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To amend sections 118.023, 118.06, 120.53, 305.171, | 1 |
319.59, 329.01, 329.40, 329.41, 329.42, 329.43, | 2 |
329.44, 329.45, 329.46, 330.04, 723.52, 723.53, | 3 |
731.141, 735.05, 737.03, 749.26, 749.28, 749.31, | 4 |
753.15, 755.29, 755.30, 2907.27, 3316.04, 3316.06, | 5 |
3709.08, 3709.28, 3709.34, 3709.36, 4123.41, | 6 |
5101.01, 5705.392, and 6115.20, to enact section | 7 |
319.09, and to repeal section 3709.081 of the | 8 |
Revised Code to make changes to the laws governing | 9 |
local governments, to modify the requirements of | 10 |
arresting authorities and courts regarding | 11 |
venereal disease testing of individuals accused of | 12 |
certain offenses, to modify the manner in which | 13 |
funds are allocated from the Ohio Legal Aid Fund, | 14 |
and to expand the ability of counties to form | 15 |
joint county boards of job and family services. | 16 |
Section 1. That sections 118.023, 118.06, 120.53, 305.171, | 17 |
319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44, 329.45, | 18 |
329.46, 330.04, 723.52, 723.53, 731.141, 735.05, 737.03, 749.26, | 19 |
749.28, 749.31, 753.15, 755.29, 755.30, 2907.27, 3316.04, 3316.06, | 20 |
3709.08, 3709.28, 3709.34, 3709.36, 4123.41, 5101.01, 5705.392, | 21 |
and 6115.20 be amended and section 319.09 of the Revised Code be | 22 |
enacted to read as follows: | 23 |
Sec. 118.023. (A) Upon determining that one or more of the | 24 |
conditions described in section 118.022 of the Revised Code are | 25 |
present, the auditor of state shall issue a written declaration of | 26 |
the existence of a fiscal watch to the municipal corporation, | 27 |
county, or township and the county budget commission. The fiscal | 28 |
watch shall be in effect until the auditor of state determines | 29 |
that none of the conditions are any longer present and cancels the | 30 |
watch, or until the auditor of state determines that a state of | 31 |
fiscal emergency exists. The auditor of state, or a designee, | 32 |
shall provide such technical and support services to the municipal | 33 |
corporation, county, or township after a fiscal watch has been | 34 |
declared to exist as the auditor of state considers necessary. | 35 |
(B) Within one hundred twenty days after the day a written | 36 |
declaration of the existence of a fiscal watch is issued under | 37 |
division (A) of this section, the mayor of the municipal | 38 |
corporation, the board of county commissioners of the county, or | 39 |
the board of township trustees of the township for which a fiscal | 40 |
watch was declared shall submit to the auditor of state a | 41 |
financial recovery plan that shall identify actions to be taken, | 42 |
including entering into shared services agreements with other | 43 |
political subdivisions for the joint exercise of any power, | 44 |
performance of any function, or rendering of any service, if so | 45 |
authorized by statute, to eliminate all of the conditions | 46 |
described in section 118.022 of the Revised Code, and shall | 47 |
include a schedule detailing the approximate dates for beginning | 48 |
and completing the actions | 49 |
reflecting the effects of the actions. The financial recovery plan | 50 |
is subject to review and approval by the auditor of state. The | 51 |
auditor of state may extend the amount of time by which a | 52 |
financial recovery plan is required to be filed, for good cause | 53 |
shown. | 54 |
(C) If a feasible financial recovery plan for a municipal | 55 |
corporation, county, or township for which a fiscal watch was | 56 |
declared is not submitted within the time period prescribed by | 57 |
division (B) of this section, or within any extension of time | 58 |
thereof, the auditor of state shall declare that a fiscal | 59 |
emergency condition exists under section 118.04 of the Revised | 60 |
Code in the municipal corporation, county, or township. | 61 |
Sec. 118.06. (A) Within one hundred twenty days after the | 62 |
first meeting of the commission, the mayor of the municipal | 63 |
corporation or the board of county commissioners or board of | 64 |
township trustees shall submit to the commission a detailed | 65 |
financial plan, as approved or amended and approved by ordinance | 66 |
or resolution of the legislative authority, containing the | 67 |
following: | 68 |
(1) Actions to be taken by the municipal corporation, county, | 69 |
or township to: | 70 |
(a) Eliminate all fiscal emergency conditions determined to | 71 |
exist pursuant to section 118.04 of the Revised Code; | 72 |
(b) Satisfy any judgments, past due accounts payable, and all | 73 |
past due and payable payroll and fringe benefits; | 74 |
(c) Eliminate the deficits in all deficit funds; | 75 |
(d) Restore to construction funds and other special funds | 76 |
moneys from such funds that were used for purposes not within the | 77 |
purposes of such funds, or borrowed from such construction funds | 78 |
by the purchase of debt obligations of the municipal corporation, | 79 |
county, or township with the moneys of such funds, or missing from | 80 |
the construction funds or such special funds and not accounted | 81 |
for; | 82 |
(e) Balance the budgets, avoid future deficits in any funds, | 83 |
and maintain current payments of payroll, fringe benefits, and all | 84 |
accounts; | 85 |
(f) Avoid any fiscal emergency condition in the future; | 86 |
(g) Restore the ability of the municipal corporation, county, | 87 |
or township to market long-term general obligation bonds under | 88 |
provisions of law applicable to municipal corporations, counties, | 89 |
or townships generally; | 90 |
(h) Enter into shared services agreements with other | 91 |
political subdivisions for the joint exercise of any power, | 92 |
performance of any function, or rendering of any service, if so | 93 |
authorized by statute. | 94 |
(2) The legal authorities permitting the municipal | 95 |
corporation, county, or township to take the actions enumerated | 96 |
pursuant to division (A)(1) of this section; | 97 |
(3) The approximate dates of the commencement, progress upon, | 98 |
and completion of the actions enumerated pursuant to division | 99 |
(A)(1) of this section, a five-year forecast reflecting the | 100 |
effects of those actions, and a reasonable period of time expected | 101 |
to be required to implement the plan. The municipal corporation, | 102 |
county, or township, in consultation with the commission and the | 103 |
financial supervisor, shall prepare a reasonable time schedule for | 104 |
progress toward and achievement of the requirements for the | 105 |
financial plan and the financial plan shall be consistent with | 106 |
that time schedule. | 107 |
(4) The amount and purpose of any issue of debt obligations | 108 |
that will be issued, together with assurances that any such debt | 109 |
obligations that will be issued will not exceed debt limits | 110 |
supported by appropriate certifications by the fiscal officer of | 111 |
the municipal corporation, county, or township and the county | 112 |
auditor; | 113 |
(5) Assurances that the municipal corporation, county, or | 114 |
township will establish monthly levels of expenditures and | 115 |
encumbrances pursuant to division (B)(2) of section 118.07 of the | 116 |
Revised Code; | 117 |
(6) Assurances that the municipal corporation, county, or | 118 |
township will conform to statutes with respect to tax budgets and | 119 |
appropriation measures; | 120 |
(7) The detail, the form, and the supporting information that | 121 |
the commission may direct. | 122 |
(B) The financial plan developed pursuant to division (A) of | 123 |
this section shall be filed with the financial supervisor and the | 124 |
financial planning and supervision commission and shall be updated | 125 |
annually. After consultation with the financial supervisor, the | 126 |
commission shall either approve or reject any initial or | 127 |
subsequent financial plan. If the commission rejects the initial | 128 |
or any subsequent financial plan, it shall forthwith inform the | 129 |
mayor and legislative authority of the municipal corporation or | 130 |
the board of county commissioners or board of township trustees of | 131 |
the reasons for its rejection. Within thirty days after the | 132 |
rejection of any plan, the mayor with the approval of the | 133 |
legislative authority by the passage of an ordinance or | 134 |
resolution, or the board of county commissioners or board of | 135 |
township trustees, shall submit another plan meeting the | 136 |
requirements of divisions (A)(1) to (7) of this section, to the | 137 |
commission and the financial supervisor for approval or rejection | 138 |
by the commission. | 139 |
(C) Any initial or subsequent financial plan passed by the | 140 |
municipal corporation, county, or township shall be approved by | 141 |
the commission if it complies with divisions (A)(1) to (7) of this | 142 |
section, and if the commission finds that the plan is bona fide | 143 |
and can reasonably be expected to be implemented within the period | 144 |
specified in the plan. | 145 |
(D) Any financial plan may be amended subsequent to its | 146 |
adoption in the same manner as the passage and approval of the | 147 |
initial or subsequent plan pursuant to divisions (A) to (C) of | 148 |
this section. | 149 |
(E) If a municipal corporation, county, or township fails to | 150 |
submit a financial plan as required by this section, or fails to | 151 |
substantially comply with an approved financial plan, upon | 152 |
certification of the commission, all state funding for that | 153 |
municipal corporation, county, or township other than benefit | 154 |
assistance to individuals shall be escrowed until a feasible plan | 155 |
is submitted and approved or substantial compliance with the plan | 156 |
is achieved, as the case may be. | 157 |
Sec. 120.53. (A) A legal aid society that operates within | 158 |
the state may apply to the Ohio legal assistance foundation for | 159 |
financial assistance from the legal aid fund established by | 160 |
section 120.52 of the Revised Code to be used for the funding of | 161 |
the society during the calendar year following the calendar year | 162 |
in which application is made. | 163 |
(B) An application for financial assistance made under | 164 |
division (A) of this section shall be submitted by the first day | 165 |
of November of the calendar year preceding the calendar year for | 166 |
which financial assistance is desired and shall include all of the | 167 |
following: | 168 |
(1) Evidence that the applicant is incorporated in this state | 169 |
as a nonprofit corporation; | 170 |
(2) A list of the trustees of the applicant; | 171 |
(3) The proposed budget of the applicant for these funds for | 172 |
the following calendar year; | 173 |
(4) A summary of the services to be offered by the applicant | 174 |
in the following calendar year; | 175 |
(5) A specific description of the territory or constituency | 176 |
served by the applicant; | 177 |
(6) An estimate of the number of persons to be served by the | 178 |
applicant during the following calendar year; | 179 |
(7) A general description of the additional sources of the | 180 |
applicant's funding; | 181 |
(8) The amount of the applicant's total budget for the | 182 |
calendar year in which the application is filed that it will | 183 |
expend in that calendar year for legal services in each of the | 184 |
counties it serves; | 185 |
(9) A specific description of any services, programs, | 186 |
training, and legal technical assistance to be delivered by the | 187 |
applicant or by another person pursuant to a contract with the | 188 |
applicant, including, but not limited to, by private attorneys or | 189 |
through reduced fee plans, judicare panels, organized pro bono | 190 |
programs, and mediation programs. | 191 |
(C) The Ohio legal assistance foundation shall determine | 192 |
whether each applicant that filed an application for financial | 193 |
assistance under division (A) of this section in a calendar year | 194 |
is eligible for financial assistance under this section. To be | 195 |
eligible for such financial assistance, an applicant shall satisfy | 196 |
the criteria for being a legal aid society and shall be in | 197 |
compliance with the provisions of sections 120.51 to 120.55 of the | 198 |
Revised Code and with the rules and requirements the foundation | 199 |
establishes pursuant to section 120.52 of the Revised Code. The | 200 |
Ohio legal assistance foundation then, on or before the fifteenth | 201 |
day of December of the calendar year in which the application is | 202 |
filed, shall notify each such applicant, in writing, whether it is | 203 |
eligible for financial assistance under this section, and if it is | 204 |
eligible, estimate the amount that will be available for that | 205 |
applicant for each six-month distribution period, as determined | 206 |
under division (D) of this section. | 207 |
(D) The Ohio legal assistance foundation shall allocate | 208 |
moneys contained in the legal aid fund monthly for distribution to | 209 |
applicants that filed their applications in the previous calendar | 210 |
year and are determined to be eligible applicants. | 211 |
All moneys contained in the fund on the first day of each | 212 |
month shall be allocated, after deduction of the costs of | 213 |
administering sections 120.51 to 120.55 and sections 1901.26, | 214 |
1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the Revised | 215 |
Code that are authorized by section 120.52 of the Revised Code, | 216 |
according to this section and shall be distributed accordingly not | 217 |
later than the last day of the month following the month the | 218 |
moneys were received. In making the allocations under this | 219 |
section, the moneys in the fund that were generated pursuant to | 220 |
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 221 |
4705.10 of the Revised Code shall be apportioned as follows: | 222 |
(1) After deduction of the amount authorized and used for | 223 |
actual, reasonable administrative costs under section 120.52 of | 224 |
the Revised Code: | 225 |
(a) Five per cent of the moneys remaining in the fund shall | 226 |
be reserved for use in the manner described in division (A) of | 227 |
section 120.521 of the Revised Code or for distribution to legal | 228 |
aid societies that provide assistance to special population groups | 229 |
of their eligible clients, engage in special projects that have a | 230 |
