Ohio Administrative Code
Title 4911 - The Office of the Ohio Consumers' Counsel
Chapter 4911-1 - Governing Board
Section 4911-1-01 - Governing board bylaws
Universal Citation: OH Admin Code 4911-1-01
Current through all regulations passed and filed through September 16, 2024
(A) Governing board composition.
(1) The governing board shall be comprised of
nine members. Three governing board members shall represent labor; three shall
represent residential consumers; and three shall represent family farmers.
(2) No more than five members of
the governing board may be members of the same political party.
(3) A majority of the governing board members
constitutes a quorum. No action shall be taken without the concurrence of a
majority of the full membership of the governing board.
(B) Governing board appointment/term.
(1) Governing board members shall be
appointed by the attorney general with the advice and consent of the senate.
(2) The terms of office for
governing board members shall be for three years. Three terms of office, one
each from labor, residential consumers, and family farmers, shall end on
September first every year.
(3)
Each governing board member shall hold office from the date of his/her
appointment until the end of the term for which he/she was appointed, unless
the member is, for any reason unable to serve until the completion of his/her
term.
(4) Any governing board
member appointed to fill a vacancy occurring prior to the expiration of the
term for which his/her predecessor was appointed shall hold office for the
remainder of such term.
(5) Any
governing board member shall continue in office subsequent to the expiration
date of the member's term until his/her successor takes office.
(6) A governing board member who fails to
attend at least three-fifths of the regular and special meetings held by the
governing board, as defined in paragraph (H) of this rule, during any two-year
period shall forfeit his/her position on the governing board, pursuant to
section
3.17
of the Revised Code.
(7) If a
governing board member fails to attend at least three-fifths of the regular and
special meetings held by the governing board, as defined in paragraph (H) of
this rule, during any fourteen-month period, the governing board shall vote at
its next regularly scheduled meeting whether to recommend to the attorney
general that the member should be removed from or not reappointed to his/her
position.
(C) Governing board responsibilities.
(1) The governing
board shall appoint the consumers' counsel. The governing board shall determine
the salary of the consumers' counsel in accordance with section
4911.07 of the Revised
Code.
(2) If the governing board
determines that the appointment of a deputy consumers' counsel is necessary to
ensure the full and proper performance of the powers and duties of the
consumers' counsel, the governing board may appoint a deputy consumers'
counsel, and the deputy shall perform the assigned duties and powers. The
deputy consumers' counsel shall report to the governing board on all matters
assigned to him/her by the governing board, and shall serve at the pleasure of
the governing board. The consumers' counsel may assign duties to the deputy
consumers' counsel, unless such duties would be inconsistent with any duties
assigned by the governing board. The governing board may appoint an employee of
the office of the Ohio consumers' counsel as deputy consumers' counsel. The
governing board shall determine the salary of the deputy consumers' counsel.
If a deputy consumers' counsel is appointed, the consumers' counsel shall not perform the duties and powers that are assigned by the governing board to the deputy.
(3) The governing board shall submit to the
general assembly no later than the first day of April, annually, a report
outlining the expenditures of the office of the Ohio consumers' counsel, a full
record of participation in any and all proceedings, and an outline of other
relevant activities of the office.
(4) Each governing board member shall submit
a completed financial disclosure statement to the Ohio ethics commission on or
before April fifteenth every year.
(D) Governing board chairperson/vice-chairperson selection.
(1)
The governing board shall annually select from among its membership a
chairperson and a vice-chairperson.
(2) The selection of chairperson and
vice-chairperson shall be made at the first governing board meeting of each
calendar year.
(3) Unless removed
from office or replaced as a member of the governing board, the term of office
for the chairperson and vice-chairperson shall be until the first meeting of
the governing board held the following calendar year.
(4) If the chairperson or vice-chairperson is
removed from office, replaced as a member of the governing board, or otherwise
relinquishes his/her position as chairperson or vice-chairperson, the governing
board shall select from among its membership a new chairperson or
vice-chairperson at the next regular governing board meeting.
