Current through all regulations passed and filed through September 16, 2024
(A) This Ohio public facilities commission
has adopted this rule, pursuant to and in compliance with division (F) of
section 121.22 of the Revised Code, for the purposes of establishing a
reasonable method for any person to determine the time and place of all
regularly scheduled meetings, and the time, place and purpose of all special
meetings, making provisions for giving advance notice of all special meetings
to the news media that have requested notification, and making provisions for
persons to request and obtain reasonable advance notification of all meetings
at which any specific type of public business is to be discussed. This rule is
in addition to any applicable legal requirements as to notices to members of
the commission and to designees, pursuant to section 151.02 of the Revised
Code, of such members.
(B) As used
in this rule the following terms have the indicated meanings:
(1) "Day" means calendar day.
(2) "Meeting" means any prearranged
discussion of the public business of the commission by four or more members, or
by any duly appointed committee of the commission at which meeting a majority
of the members of the committee are present.
(3) "Member" means member of the commission
or a designee of a member of the commission acting pursuant to section 151.02
of the Revised Code and the commission bylaws.
(4) "Oral notification" means notification
given orally either in person or by telephone, directly to the person for whom
such notification is intended, or by leaving an oral message for such person at
the address, or if by telephone at the telephone number, of such person shown
on the records kept by the secretary under this rule.
(5) "Post" means to post in an area
accessible to the public during the usual business hours at the office of the
secretary ("Rhodes State Office Tower, 30 East Broad Street, 34th floor,
Columbus, Ohio"), and to deliver to the clerk of the "Statehouse pressroom,
Capitol Building, Columbus, Ohio." The secretary may also post items on the
commission's page on the office of budget and management website
.
(6) "Published" means published once in a
newspaper having a general circulation in the city of Columbus, as defined in
section 7.12 of the Revised Code, except that no portion of such newspaper need
be printed in that city. If at the time of any such publication there is no
such newspaper of general circulation, then such publication shall be in a
newspaper then determined by the secretary to have the largest circulation in
that city.
(7) "Secretary" means
the secretary of the commission, being the director of budget and management,
or the assistant secretary appointed by the commission.
(8) "Special meeting" means a meeting which
is neither a regular meeting nor an adjournment of a regular or special meeting
to another time or day to consider items specifically stated on the original
agenda of such regular or special meeting.
(9) "Written notification" means notification
in writing mailed, faxed, emailed or delivered to the address of the person for
whom such notification is intended as shown on the records kept by the
secretary under this rule, or in any way delivered to such person. If mailed,
such notification shall be mailed by first-class mail, deposited in a U.S.
postal service mailbox no later than the fourth day preceding the day of the
meeting to which such notification refers.
(C) Any person may determine the time and
place of all then known regular meetings, the time, place, and purposes of all
then known special meetings, and whether the available agenda of any future
meeting states that any specific type of public business, identified by such
person, is to be discussed at such meeting, by:
(1) Writing to: "Secretary, Ohio Public
Facilities Commission, c/o Director of Budget and Management, Rhodes State
Office Tower 30 East Broad Street, 34th floor Columbus, Ohio
43266-0411."
(2) Telephoning the
office of budget and management, during its normal business hours, at
614-466-4034 or 614-752-2577.
(3)
Consulting the bulletin board located in the public reception area at the
office of budget and management, "Rhodes State Office Tower, 30 East Broad
Street, 34th floor, Columbus, Ohio, or consulting the clerk of the Statehouse
pressroom, Capitol Building, Columbus, Ohio."
(4) Consulting the commission's page on the
office of budget and management website .
(D) The secretary shall post a
statement of the times and places of then known regular meetings not later than
the second day preceding the day of each regular meeting. If at any time the
time or place of any regular meeting is changed, a statement of the time and
place of such changed regular meeting shall be so posted by the secretary at
least twenty-four hours before the time of such changed regular
meeting.
(E) Upon the adjournment
of any regular or special meeting to another day, the secretary shall promptly
post notice of the time and place of such adjourned meeting.
(F) Except in the case of a special meeting
referred to in paragraph (I)(5) of this rule, the secretary shall, no later
than twenty-four hours before the time of a special meeting, post a statement
of the time, place and purposes of such special meeting. In the case of a
special meeting as referred to in paragraph (I)(5) of this rule, the secretary
shall immediately post a statement of the time, place and purposes of such
special meeting.
(G) The statement
under paragraph (F) of this rule and the notifications under paragraph (I) of
this rule shall state such specific or general purpose or purposes then known
to the secretary to be intended to be considered at such special meeting and
may state, as an additional general purpose, that any other business as may
properly come before the commission or its committee at such meeting may be
considered and acted upon.