substantial impact on their local service area or on significant | 231 |
segments of the state's poverty population, or provide legal | 232 |
training or support to other legal aid societies in the state; | 233 |
(b) After deduction of the amount described in division | 234 |
(D)(1)(a) of this section, one and three-quarters per cent of the | 235 |
moneys remaining in the fund shall be apportioned among entities | 236 |
that received financial assistance from the legal aid fund prior | 237 |
to | 238 |
and after
| 239 |
longer qualify as a legal aid society that is eligible for | 240 |
financial assistance under this section. | 241 |
(c) After deduction of the amounts described in divisions | 242 |
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 243 |
remaining in the fund shall be placed in the legal assistance | 244 |
foundation fund for use in the manner described in division (A) of | 245 |
section 120.521 of the Revised Code. | 246 |
(2) After deduction of the actual, reasonable administrative | 247 |
costs under section 120.52 of the Revised Code and after deduction | 248 |
of the amounts identified in divisions (D)(1)(a), (b), and (c) of | 249 |
this section, the remaining moneys shall be apportioned among the | 250 |
counties that are served by eligible legal aid societies that have | 251 |
applied for financial assistance under this section so that each | 252 |
such county is apportioned a portion of those moneys, based upon | 253 |
the ratio of the number of indigents who reside in that county to | 254 |
the total number of indigents who reside in all counties of this | 255 |
state that are served by eligible legal aid societies that have | 256 |
applied for financial assistance under this section. Subject to | 257 |
division (E) of this section, the moneys apportioned to a county | 258 |
under this division then shall be allocated to the eligible legal | 259 |
aid society that serves the county and that has applied for | 260 |
financial assistance under this section. For purposes of this | 261 |
division, the source of data identifying the number of indigent | 262 |
persons who reside in a county shall be | 263 |
264 | |
best available figures | 265 |
266 |
(E) If the Ohio legal assistance foundation, in attempting to | 267 |
make an allocation of moneys under division (D)(2) of this | 268 |
section, determines that a county that has been apportioned money | 269 |
under that division is served by more than one eligible legal aid | 270 |
society that has applied for financial assistance under this | 271 |
section, the Ohio legal assistance foundation shall allocate the | 272 |
moneys that have been apportioned to that county under division | 273 |
(D)(2) of this section among all eligible legal aid societies that | 274 |
serve that county and that have applied for financial assistance | 275 |
under this section on a pro rata basis, so that each such eligible | 276 |
society is allocated a portion based upon the amount of its total | 277 |
budget expended in the prior calendar year for legal services in | 278 |
that county as compared to the total amount expended in the prior | 279 |
calendar year for legal services in that county by all eligible | 280 |
legal aid societies that serve that county and that have applied | 281 |
for financial assistance under this section. | 282 |
(F) Moneys allocated to eligible applicants under this | 283 |
section shall be paid monthly beginning the calendar year | 284 |
following the calendar year in which the application is filed. | 285 |
(G)(1) A legal aid society that receives financial assistance | 286 |
in any calendar year under this section shall file an annual | 287 |
report with the Ohio legal assistance foundation detailing the | 288 |
number and types of cases handled, and the amount and types of | 289 |
legal training, legal technical assistance, and other service | 290 |
provided, by means of that financial assistance. No information | 291 |
contained in the report shall identify or enable the | 292 |
identification of any person served by the legal aid society or in | 293 |
any way breach client confidentiality. | 294 |
(2) The Ohio legal assistance foundation shall make an annual | 295 |
report to the governor, the general assembly, and the supreme | 296 |
court on the distribution and use of the legal aid fund. The | 297 |
foundation also shall include in the annual report an audited | 298 |
financial statement of all gifts, bequests, donations, | 299 |
contributions, and other moneys the foundation receives. No | 300 |
information contained in the report shall identify or enable the | 301 |
identification of any person served by a legal aid society, or in | 302 |
any way breach confidentiality. | 303 |
(H) A legal aid society may enter into agreements for the | 304 |
provision of services, programs, training, or legal technical | 305 |
assistance for the legal aid society or to indigent persons. | 306 |
Sec. 305.171. | 307 |
308 | |
309 | |
310 | |
311 | |
312 |
(A) The board of county commissioners of any county may | 313 |
contract for, purchase, or otherwise procure and pay all or any | 314 |
part of the cost of any of the following insurance, coverage, or | 315 |
benefits issued by an insurance company or administered by a board | 316 |
of county commissioners or a contractor, for county officers and | 317 |
employees and their immediate dependents from the funds or budgets | 318 |
from which the county officers or employees are compensated for | 319 |
services: | 320 |
(1) Group insurance policies that may provide any of the | 321 |
following: | 322 |
(a) Benefits including, but not limited to, hospitalization, | 323 |
surgical care, major medical care, disability, dental care, eye | 324 |
care, medical care, hearing aids, or prescription drugs; | 325 |
(b) Sickness and accident insurance; | 326 |
(c) Group legal services; | 327 |
(d) Group life insurance. | 328 |
(2) Any other qualified benefit available under section 125 | 329 |
of the "Internal Revenue Code of 1986," 26 U.S.C. 125; | 330 |
(3) A health and wellness benefit program through which the | 331 |
county provides a benefit or incentive to county officers, | 332 |
employees, and their immediate dependents to maintain a healthy | 333 |
lifestyle, including, but not limited to, programs to encourage | 334 |
healthy eating and nutrition, exercise and physical activity, | 335 |
weight control or the elimination of obesity, and cessation of | 336 |
smoking or alcohol use. | 337 |
(4) Any combination of any of the foregoing types of | 338 |
insurance, coverage, or benefits. | 339 |
(B) The board of county commissioners also may negotiate and | 340 |
contract for any plan or plans of health care services with health | 341 |
insuring corporations holding a certificate of authority under | 342 |
Chapter 1751. of the Revised Code, provided that each county | 343 |
officer or employee shall be permitted to do both of the | 344 |
following: | 345 |
(1) Exercise an option between a plan offered by an insurance | 346 |
company and a plan or plans offered by health insuring | 347 |
corporations under this division, on the condition that the county | 348 |
officer or employee shall pay any amount by which the cost of the | 349 |
plan chosen by the county officer or employee pursuant to this | 350 |
division exceeds the cost of the plan offered under division (A) | 351 |
of this section; | 352 |
(2) Change from one of the plans to another at a time each | 353 |
year as determined by the board. | 354 |
(C) Section 307.86 of the Revised Code does not apply to the | 355 |
purchase of benefits for county officers or employees under | 356 |
divisions (A) and (B) of this section when those benefits are | 357 |
provided through a jointly administered health and welfare trust | 358 |
fund in which the county or contracting authority and a collective | 359 |
bargaining representative of the county employees or contracting | 360 |
authority agree to participate. | 361 |
(D) The board of trustees of a jointly administered trust | 362 |
fund that receives contributions pursuant to collective bargaining | 363 |
agreements entered into between the board of county commissioners | 364 |
of any county and a collective bargaining representative of the | 365 |
employees of the county may provide for self-insurance of all risk | 366 |
in the provision of fringe benefits, and may provide through the | 367 |
self-insurance method specific fringe benefits as authorized by | 368 |
the rules of the board of trustees of the jointly administered | 369 |
trust fund. The fringe benefits may include, but are not limited | 370 |
to, hospitalization, surgical care, major medical care, | 371 |
disability, dental care, vision care, medical care, hearing aids, | 372 |
prescription drugs, group life insurance, sickness and accident | 373 |
insurance, group legal services, or a combination of any of the | 374 |
foregoing types of insurance or coverage, for county employees and | 375 |
their dependents. | 376 |
(E) The board of county commissioners may provide the | 377 |
benefits described in divisions (A) to (D) of this section through | 378 |
an individual self-insurance program or a joint self-insurance | 379 |
program as provided in section 9.833 of the Revised Code. | 380 |
(F) When a board of county commissioners offers benefits | 381 |
authorized under this section to a county officer or employee, the | 382 |
board may offer the benefits through a cafeteria plan meeting the | 383 |
requirements of section 125 of the "Internal Revenue Code of | 384 |
1986," 100 Stat. 2085, 26 U.S.C.A. 125, as amended, and, as part | 385 |
of that plan, may offer the county officer or employee the option | 386 |
of receiving a cash payment in any form permissible under such | 387 |
cafeteria plans. A cash payment made to a county officer or | 388 |
employee under this division shall not exceed twenty-five per cent | 389 |
of the cost of premiums or payments that otherwise would be paid | 390 |
by the board for benefits for the county officer or employee under | 391 |
a policy or plan. | 392 |
(G) The board of county commissioners may establish a policy | 393 |
authorizing any county appointing authority to make a cash payment | 394 |
to any county officer or employee in lieu of providing a benefit | 395 |
authorized under this section if the county officer or employee | 396 |
elects to take the cash payment instead of the offered benefit. A | 397 |
cash payment made to a county officer or employee under this | 398 |
division shall not exceed twenty-five per cent of the cost of | 399 |
premiums or payments that otherwise would be paid by the board for | 400 |
benefits for the county officer or employee under an offered | 401 |
policy or plan. | 402 |
(H) No cash payment in lieu of a health benefit shall be made | 403 |
to a county officer or employee under division (F) or (G) of this | 404 |
section unless the county officer or employee signs a statement | 405 |
affirming that the county officer or employee is covered under | 406 |
another health insurance or health care policy, contract, or plan, | 407 |
and setting forth the name of the employer, if any, that sponsors | 408 |
the coverage, the name of the carrier that provides the coverage, | 409 |
and the identifying number of the policy, contract, or plan. | 410 |
(I) The legislative authority of a county-operated municipal | 411 |
court, after consultation with the judges, or the clerk and deputy | 412 |
clerks, of the municipal court, shall negotiate and contract for, | 413 |
purchase, or otherwise procure, and pay the costs, premiums, or | 414 |
charges for, group health care coverage for the judges, and group | 415 |
health care coverage for the clerk and deputy clerks, in | 416 |
accordance with section 1901.111 or 1901.312 of the Revised Code. | 417 |
(J) As used in this section: | 418 |
(1) "County officer or employee" includes, but is not limited | 419 |
to, a member or employee of the county board of elections. | 420 |
(2) "County-operated municipal court" and "legislative | 421 |
authority" have the same meanings as in section 1901.03 of the | 422 |
Revised Code. | 423 |
(3) "Health care coverage" has the same meaning as in section | 424 |
1901.111 of the Revised Code. | 425 |
Sec. 319.09. The county auditor, if authorized by a | 426 |
resolution of the board of county commissioners, may serve as the | 427 |
fiscal officer of any department, office, or agency of the county. | 428 |
Sec. 319.59. (A)(1) Each county sealer of weights and | 429 |
measures shall appoint, by writing under | 430 |
hand and seal, one or more inspectors, who shall compare weights | 431 |
and measures | 432 |
use within
| 433 |
the office of the county sealer for that purpose, with the copies | 434 |
of the standards in the possession of the county sealer. | 435 |
436 | |
or inspectors appointed under this division with another county | 437 |
sealer, provided that the inspector remains a part-time employee | 438 |
of each county by whom the inspector is employed. If the inspector | 439 |
becomes a full-time employee of one county, the inspector's | 440 |
employment with the other county shall be terminated. | 441 |
(2) In lieu of appointing or sharing inspectors under | 442 |
division (A)(1) of this section, the county sealer may enter into | 443 |
a contract with a private person to employ the person to perform | 444 |
the same services that an inspector appointed under this section | 445 |
would perform. Each person employed under this division shall meet | 446 |
the training and continuing education requirements established for | 447 |
weights and measures inspector personnel by the director of | 448 |
agriculture under Chapter 1327. of the Revised Code and under | 449 |
rules promulgated thereunder. | 450 |
(B) Inspectors appointed under division (A)(1) of this | 451 |
section shall receive a salary fixed by the county sealer and | 452 |
private persons employed under division (A)(2) of this section | 453 |
shall receive the compensation specified in the contract, to be | 454 |
paid by the county, which shall be instead of all fees or charges | 455 |
otherwise allowed by law. Such inspectors and private persons | 456 |
shall also be employed by the county sealer to assist in the | 457 |
prosecution of all violations of law relating to weights and | 458 |
measures. | 459 |
Sec. 329.01. In each county, except as provided in section | 460 |
329.40 of the Revised Code, there shall be a county department of | 461 |