The term of office for the new chairperson or vice-chairperson shall be until the first meeting of the governing board held the following calendar year.
(E) Governing board chairperson/vice-chairperson responsibilities.
(1) The chairperson of the governing board
shall preside over the meetings of the governing board, schedule meetings of
the governing board, cause notice of the meetings to be sent to members of the
governing board and to those members of the public and news media who have
requested notice, and perform such other duties as required to enable the
members of the governing board to perform their duties.
(2) If the chairperson is not present at a
meeting, the vice-chairperson shall assume the duties of the chairperson. The
vice-chairperson may appoint another member of the governing board to assume
temporarily the duties of the vice-chairperson.
(3) The chairperson of the governing board
shall sit on the public utilities commission nominating council.
(F) Governing board meetings.
For the purpose of these bylaws, the term "meeting" shall mean any prearranged discussion of the public business of the governing board by a majority of its members.
(1) The
governing board shall conduct regular meetings at least every third month. The
governing board shall set the dates of the regular meetings for the following
calendar year at the last regular meeting of each calendar year.
(2) Special meetings may be held at the
request of a majority of the full membership of the governing board or upon the
call of the chairperson.
(3) All
meetings of the governing board shall be open to the public at all times,
unless the subject matter is specifically excepted by law. Governing board
members shall conduct all deliberations upon official business only in open
meetings, unless the subject matter is specifically excepted by law.
(4) All resolutions, rules, or formal action
of any kind shall be adopted in an open meeting of the governing board. A
resolution, rule, or formal action adopted in an open meeting that results from
deliberations in a meeting not open to the public is invalid unless the
deliberations were for a purpose specifically authorized under division (G) of
section
121.22
of the Revised Code and conducted at an executive session held in compliance
with that section.
(5) A governing
board member must be present in person at a meeting open to the public to be
considered present or to vote at the meeting and for purposes of determining
whether a quorum is present at the meeting.
(6) The minutes of a regular or special
meeting of the governing board shall be promptly prepared, filed and maintained
and shall be open to public inspection. The minutes need only reflect the
general subject matter of discussions in executive sessions authorized under
division (G) of section
121.22
of the Revised Code.
(7) The
governing board may hold an executive session for the sole purpose of the
consideration of a matter contained in division (G) of section
121.22
of the Revised Code. Such executive session may be held only at a regular or
special meeting for which notice has been given in accordance with these bylaws
and only after a majority of a quorum of the governing board determines, by
roll call vote, to hold such a session.
Pursuant to division (G) of section 121.22 of the Revised Code, the governing board may hold an executive session for the following matters:
(a) To consider
the appointment, employment, dismissal, discipline, promotion, demotion, or
compensation of a public employee or official, or the investigation of charges
or complaints against a public employee, official, licensee, or regulated
individual, unless the public employee, official, licensee, or regulated
individual requests a public hearing. If the governing board holds an executive
session pursuant to division (G)(1) of section
121.22
of the Revised Code, the motion and vote to hold that executive session shall
state which one or more of the approved purposes listed are the purposes for
which the executive session is to be held, but need not include the name of any
person to be considered at the meeting;
(b) To consider the purchase of property for
public purposes, or for the sale of property at competitive bidding, if
premature disclosure of information would give an unfair competitive or
bargaining advantage to a person whose personal, private interest is adverse to
the general public interest. No member of the governing board shall use this
division as a subterfuge for providing covert information to prospective buyers
or sellers. A purchase or sale of public property is void if the seller or
buyer of the public property has received covert information from a member of a
public body that has not been disclosed to the general public in sufficient
time for other prospective buyers and sellers to prepare and submit offers.
