be filled by appointment by the mayor for the remainder of
the unexpired term, provided that: (1) Vacancies in the office of mayor shall be filled in
the
manner provided by section 733.25 of the Revised Code; (2) Vacancies in the membership of the legislative
authority
shall be filled in the manner provided by section
731.43 of the
Revised Code;
and (3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code. In the event of a vacancy in the office of village clerk or
treasurer, the mayor may appoint a person to serve as an acting
officer to perform the duties of the office until a permanent
officer is appointed to fill the vacancy. (B) Unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by
the
mayor for the remainder of the unexpired term. (C)
A
Except under the circumstances described in section
733.08 of the Revised Code when the president pro tempore becomes
president of the legislative authority of a city, a vacancy in the
office of president of the
legislative authority of a city shall
be filled in the same
manner as provided in division (D) of this
section. Vacancies in
the office of mayor of a city shall be
filled in the manner
provided in section 733.08 of the Revised
Code. Vacancies in the
membership of the legislative authority of
a city shall be filled
in the manner provided in section 731.43 of
the Revised Code. (D) In case of the death, resignation, removal, or
disability of the director of law, auditor, or treasurer of a
city
and such vacancy occurs more than forty days before the next
general election for
such
that office, a successor shall be
elected at
such
that election for the unexpired term unless
such
that term expires
within one year immediately following the date
of
such
that general
election. In either event, the vacancy shall
be filled as
provided in this section, and the appointee shall
hold
his office
until a successor is elected and qualified. (1) The county central committee of the political party
with
which the last occupant of the office was affiliated, acting
through its members who reside in the city where the vacancy
occurs, shall appoint a person to hold the office and to perform
the
its duties
thereof until a successor is elected and
has
qualified, except that if
such
the vacancy occurs because of the
death, resignation, or inability to take the office of an
officer-elect whose term has not yet begun, an appointment to
take
such
that office at the beginning of the term shall be made by
the
members of the central committee who reside in the city where
the
vacancy occurs. (2) Not less than five nor more than forty-five days after
a
vacancy occurs, the county central committee, acting through
its
members who reside in the city where the vacancy occurs,
shall
meet for the purpose of making an appointment. Not less
than four
days before the date of the meeting the
chairman
chairperson or
secretary of the central committee shall send by first class mail
to every member of
such
the county central committee who resides
in the city
where the vacancy occurs a written notice
which
that
shall state the
time and place of
such
the meeting and
the
its
purpose
thereof. A
majority of the members of the central
committee present at
such
the meeting may make the appointment. (E) If the last occupant of the office or the
officer-elect,
as provided in division (D) of this section, was
elected as an
independent candidate, the mayor of the city shall
make the
appointment at the time the vacancy occurs. (F) Appointments made under this section shall be
certified
by the appointing county central committee or by the
mayor of the
municipal corporation to the county board of
elections and to the
secretary of state. The persons so
appointed and certified shall
be entitled to all remuneration
provided by law for the offices to
which they are appointed. (G) The mayor of the city may appoint a person to hold the
city office of director of law, auditor, or treasurer as an
acting
officer and to perform the duties
thereof
of the applicable office
between the
occurrence of the vacancy and the time when the person
appointed
by the
county central committee qualifies and takes the
office.
Sec. 3311.19. (A) The management and control of a joint
vocational school district shall be vested in the joint
vocational
school district board of education. Where a joint
vocational
school district is composed only of two or more local
school
districts located in one county, or when all the
participating
districts are in one county and the boards of such
participating
districts so choose, the educational
service center governing
board
of the county in which the joint vocational school district
is
located shall serve as the joint vocational school district
board
of education. Where a joint vocational school district is
composed of local school districts of more than one county, or of
any combination of city, local, or exempted village
school
districts or educational service centers, unless administration by
the
educational service center governing board has been chosen by
all the
participating districts in
one county pursuant to this
section, the board of education of
the joint vocational school
district shall be composed of one or
more persons who are members
of the boards of education from each
of the city or exempted
village school districts or
members of the educational service
centers' governing boards
affected to be appointed by the boards
of education or governing boards of
such
school districts and
educational service centers. In such joint vocational
school
districts the
number and terms of members of the joint vocational
school
district board of education and the allocation of a given
number
of members to each of the city and exempted village
districts and educational service centers shall be determined in
the plan for
such district,
provided that each such joint
vocational school district board of
education shall be composed of
an odd number of members. (B) Notwithstanding division (A) of this section, a
governing
board of an educational service center that has members
of
its
governing board serving on a
joint vocational school
district board of education may make a
request to the joint
vocational district board that the joint
vocational school
district plan be revised to provide for one or
more members of
boards of education of local school districts
that are within the
territory of the educational
service district and within the joint
vocational school district to serve in the place of or in
addition
to its educational service center governing board members. If
agreement
is obtained among a majority of the boards of education
and governing boards
that have
a member serving on the joint