job and family services which, when so established, shall be | 462 |
governed by this chapter. The department shall consist of a county | 463 |
director of job and family services appointed by the board of | 464 |
county commissioners, and such assistants and other employees as | 465 |
are necessary for the efficient performance of the functions of | 466 |
the county department. Before entering upon the discharge of the | 467 |
director's official duties, the director shall give a bond, | 468 |
conditioned for the faithful performance of those official duties, | 469 |
in such sum as fixed by the board. The director may require any | 470 |
assistant or employee under the director's jurisdiction to give a | 471 |
bond in such sum as determined by the board. All bonds given under | 472 |
this section shall be with a surety or bonding company authorized | 473 |
to do business in this state, conditioned for the faithful | 474 |
performance of the duties of such director, assistant, or | 475 |
employee. The expense or premium for any bond required by this | 476 |
section shall be paid from the appropriation for administrative | 477 |
expenses of the department. Such bond shall be deposited with the | 478 |
county treasurer and kept in the treasurer's office. | 479 |
As used in the Revised Code: | 480 |
(A) "County department of job and family services" means the | 481 |
county department of job and family services established under | 482 |
this section, including an entity designated a county department | 483 |
of job and family services under section 307.981 of the Revised | 484 |
Code, or | 485 |
established under section 329.40 of the Revised Code. | 486 |
(B) "County director of job and family services" means the | 487 |
county director of job and family services appointed under this | 488 |
section or under section 329.41 of the Revised Code. | 489 |
Sec. 329.40. (A)(1) The boards of county commissioners of | 490 |
491 | |
entering into a written agreement, may form a joint county | 492 |
department of job and family services to perform the duties, | 493 |
provide the services, and operate the programs required under this | 494 |
chapter. | 495 |
496 | |
ratified by resolution of the board of county commissioners of | 497 |
each county that entered into the agreement. Each board of county | 498 |
commissioners that enters into | 499 |
of the agreement to the Ohio department of job and family services | 500 |
at least ninety days before the agreement's effective date. The | 501 |
agreement shall take effect not earlier than the first day of the | 502 |
calendar quarter following the ninety-day notice period. The | 503 |
director of job and family services shall adopt, as an internal | 504 |
management rule under section 111.15 of the Revised Code, the form | 505 |
in which the notice shall be given. | 506 |
(2) The boards of county commissioners of the counties | 507 |
forming | 508 |
collectively, the board of directors of the joint county | 509 |
department of job and family services. On the effective date of | 510 |
the agreement, the board of directors shall take control of and | 511 |
manage the joint county department subject to this chapter and all | 512 |
other sections of the Revised Code that govern the authority and | 513 |
responsibilities of a single board of county commissioners in the | 514 |
operation of a single county department of job and family | 515 |
services. | 516 |
(B)(1) | 517 |
department shall specify all of the following: | 518 |
(a) The obligations of each board of county commissioners in | 519 |
operating the joint county department, including requiring each | 520 |
board to provide state, federal, and county funds to the operation | 521 |
of the joint county department and the schedule for provision of | 522 |
those funds; | 523 |
(b) How and which facilities, equipment, and personnel will | 524 |
be shared; | 525 |
(c) Procedures for the division of resources and obligations | 526 |
527 | |
county department | 528 |
(d) Any contributions of participating counties establishing | 529 |
the joint county department and the rights of those counties in | 530 |
lands or personal property, or rights or interests therein, | 531 |
contributed to or otherwise acquired by the joint county | 532 |
department. | 533 |
(2) | 534 |
department may set forth any or all of the following: | 535 |
(a) Quality, timeliness, and other standards to be met by | 536 |
each county; | 537 |
(b) Which family service programs and functions are to be | 538 |
included in the joint county department; | 539 |
(c) Procedures for the operation of the board of directors, | 540 |
including procedures governing the frequency of meetings and the | 541 |
number of members of the board required to constitute a quorum to | 542 |
take action; | 543 |
(d) Any other procedures or standards necessary for the joint | 544 |
county department to perform its duties and operate efficiently. | 545 |
(C) | 546 |
board of directors of the joint county department, but no | 547 |
amendment shall divest a participating county of any right or | 548 |
interest in lands or personal property without its consent. | 549 |
(D) Costs incurred in operating | 550 |
shall be paid from a joint general fund created by the board of | 551 |
directors, except as may be otherwise provided in the agreement. | 552 |
Sec. 329.41. (A) The board of directors of | 553 |
county department of job and family services formed under section | 554 |
329.40 of the Revised Code shall appoint and fix the compensation | 555 |
of | 556 |
the pleasure of the board of directors. Under the direction and | 557 |
control of the board, the director shall have full charge of the | 558 |
department as set forth in section 329.02 of the Revised Code for | 559 |
the director of a single county department of job and family | 560 |
services. | 561 |
(B) The board of directors may appoint up to three | 562 |
administrators to oversee services provided by the joint county | 563 |
department. Administrators shall be in the unclassified service. | 564 |
(C) Employees of | 565 |
family services shall be appointed by the director of the joint | 566 |
county department and, except as provided in this section, shall | 567 |
be in the classified service. The employees of | 568 |
department shall be considered county employees for the purposes | 569 |
of Chapter 124. of the Revised Code and other provisions of state | 570 |
law applicable to county employees. Instead of or in addition to | 571 |
appointing these employees, | 572 |
use the employees of one or more of the counties that formed | 573 |
joint county department in the service of the joint county | 574 |
department and to share in their compensation in any manner that | 575 |
may be agreed upon. | 576 |
(D) Notwithstanding any other section of the Revised Code, if | 577 |
an employee's separation from county service occurs in connection | 578 |
with a county joining or withdrawing from | 579 |
department of job and family services, the board of county | 580 |
commissioners that initially appointed the employee shall have no | 581 |
obligation to pay any compensation with respect to unused vacation | 582 |
or sick leave accrued to the credit of the employee if the | 583 |
employee accepts employment with the joint county department or a | 584 |
withdrawing county. At the effective time of separation from | 585 |
county service, the joint county department or the withdrawing | 586 |
county, as the case may be, shall assume such unused vacation and | 587 |
sick leave accrued to the employee's credit. | 588 |
Sec. 329.42. The county auditor of the county with the | 589 |
largest population that formed | 590 |
job and family services under section 329.40 of the Revised Code | 591 |
shall serve as the fiscal officer of the joint county department, | 592 |
and the county treasurer of that county shall serve as the | 593 |
treasurer of the joint county department, unless the counties that | 594 |
formed the joint county department agree to appoint the county | 595 |
auditor and county treasurer of another county that formed the | 596 |
department. In either case, these county officers shall perform | 597 |
any applicable duties for the joint county department as each | 598 |
typically performs for the county of which the individual is an | 599 |
officer. The board of directors of the joint county department may | 600 |
pay to that county any amount agreed upon by the board of | 601 |
directors and the board of county commissioners of that county to | 602 |
reimburse the county for the costs that are properly allocable to | 603 |
the service of its officers as fiscal officer and treasurer of the | 604 |
joint county department. | 605 |
Sec. 329.43. (A) The prosecuting attorney of the county with | 606 |
the largest population that formed | 607 |
of job and family services under section 329.40 of the Revised | 608 |
Code shall serve as the legal advisor of the board of directors of | 609 |
the joint county department, unless the counties that formed the | 610 |
joint county department agree to appoint the prosecuting attorney | 611 |
of another county that formed the joint county department as legal | 612 |
advisor of the board. The board of directors may pay to the county | 613 |
of the prosecuting attorney who is the legal advisor of the board | 614 |
any amount agreed upon by the board of directors and the board of | 615 |
county commissioners of that county to reimburse that county for | 616 |
the costs that are properly allocable to the service of its | 617 |
prosecuting attorney as the legal advisor of the board of | 618 |
directors. | 619 |
(B) The prosecuting attorney shall provide such services to | 620 |
the board of directors as are required or authorized to be | 621 |
provided to other county boards under Chapter 309. of the Revised | 622 |
Code. | 623 |
(C)(1) If the board of directors of | 624 |
department wishes to employ other legal counsel on an annual basis | 625 |
to serve as the board's legal advisor in place of the prosecuting | 626 |
attorney, the board may do so with the agreement of the | 627 |
prosecuting attorney. If the prosecuting attorney does not agree, | 628 |
the board of directors may apply to the court of common pleas of | 629 |
the county with the largest population that formed the joint | 630 |
county department for authority to employ other legal counsel on | 631 |
an annual basis. | 632 |
(2) If the board of directors of | 633 |
department wishes to employ other legal counsel to represent or | 634 |
advise the board on a particular matter in place of the | 635 |
prosecuting attorney, the board may do so with the agreement of | 636 |
the prosecuting attorney. If the prosecuting attorney does not | 637 |
agree, the board of directors may apply to the court of common | 638 |
pleas of the county with the largest population that formed the | 639 |
joint county department for authority to employ other legal | 640 |
counsel for that particular matter. | 641 |
(3) The prosecuting attorney who is the legal advisor of the | 642 |
board of directors shall be given notice of an application filed | 643 |
under division (C)(1) or (2) of this section and shall be afforded | 644 |
an opportunity to be heard. After the hearing, the court may | 645 |
authorize the board of directors to employ other legal counsel on | 646 |
an annual basis or for a particular matter only if it finds that | 647 |
the prosecuting attorney refuses or is unable to provide the legal | 648 |
services that the board requires. If the board of directors | 649 |
employs other legal counsel on an annual basis or for a particular | 650 |
matter, the board may not require the prosecuting attorney to | 651 |
provide legal advice, opinions, or other legal services during the | 652 |
period or to the extent that the board employs the other legal | 653 |
counsel. | 654 |
Sec. 329.44. (A) | 655 |
county department of job and family services formed under section | 656 |
329.40 of the Revised Code may acquire, by purchase or lease, real | 657 |
property, equipment, and systems to improve, maintain, or operate | 658 |
family service programs within the territory served by the joint | 659 |
county department. A board of county commissioners may acquire, | 660 |
within its county, real property or any estate, interest, or right | 661 |
therein, by appropriation or any other method, for use by the | 662 |
joint county department in connection with its provision of | 663 |
services. Appropriation proceedings shall be conducted in | 664 |
accordance with Chapter 163. of the Revised Code. | 665 |
(B) A board of county commissioners that formed | 666 |
county department may contribute lands or rights or interests | 667 |
therein, money, other personal property or rights or interests | 668 |
therein, or services to the joint county department. The board of | 669 |
county commissioners may issue bonds or bond anticipation notes of | 670 |
the county to pay the cost of acquiring real property and of | 671 |
constructing, modifying, or upgrading a facility to house | 672 |
employees of the joint county department. The board of directors | 673 |
of | 674 |
use of such a facility if it is required to do so under the | 675 |
agreement entered into under section 329.40 of the Revised Code. | 676 |
Sec. 329.45. (A)(1) A board of county commissioners that has | 677 |
entered into an agreement under section 329.40 of the Revised Code | 678 |
establishing a joint county department of job and family services | 679 |
may | 680 |
agreement
| 681 |
682 | |
Upon adopting such a resolution, the board of county commissioners | 683 |
shall deliver a copy of the resolution to the board of directors | 684 |
of the joint county department. Upon receiving the resolution, the | 685 |
board of directors shall deliver written notice of the requested | 686 |
withdrawal to the boards of county commissioners of the other | 687 |
county or counties that formed the joint county department. | 688 |
Not later than thirty days after receiving the notice, each of | 689 |
those boards of county commissioners shall adopt a resolution | 690 |
either accepting the withdrawal or objecting to the withdrawal, | 691 |
and shall deliver a copy of the resolution to the board of | 692 |
directors. | 693 |
(2) If any of the boards of county commissioners that formed | 694 |
695 | |
requested withdrawal, the board of directors shall deliver written | 696 |
notice of the objection to each other board of county | 697 |
commissioners of the counties that formed the joint county | 698 |
