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(125th General Assembly)
(Substitute Senate Bill Number 222)
AN ACT
To amend sections 121.22, 133.05, 149.43, 721.15, 721.27, 737.03, 749.02, 749.08, 749.10, 749.15, 749.18, 749.24, 749.33, 751.07, 2744.01, 3702.62, and 4115.04; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 749.03 (749.021), 749.08 (749.081), and 749.15 (749.082); to enact new sections 749.03 and 749.08 and sections 749.083, 749.084, and 749.37 of the
Revised Code to
modify the laws governing municipal
hospitals.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.22, 133.05, 149.43, 721.15, 721.27, 737.03, 749.02, 749.08, 749.10, 749.15, 749.18, 749.24, 749.33, 751.07, 2744.01, 3702.62, and 4115.04 be
amended; sections 749.03 (749.021), 749.08 (749.081), and 749.15 (749.082) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 749.03 and 749.08 and sections 749.083, 749.084, and 749.37 of the Revised Code be enacted 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.
(4) "Public office" has the same meaning as in section
149.011 of the Revised Code. (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 any of the following: (1) A grand jury; (2) 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; (3) 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; (4) The organized crime investigations commission
established under section 177.01 of the Revised Code; (5) Meetings of a child fatality review board established
under section
307.621 of the Revised Code and meetings conducted
pursuant to
sections 5153.171 to 5153.173
of the Revised Code; (6) 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; (7) The board of nursing when
determining whether to suspend
a license or certificate without a prior
hearing
pursuant to
division (B) of section 4723.281 of the
Revised Code; (8) The state board of pharmacy when determining whether to
suspend a
license without a prior hearing pursuant to division (D)
of section
4729.16 of the Revised Code; (9) The state chiropractic board when determining whether to
suspend a
license without a hearing pursuant to section 4734.37 of
the Revised Code. (10) 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)
Details relative to the security
arrangements
and
emergency response protocols for a public body or
a public office,
if
disclosure of the matters discussed
could
reasonably be
expected to jeopardize the security of the public body or public
office; (7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. 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 (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. 133.05. (A) A municipal corporation shall not incur
net indebtedness that exceeds an amount equal to ten and one-half
per cent of its tax valuation, or incur without a vote of the
electors net indebtedness that exceeds an amount equal to five
and one-half per cent of that tax valuation. (B) In calculating the net indebtedness of a municipal
corporation, none of the following securities shall be
considered: (1) Self-supporting securities issued for any purposes
including, without limitation, 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) Electric plants and facilities and steam or
cogeneration facilities that generate or supply electricity, or
steam and electrical or steam distribution systems and lines; (d) Airports or landing fields or facilities; (e) Railroads, rapid transit, and other mass transit
systems; (f) Off-street parking lots, facilities, or buildings, or
on-street parking facilities, or any combination of off-street
and on-street parking facilities; (g) Facilities for the care or treatment of the sick or
infirm, and for housing the persons providing such care or
treatment and their families; (h) Solid waste or hazardous waste collection or disposal
facilities, or resource recovery and solid or hazardous waste
recycling facilities, or any combination of those facilities; (i) Urban redevelopment projects; (j) Recreational, sports, convention, auditorium, museum,
trade show, and other public attraction facilities; (k) Facilities for natural resources exploration,
development, recovery, use, and sale; (l) Correctional and detention facilities, including
multicounty-municipal jails, and related rehabilitation
facilities. (2) 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 municipal corporation amounts
equivalent to debt charges on the securities; (3) Securities issued under order of the director of
health or director of environmental protection under section
6109.18 of the Revised Code; (4) Securities issued under Section 3, 10, or 12 of
Article XVIII, Ohio Constitution; (5) Securities that are not general obligations of the
municipal corporation; (6) Voted securities issued for the purposes of urban
redevelopment to the extent that their principal amount does not
exceed an amount equal to two per cent of the tax valuation of
the municipal corporation; (7) Unvoted general obligation securities to the extent
that the legislation authorizing them includes covenants to
appropriate annually from lawfully available municipal income
taxes or other municipal excises or taxes, including taxes referred to in
section 701.06 of the Revised Code but not including ad valorem property
taxes, and to
continue to levy and collect those municipal income taxes or other
applicable excises or taxes in, amounts necessary to meet the debt charges
on those
securities, which covenants are hereby authorized; (8) Self-supporting securities issued prior to July 1,
1977, under this chapter for the purpose of municipal university
residence halls to the extent that revenues of the successor
state university allocated to debt charges on those securities,
from sources other than municipal excises and taxes, are
sufficient to pay those debt charges; (9) 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 the municipal
court to the extent that the legislation authorizing the issuance
of the securities includes a covenant to appropriate from money
distributed to the municipal corporation pursuant to 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; (10) Securities issued for the purpose of providing some
or all of the funds required to satisfy the municipal
corporation's obligation under an agreement with the board of
trustees of the Ohio police and fire pension fund
under section 742.30 of the Revised Code; (11) Securities issued for the acquisition, construction,
equipping, and improving of a municipal educational and cultural
facility under division (B)(2) of section 307.672 of the Revised
Code; (12) Securities issued for energy conservation measures under section 717.02
of the Revised Code; (13) Securities that are obligations issued to pay costs of a
sports facility under section 307.673 of the Revised Code. (C) In calculating the net indebtedness of a municipal
corporation, no obligation incurred under division (C) of section
749.08 749.081 of the Revised Code shall be considered.
Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (a) Medical records; (b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions; (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
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office 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 job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer, firefighter, or EMT residential and
familial
information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code. (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. (7) "Peace officer, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer, firefighter, or EMT that
discloses any of the
following: (i) The address of the actual personal residence of a peace
officer, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, firefighter, or EMT
resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, firefighter, or EMT by
the peace officer's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, firefighter's, or
EMT's
employer from the
peace
officer's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, firefighter, or EMT. (b) Any record that identifies a person's occupation as a
peace
officer, firefighter, or EMT other than statements required
to
include the
disclosure of that fact
under the campaign
finance
law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or 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,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
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. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, firefighter or EMT and, if the
peace officer's,
firefighter's or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office 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 public
office or the
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 public office 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 divisions (B)(3) and (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. 721.15.
(A) Personal property not needed for municipal
purposes, the estimated value of which is less than one thousand
dollars, may be sold by the board or officer having supervision
or
management
of that property. If the estimated value of
that
property
is one thousand dollars
or more, it
shall be sold only
when
authorized by an ordinance of the
legislative authority of
the
municipal corporation and approved by
the board, officer, or
director having supervision or management
of
that
property. When
so authorized, the
board, officer, or director
shall make a
written contract with the
highest and best bidder
after
advertisement for not less than two
or more than four
consecutive
weeks in a newspaper of general
circulation within
the municipal
corporation, or with a board of
county
commissioners upon such
lawful terms as are agreed upon, as
provided by division (B)(1) of section 721.27 of
the Revised Code. (B) When the legislative authority finds, by resolution,
that the
municipal corporation has vehicles, equipment, or
machinery which
is
obsolete, or is not needed or is unfit for
public use,
that
the municipal corporation has
need of other
vehicles, equipment,
or machinery of the same type,
and
that it
will be
in the best interest of the
municipal corporation that
the sale
of obsolete, unneeded, or
unfit vehicles, equipment, or
machinery
be made simultaneously
with the purchase of the new
vehicles,
equipment, or machinery of
the same type,
the
legislative
authority may offer to sell,
or authorize a board,
officer, or
director of
the municipal
corporation having
supervision or
management of
the property
to offer to sell,
those vehicles,
equipment, or machinery and
to have the selling
price
credited against the
purchase price of other vehicles,
equipment, or machinery and to
consummate
the sale and purchase
by a single contract with
the lowest and best bidder to be
determined by subtracting from
the selling price of the vehicles,
equipment, or machinery to be
purchased by
the municipal
corporation the purchase price
offered for
the municipally-owned
vehicles, equipment, or
machinery. When the legislative
authority
or the authorized
board, officer, or director of a
municipal
corporation advertises
for bids for the sale of new
vehicles,
equipment, or machinery to
the municipal corporation,
they may
include in the same
advertisement a notice of
willingness to
accept bids for the
purchase of municipally-owned
vehicles,
equipment, or machinery
which is obsolete,
or
is
not needed
or is
unfit for public
use, and to have the amount of
those bids
subtracted from the
selling price as a means of determining the
lowest and best
bidder.
(C) If the legislative authority of the municipal
corporation determines that municipal personal property is not
needed for public use, or is obsolete or unfit for the use for
which it was acquired, and that the property has no value, the
legislative authority may discard or salvage that property. (D) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
legislative authority of a municipal corporation may sell
personal
property, including motor vehicles acquired for the use
of
municipal officers and departments, and road machinery,
equipment,
tools, or supplies, which is not needed for public use,
or is
obsolete or unfit for the use for which it was acquired, by
internet auction. The legislative authority shall adopt, during
each calendar year, a resolution expressing its intent to sell
that property by internet auction.
The resolution shall include a
description of how the auctions
will be conducted and shall
specify the number of days for bidding
on the property, which
shall be no less than fifteen days, including
Saturdays, Sundays,
and legal holidays. The resolution shall indicate whether the
municipal corporation will conduct the auction or the legislative
authority will contract with a representative to conduct the
auction and shall establish the general terms and
conditions of
sale. If a representative is known when
the resolution is
adopted, the resolution shall provide contact
information such as
the representative's name, address, and telephone
number. After adoption of the resolution, the legislative authority
shall publish, in a newspaper of general circulation in the
municipal corporation, notice of its intent to sell unneeded,
obsolete, or unfit municipal personal property by internet
auction. The notice shall include a
summary
of the information
provided in the resolution and shall be
published at least twice.