If the minutes of the governing board show that all meetings and deliberations of the governing board have been conducted in compliance with this section, any instrument executed by the governing board purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with this section insofar as title or other interest of any bona fide purchasers, lessees, or transferees of the property is concerned;
(c) Conferences with an attorney
for the governing board concerning disputes involving the governing board that
are the subject of pending or imminent court action;
(d) Preparing for, conducting, or reviewing
negotiations or bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(e) Matters required to be kept confidential
by federal law or rules or state statutes; and
(f) Details of security arrangements or
emergency response protocols for a public body or public office where
disclosure of the matters discussed could reasonably be expected to jeopardize
the security of the public body or public office.
If the governing board holds an executive session to consider any of the matters listed in divisions (G)(2) to (G)(6) of section 121.22 of the Revised Code, the motion and vote to hold that executive session shall state which one or more of the approved matters listed in those divisions are to be considered at the executive session.
(G) Public comment.
The governing board may allot a portion of any regular or special meeting to public comment.
(H) Types of meetings.
(1) A regular meeting is one that is held at
prescheduled intervals.
(2) A
special meeting is any meeting other than a regular meeting.
(3) An emergency meeting is a special meeting
that requires immediate official action of the governing board.
(I) Notice of meetings.
(1) Any person may inquire as to the time and
place of all regular meetings and the time, place, and purpose of all special
meetings of the governing board by telephoning (614) 466-8574 or (877) 742-5622
for a response by the office of the Ohio consumers' counsel, or by accessing
the website of the office of the Ohio consumers' counsel.
(2) Any person may receive notice of the time
and place of all regular meetings and the time, place, and purpose of all
special meetings of the governing board by submitting a written request to:
"Governing Board, Office of the Ohio Consumers' Counsel, 10 West Broad Street,
Suite 1800, Columbus, Ohio 43215-3485." Requests shall include the name,
address, and telephone number of the person making the request. Any person who
requests to receive meeting notices by facsimile shall include his/her
facsimile telephone number. Any person who requests to receive meeting notices
by electronic mail shall include his/her e-mail address.
(3) Notices of regularly scheduled meetings
shall be mailed, faxed and/or e-mailed, according to whichever method of
delivery the recipient chooses, not less than five calendar days prior to the
date of the start of the meeting to those persons who have requested to receive
notice.
(4) If a special meeting
of the governing board is scheduled, notice of the meeting shall be mailed,
faxed and/or e-mailed, according to whichever method of delivery the recipient
chooses, not less than five calendar days prior to the date of the start of the
meeting or will be made by telephone no later than twenty-four hours prior to
the start of the special meeting to those persons who have requested to receive
notice. Calls will be made during the normal business hours of the office of
the Ohio consumers' counsel. Such notice shall be complete if a message has
been left with a representative of the person to whom notice is being provided
or if a message is left on the person's voice messaging system.
(5) Members of the news media who wish to be
notified if an emergency meeting of the governing board is scheduled should
indicate on their request that they are a member of the news media, the news
agency that they represent, and a request to be notified when an emergency
meeting is scheduled. Notice of emergency meetings will only be given to one
representative of any particular news agency. Notification will include the
time, place and purpose of the emergency meeting.
(6) If an emergency meeting of the governing
board is scheduled, immediate notice of the meeting will be made by telephone,
fax and/or e-mail, according to whichever method of delivery the recipient
chooses, to members of the news media who have requested notification. Calls
will be made during the normal business hours of the office of the Ohio
consumers' counsel. Such notice shall be complete if a message has been left
with a representative of the person to whom notice is being provided or if a
message is left on the person's voice messaging system.
(7) The chairperson of the governing board
may request that persons and members of the news media verify in writing that
they wish to remain on the list of persons notified of regular or special
meetings of the governing board. The governing board shall not make such a
request more than once per year.
(J) Committees.
From time to time, the board may establish and disband such sub-committees, as it deems necessary to carry out its work in an efficient and appropriate manner. The meetings of such sub-committees shall be conducted in accordance with these bylaws and the open meetings requirements set forth in section 121.22 of the Revised Code.
(K) Governing board compensation.
Members of the board shall be compensated pursuant to section 4911.17 of the Revised Code.
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