department, including the board of county commissioners of the | 699 |
county proposing withdrawal | 700 |
thirty days after sending the notice, the board of directors shall | 701 |
hold a meeting | 702 |
703 | |
directors shall determine whether the county requesting withdrawal | 704 |
desires to proceed with the withdrawal and, if the county does, | 705 |
the board of directors shall accept the withdrawal. Not later than | 706 |
thirty days after the determination was made, the board of | 707 |
directors shall deliver written notice of the withdrawal to the | 708 |
boards of county commissioners that formed the joint county | 709 |
department and to the board of county commissioners that requested | 710 |
withdrawal, and shall commence the withdrawal process under this | 711 |
section. | 712 |
(3) If all of the boards of county commissioners that formed | 713 |
714 | |
commissioners requesting the withdrawal, each adopt a resolution | 715 |
accepting the withdrawal, the board of directors shall declare the | 716 |
withdrawal to be accepted. Not later than thirty days after the | 717 |
declaration, the board of directors shall deliver written notice | 718 |
of the withdrawal to all of the boards of county commissioners | 719 |
that formed the joint county department, including the board of | 720 |
county commissioners of the county requesting withdrawal, and | 721 |
shall commence the withdrawal process under this section. | 722 |
(4) The board of directors shall give notice to the Ohio | 723 |
department of job and family services of the withdrawal of a | 724 |
county under this section at least ninety days before the | 725 |
withdrawal becomes final. The director of job and family services | 726 |
shall adopt, as an internal management rule under section 111.15 | 727 |
of the Revised Code, the form in which the notice shall be given. | 728 |
(5) If a county requesting to withdraw decides to remain as a | 729 |
party to the agreement establishing | 730 |
the board of county commissioners of that county shall rescind its | 731 |
original resolution requesting withdrawal and shall deliver a copy | 732 |
of the rescission to the board of directors of the joint county | 733 |
department | 734 |
rescission. | 735 |
(B) If a county withdraws from | 736 |
section, the board of directors shall ascertain, apportion, and | 737 |
order a division of the funds on hand, credits, and real and | 738 |
personal property of the joint county department, either in money | 739 |
or in kind, on an equitable basis between the joint county | 740 |
department and the withdrawing county according to the agreement | 741 |
entered into under section 329.40 of the Revised Code and | 742 |
consistent with any prior contributions of the withdrawing county | 743 |
to the joint county department. Any debt incurred individually | 744 |
shall remain the responsibility of that county, unless otherwise | 745 |
specified in the agreement establishing the joint county | 746 |
department. | 747 |
(C) A withdrawal becomes final not earlier than the first day | 748 |
of the calendar quarter following the ninety-day notice period | 749 |
required by division (A)(4) of this section. On and after that | 750 |
day, the withdrawing county ceases to be a part of the joint | 751 |
county department, and its members of the board of directors shall | 752 |
cease to be members of that board. | 753 |
(D) If the withdrawal of one or more counties would leave | 754 |
only one county participating in | 755 |
the board of directors shall ascertain, apportion, and order a | 756 |
final division of the funds on hand, credits, and real and | 757 |
personal property of the joint county department. On and after the | 758 |
day on which the latest withdrawal of a county becomes final, the | 759 |
joint county department is dissolved. When | 760 |
department is dissolved and any indebtedness remains unpaid, the | 761 |
boards of county commissioners that formed the joint county | 762 |
department shall pay the indebtedness of the joint county | 763 |
department in the amounts established by the agreement at the time | 764 |
the indebtedness was incurred. | 765 |
Sec. 329.46. (A) A board of county commissioners that formed | 766 |
767 | |
section 329.40 of the Revised Code, by adopting a resolution, may | 768 |
propose the removal of another county that formed the joint county | 769 |
department. The board of county commissioners shall send a copy of | 770 |
such a resolution to the board of directors of the joint county | 771 |
department. | 772 |
copy of the resolution, the board of directors shall send a copy | 773 |
of the resolution to each board of county commissioners that | 774 |
formed the joint county department, except the board of county | 775 |
commissioners proposing removal. | 776 |
after sending a copy of the resolution, the board of directors | 777 |
shall hold a hearing at which any county commissioner whose county | 778 |
formed the joint county department may present arguments for or | 779 |
against the removal. At the hearing, approval or disapproval of | 780 |
the removal shall be determined by a two-thirds vote of the county | 781 |
commissioners of the counties that formed the joint county | 782 |
department, with the exception of the county commissioners of the | 783 |
county proposed for removal. | 784 |
(B) The board of directors of | 785 |
of job and family services, by adopting a resolution by a majority | 786 |
vote of the members of the board, may propose removal of a county | 787 |
that formed the joint county department. | 788 |
days after adopting such a resolution, the board of directors | 789 |
shall send a copy of the resolution to the board of county | 790 |
commissioners of each county that formed the joint county | 791 |
department, including the board of county commissioners of the | 792 |
county proposed for removal.
| 793 |
after sending the copy of the resolution, the board of directors | 794 |
shall hold a hearing at which any member of the board may present | 795 |
arguments for or against the removal. At this hearing, approval or | 796 |
disapproval of the resolution proposing removal shall be | 797 |
determined by a two-thirds vote of the members of the board of | 798 |
directors, with the exception of the board members who represent | 799 |
the county proposed for removal. | 800 |
(C) If removal of a county is approved under this section, | 801 |
the board of directors shall give written notice of the approval | 802 |
to the Ohio department of job and family services at least ninety | 803 |
days before the removal takes effect. The director of job and | 804 |
family services shall adopt, as an internal management rule under | 805 |
section 111.15 of the Revised Code, the form in which the notice | 806 |
shall be given. | 807 |
(D) Removal of a county under this section shall take effect | 808 |
not earlier than the first day of the calendar quarter following | 809 |
the ninety-day notice period required by division (C) of this | 810 |
section. | 811 |
(E) If, at any time, the county proposed for removal under | 812 |
division (A) or (B) of this section notifies the board of | 813 |
directors, by a majority vote of that county's board of county | 814 |
commissioners, that it chooses to withdraw from the joint county | 815 |
department, the withdrawal procedure established under section | 816 |
329.45 of the Revised Code shall be put immediately into motion. | 817 |
Sec. 330.04. If, for the purpose of Chapter 6301. of the | 818 |
Revised Code, a county is the type of local area defined in | 819 |
division (A)(2) of section 6301.01 of the Revised Code, the board | 820 |
of county commissioners serving the county shall adopt a | 821 |
resolution establishing or designating a workforce development | 822 |
agency to provide workforce development activities for the county. | 823 |
The board shall adopt the resolution not later than July 1, 2000. | 824 |
The board may establish or designate any of the following as | 825 |
the workforce development agency: | 826 |
(A) The county department of job and family services; | 827 |
(B) A separate agency under the direct control of the board | 828 |
and administered by an official appointed by the board; | 829 |
(C) An entity serving the county on | 830 |
831 | |
in which a workforce development agency is to serve the county on | 832 |
and after
| 833 |
(D) An entity located in or outside the county that provides | 834 |
workforce development activities in the county on | 835 |
836 |
(E) Any private or government entity designated under section | 837 |
307.981 of the Revised Code; | 838 |
(F) | 839 |
established under section 329.40 of the Revised Code. | 840 |
Sec. 723.52. Before letting or making any contract for the | 841 |
construction, reconstruction, widening, resurfacing, or repair of | 842 |
a street or other public way, the director of public service in a | 843 |
city, or the legislative authority in a village, shall make an | 844 |
estimate of the cost of such work using the force account project | 845 |
assessment form developed by the auditor of state under section | 846 |
117.16 of the Revised Code. In municipal corporations having an | 847 |
engineer, or an officer having a different title but the duties | 848 |
and functions of an engineer, the estimate shall be made by the | 849 |
engineer or other officer. Where the total estimated cost of any | 850 |
such work is | 851 |
officers may proceed by force account. | 852 |
Where the total estimated cost of any such work exceeds | 853 |
854 | |
municipal corporation shall be required to invite and receive | 855 |
competitive bids for furnishing all the labor, materials, and | 856 |
equipment and doing the work, after newspaper advertisement as | 857 |
provided by law. The officers shall consider and may reject such | 858 |
bids. If the bids are rejected, the officers may order the work | 859 |
done by force account or direct labor. When such bids are | 860 |
received, considered, and rejected, and the work done by force | 861 |
account or direct labor, such work shall be performed in | 862 |
compliance with the plans and specifications upon which the bids | 863 |
were based. It shall be unlawful to divide a street or connecting | 864 |
streets into separate sections for the purpose of defeating this | 865 |
section and section 723.53 of the Revised Code. | 866 |
"Street," as used in such sections, includes portions of | 867 |
connecting streets on which the same or similar construction, | 868 |
reconstruction, widening, resurfacing, or repair is planned or | 869 |
projected. | 870 |
Sec. 723.53. Where the proper officers of any municipal | 871 |
corporation construct, reconstruct, widen, resurface, or repair a | 872 |
street or other public way by force account or direct labor, and | 873 |
the estimated cost of the work as defined in section 723.52 of the | 874 |
Revised Code exceeds | 875 |
authorities shall cause to be kept by the engineer of the | 876 |
municipal corporation, or other officer or employee of the | 877 |
municipal corporation in charge of such work, a complete and | 878 |
accurate account, in detail, of the cost of doing the work. The | 879 |
account shall include labor, materials, freight, fuel, hauling, | 880 |
overhead expense, workers' compensation premiums, and all other | 881 |
items of cost and expense, including a reasonable allowance for | 882 |
the use of all tools and equipment used on or in connection with | 883 |
such work and for the depreciation on the tools and equipment. The | 884 |
engineer or other officer or employee shall keep such account, and | 885 |
within ninety days after the completion of any such work shall | 886 |
prepare a detailed and itemized statement of such cost and file | 887 |
the statement with the officer or board vested with authority to | 888 |
direct the doing of the work in question. Such officer or board | 889 |
shall thereupon examine the statement, correct it if necessary, | 890 |
and file it in the office of the officer or board. Such statement | 891 |
shall be kept on file for not less than two years and shall be | 892 |
open to public inspection. | 893 |
This section and section 723.52 of the Revised Code do not | 894 |
apply to any municipal corporations having a charter form of | 895 |
government. | 896 |
Sec. 731.141. In those villages that have established the | 897 |
position of village administrator, as provided by section 735.271 | 898 |
of the Revised Code, the village administrator shall make | 899 |
contracts, purchase supplies and materials, and provide labor for | 900 |
any work under the administrator's supervision involving not more | 901 |
than | 902 |
other than the compensation of persons employed by the village, | 903 |
exceeds
| 904 |
first be authorized and directed by ordinance of the legislative | 905 |
authority of the village. When so authorized and directed, except | 906 |
where the contract is for equipment, services, materials, or | 907 |
supplies to be purchased under division (D) of section 713.23 or | 908 |
section 125.04 or 5513.01 of the Revised Code, available from a | 909 |
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 | 910 |
of the Revised Code, or required to be purchased from a qualified | 911 |
nonprofit agency under sections 125.60 to 125.6012 of the Revised | 912 |
Code, the village administrator shall make a written contract with | 913 |
the lowest and best bidder after advertisement for not less than | 914 |
two nor more than four consecutive weeks in a newspaper of general | 915 |
circulation within the village or as provided in section 7.16 of | 916 |
the Revised Code. The bids shall be opened and shall be publicly | 917 |
read by the village administrator or a person designated by the | 918 |
village administrator at the time, date, and place as specified in | 919 |
the advertisement to bidders or specifications. The time, date, | 920 |
and place of bid openings may be extended to a later date by the | 921 |
village administrator, provided that written or oral notice of the | 922 |
change shall be given to all persons who have received or | 923 |
requested specifications no later than ninety-six hours prior to | 924 |
the original time and date fixed for the opening. All contracts | 925 |
shall be executed in the name of the village and signed on its | 926 |
behalf by the village administrator and the clerk. | 927 |
The legislative authority of a village may provide, by | 928 |
ordinance, for central purchasing for all offices, departments, | 929 |