The second and any subsequent notice
shall be published not less
than ten nor more than twenty days
after the previous notice. A
similar notice also shall be posted
continually throughout the
calendar year in a conspicuous place in the offices of the village
clerk or city auditor, and the legislative authority, and, if the
municipal corporation maintains a website on the internet, the
notice shall be posted continually throughout the calendar year at
that website. When the property is to be sold by internet auction, the
legislative authority or its representative may establish a
minimum
price that
will be accepted for specific items and may
establish
any other
terms and conditions for the particular sale,
including
requirements for pick-up or delivery, method of payment,
and sales
tax. This type of information shall be provided on the
internet
at the time of the auction and may be provided before
that time
upon request after the terms and conditions have been
determined
by the legislative authority or its representative.
Sec. 721.27. (A) The actions specified in division (B) of this section may be taken without competitive bidding as required by sections 721.03 and 721.15 of the Revised Code. (B) A municipal corporation may, by ordinance, authorize the
transfer, lease, or conveyance of any real property, upon which it has
acquired, established, erected, or maintained a hospital, together with any
personal property suitable for such hospital, to a either of the following: (1) A board of county
commissioners, upon such lawful terms as are agreed upon between the municipal
corporation and the board of county commissioners, without competitive bidding
as required by section 721.03 and 721.15 of the Revised Code; (2) Any person for purposes of providing medical services other than hospital services, if the municipal corporation determines that the transfer, lease, or conveyance is reasonably related to the proper operation of the hospital.
Sec. 737.03. The director of public safety shall manage
and
make all contracts with reference to police stations,
fire
houses, reform schools, infirmaries, hospitals other than municipal hospitals operated pursuant to Chapter 749. of the Revised Code, workhouses,
farms,
pesthouses, and all other charitable and reformatory
institutions.
In the control and supervision of
those
institutions, the
director shall be governed by
the provisions of Title VII of the
Revised Code relating to
those institutions. The director may make all contracts and expenditures of
money
for acquiring lands for the erection or repairing of
station
houses, police stations, fire department buildings, fire
cisterns,
and plugs, that are required, for the purchase of
engines,
apparatus, and all other supplies necessary for the
police and
fire departments, and for other undertakings and
departments under
the director's supervision, but no
obligation involving an
expenditure of more than
twenty-five thousand dollars shall be
created
unless first authorized and directed by ordinance. In
making,
altering, or modifying
those contracts, the director
shall be
governed by sections 735.05 to 735.09 of the Revised
Code, except
that all bids shall be filed with and opened by
the
director.
The director shall make no sale or disposition of
any
property
belonging to the city without first being authorized
by
resolution or
ordinance of the city legislative authority.
Sec. 749.02. The legislative authority of a municipal corporation may agree
with a corporation organized for charitable purposes and not for profit, for
the erection and management of a hospital suitably located for the treatment
of the sick and disabled of such municipal corporation, or for an addition to
such hospital, and for a permanent interest therein to such extent and upon
such terms as are agreed upon between them, and the legislative authority
shall provide for the payment of the amount agreed upon for such interest,
either in one payment or in annual installments, as is agreed upon. Such agreement shall not become operative until approved by a vote of the
electors of the municipal corporation as provided in section 749.03 749.021 of the
Revised Code.
Sec. 749.03 749.021. Upon the execution of the agreement provided
for in section 749.02 of the Revised Code the legislative
authority of the municipal corporation shall submit to the
electors thereof, at the next general election occurring not less
than seventy-five days after the certification of the resolution
to the board of elections, the question of the ratification of
such agreement, and if the sum to be paid by the municipal
corporation under the terms of such agreement is not available
from current general revenues thereof, the legislative authority
shall also submit to the electors, at the same election, the
question of the issue of bonds of the municipal corporation in
the amount specified in such agreement for the purpose of
providing funds for the payment of such sum. The proceedings in
the matter of such election and in the issuance and sale of such
bonds shall be as provided by law for municipal bonds. Such
agreement shall not be effective, and no bonds shall be issued,
unless the electors approve of both the agreement and the bond
issue, if the question of the issue of bonds is so submitted.
Sec. 749.03. (A) As used in this section, "health facility" means both of the following:
(1) A hospital, as defined in section 3727.01 of the Revised Code;
(2) A facility other than a hospital, as defined in section 3727.01 of the Revised Code, 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 legislative authority of a municipal corporation or a board of hospital commissioners established under section 749.04 of the Revised Code may purchase,
acquire, lease, appropriate, or
construct a health facility in
another municipal corporation to serve as a branch of a
hospital erected under sections 749.02 to 749.14 of the Revised Code. The health facility
may include office space for physicians. The facility shall be operated
pursuant to
the law that regulates the operation of the hospital. (C) When a proposal to establish a health facility in another municipal corporation is made by a board of hospital commissioners, all of the following apply: (1) The board shall give written notice
to the legislative authority of its municipal corporation and to the legislative authority of the municipal corporation where the
facility is to be located.