(H) In
addition to or in lieu of the posting of the statement as provided in
paragraphs (D), (E) and (F) of this rule, the secretary may cause to be
published once, no later than twelve hours prior to the time of the meeting
referred to, a statement of the time and place of such regular meeting or the
time, place and purposes of such special meeting.
(I) Any news media organization that desires
to be given advance notification of special meetings shall file with the
secretary a written request therefor. The secretary shall maintain a current
list of all news media that have requested such advance notification.
(1) Except in the event of an emergency
requiring immediate official action as referred to in paragraph (I)(5) of this
rule, a special meeting shall not be held unless at least twenty-four hours
advance notice of the time, place and purposes of such special meeting is given
to the news media that have requested such advance notification in accordance
with paragraph (I)(2) of this rule.
(2) News media requests for such advance
notification of special meetings shall specify: the name of the medium; the
name and address (and, if applicable, the facsimile (FAX) number or email
address) of the person to whom written notifications to the medium may be
mailed, faxed, emailed or otherwise delivered; and the names, addresses and
telephone numbers (including addresses and telephone numbers and, if
applicable, the facsimile (FAX) number or email address at or to which
notifications may be given either during or outside of business hours) of at
least two persons to either one of whom oral notifications to be medium may be
given.
(3) Any such request shall
be effective for one year from the date of the filing with the secretary or
until the secretary receives written notice from such medium cancelling or
modifying such request, whichever is earlier. Each requesting news medium shall
be informed of such period of effectiveness at the time it files its request.
Such requests may be modified or extended only by filing a complete new request
with the secretary. A request shall not be deemed to be made unless it is
complete in all respects, and such request may be conclusively relied on by the
commission and the secretary.
(4)
The secretary shall give such oral notification or written notification, or
both, as the secretary determines, to the news media that have requested such
advance notification in accordance with paragraph (I)(2) of this rule, of the
time, place and purposes of each special meeting, at least twenty-four hours
prior to the time of such special meeting.
(5) In the event of an emergency requiring
immediate official action, a special meeting may be held without giving
twenty-four hours advance notification thereof to the requesting news media.
The persons calling such meeting, or any one or more persons or the secretary
on their behalf, shall immediately give oral or written (including by facsimile
(FAX) or email) notification, or both, as the person or persons giving such
notification determine, of the time, place and purposes of such special meeting
to such news media that have requested such advance notification in accordance
with paragraph (I)(2) of this rule. The minutes or the call, or both, of any
such special meeting shall state the general nature of the emergency requiring
immediate official action.
(J) Any person, upon written request and as
provided herein, may obtain reasonable advance notification of all meetings at
which any specific type of public business is scheduled to be discussed.
(1) Such person may file a written request
with the secretary specifying: the person's name, and the address(es) and
telephone number(s) (including, if applicable, the facsimile (FAX) number or
email address) at or through which the person can be reached during and outside
of business hours; the specific type of public business the discussion of which
the person is requesting advance notification; and the number of calendar
months (not to exceed twelve) which the request covers. Such request may be
cancelled by request from such person to the secretary.
(2) Each such written request under paragraph
(J)(1) of this rule requesting written notification by first class mail shall
be accompanied by stamped self-addressed envelopes sufficient in number to
cover the number of meetings during the time period covered by the request. The
secretary shall notify in writing the requesting person when the supply of
envelopes is running out; if the person desires notification after such supply
has run out, such person must deliver to the secretary an additional reasonable
number of stamped self-addressed envelopes as a condition to receiving further
notifications.
(3) There shall be
no fee charged for such notification.
(4) Such requests may be modified or extended
only by filing a complete new request with the secretary. A request shall not
be deemed to be made unless it is complete in all respects, and such request
may conclusively relied on by the commission and the secretary.
(5) The secretary shall maintain a current
list of all persons who have requested notification under paragraph (J) of this
rule. The secretary shall if possible give such advance notification under
paragraph (J) of this rule by written notification. If such written
notification cannot be given or has not been given, the secretary shall give
oral notification.
(6) Written
notification of commission meetings under paragraph (J)(5) of this rule may be
accomplished by giving advance written notification by copies of the agendas of
those meetings of the commission.
(K) Any notification or action provided
herein to be given or taken by the secretary may be given or taken by any other
person acting in behalf of or under the authority of the secretary.
(L) A reasonable effort at notification shall
constitute notification in compliance with this rule.
(M) At the commencement of each meeting, the
secretary, or any member, shall submit a certificate of the secretary as to
compliance with this rule as to notice and notification. Such certificate shall
be conclusive upon the commission (and, if applicable, its committee) as to the
facts set forth in it, and shall be conclusive evidence as to the facts set
forth therein upon which all persons can rely that this rule has been complied
with.