divisions, boards, and commissions of the village, under the | 930 |
direction of the village administrator, who shall make contracts, | 931 |
purchase supplies or materials, and provide labor for any work of | 932 |
the village in the manner provided by this section. | 933 |
Sec. 735.05. The director of public service may make any | 934 |
contract, purchase supplies or material, or provide labor for any | 935 |
work under the supervision of the department of public service | 936 |
involving not more than | 937 |
an expenditure within the department, other than the compensation | 938 |
of persons employed in the department, exceeds | 939 |
thousand dollars, the expenditure shall first be authorized and | 940 |
directed by ordinance of the city legislative authority. When so | 941 |
authorized and directed, except where the contract is for | 942 |
equipment, services, materials, or supplies to be purchased under | 943 |
division (D) of section 713.23 or section 125.04 or 5513.01 of the | 944 |
Revised Code or available from a qualified nonprofit agency | 945 |
pursuant to sections 4115.31 to 4115.35 of the Revised Code, the | 946 |
director shall make a written contract with the lowest and best | 947 |
bidder after advertisement for not less than two nor more than | 948 |
four consecutive weeks in a newspaper of general circulation | 949 |
within the city or as provided in section 7.16 of the Revised | 950 |
Code. | 951 |
Sec. 737.03. The director of public safety shall manage and | 952 |
make all contracts with reference to police stations, fire houses, | 953 |
reform schools, infirmaries, hospitals other than municipal | 954 |
hospitals operated pursuant to Chapter 749. of the Revised Code, | 955 |
workhouses, farms, pesthouses, and all other charitable and | 956 |
reformatory institutions. In the control and supervision of those | 957 |
institutions, the director shall be governed by the provisions of | 958 |
Title VII of the Revised Code relating to those institutions. | 959 |
The director may make all contracts and expenditures of money | 960 |
for acquiring lands for the erection or repairing of station | 961 |
houses, police stations, fire department buildings, fire cisterns, | 962 |
and plugs, that are required, for the purchase of engines, | 963 |
apparatus, and all other supplies necessary for the police and | 964 |
fire departments, and for other undertakings and departments under | 965 |
the director's supervision, but no obligation involving an | 966 |
expenditure of more than | 967 |
be created unless first authorized and directed by ordinance. In | 968 |
making, altering, or modifying those contracts, the director shall | 969 |
be governed by sections 735.05 to 735.09 of the Revised Code, | 970 |
except that all bids shall be filed with and opened by the | 971 |
director. The director shall make no sale or disposition of any | 972 |
property belonging to the city without first being authorized by | 973 |
resolution or ordinance of the city legislative authority. | 974 |
Sec. 749.26. The board of hospital trustees, before entering | 975 |
into any contract for the erection of a hospital building, or for | 976 |
the rebuilding or repair of a hospital building, the cost of which | 977 |
exceeds | 978 |
specifications, detailed drawings, and forms of bids prepared, and | 979 |
when adopted by the board it shall have them printed for | 980 |
distribution among the bidders. | 981 |
Sec. 749.28. The board of hospital trustees shall not enter | 982 |
into a contract for work or supplies where the estimated cost | 983 |
exceeds | 984 |
days' notice in one newspaper of general circulation in the | 985 |
municipal corporation that sealed proposals will be received for | 986 |
doing the work or furnishing the materials and supplies. | 987 |
Sec. 749.31. Except where the contract is for equipment, | 988 |
services, materials, or supplies available from a qualified | 989 |
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 990 |
Revised Code, the board of hospital trustees shall enter into a | 991 |
contract for work or supplies where the estimated cost exceeds
| 992 |
fifty thousand dollars with the lowest and best bidder. Where the | 993 |
contract is for other than the construction, demolition, | 994 |
alteration, repair, or reconstruction of an improvement, the board | 995 |
shall enter into the contract when the bidder gives bond to the | 996 |
board, with such security as the board approves, that | 997 |
bidder will perform the work and furnish materials or supplies in | 998 |
accordance with the contract. On the failure of such bidder within | 999 |
a reasonable time, to be fixed by the board, to enter into bond | 1000 |
with such security, a contract may be made with the next lowest | 1001 |
and best bidder, and so on until a contract is effected by a | 1002 |
contractor giving such bond. The board may reject any bid. | 1003 |
Sec. 753.15. (A) Except as provided in division (B) of this | 1004 |
section, in a city, a workhouse erected for the joint use of the | 1005 |
city and the county in which such city is located shall be managed | 1006 |
and controlled by a joint board composed of the board of county | 1007 |
commissioners and the board of control of the city, and in a | 1008 |
village by the board of county commissioners and the board of | 1009 |
trustees of public affairs. Such joint board shall have all the | 1010 |
powers and duties in the management, control, and maintenance of | 1011 |
such workhouse as are conferred upon the director of public safety | 1012 |
in cities, and in addition thereto it may construct sewers for | 1013 |
such workhouse and pay therefor from funds raised by taxation for | 1014 |
the maintenance of such institution. | 1015 |
The joint board may lease or purchase suitable property and | 1016 |
buildings for a workhouse, or real estate for the purpose of | 1017 |
erecting and maintaining a workhouse thereon, but it shall not | 1018 |
expend more than | 1019 |
unless such amount is approved by a majority of the voters of the | 1020 |
county, exclusive of the municipal corporation, voting at a | 1021 |
general election. | 1022 |
(B) In lieu of forming a joint board to manage and control a | 1023 |
workhouse erected for the joint use of the city and the county in | 1024 |
which the city is located, the board of county commissioners and | 1025 |
the legislative authority of the city may enter into a contract | 1026 |
for the private operation and management of the workhouse as | 1027 |
provided in section 9.06 of the Revised Code, but only if the | 1028 |
workhouse is used solely for misdemeanant inmates. In order to | 1029 |
enter into a contract under section 9.06 of the Revised Code, both | 1030 |
the board and the legislative authority shall approve and be | 1031 |
parties to the contract. | 1032 |
Sec. 755.29. The board of park trustees, before entering | 1033 |
into any contract for the performance of any work, the cost of | 1034 |
which exceeds | 1035 |
plans and specifications and forms of bids to be prepared, and | 1036 |
when adopted by the board, shall have them printed for | 1037 |
distribution among bidders. | 1038 |
Sec. 755.30. The board of park trustees shall not enter into | 1039 |
any contract for work or supplies, where the estimated cost | 1040 |
thereof exceeds | 1041 |
thirty days' notice in one newspaper of general circulation in the | 1042 |
municipal corporation that sealed proposals may be received for | 1043 |
doing the work or furnishing such materials and supplies. | 1044 |
Sec. 2907.27. (A)(1) If a person is charged with a violation | 1045 |
of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, or | 1046 |
2907.25 of the Revised Code or with a violation of a municipal | 1047 |
ordinance that is substantially equivalent to any of those | 1048 |
sections, the arresting authorities or a court, upon the request | 1049 |
of the prosecutor in the case or upon the request of the victim | 1050 |
and not later than forty-eight hours after the date on which the | 1051 |
complaint, information, or indictment is filed against the | 1052 |
accused, shall cause the accused to submit to one or more | 1053 |
appropriate tests to determine if the accused is suffering from a | 1054 |
venereal disease. | 1055 |
(2) If the accused is found to be suffering from a venereal | 1056 |
disease in an infectious stage, the accused shall be required to | 1057 |
submit to medical treatment for that disease. The cost of the | 1058 |
medical treatment shall be charged to and paid by the accused who | 1059 |
undergoes the treatment. If the accused is indigent, the court | 1060 |
shall order the accused to report to a facility operated by a city | 1061 |
health district or a general health district for treatment. If the | 1062 |
accused is convicted of or pleads guilty to the offense with which | 1063 |
the accused is charged and is placed under a community control | 1064 |
sanction, a condition of community control shall be that the | 1065 |
offender submit to and faithfully follow a course of medical | 1066 |
treatment for the venereal disease. If the offender does not seek | 1067 |
the required medical treatment, the court may revoke the | 1068 |
offender's community control and order the offender to undergo | 1069 |
medical treatment during the period of the offender's | 1070 |
incarceration and to pay the cost of that treatment. | 1071 |
(B)(1)(a) If a person is charged with a violation of division | 1072 |
(B) of section 2903.11 or of section 2907.02, 2907.03, 2907.04, | 1073 |
2907.05, 2907.12, 2907.24, 2907.241, or 2907.25 of the Revised | 1074 |
Code or with a violation of a municipal ordinance that is | 1075 |
substantially equivalent to that division or any of those | 1076 |
sections, the court, upon the request of the prosecutor in the | 1077 |
case, upon the request of the victim, or upon the request of any | 1078 |
other person whom the court reasonably believes had contact with | 1079 |
the accused in circumstances related to the violation that could | 1080 |
have resulted in the transmission to that person the human | 1081 |
immunodeficiency virus, shall cause the accused to submit to one | 1082 |
or more tests designated by the director of health under section | 1083 |
3701.241 of the Revised Code to determine if the accused is | 1084 |
infected with HIV. The court, upon the request of the prosecutor | 1085 |
in the case, upon the request of the victim with the agreement of | 1086 |
the prosecutor, or upon the request of any other person with the | 1087 |
agreement of the prosecutor, may cause an accused who is charged | 1088 |
with a violation of any other section of the Revised Code or with | 1089 |
a violation of any other municipal ordinance to submit to one or | 1090 |
more tests so designated by the director of health if the | 1091 |
circumstances of the violation indicate probable cause to believe | 1092 |
that the accused, if the accused is infected with HIV, might have | 1093 |
transmitted HIV to any of the following persons in committing the | 1094 |
violation: | 1095 |
(i) In relation to a request made by the prosecuting | 1096 |
attorney, to the victim or to any other person; | 1097 |
(ii) In relation to a request made by the victim, to the | 1098 |
victim making the request; | 1099 |
(iii) In relation to a request made by any other person, to | 1100 |
the person making the request. | 1101 |
(b) The results of a test performed under division (B)(1)(a) | 1102 |
of this section shall be communicated in confidence to the court, | 1103 |
and the court shall inform the accused of the result. The court | 1104 |
shall inform the victim that the test was performed and that the | 1105 |
victim has a right to receive the results on request. If the test | 1106 |
was performed upon the request of a person other than the | 1107 |
prosecutor in the case and other than the victim, the court shall | 1108 |
inform the person who made the request that the test was performed | 1109 |
and that the person has a right to receive the results upon | 1110 |
request. Additionally, regardless of who made the request that was | 1111 |
the basis of the test being performed, if the court reasonably | 1112 |
believes that, in circumstances related to the violation, a person | 1113 |
other than the victim had contact with the accused that could have | 1114 |
resulted in the transmission of HIV to that person, the court may | 1115 |
inform that person that the test was performed and that the person | 1116 |
has a right to receive the results of the test on request. If the | 1117 |
accused tests positive for HIV, the test results shall be reported | 1118 |
to the department of health in accordance with section 3701.24 of | 1119 |
the Revised Code and to the sheriff, head of the state | 1120 |
correctional institution, or other person in charge of any jail or | 1121 |
prison in which the accused is incarcerated. If the accused tests | 1122 |
positive for HIV and the accused was charged with, and was | 1123 |
convicted of or pleaded guilty to, a violation of section 2907.24, | 1124 |
2907.241, or 2907.25 of the Revised Code or a violation of a | 1125 |
municipal ordinance that is substantially equivalent to any of | 1126 |
those sections, the test results also shall be reported to the law | 1127 |
enforcement agency that arrested the accused, and the law | 1128 |
enforcement agency may use the test results as the basis for any | 1129 |
future charge of a violation of division (B) of any of those | 1130 |
sections or a violation of a municipal ordinance that is | 1131 |
substantially equivalent to division (B) of any of those sections. | 1132 |
No other disclosure of the test results or the fact that a test | 1133 |
was performed shall be made, other than as evidence in a grand | 1134 |
jury proceeding or as evidence in a judicial proceeding in | 1135 |
accordance with the Rules of Evidence. If the test result is | 1136 |
negative, and the charge has not been dismissed or if the accused | 1137 |
has been convicted of the charge or a different offense arising | 1138 |
out of the same circumstances as the offense charged, the court | 1139 |
shall order that the test be repeated not earlier than three | 1140 |
months nor later than six months after the original test. | 1141 |
(2) If an accused who is free on bond refuses to submit to a | 1142 |
test ordered by the court pursuant to division (B)(1) of this | 1143 |
section, the court may order that the accused's bond be revoked | 1144 |