The legislative authority of the municipal corporation 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 legislative authority considers necessary. The legislative authority
shall send a copy of the resolution to the board of hospital commissioners and the legislative authority of the municipal corporation that proposes to locate the
facility in the other municipal corporation. (2) Except as provided in division (B)(3) of this section,
the board of hospital commissioners
may establish and operate the facility,
unless the legislative authority of the municipal corporation
proposing to locate the
facility in the other municipal corporation, not later than
twenty days after
receiving a resolution of objection from the other
legislative authority pursuant to division (B)(1) of
this section, adopts a resolution denying the board the right to establish the facility. (3) If the legislative authority of a municipal corporation provides a subsidy
for uncompensated care to a board of hospital commissioners, the board may establish and operate the health facility only if that legislative authority
approves the establishment of the facility.
Sec. 749.08. (A) The board of hospital commissioners shall have
the entire management and control of a hospital erected under
sections 749.02 to 749.14 of the Revised Code, when completed and
ready for use, and shall assume and continue the operation of the hospital. Subject to the ordinances of the legislative
authority of the municipal corporation, the board shall establish rules for the hospital's government,
and the admission of persons to its privileges, as are expedient. (B) The board has control of the property of the hospital. The board's control of property includes acquiring, holding, possessing, managing, and disposing of real and personal property. (C) The board may enter into contracts with any person or government entity. No member of the board shall be interested, directly or indirectly, in any contract concerning the hospital. (D)(1) The board has control of all
funds used in the hospital's operation, including moneys received
from
the operation of
the hospital, moneys appropriated for its operation by
the legislative authority of
the municipal corporation, and moneys resulting from special
levies submitted
by the legislative authority for operation of the hospital. Of those funds, all or part of any amount determined not to be necessary to meet current demands on
the hospital may be invested by the board or its designee
in any classifications of securities and obligations eligible for deposit or
investment of moneys pursuant to section 135.14 of the Revised Code, subject to the
approval of the board's written investment policy by the legislative authority of the municipal corporation. (2) Each disbursement of funds shall be made on a voucher signed by signatories designated and approved by the board.
(3) Unless an expenditure is first authorized by the board, no money shall be paid for any of the following:
(a) The erection, rebuilding, or repair of the hospital;
(b) An addition to the hospital;
(c) Supplies for the hospital;
(d) Replacement of necessary equipment for the hospital;
(e) Acquisition, leasing, or construction of permanent improvements to hospital property;
(f) Donations authorized under division (H) of this section;
(g) Any other use or purpose related to the hospital.
(E) For the use and benefit of the hospital, the board may take and hold in trust any grant or devise of land and any donation or bequest of money or other personal property. (F) With respect to taking title to or a leasehold interest in property on behalf of the hospital, both of the following apply:
(1) The title to or leasehold interest in the property may be taken in the name of the board or an entity organized for charitable purposes that is under the board's control.
(2) If a transaction occurs or has occurred in which the title to or leasehold interest in the property was taken in the name of the legislative authority of the municipality, the title to or leasehold interest in the property may be conveyed to the board or an entity organized for charitable purposes that is under the board's control.
(G) When the legislative authority of a municipal corporation acquires property for purposes of the hospital, an easement may be acquired in the name of the board.
(H) For the public purpose of improving the health,
safety, and general welfare of the community, the board of hospital commissioners
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; (3) Services rendered by the hospital.
Sec. 749.08 749.081. (A) For purposes of this section: (1) "Bank" has the same meaning as in section 1101.01 of
the Revised Code. (2) "Savings and loan association" has the same meaning as
in section 1151.01 of the Revised Code. (3) "Savings bank" has the same meaning as in section
1161.01 of the Revised Code. (B) No money shall be paid for the erection, rebuilding,
or repair of a hospital, or for any addition thereto, or for
supplies therefor, unless such expenditure is first authorized by
the board of hospital commissioners, and upon the warrant of the
proper officer of the municipal corporation. No member of the
board shall be interested, directly or indirectly, in any
contract concerning such hospital. (C) The board of hospital commissioners 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:
(1) The term of the contract does not exceed one hundred
eighty days; (2) The board's secured line of credit does not exceed
five hundred thousand dollars; (3) The contract provides that any amount extended must be
repaid in full before any additional credit can be extended; (4) The contract provides that the bank, savings and loan
association, or savings bank shall not commence a civil action
against the legislative authority of a municipal corporation or
any member thereof, or the municipal corporation 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 hospital commissioners; (5) The contract provides that no assets other than those
of the hospital can be used to secure the line of credit; (6) 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. (D)(C) Any obligation incurred by a board of hospital
commissioners under division (C)(B) of this section is an obligation
of that board only and not a general obligation of the
legislative authority of a municipal corporation or the municipal
corporation within the meaning of division (Q) of section 133.01
of the Revised Code.
(E)(D) No board of hospital commissioners shall at any time
have more than one secured line of credit under division (B) of this section.
