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(127th General Assembly)
(Amended Substitute Senate Bill Number 84)
AN ACT
To amend sections
305.09,
305.10, 305.11, and
5502.31 of the Revised Code to
allow
boards of
county commissioners to maintain meeting records
by
electronic
means and to
specify an
additional type of Emergency Management
Agency
for which a political subdivision may make
an
appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1.
That sections 305.09,
305.10,
305.11, and
5502.31 of the Revised Code be
amended to read as follows:
Sec. 305.09. All the proceedings of the board of county
commissioners shall
be public, at the office provided for the
board
in the county seat, or at another
location, as provided in
division (B) of section 305.06 or
division (B) of section 305.07
of the Revised Code,
and, as far as possible, shall be in
conformity with the rules of
parliamentary law.
If the clerk of the board maintains the full record of the
proceedings by electronic means, the chairperson of the board,
prior to
complying with section 305.11 of the
Revised Code,
shall announce that the record is being maintained
in such a
manner and, during the proceedings, shall ensure that
each person
self-identifies prior to speaking during the
proceedings.
Sec. 305.10. The (A) Except as otherwise provided in
division (B) of this section, the clerk of the board of county
commissioners shall keep a full written record of the proceedings
of the
board, and a written general index of such those
proceedings, entering each
motion with the name of the person
making it on the record. He The
clerk
shall call and record the
yeas and nays on each motion which
involves the levying of taxes
or appropriation or payment of
money. He The clerk shall state
fully and clearly in the record
any
question relating to the
powers and duties of the board which is
raised for its
consideration by any person having an interest
therein, together
with the decision on such question, and shall
call and record the
yeas and nays by which the decision is made.
When requested by a
party interested in the proceedings or by his a
party's
counsel,
the clerk shall record any legal proposition decided by
the board,
the decision thereon, and the votes by which the
decision is
reached. If either party, in person or by counsel,
except takes
exception to such decision, the clerk shall record the exceptions
with the record of the decision.
(B) A board of county commissioners may elect to maintain a
full record of its proceedings by electronic means, including, but
not limited to, those listed in section 9.01 of the Revised Code,
by adopting a resolution that directs the clerk to maintain a full
record of the proceedings by electronic means. The clerk also
shall maintain a general index of the electronic record in either
a written form or by electronic means, as determined by the board
in its resolution. The board's resolution also may authorize the
clerk to maintain a written summary of the record of the
proceedings, provided that the summary shall include a notation
that the full record of proceedings is maintained by electronic
means. If the electronic means malfunctions, the clerk shall
create the full written record of the proceedings as described in
division (A) of this section.
Sec. 305.11. Immediately upon the opening of each day's
session of the board
of county commissioners, the records of the
proceedings of the session of the
previous day shall be read, or
provided to each commissioner in written form, by the clerk of the
board and, if correct,
approved and signed by the commissioners.
In the alternative, if the clerk maintains the full record of the
proceedings by electronic means as authorized by division (B) of
section 305.10 of the Revised Code, the board shall orally approve
the electronic record of proceedings at the previous meeting after
the clerk certifies that the entire record of the proceedings at
that meeting is completely and accurately captured in the
electronic record of those proceedings. When the board is not in
session,
the record of proceedings shall be kept in the county
auditor's office or, if
the county has a full-time clerk, in the
county commissioners' office, open at
all proper times to public
inspection. It shall be certified by the president
and clerk of
the board and shall be received as evidence in every court in
the
state.
Sec. 5502.31. Each political subdivision may make
appropriations for the
payment of the expenses of its local
activities for emergency management and
for the payment of the
expenses incurred by an agency established pursuant to section
5502.271 of the Revised Code or chargeable to that political
subdivision by
agreement in any county wherein a countywide agency
or regional authority for
emergency management has been
established pursuant to section 5502.26 of the Revised Code or a
regional authority has been established pursuant to section
5502.27 of the Revised Code, respectively.
SECTION 2. That existing sections 305.09,
305.10,
305.11,
and 5502.31 of the Revised Code
are hereby repealed.
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