and that the accused be incarcerated until the test is performed. | 1145 |
If an accused who is incarcerated refuses to submit to a test | 1146 |
ordered by the court pursuant to division (B)(1) of this section, | 1147 |
the court shall order the person in charge of the jail or prison | 1148 |
in which the accused is incarcerated to take any action necessary | 1149 |
to facilitate the performance of the test, including the forcible | 1150 |
restraint of the accused for the purpose of drawing blood to be | 1151 |
used in the test. | 1152 |
(3) A state agency, a political subdivision of the state, or | 1153 |
an employee of a state agency or of a political subdivision of the | 1154 |
state is immune from liability in a civil action to recover | 1155 |
damages for injury, death, or loss to person or property allegedly | 1156 |
caused by any act or omission in connection with the performance | 1157 |
of the duties required under division (B)(2) of this section | 1158 |
unless the acts or omissions are with malicious purpose, in bad | 1159 |
faith, or in a wanton or reckless manner. | 1160 |
(C) As used in this section: | 1161 |
(1) "Community control sanction" has the same meaning as in | 1162 |
section 2929.01 of the Revised Code. | 1163 |
(2) "HIV" means the human immunodeficiency virus. | 1164 |
Sec. 3316.04. (A) Within sixty days of the auditor's | 1165 |
declaration under division (A) of section 3316.03 of the Revised | 1166 |
Code, the board of education of the school district shall prepare | 1167 |
and submit to the superintendent of public instruction a financial | 1168 |
plan delineating the steps the board will take to eliminate the | 1169 |
district's current operating deficit and avoid incurring operating | 1170 |
deficits in ensuing years, including the implementation of | 1171 |
spending reductions and shared services agreements with other | 1172 |
political subdivisions for the joint exercise of any power, | 1173 |
performance of any function, or rendering of any service, if so | 1174 |
authorized by statute. The superintendent of public instruction | 1175 |
shall evaluate the initial financial plan, and either approve or | 1176 |
disapprove it within thirty calendar days from the date of its | 1177 |
submission. If the initial financial plan is disapproved, the | 1178 |
state superintendent shall recommend modifications that will | 1179 |
render the financial plan acceptable. No school district board | 1180 |
shall implement a financial plan submitted to the superintendent | 1181 |
of public instruction under this section unless the superintendent | 1182 |
has approved the plan. | 1183 |
(B) Upon request of the board of education of a school | 1184 |
district declared to be in a state of fiscal watch, the auditor of | 1185 |
state and superintendent of public instruction shall provide | 1186 |
technical assistance to the board in resolving the fiscal problems | 1187 |
that gave rise to the declaration, including assistance in | 1188 |
drafting the board's financial plan. | 1189 |
(C) A financial plan adopted under this section may be | 1190 |
amended at any time with the approval of the superintendent. The | 1191 |
board of education of the school district shall submit an updated | 1192 |
financial plan to the superintendent, for the superintendent's | 1193 |
approval, every year that the district is in a state of fiscal | 1194 |
watch. The updated plan shall be submitted in a form acceptable to | 1195 |
the superintendent. The superintendent shall approve or disapprove | 1196 |
each updated plan no later than the anniversary of the date on | 1197 |
which the first such plan was approved. | 1198 |
(D) A school district that has restructured or refinanced a | 1199 |
loan under section 3316.041 of the Revised Code shall be declared | 1200 |
to be in a state of fiscal emergency if any of the following | 1201 |
occurs: | 1202 |
(1) An operating deficit is certified for the district under | 1203 |
section 3313.483 of the Revised Code for any year prior to the | 1204 |
repayment of the restructured or refinanced loan; | 1205 |
(2) The superintendent determines, in consultation with the | 1206 |
auditor of state, that the school district is not satisfactorily | 1207 |
complying with the terms of the financial plan required by this | 1208 |
section; | 1209 |
(3) The board of education of the school district fails to | 1210 |
submit an updated plan that is acceptable to the superintendent | 1211 |
under division (C) of this section. | 1212 |
Sec. 3316.06. (A) Within one hundred twenty days after the | 1213 |
first meeting of a school district financial planning and | 1214 |
supervision commission, the commission shall adopt a financial | 1215 |
recovery plan regarding the school district for which the | 1216 |
commission was created. During the formulation of the plan, the | 1217 |
commission shall seek appropriate input from the school district | 1218 |
board and from the community. This plan shall contain the | 1219 |
following: | 1220 |
(1) Actions to be taken to: | 1221 |
(a) Eliminate all fiscal emergency conditions declared to | 1222 |
exist pursuant to division (B) of section 3316.03 of the Revised | 1223 |
Code; | 1224 |
(b) Satisfy any judgments, past-due accounts payable, and all | 1225 |
past-due and payable payroll and fringe benefits; | 1226 |
(c) Eliminate the deficits in all deficit funds, except that | 1227 |
any prior year deficits in the capital and maintenance fund | 1228 |
established pursuant to section 3315.18 of the Revised Code shall | 1229 |
be forgiven; | 1230 |
(d) Restore to special funds any moneys from such funds that | 1231 |
were used for purposes not within the purposes of such funds, or | 1232 |
borrowed from such funds by the purchase of debt obligations of | 1233 |
the school district with the moneys of such funds, or missing from | 1234 |
the special funds and not accounted for, if any; | 1235 |
(e) Balance the budget, avoid future deficits in any funds, | 1236 |
and maintain on a current basis payments of payroll, fringe | 1237 |
benefits, and all accounts; | 1238 |
(f) Avoid any fiscal emergency condition in the future; | 1239 |
(g) Restore the ability of the school district to market | 1240 |
long-term general obligation bonds under provisions of law | 1241 |
applicable to school districts generally; | 1242 |
(h) Entered into shared services agreements with other | 1243 |
political subdivisions for the joint exercise of any power, | 1244 |
performance of any function, or rendering of any service, if so | 1245 |
authorized by statute. | 1246 |
(2) The management structure that will enable the school | 1247 |
district to take the actions enumerated in division (A)(1) of this | 1248 |
section. The plan shall specify the level of fiscal and management | 1249 |
control that the commission will exercise within the school | 1250 |
district during the period of fiscal emergency, and shall | 1251 |
enumerate respectively, the powers and duties of the commission | 1252 |
and the powers and duties of the school board during that period. | 1253 |
The commission may elect to assume any of the powers and duties of | 1254 |
the school board it considers necessary, including all powers | 1255 |
related to personnel, curriculum, and legal issues in order to | 1256 |
successfully implement the actions described in division (A)(1) of | 1257 |
this section. | 1258 |
(3) The target dates for the commencement, progress upon, and | 1259 |
completion of the actions enumerated in division (A)(1) of this | 1260 |
section and a reasonable period of time expected to be required to | 1261 |
implement the plan. The commission shall prepare a reasonable time | 1262 |
schedule for progress toward and achievement of the requirements | 1263 |
for the plan, and the plan shall be consistent with that time | 1264 |
schedule. | 1265 |
(4) The amount and purpose of any issue of debt obligations | 1266 |
that will be issued, together with assurances that any such debt | 1267 |
obligations that will be issued will not exceed debt limits | 1268 |
supported by appropriate certifications by the fiscal officer of | 1269 |
the school district and the county auditor. Debt obligations | 1270 |
issued pursuant to section 133.301 of the Revised Code shall | 1271 |
include assurances that such debt shall be in an amount not to | 1272 |
exceed the amount certified under division (B) of such section. If | 1273 |
the commission considers it necessary in order to maintain or | 1274 |
improve educational opportunities of pupils in the school | 1275 |
district, the plan may include a proposal to restructure or | 1276 |
refinance outstanding debt obligations incurred by the board under | 1277 |
section 3313.483 of the Revised Code contingent upon the approval, | 1278 |
during the period of the fiscal emergency, by district voters of a | 1279 |
tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 1280 |
5748.02, 5748.08, or 5748.09 of the Revised Code that is not a | 1281 |
renewal or replacement levy, or a levy under section 5705.199 of | 1282 |
the Revised Code, and that will provide new operating revenue. | 1283 |
Notwithstanding any provision of Chapter 133. or sections 3313.483 | 1284 |
to 3313.4811 of the Revised Code, following the required approval | 1285 |
of the district voters and with the approval of the commission, | 1286 |
the school district may issue securities to evidence the | 1287 |
restructuring or refinancing. Those securities may extend the | 1288 |
original period for repayment, not to exceed ten years, and may | 1289 |
alter the frequency and amount of repayments, interest or other | 1290 |
financing charges, and other terms of agreements under which the | 1291 |
debt originally was contracted, at the discretion of the | 1292 |
commission, provided that any loans received pursuant to section | 1293 |
3313.483 of the Revised Code shall be paid from funds the district | 1294 |
would otherwise receive under Chapter 3317. of the Revised Code, | 1295 |
as required under division (E)(3) of section 3313.483 of the | 1296 |
Revised Code. The securities issued for the purpose of | 1297 |
restructuring or refinancing the debt shall be repaid in equal | 1298 |
payments and at equal intervals over the term of the debt and are | 1299 |
not eligible to be included in any subsequent proposal for the | 1300 |
purpose of restructuring or refinancing debt under this section. | 1301 |
(B) Any financial recovery plan may be amended subsequent to | 1302 |
its adoption. Each financial recovery plan shall be updated | 1303 |
annually. | 1304 |
(C) Each school district financial planning and supervision | 1305 |
commission shall submit the financial recovery plan it adopts or | 1306 |
updates under this section to the state superintendent of public | 1307 |
instruction for approval immediately following its adoption or | 1308 |
updating. The state superintendent shall evaluate the plan and | 1309 |
either approve or disapprove it within thirty calendar days from | 1310 |
the date of its submission. If the plan is disapproved, the state | 1311 |
superintendent shall recommend modifications that will render it | 1312 |
acceptable. No financial planning and supervision commission shall | 1313 |
implement a financial recovery plan that is adopted or updated on | 1314 |
or after April 10, 2001, unless the state superintendent has | 1315 |
approved it. | 1316 |
Sec. 3709.08. (A) A | 1317 |
city or general health district or the authority having the duties | 1318 |
of a board of health under section 3709.05 of the Revised Code may | 1319 |
enter into a contract | 1320 |
1321 | |
another city | 1322 |
authority having the duties of a board of health under section | 1323 |
3709.05 of the Revised Code, if one of the following, as | 1324 |
applicable, is the case: | 1325 |
(1) If the contract is with a city constituting a city health | 1326 |
district, the chief executive of that city, with the approval of | 1327 |
the majority of the members of the legislative authority of | 1328 |
that city | 1329 |
(2) If the contract is with the board of health of a general | 1330 |
health district, the | 1331 |
council of the general health district, with the approval of a | 1332 |
majority of the members of the district advisory council, approves | 1333 |
the contract. | 1334 |
(3) If the contract is with an authority having the duties of | 1335 |
a board of health under section 3709.05 of the Revised Code, the | 1336 |
majority of the members of the authority's governing body approves | 1337 |
the contract. | 1338 |
1339 | |
1340 |
(B) Each contract entered into under division (A) of this | 1341 |
section shall do all of the following: | 1342 |
| 1343 |
expenses to be paid by the | 1344 |
having the duties of a board of health for such | 1345 |
and how it is to be paid; | 1346 |
| 1347 |
1348 | |
provided; | 1349 |
| 1350 |
services shall begin; | 1351 |
| 1352 |
be in effect. | 1353 |
| 1354 |
section, no contract entered into under division (A) of this | 1355 |
section shall be in effect until the | 1356 |
determines that the | 1357 |
1358 | |
authority having the duties of a board of health that is to | 1359 |
provide the services is organized and equipped to provide | 1360 |
1361 | |
1362 | |
health or | 1363 |
authority having the duties of a board of health providing | 1364 |
1365 | |
receiving | 1366 |
perform all the duties required of the board of health | 1367 |
1368 | |
health. | 1369 |
(D) A contract entered into under division (A) of this | 1370 |
section that is for not all but for only one or some public health | 1371 |
services provided by a board of health or the authority having the | 1372 |
duties of a board of health shall be effective immediately. The | 1373 |
effectiveness of such a contract is not dependent on a | 1374 |
determination made by the director of health that is described in | 1375 |
division (C) of this section. | 1376 |
Sec. 3709.28. | 1377 |
receive any part of its revenue for a fiscal year from an | 1378 |
appropriation apportioned among the townships and municipal | 1379 |
corporations composing the district, the board of health of | 1380 |
1381 | |
1382 | |
1383 | |
first day of April of the immediately preceding fiscal year. If a | 1384 |
general health district will not receive any part of its revenue | 1385 |
for a fiscal year from an appropriation apportioned among the | 1386 |
townships and municipal corporations composing the district, the | 1387 |
board of health of the district shall adopt an annual | 1388 |