Sec. 749.15 749.082. (A) The director of public safety shall have
the entire management and control following apply to the board of hospital
commissioners in relation to its employees and the employees of a hospital erected under
sections 749.02 to 749.14 of the Revised Code, when completed and
ready for use, and, subject to the ordinances of the legislative
authority of the city, shall establish rules for its government,
and the admission of persons to its privileges, as he deems
expedient. The director may employ a superintendent, steward,
physicians, nurses, and such other employees as are necessary,
and fix the compensation of all such persons, which compensation
shall be subject to the approval of the legislative authority.
The director with the approval of the mayor may also employ
counsel to bring legal action for the collection of delinquent
accounts. (B) The director of public safety municipal corporation:
(1) The board may adopt the wage and salary schedule for
employees. (2) The board may employ the hospital's administrator
pursuant to section 749.083 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
hospital, and pay the hospital's expenses. The
employees may be paid from funds provided for the
hospital. (4) The board may enter into a contract with an employer or other entity whereby the services of any employee of the board or hospital are rendered to or on behalf of the employer or other entity for a fee paid to the board or hospital. (5) The board may grant to employees
of a hospital erected under sections 749.02 to 749.14 of the
Revised Code any of the following as he fringe benefits the board determines
to be
customary and usual in the nonprofit hospital field in the
community, including the following: (1)(a) Additional vacation leave with full pay for full-time
employees, including 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, which shall not be deducted from
the employee's accumulated sick leave, due to death in the
employee's immediate family;
(4)(d) Moving expenses for new employees;
(5)(e) Premium pay for working on holidays observed by other
municipal agencies;
(6)(f) Discounts on purchases from the hospital pharmacy.
The director (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 division (B) of this section. (8) The board may provide employee recognition awards and
may hold employee recognition dinners. The director (9) The board may provide
scholarships for education in the health care professions,
tuition reimbursement, and other staff development programs for
the purpose of recruiting or retaining qualified employees. The (10) The
board may pay reasonable expenses for recruiting physicians into
the city or for retaining them if all or part of the city has
been designated as an area with a shortage of personal health
services under the "Health Maintenance Organization Act of 1973,"
87 Stat. 914, 42 U.S.C. 300e, as amended.
(B)(1) The board of hospital commissioners may contract
for, purchase, or otherwise procure on behalf of any or all of
its employees, the employees of the hospital, or such employees and their immediate dependents
the following types of fringe benefits: (a) Group or individual insurance contracts which may
include life, sickness, accident, disability, annuities,
endowment, health, medical expense, hospital, dental, surgical
and related coverage or any combination thereof; (b) Group or individual contracts with health insuring
corporations or other providers of professional services,
care, or benefits duly authorized to do business in this state. (2) The board of hospital commissioners may contract for,
purchase, or otherwise procure insurance contracts which provide
protection for the commissioners, the board's employees, and the employees of the hospital against liability,
including professional liability, provided that this section or
any insurance contract issued pursuant to this section shall not
be construed as a waiver of or in any manner affect the immunity
of the hospital or municipal corporation. (3) All or any portion of the cost, premium, fees, or charges
for the insurance benefits specified in divisions (B)(1) and (2) of this section may be paid in such manner or combination of manners as
the board may determine, including direct payment by
an employee, and, if authorized in writing by an employee, by
the board with moneys made available by deduction
from or reduction in salary or wages or by the foregoing of a
salary or wage increase. Notwithstanding sections 3917.01 and 3917.06 of the Revised
Code, the board may purchase group life insurance
authorized by this section by reason of payment of premiums
therefor by the board from its funds, and such group
life insurance may be issued and purchased if otherwise
consistent with sections 3917.01 to 3917.06 of the Revised Code. (C) The board with the approval of the legislative authority may retain counsel to bring actions for the collection of delinquent accounts.
Sec. 749.083. (A) The
board of hospital commissioners shall provide for the
administration of the 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 shall
act in an advisory capacity to the board. After the hospital is completed, the
administrator shall serve as
the chief executive officer and shall carry out the
administration of the hospital according to the policies
set forth by the board. The administrator shall administer the hospital,
make reports, and take any other action that 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 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.
Sec. 749.084. The board of hospital commissioners may do any of the following if the board determines that the action is reasonably related to the operation of the hospital:
(A) Construct an addition to the hospital under the powers vested the board under section 749.04 of the Revised Code;
(B) Acquire an existing structure for the purpose of leasing office space to local physicians;
(C) Lease real property to any person to construct facilities for providing medical services other than inpatient hospital services or otherwise lease or convey interests in real estate for providing medical services other than inpatient hospital services.
Sec. 749.10. All contracts for the erection of a hospital building shall be
made in the name of the municipal corporation or the board of hospital commissioners, and it shall be stipulated
therein that the contractor will not execute any extra work, or make any
modifications or alterations mentioned in the specifications and plans, unless
ordered in writing by the board of hospital commissioners, that he
the contractor will not
claim any pay therefor unless such written order is given, and the additional
compensation fixed and agreed upon. Copies of the plans and drawings,
attested by the contractor, and the original bids, specifications, and
contracts shall be deposited in the office of the clerk of the municipal
corporation.
