Sub.
S.B. 10
126th General Assembly
(H. Health)
Amendments adopted by the House committee make changes to several provisions of the bill. The amendments change the requirements for creating, joining, or terminating a county's membership in a multi-county mental retardation and developmental disabilities (MR/DD) board and make changes to board membership requirements, expenses, training, employment, and reporting of expenditures. The amendments also modify the role of the Ohio Ethics Commission in dealing with conflict of interest questions. With the amendments, the bill does the following:
Requires a board of county commissioners and a county's senior probate judge that propose to create, join, or terminate a county's membership in a multi-county MR/DD board, to do both of the following:
(1) Notify the county MR/DD board of the proposed action and provide a written explanation of the considerations underlying the proposed action;
(2) Provide the county MR/DD board an opportunity to comment on the proposed action.
If the county MR/DD board,
within 60 days after receiving the notice, votes to oppose the action and
notifies the board of county commissioners and the judge of the vote, the
action may be taken only if the board of county commissioners votes unanimously
and the judge issues an order to proceed with the action.
Specifies
that the Ohio Ethics Commission may
examine issues related to conflicts of interest of county MR/DD board members
and employees under the law governing the Commission.
Provides that if a county board has a policy allowing the employment of certain individuals who might otherwise be excluded under conflict of interest provisions, the policy must comply with Ohio's ethics laws.
Changes limitations on board membership by relatives of county board
members or employees to limitations on membership by "immediate family
members" as that term is defined in existing law (R.C. 5126.01(L)).
Modifies existing law to prohibit an individual who or whose immediate
family member is a board member or an employee of an agency licensed or
certified by the Department of MR/DD to provide MR/DD services from serving on
a county board. This provision applies
regardless of whether the agency contracts with the county board and regardless
of whether there is a conflict of interest.
Prohibits an individual from serving on a county board if the
individual or an immediate family member is a board member or an employee of an
agency contracting with the county board that is not licensed by the Department
to provide MR/DD services, unless there is no conflict of interest.
Provides that members of county boards are to be reimbursed for
necessary expenses incurred in the conduct of county board business, including
expenses incurred in the member's county of residence, provided that
reimbursement is made in accordance with established county board policies
regarding reimbursement for expenses.
Requires each county board member to attend at least four hours of in-service training annually.
Prohibits county boards from employing certain individuals who may have
a conflict of interest but provides that certain individuals may still be
employed if the county board passes a resolution or has a policy in place
allowing their employment despite a conflict of interest. A policy allowing the employment of such
individuals must comply with Ohio ethics law.
In addition to prohibiting a county from entering into a direct services contract with an employee of the county board unless the employee is not in management level two or three as in current law, provides that the employee also must not provide service and support administration, a type of service or support provided to certain individuals with MR/DD.
Modifies
a provision of the bill that requires a county board to submit a list of expenditures for membership dues,
professional services, and training by:
(1) Excluding legal services for collective bargaining and excluding from training services any expenses for tuition or professional growth programs for board members or employees;
(2) Changing the requirement of an itemized list of expenditures to a list of identifying total projected expenditures.
s0010-126.doc/ss 05/02/05