appropriation measure for that fiscal year under this section or | 1389 |
sections 5705.38, 5705.39, and 5705.40 of the Revised Code. | 1390 |
(B) An appropriation measure adopted under this section shall | 1391 |
set forth the amounts for the current expenses of
| 1392 |
district for the ensuing fiscal year | 1393 |
1394 | |
estimate in itemized form, of the several sources of revenue | 1395 |
available to the district, including the amount due from the state | 1396 |
for the next fiscal year as provided in section 3709.32 of the | 1397 |
Revised Code and the amount which the board anticipates will be | 1398 |
collected in fees or from any tax levied for the benefit of the | 1399 |
district under this chapter or Chapter 5705. of the Revised Code | 1400 |
during the | 1401 |
county auditor and by the county auditor submitted to the county | 1402 |
budget commission, which may reduce | 1403 |
appropriation | 1404 |
1405 | |
municipal corporations composing the district in accordance with | 1406 |
division (C) of this section. | 1407 |
(C) The aggregate appropriation, as fixed by the commission, | 1408 |
less the amounts available to the general health district from
| 1409 |
1410 | |
1411 | |
year, including any amounts in the district health fund that will | 1412 |
be carried forward to the ensuing fiscal year as needed to fund | 1413 |
ongoing operations in the ensuing fiscal year, shall be | 1414 |
apportioned | 1415 |
municipal corporations composing the health district on the basis | 1416 |
of taxable valuations in such townships and municipal | 1417 |
corporations. The auditor, when making the auditor's semiannual | 1418 |
apportionment of funds, shall retain at each semiannual | 1419 |
apportionment one-half of the amount apportioned to each township | 1420 |
and municipal corporation. Such moneys | 1421 |
1422 | |
"district health fund." | 1423 |
provision of the Revised Code or a rule adopted pursuant thereto, | 1424 |
all other sources of revenue of the district shall be placed in | 1425 |
the district health fund, provided that the revenue is used and | 1426 |
maintained in accordance with the purpose for which the revenue | 1427 |
was received. | 1428 |
(D) When a general health district is composed of townships | 1429 |
and municipal corporations in two or more counties, the county | 1430 |
auditor making the original apportionment shall certify to the | 1431 |
auditor of each county concerned the amount apportioned to each | 1432 |
township and municipal corporation in such county. Each auditor | 1433 |
shall withhold from the semiannual apportionment to each such | 1434 |
township or municipal corporation the amount certified, and shall | 1435 |
pay the amounts withheld to the custodian of the funds of the | 1436 |
health district concerned, to be credited to the district health | 1437 |
fund. In making the apportionment under this paragraph for each | 1438 |
year from 2002 through 2016, the county auditor shall add to the | 1439 |
taxable valuation of each township and municipal corporation the | 1440 |
tax value loss determined for each township and municipal | 1441 |
corporation under divisions (D) and (E) of section 5727.84 of the | 1442 |
Revised Code multiplied by the percentage used for that year in | 1443 |
determining replacement payments under division (A)(1) of section | 1444 |
5727.86 of the Revised Code. The tax commissioner shall certify to | 1445 |
the county auditor the tax value loss for each township and | 1446 |
municipal corporation for which the auditor must make an | 1447 |
apportionment. | 1448 |
(E) Subject to the aggregate amount as has been apportioned | 1449 |
among the townships and municipalities and as may become available | 1450 |
from the several sources of revenue, the board of health may, by | 1451 |
resolution, transfer funds from one item in their appropriation to | 1452 |
another item, reduce or increase any item, create new items, and | 1453 |
make additional appropriations or reduce the total appropriation. | 1454 |
Any such action shall forthwith be certified by the secretary of | 1455 |
the board of health to the auditor for submission to and approval | 1456 |
by the budget commission. | 1457 |
(F) When any general health district has been united with or | 1458 |
has contracted with a city health district located therein, the | 1459 |
chief executive of the city shall, annually, on or before the | 1460 |
first day of June, certify to the county auditor the total amount | 1461 |
due for the ensuing fiscal year from the municipal corporations | 1462 |
and townships in the district as provided in the contract between | 1463 |
such city and the district advisory council of the original | 1464 |
general health district. After approval by the county budget | 1465 |
commission, the county auditor shall thereupon apportion the | 1466 |
amount certified to the townships and municipal corporations, and | 1467 |
shall withhold the sums apportioned as provided in this section. | 1468 |
Sec. 3709.34. (A) The | 1469 |
legislative authority of any city may furnish suitable quarters | 1470 |
for any board of health or health department having jurisdiction | 1471 |
over all or a major part of | 1472 |
(B)(1) Subject to division (B)(6) of this section, a board of | 1473 |
county commissioners shall provide office space and utilities | 1474 |
through fiscal year 2013 for the board of health having | 1475 |
jurisdiction over the county's general health district. | 1476 |
Thereafter, subject to division (B)(6) of this section, the board | 1477 |
of county commissioners shall make payments as provided in | 1478 |
division (B)(3) of this section for the office space and utilities | 1479 |
until fiscal year 2018. Starting in fiscal year 2018, the board | 1480 |
has no duty to provide the office space or utilities, or to make | 1481 |
payments for the office space or utilities, for the board of | 1482 |
health of the county's general health district. | 1483 |
(2)(a) Not later than the thirtieth day of September 2012, | 1484 |
2013, 2014, and 2015, the board of county commissioners shall make | 1485 |
a written estimate of the total cost for the ensuing fiscal years | 1486 |
2014, 2015, 2016, and 2017, respectively, to provide office space | 1487 |
and utilities to the board of health of the county's general | 1488 |
health district. The estimate of total cost shall include all of | 1489 |
the following: | 1490 |
(i) The total square feet of space to be used by the board of | 1491 |
health; | 1492 |
(ii) The total square feet of any common areas that should be | 1493 |
reasonably allocated to the board of health and the method for | 1494 |
making this allocation; | 1495 |
(iii) The actual cost per square foot for both the space used | 1496 |
by and the common areas allocated to the board of health; | 1497 |
(iv) An explanation of the method used to determine the | 1498 |
actual cost per square foot; | 1499 |
(v) The estimated cost of providing utilities, including an | 1500 |
explanation of how this cost was determined; | 1501 |
(vi) Any other estimated costs the board of county | 1502 |
commissioners anticipates will be incurred to provide office space | 1503 |
and utilities to the board of health, including a detailed | 1504 |
explanation of those costs and the rationale used to determine | 1505 |
them. | 1506 |
(b) The board of county commissioners shall forward a copy of | 1507 |
the estimate of total cost to the director of the board of health | 1508 |
not later than the fifth day of October 2012, 2013, 2014, and | 1509 |
2015. The director shall review the estimate and, not later than | 1510 |
twenty days after its receipt, notify the board of county | 1511 |
commissioners that the director agrees with the estimate, or | 1512 |
objects to it giving specific reasons for the objections. | 1513 |
(c) If the director agrees with the estimate, it shall become | 1514 |
the final estimate of total cost. Failure of the director to make | 1515 |
objections to the estimate by the twentieth day after its receipt | 1516 |
shall be deemed to mean that the director is in agreement with the | 1517 |
estimate. | 1518 |
(d) If the director timely objects to the estimate and | 1519 |
provides specific objections to the board of county commissioners, | 1520 |
the board shall review the objections and may modify the original | 1521 |
estimate and send a revised estimate of total cost to the director | 1522 |
within ten days after receipt of the objections. The director | 1523 |
shall respond to a revised estimate within ten days after its | 1524 |
receipt. If the director agrees with it, the revised estimate | 1525 |
shall become the final estimate of total cost. If the director | 1526 |
fails to respond within the ten-day period, the director shall be | 1527 |
deemed to have agreed with the revised estimate. If the director | 1528 |
disagrees with the revised estimate, the director shall send | 1529 |
specific objections to the board of county commissioners within | 1530 |
the ten-day period. | 1531 |
(e) If the director timely objected to the original estimate | 1532 |
or sends specific objections to a revised estimate within the | 1533 |
required time, or if there is no revised estimate, the probate | 1534 |
judge of the county shall determine the final estimate of total | 1535 |
cost and certify this amount to the director and the board of | 1536 |
county commissioners before the first day of January 2013, 2014, | 1537 |
2015, or 2016, as applicable. | 1538 |
(3)(a) Subject to division (B)(6) of this section, a board of | 1539 |
county commissioners shall be responsible for the following | 1540 |
percentages of the final estimate of total cost established by | 1541 |
division (B)(2) of this section: | 1542 |
(i) Eighty per cent for fiscal year 2014; | 1543 |
(ii) Sixty per cent for fiscal year 2015; | 1544 |
(iii) Forty per cent for fiscal year 2016; | 1545 |
(iv) Twenty per cent for fiscal year 2017. | 1546 |
(b) In fiscal years 2014, 2015, 2016, and 2017, the board of | 1547 |
health of the county's general health district shall be | 1548 |
responsible for the payment of the remainder of any costs incurred | 1549 |
in excess of the amount payable under division (B)(3)(a)(i), (ii), | 1550 |
(iii), or (iv) of this section, as applicable, for the provision | 1551 |
of office space and utilities for the board of health, including | 1552 |
any unanticipated or unexpected increases in costs beyond the | 1553 |
final estimate of total cost. | 1554 |
(c) Beginning in fiscal year 2018, the board of county | 1555 |
commissioners has no obligation to provide office space or | 1556 |
utilities, or to make payments for office space or utilities, for | 1557 |
the board of health. | 1558 |
(4) After fiscal year 2017, the board of county commissioners | 1559 |
and the board of health of the county's general health district | 1560 |
may enter into a contract for the board of county commissioners to | 1561 |
provide office space for the use of the board of health and to | 1562 |
provide utilities for that office space. The term of the contract | 1563 |
shall not exceed four years and may be renewed for additional | 1564 |
periods not to exceed four years. | 1565 |
(5) Notwithstanding divisions (B)(1) to (4) of this section, | 1566 |
in any fiscal year the board of county commissioners, in its | 1567 |
discretion, may provide office space and utilities for the board | 1568 |
of health of the county's general health district free of charge. | 1569 |
(6) If the board of health of a general health district | 1570 |
rents, leases, lease-purchases, or otherwise acquires office space | 1571 |
to facilitate the performance of its functions, or constructs, | 1572 |
enlarges, renovates, or otherwise modifies buildings or other | 1573 |
structures to provide office space to facilitate the performance | 1574 |
of its functions, the board of county commissioners of the county | 1575 |
served by the general health district has no further obligation | 1576 |
under division (B) of this section to provide office space or | 1577 |
utilities, or to make payments for office space or utilities, for | 1578 |
the board of health, unless the board of county commissioners | 1579 |
enters into a contract with the board of health under division | 1580 |
(B)(4) of this section, or exercises its option under division | 1581 |
(B)(5) of this section. | 1582 |
Sec. 3709.36. The board of health of a city or general | 1583 |
health district hereby created shall exercise all the powers and | 1584 |
perform all the duties formerly conferred and imposed by law upon | 1585 |
the board of health of a municipal corporation, and all such | 1586 |
powers, duties, procedure, and penalties for violation of the | 1587 |
sanitary regulations of a board of health of a municipal | 1588 |
corporation are transferred to the board of health of a city or | 1589 |
general health district by sections 3701.10, 3701.29, 3701.81, | 1590 |
3707.08, 3707.14, 3707.16, 3707.47, and 3709.01 to 3709.36 of the | 1591 |
Revised Code. | 1592 |
The board of health of a city or general health district or | 1593 |
the authority having the duties of a board of health under section | 1594 |
3709.05 of the Revised Code shall, for the purpose of providing | 1595 |
public health services, be a body politic and corporate. As such, | 1596 |
it is capable of suing and being sued, contracting and being | 1597 |
contracted with, acquiring, holding, possessing, and disposing of | 1598 |
real and personal property, and taking and holding in trust for | 1599 |
the use and benefit of such district or authority any grant or | 1600 |
devise of land and any domain or bequest of money or other | 1601 |
personal property. | 1602 |
Sec. 4123.41. (A) By the first day of January of each year, | 1603 |
the bureau of workers' compensation shall furnish to the county | 1604 |
auditor of each county and the chief fiscal officer of each taxing | 1605 |
district in a county and of each district activity and institution | 1606 |
mentioned in section 4123.39 of the Revised Code forms containing | 1607 |
the premium rates applicable to the county, district, district | 1608 |
activity, or institution as an employer, on which to report the | 1609 |
amount of money expended by the county, district, district | 1610 |
activity, or institution during the previous twelve calendar | 1611 |
months for the services of employees under this chapter. | 1612 |
(B) Each county auditor and each fiscal officer of a | 1613 |
district, district activity, and institution shall calculate on | 1614 |