Sec. 749.18. Where an agreement under section 749.16 of the Revised Code
concerns or includes participation of a joint township hospital district, or
of a county, in the maintenance and operation of a municipal hospital, the
municipal corporation may establish a board of governors to exercise, subject
to such further limitations as are imposed by the agreement, the powers vested
under section 749.15 of the Revised Code in the director of public safety board of hospital commissioners,
provided that any such limitations shall not deny the board of governors the
authority to employ retain counsel, to institute legal action in its own name, or to
employ any other lawful means, for the collection of delinquent accounts. The
board may include in its membership such representatives of the participating
district, or of the county, as are provided for in such agreement. The
municipal members of the board shall consist of the mayor, who by virtue of
his that office shall be its president, and four resident
freeholders of the
municipal corporation, at least one of whom shall be a doctor of medicine, to
be appointed by the mayor with the consent of the legislative authority. The
term of office of such municipal members shall be as provided in section
749.05 of the Revised Code. The board shall, subject to the terms of the
agreement, establish such regulations and elect such officers, other than
president, as its members determine. The members shall be entitled to such
compensation for their services as is provided by the agreement.
Sec. 749.24. The board of hospital trustees shall, subject to any ordinance
of the municipal corporation, have the entire management and control of the
property or funds mentioned in section 749.20 of the Revised Code, and shall
establish such rules for the government thereof as it deems expedient. Such
board shall also have the entire control of the expenditure of all moneys
therefrom and they shall be disbursed by the treasurer of the municipal
corporation only upon the warrant of the municipal auditor or clerk, drawn in
accordance with the order of such board. The board may apply, control, invest, and reinvest the funds coming or
arising from any gift, devise, or request bequest according to the terms on which it
was acquired.
Sec. 749.33. The board of hospital trustees may employ such superintendents,
physicians, nurses, and other employees as are necessary for the execution of
its duties and fix their compensation. Any of such persons may be removed by
the board at any time. The board may provide to its employees such of the
benefits, awards, and staff development programs listed in section 749.15 749.082 of
the Revised Code as the board determines to be customary and usual in the
nonprofit hospital field in its community.
Sec. 749.37. Notwithstanding any conflicting provision of sections 749.09 to 749.14 and 749.26 to 749.31 of the Revised Code, Chapter 153. of the Revised Code, or any other competitive bidding requirement specified in the Revised Code that requires a public authority to enter into separate contracts for the design and construction of a public improvement, a board of hospital commissioners or a board of hospital trustees may enter into a single contract under which the entity awarded the contract is responsible for providing both design and construction services related to the erection of a hospital, any addition to the hospital, or any other improvement to the hospital or its properties involving alteration, repair, replacement, renovation, installation, or demolition. This section does not otherwise alter the competitive bidding requirements that apply to the board when entering into a contract for a public improvement.
Sec. 751.07. In the management of a city infirmary, in the care and treatment
of the inmates thereof, and in the erection, enlargement, or repair of any
building for infirmary purposes, or of any addition thereto, the director of
public safety shall have the same powers, be governed by the same regulations,
and perform the same duties, as far as applicable, as are vested in him
a board of hospital commissioners established under section 749.04 of the Revised Code in
relation to municipal hospitals. The power of the legislative authority in
relation thereto shall be the same, so far as applicable, as provided to the legislative authority by
sections 749.01 to 749.34, inclusive, of the Revised Code, in relation to
hospitals.
Sec. 2744.01. As used in this chapter: (A)
"Emergency call" means a call to duty, including, but
not
limited to, communications from citizens, police dispatches,
and
personal observations by peace officers of inherently
dangerous
situations that demand an immediate response on the
part
of a
peace officer. (B)
"Employee" means an officer, agent, employee, or
servant,
whether or not compensated or full-time or part-time,
who
is
authorized to act and is acting within the scope of
the
officer's,
agent's, employee's, or servant's
employment for a
political
subdivision.
"Employee" does not
include an independent
contractor
and does not include any
individual engaged by a school
district
pursuant to section
3319.301 of the Revised Code.
"Employee"
includes any elected or
appointed official of a
political
subdivision.