vocational school district board of
education and among a majority
of the local school district
boards of education included in the
district and located within
the territory of the educational
service center
whose board requests the substitution
or addition,
the state board of education may revise the joint
vocational
school district plan to conform with such agreement. (C) If the board of education of any school district
or
educational service center governing board included within a joint
vocational district that has had its
board or governing board
membership revised under division (B) of this section
requests the
joint vocational school district board to submit to
the state
board of education a revised plan under which one or
more joint
vocational board members chosen in accordance with a
plan revised
under such division would again be chosen in the
manner prescribed
by division (A) of this section, the joint
vocational board shall
submit the revised plan to the state board
of education, provided
the plan is agreed to by a majority of the
boards of education
represented on the joint vocational board, a
majority of the local
school district boards included within the
joint vocational
district, and each educational service center
governing board
affected by such plan. The state board of education may revise
the joint vocational school district plan to conform with the
revised plan. (D) The vocational schools in such joint vocational school
district shall be available to all youth of school age within the
joint vocational school district subject to the rules adopted by
the joint vocational school district board of education in regard
to the standards requisite to admission. A joint vocational
school district board of education shall have the same powers,
duties, and authority for the management and operation of such
joint vocational school district as is granted by law, except by
this chapter and Chapters 124., 3317., 3323., and 3331. of the
Revised Code, to a board of education of a city school district,
and shall be subject to all the provisions of law that apply to a
city school district, except such provisions in this chapter and
Chapters 124., 3317., 3323., and 3331. of the Revised Code. (E) Where a governing board of an educational
service center
has been designated
to serve as the joint vocational school
district board of
education, the educational service center
superintendent shall be the
executive officer for the joint
vocational school district, and
the governing board may provide
for additional compensation to be paid to
the educational service
center superintendent by the joint
vocational school district, but
the educational service
center
superintendent shall have no
continuing tenure other than that of educational service center
superintendent. The
superintendent of schools of a joint
vocational school district
shall exercise the duties and authority
vested by law in a
superintendent of schools pertaining to the
operation of a school
district and the employment and supervision
of its personnel. The joint
vocational school district board of
education shall
appoint a treasurer of the joint vocational school
district who
shall be the fiscal officer for such district and who
shall have
all the powers, duties, and authority vested by law in
a
treasurer of a board of education. Where a governing board of
an educational service center has been designated to serve as
the
joint vocational
school district board of education, such board
may appoint the
educational service center superintendent as
the
treasurer of the joint
vocational school district. (F) Each member of a joint vocational school district
board
of education may be paid such compensation as the board
provides
by resolution, but it shall not exceed
eighty
one hundred
twenty-five dollars
per member for each meeting attended plus
mileage, at the rate per mile
provided by resolution of the board,
to and from meetings of the board. The board may provide by resolution for the deduction of
amounts payable for benefits under division (D) of section
3313.202 of the Revised Code. No member of a board of a joint
vocational school district who is purchasing any category of
benefits under such section offered by a city, local, or exempted
village school board or educational service center governing
board,
shall purchase the same category of benefits as a member of
the
joint vocational school board.
Each member of a joint vocational school district board may
be paid such compensation as the board provides by resolution for
attendance at
an approved training program, provided that such
compensation
shall not exceed sixty dollars per day for attendance
at a
training program three hours or fewer in length and one
hundred
twenty-five dollars a day for attendance at a training
program
longer than three hours in length. However, no board
member shall
be compensated for the same training program under
this section
and section 3313.12 of the Revised Code.
Sec. 3313.12. Each member of the educational service center
governing board
may be paid such compensation as the governing
board provides by
resolution, provided that any such compensation
shall not exceed
eighty
one hundred twenty-five dollars a day plus
mileage both ways, at the rate per mile
provided by resolution of
the governing board,
to cover the actual and
necessary expenses
incurred during
for attendance
upon
at any
meeting of the board.
Such
expenses
compensation and the expenses of the
educational
service center
superintendent, itemized and
verified, shall be
paid from
the
educational service center governing board fund upon
vouchers
signed by
the
president of the governing board. The board of education of any city, local, or exempted
village school district
may provide by resolution for compensation
of its
members, provided that such compensation shall not exceed
eighty
one hundred twenty-five
dollars per member for meetings
attended.
The The board may provide by resolution for the deduction of
amounts payable for benefits under division (D) of section
3313.202 of the Revised Code.
Each member of a district board or educational service center
governing board may be paid such compensation as the respective
board provides by resolution for attendance at an approved
training
program, provided that such compensation shall not exceed
sixty
dollars a day for attendance at a training program three
hours or
fewer in length and one hundred twenty-five dollars a day
for
attendance at a training program longer than three hours in
length.
Section 2. That existing sections 505.71, 733.08, 733.31,
3311.19, and 3313.12 of the
Revised Code
are hereby repealed.
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