the form it receives from the bureau under division (A) of this | 1615 |
section the premium due as its proper contribution to the public | 1616 |
insurance fund and issue a warrant in favor of the bureau for the | 1617 |
amount due from the county, district, district activity, or | 1618 |
institution to the public insurance fund according to the | 1619 |
following schedule: | 1620 |
(1) On or before the fifteenth day of May of each year, no | 1621 |
less than forty-five per cent of the amount due; | 1622 |
(2) On or before the first day of September of each year, no | 1623 |
less than the total amount due. | 1624 |
(C) The legislative body of any county, district, district | 1625 |
activity, or institution may reimburse the fund from which the | 1626 |
1627 | |
transferring to the fund from any other fund of the county, | 1628 |
district, district activity, or institution, the proportionate | 1629 |
amount of the | 1630 |
the fund, whether the fund is derived from taxation or otherwise. | 1631 |
The proportionate amount of the | 1632 |
to the fund may be based on payroll, relative exposure, relative | 1633 |
loss experience, or any combination of these factors, as | 1634 |
determined by the legislative body. | 1635 |
(1) The workers' compensation program payments of any county, | 1636 |
district, district activity, or institution may include any of the | 1637 |
following: | 1638 |
(a) All payments required by any bureau of workers' | 1639 |
compensation rating plan; | 1640 |
(b) Direct administrative costs incurred in the management of | 1641 |
the county, district, district activity, or institution's workers' | 1642 |
compensation program; | 1643 |
(c) Indirect costs that are necessary and reasonable for the | 1644 |
proper and efficient administration of the workers' compensation | 1645 |
program as documented in a cost allocation plan. The indirect cost | 1646 |
plan shall conform to the United States office of management and | 1647 |
budget circular A-87 "cost principles for state and local | 1648 |
governments," 2 C.F.R. 225, as most recently amended on May 10, | 1649 |
2004. The plan shall not authorize payment from the fund of any | 1650 |
general government expense required to carry out the overall | 1651 |
governmental responsibilities. | 1652 |
(2) Within sixty days before a legislative body changes the | 1653 |
method used for calculating the proportionate amount of the | 1654 |
1655 | |
consult with, and give information supporting the change to any | 1656 |
elected official affected by the change. A transfer made pursuant | 1657 |
to division (B)(2) of this section is not subject to section | 1658 |
5705.16 of the Revised Code. | 1659 |
| 1660 |
information provided by the county auditor and chief fiscal | 1661 |
officer under division (B) of this section, and if the bureau | 1662 |
determines at any time that the county, district, district | 1663 |
activity, or institution has not reported the correct information, | 1664 |
the administrator of workers' compensation may make deductions or | 1665 |
additions as the facts warrant and take those facts into | 1666 |
consideration in determining the current or future contributions | 1667 |
to be made by the county, district, district activity, or | 1668 |
institution. If the county, district, district activity, or | 1669 |
institution does not furnish the report in the time required by | 1670 |
this section, the administrator may fix the amount of contribution | 1671 |
the county, district, district activity, or institution must make | 1672 |
and certify that amount for payment. | 1673 |
| 1674 |
county, district, district activity, or institution that pays its | 1675 |
total amount due to the public insurance fund on or before the | 1676 |
fifteenth day of May of each year as its proper contribution for | 1677 |
premiums. The administrator shall base the discount provided under | 1678 |
this division on the savings generated by the early payment to the | 1679 |
public insurance fund. The administrator may provide the discount | 1680 |
through a refund to the county, district, district activity, or | 1681 |
institution or an offset against the future contributions due to | 1682 |
the public insurance fund from the county, district, district | 1683 |
activity, or institution. | 1684 |
| 1685 |
late payment of any amount due from a county, district, district | 1686 |
activity, and institution at the interest rate established by the | 1687 |
state tax commissioner pursuant to section 5703.47 of the Revised | 1688 |
Code. | 1689 |
Sec. 5101.01. (A) As used in the Revised Code, the | 1690 |
"department of public welfare" and the "department of human | 1691 |
services" mean the department of job and family services and the | 1692 |
"director of public welfare" and the "director of human services" | 1693 |
mean the director of job and family services. Whenever the | 1694 |
department or director of public welfare or the department or | 1695 |
director of human services is referred to or designated in any | 1696 |
statute, rule, contract, grant, or other document, the reference | 1697 |
or designation shall be deemed to refer to the department or | 1698 |
director of job and family services, as the case may be. | 1699 |
(B) As used in this chapter | 1700 |
(1) References | 1701 |
department of job and family services include | 1702 |
department of job and family services established under section | 1703 |
329.40 of the Revised Code. | 1704 |
(2) References to | 1705 |
include
| 1706 |
department of job and family services established under section | 1707 |
329.40 of the Revised Code. | 1708 |
Sec. 5705.392. (A) A board of county commissioners may adopt | 1709 |
as a part of its annual appropriation measure a spending plan, or | 1710 |
in the case of an amended appropriation measure, an amended | 1711 |
spending plan, setting forth a quarterly schedule of expenses and | 1712 |
expenditures of all appropriations for the fiscal year from the | 1713 |
county general fund. The spending plan shall be classified to set | 1714 |
forth separately a quarterly schedule of expenses and expenditures | 1715 |
for each office, department, and division, and within each, the | 1716 |
amount appropriated for personal services. Each office, | 1717 |
department, and division shall be limited in its expenses and | 1718 |
expenditures of moneys appropriated from the general fund during | 1719 |
any quarter by the schedule established in the spending plan. The | 1720 |
schedule established in the spending plan shall serve as a | 1721 |
limitation during a quarter on the making of contracts and giving | 1722 |
of orders involving the expenditure of money during that quarter | 1723 |
for purposes of division (D) of section 5705.41 of the Revised | 1724 |
Code. | 1725 |
(B)(1) A board of county commissioners, by resolution, may | 1726 |
adopt a spending plan or an amended spending plan setting forth | 1727 |
separately a quarterly schedule of expenses and expenditures of | 1728 |
appropriations from any county fund, except as provided in | 1729 |
division (C) of this section, for the second half of a fiscal year | 1730 |
and any subsequent fiscal year, for any county office, department, | 1731 |
or division that has spent or encumbered more than six-tenths of | 1732 |
the amount appropriated for personal services and payrolls during | 1733 |
the first half of any fiscal year. | 1734 |
(2) During any fiscal year, a board of county commissioners, | 1735 |
by resolution, may adopt a spending plan or an amended spending | 1736 |
plan setting forth separately a quarterly schedule of expenses and | 1737 |
expenditures of appropriations from any county fund, except as | 1738 |
provided in division (C) of this section, for any county office, | 1739 |
department, or division that, during the previous fiscal year, | 1740 |
spent one hundred ten per cent or more of the total amount | 1741 |
appropriated for personal services and payrolls by the board in | 1742 |
its annual appropriation measure required by section 5705.38 of | 1743 |
the Revised Code. The spending plan or amended spending plan shall | 1744 |
remain in effect for not more than two fiscal years | 1745 |
if the | 1746 |
division for which the plan was adopted is | 1747 |
1748 | |
1749 | |
plan shall not be in effect during a fiscal year in which that | 1750 |
elected official is no longer the administrator of that office, | 1751 |
department, or division. | 1752 |
(3) At least thirty days before adopting a resolution under | 1753 |
division (B)(1) or (2) of this section, the board of county | 1754 |
commissioners shall provide written notice to each county office, | 1755 |
department, or division for which it intends to adopt a spending | 1756 |
plan or an amended spending plan. The notice shall be sent by | 1757 |
regular first class mail or provided by personal service, and | 1758 |
shall include a copy of the proposed spending plan or proposed | 1759 |
amended spending plan. The county office, department, or division | 1760 |
may meet with the board at any regular session of the board to | 1761 |
comment on the notice, or to express concerns or ask questions | 1762 |
about the proposed spending plan or proposed amended spending | 1763 |
plan. | 1764 |
(C) Division (B) of this section shall not apply to any fund | 1765 |
that is subject to rules adopted by the tax commissioner under | 1766 |
division (O) of section 5703.05 of the Revised Code. | 1767 |
Sec. 6115.20. (A) When it is determined to let the work | 1768 |
relating to the improvements for which a sanitary district was | 1769 |
established by contract, contracts in amounts to exceed | 1770 |
thousand dollars shall be advertised after notice calling for bids | 1771 |
has been published once a week for five consecutive weeks | 1772 |
completed on the date of last publication or as provided in | 1773 |
section 7.16 of the Revised Code, in a newspaper of general | 1774 |
circulation within the sanitary district where the work is to be | 1775 |
done. The board of directors of the sanitary district shall let | 1776 |
bids as provided in this section or, if applicable, section 9.312 | 1777 |
of the Revised Code. If the bids are for a contract for the | 1778 |
construction, demolition, alteration, repair, or reconstruction of | 1779 |
an improvement, the board of directors of the sanitary district | 1780 |
shall let the contract to the lowest or best bidder who meets the | 1781 |
requirements of section 153.54 of the Revised Code. If the bids | 1782 |
are for a contract for any other work relating to the improvements | 1783 |
for which a sanitary district was established, the board of | 1784 |
directors of the sanitary district shall let the contract to the | 1785 |
lowest or best bidder who gives a good and approved bond, with | 1786 |
ample security, conditioned on the carrying out of the contract | 1787 |
and the payment for all labor and material. The contract shall be | 1788 |
in writing and shall be accompanied by or shall refer to plans and | 1789 |
specifications for the work to be done prepared by the chief | 1790 |
engineer. The plans and specifications at all times shall be made | 1791 |
and considered a part of the contract. The contract shall be | 1792 |
approved by the board and signed by the president of the board and | 1793 |
by the contractor and shall be executed in duplicate. In case of | 1794 |
emergency the advertising of contracts may be waived upon the | 1795 |
consent of the board with the approval of the court or judge in | 1796 |
vacation. | 1797 |
(B) In the case of a sanitary district organized wholly for | 1798 |
the purpose of providing a water supply for domestic, municipal, | 1799 |
and public use that includes two municipal corporations in two | 1800 |
counties, any service to be purchased, including the services of | 1801 |
an accountant, architect, attorney at law, physician, or | 1802 |
professional engineer, at a cost in excess of | 1803 |
dollars shall be obtained in the manner provided in sections | 1804 |
153.65 to 153.73 of the Revised Code. For the purposes of the | 1805 |
application of those sections to division (B) of this section, all | 1806 |
of the following apply: | 1807 |
(1) "Public authority," as used in those sections, shall be | 1808 |
deemed to mean a sanitary district organized wholly for the | 1809 |
purpose of providing a water supply for domestic, municipal, and | 1810 |
public use that includes two municipal corporations in two | 1811 |
counties; | 1812 |
(2) "Professional design firm," as used in those sections, | 1813 |
shall be deemed to mean any person legally engaged in rendering | 1814 |
professional design services as defined in division (B)(3) of this | 1815 |
section; | 1816 |
(3) "Professional design services," as used in those | 1817 |
sections, shall be deemed to mean accounting, architectural, | 1818 |
legal, medical, or professional engineering services; | 1819 |
(4) The use of other terms in those sections shall be adapted | 1820 |
accordingly, including, without limitation, for the purposes of | 1821 |
division (D) of section 153.67 of the Revised Code; | 1822 |
(5) Divisions (A) to (C) of section 153.71 of the Revised | 1823 |
Code do not apply. | 1824 |
(C) The board of directors of a district organized wholly for | 1825 |
the purpose of providing a water supply for domestic, municipal, | 1826 |
and public use may contract for, purchase, or otherwise procure | 1827 |
for the benefit of employees of the district and pay all or any | 1828 |
part of the cost of group insurance policies that may provide | 1829 |
benefits, including, but not limited to, hospitalization, surgical | 1830 |
care, major medical care, disability, dental care, vision care, | 1831 |
medical care, hearing aids, or prescription drugs. Any group | 1832 |
insurance policy purchased under this division shall be purchased | 1833 |
from the health care corporation that the board of directors | 1834 |
determines offers the most cost-effective group insurance policy. | 1835 |
Section 2. That existing sections 118.023, 118.06, 120.53, | 1836 |
305.171, 319.59, 329.01, 329.40, 329.41, 329.42, 329.43, 329.44, | 1837 |
329.45, 329.46, 330.04, 723.52, 723.53, 731.141, 735.05, 737.03, | 1838 |
749.26, 749.28, 749.31, 753.15, 755.29, 755.30, 2907.27, 3316.04, | 1839 |
3316.06, 3709.08, 3709.28, 3709.34, 3709.36, 4123.41, 5101.01, | 1840 |
5705.392, and 6115.20 and section 3709.081 of the Revised Code are | 1841 |
hereby repealed. | 1842 |