"Employee" also
includes a person who has
been
convicted of or pleaded guilty to
a criminal offense and who
has
been sentenced to perform
community service work in a
political
subdivision whether
pursuant to section 2951.02 of the
Revised
Code or otherwise, and
a child who is found to be a
delinquent
child and who is ordered
by a juvenile court pursuant
to section
2152.19
or 2152.20 of the Revised
Code to perform
community
service or community work in a
political subdivision. (C)(1)
"Governmental function" means a function of a
political subdivision that is specified in division (C)(2) of
this
section or that satisfies any of the following: (a) A function that is imposed upon the state as an
obligation of sovereignty and that is performed by a political
subdivision voluntarily or pursuant to legislative requirement; (b) A function that is for the common good of all citizens
of the state; (c) A function that promotes or preserves the public
peace,
health, safety, or welfare; that involves activities that
are not
engaged in or not customarily engaged in by
nongovernmental
persons; and that is not specified in division
(G)(2) of this
section as a proprietary function. (2) A
"governmental function" includes, but is not limited
to, the following: (a) The provision or nonprovision of police, fire,
emergency
medical, ambulance, and rescue services or protection; (b) The power to preserve the peace; to prevent and
suppress
riots, disturbances, and disorderly assemblages; to
prevent,
mitigate, and clean up releases of oil and hazardous and
extremely
hazardous substances as defined in section 3750.01 of
the Revised
Code; and to protect persons and property; (c) The provision of a system of public education; (d) The provision of a free public library system; (e) The regulation of the use of, and the maintenance and
repair of, roads, highways, streets, avenues, alleys, sidewalks,
bridges, aqueducts, viaducts, and public grounds; (f) Judicial, quasi-judicial, prosecutorial, legislative,
and quasi-legislative functions; (g) The construction, reconstruction, repair, renovation,
maintenance, and operation of buildings that are used in
connection with the performance of a governmental function,
including, but not limited to, office buildings and courthouses; (h) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of jails, places of juvenile
detention, workhouses, or any other detention facility, as
defined
in section 2921.01 of the Revised Code; (i) The enforcement or nonperformance of any law; (j) The regulation of traffic, and the erection or
nonerection of traffic signs, signals, or control devices; (k) The collection and disposal of solid wastes, as
defined
in section 3734.01 of the Revised Code, including, but
not limited
to, the operation of solid waste disposal facilities,
as
"facilities" is defined in that section, and the collection
and
management of hazardous waste generated by households. As
used in
division (C)(2)(k) of this section,
"hazardous waste
generated by
households" means solid waste originally generated
by individual
households that is listed specifically as hazardous
waste in or
exhibits one or more characteristics of hazardous
waste as defined
by rules adopted under section 3734.12 of the
Revised Code, but
that is excluded from regulation as a hazardous
waste by those
rules. (l) The provision or nonprovision, planning or design,
construction, or reconstruction of a public improvement,
including, but not limited to, a sewer system; (m) The operation of a
job and family services
department
or
agency, including, but not limited to, the provision
of
assistance to aged and infirm persons and to persons who are
indigent; (n) The operation of a health board, department, or
agency,
including, but not limited to, any statutorily required
or
permissive program for the provision of immunizations or other
inoculations to all or some members of the public, provided that
a
"governmental function" does not include the supply,
manufacture,
distribution, or development of any drug or vaccine
employed in
any such immunization or inoculation program by any
supplier,
manufacturer, distributor, or developer of the drug or
vaccine; (o) The operation of mental health facilities, mental
retardation or developmental disabilities facilities, alcohol
treatment and control centers, and children's homes or agencies; (p) The provision or nonprovision of inspection services
of
all types, including, but not limited to, inspections in
connection with building, zoning, sanitation, fire, plumbing, and
electrical codes, and the taking of actions in connection with
those types of codes, including, but not limited to, the approval
of plans for the construction of buildings or structures and the
issuance or revocation of building permits or stop work orders in
connection with buildings or structures; (q) Urban renewal projects and the elimination of slum
conditions; (r) Flood control measures; (s) The design, construction, reconstruction, renovation,
operation, care, repair, and maintenance of a township cemetery; (t) The issuance of revenue obligations under section
140.06
of the Revised Code; (u) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of any
school athletic
facility, school auditorium, or gymnasium or any
recreational area
or
facility, including, but not limited to, any of the following: (i) A park, playground,
or
playfield; (ii) An indoor recreational facility; (iii) A zoo
or zoological park; (iv) A
bath, swimming pool, pond, water park, wading pool,
wave pool,
water
slide,
or other type of
aquatic facility; (v) A golf course;
(vi) A bicycle motocross facility or other type of
recreational area or facility in which bicycling, skating, skate
boarding, or scooter riding is engaged; (vii) A rope course or climbing walls; (viii) An all-purpose vehicle facility in which all-purpose
vehicles, as defined in section 4519.01 of the Revised Code, are
contained, maintained, or operated for recreational activities. (v) The provision of public defender services by a county
or
joint county public defender's office pursuant to Chapter 120.
of
the Revised Code; (w)(i) At any time before regulations prescribed pursuant
to
49 U.S.C.A 20153 become effective, the designation,
establishment,
design, construction, implementation, operation,
repair, or
maintenance of a public road rail crossing in a zone
within a
municipal corporation in which, by ordinance, the
legislative
authority of the municipal corporation regulates the
sounding of
locomotive horns, whistles, or bells;
(ii) On and after the effective date of regulations
prescribed pursuant to 49 U.S.C.A. 20153, the designation,
establishment, design, construction, implementation, operation,
repair, or maintenance of a public road rail crossing in such a
zone or of a supplementary safety measure, as defined in 49
U.S.C.A 20153, at or for a public road rail crossing, if and to
the extent that the public road rail crossing is excepted,
pursuant to subsection (c) of that section, from the requirement
of the regulations prescribed under subsection (b) of that
section.
(x)
A function that the general assembly mandates a
political
subdivision to perform. (D)
"Law" means any provision of the constitution,
statutes,
or rules of the United States or of this state;
provisions of
charters, ordinances, resolutions, and rules of
political
subdivisions; and written policies adopted by boards of
education.
When used in connection with the
"common law," this
definition
does not apply. (E)
"Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code. (F)
"Political subdivision" or
"subdivision" means a
municipal corporation, township, county, school district, or
other
body corporate and politic responsible for governmental
activities
in a geographic area smaller than that of the state.
"Political
subdivision" includes, but is not limited to, a county
hospital
commission appointed under section 339.14 of the Revised
Code,
board of hospital commissioners appointed for a municipal hospital under section 749.04 of the Revised Code, board of hospital trustees appointed for a municipal hospital under section 749.22 of the Revised Code, regional planning commission created pursuant to section
713.21 of
the Revised Code, county planning commission created
pursuant to
section 713.22 of the Revised Code, joint planning
council created
pursuant to section 713.231 of the Revised Code,
interstate
regional planning commission created pursuant to
section 713.30 of
the Revised Code, port authority created
pursuant to section
4582.02 or 4582.26 of the Revised Code or in
existence on December
16, 1964, regional council established by
political subdivisions
pursuant to Chapter 167. of the Revised
Code, emergency planning
district and joint emergency planning
district designated under
section 3750.03 of the Revised Code,
joint emergency medical
services district created pursuant to section 307.052
of the
Revised Code, fire and ambulance district created pursuant to
section
505.375 of the Revised Code, joint interstate emergency
planning district
established
by an agreement entered into under
that section, county solid waste
management district and joint
solid waste management district
established under section 343.01
or 343.012 of the Revised Code, and
community school established
under Chapter 3314. of the Revised Code. (G)(1)
"Proprietary function" means a function of a
political
subdivision that is specified in division (G)(2) of
this
section
or that satisfies both of the following: (a) The function is not one described in division
(C)(1)(a)
or (b) of this section and is not one specified in
division (C)(2)
of this section; (b) The function is one that promotes or preserves the
public peace, health, safety, or welfare and that involves
activities that are customarily engaged in by nongovernmental
persons. (2) A
"proprietary function" includes, but is not limited
to, the following: (a) The operation of a hospital by one or more political
subdivisions; (b) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of a public cemetery other
than
a township cemetery; (c) The establishment, maintenance, and operation of a
utility, including, but not limited to, a light, gas, power, or
heat plant, a railroad, a busline or other transit company, an
airport, and a municipal corporation water supply system; (d) The maintenance, destruction, operation, and upkeep of
a
sewer system; (e) The operation and control of a public stadium,
auditorium, civic or social center, exhibition hall, arts and
crafts center, band or orchestra, or off-street parking facility. (H)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads" does not include berms, shoulders, rights-of-way,
or traffic control devices unless the traffic control devices are
mandated by the Ohio manual of uniform traffic control devices. (I) "State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, colleges and universities,
institutions, and other instrumentalities of the state of Ohio.
"State" does
not include political subdivisions.
Sec. 3702.62. (A) Any action pursuant to section 140.03, 140.04, 140.05,
307.091, 313.21, 339.01, 339.021, 339.03, 339.06, 339.08, 339.09,
339.12, 339.14,
513.05,
513.07, 513.08, 513.081, 513.12, 513.15, 513.17, 513.171, 749.02, 749.03, 749.14,
749.16, 749.20, 749.25, 749.28, 749.35, 1751.06, or
3707.29 of the Revised Code shall be taken in accordance with sections 3702.51
to 3702.61 of the Revised Code. (B) A nursing home certified as an intermediate care facility for the
mentally retarded under Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended, that is required to apply for licensure
as a residential facility under section 5123.19 of the Revised Code is not,
with respect to the portion of the home certified as an intermediate care
facility for the mentally retarded, subject to sections 3702.51 to 3702.61 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 director
of
commerce
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 director 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: (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; (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; (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 or a municipal hospital operated pursuant to Chapter 749. 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 a county,
a township, 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 state, a board of county
commissioners, the state,
a township, or a municipal corporation
from funds generated by
the levy of a tax; provided, however, that
a
county hospital or municipal 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, 133.05, 149.43, 721.15, 721.27,
737.03, 749.02, 749.03, 749.08, 749.10, 749.15, 749.18, 749.24, 749.33, 751.07, 2744.01, 3702.62, and 4115.04 of the Revised Code are hereby
repealed.
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