IN THE SUPREME COURT OF OHIO
State of Ohio ex rel. American Civil Liberties Union of Ohio, Inc., 4506 Chester Avenue Cleveland, OH 44103 Case Number: ^^ Relator, Original Action in V. Mandamus
Cuyahoga County Board of County Commissioners, Timothy Hagan, Commissioner, Jimmy Dimora, Commissioner, Peter Lawson Jones, Commissioner, Cuyahoga County Administration Building 1219 Ontario Street, 4th Floor Cleveland, Ohio 44113,
Cuyahoga County Transition Advisory Group, James McCafferty, TAG Member, Cuyahoga County Administration Building 1219 Ontario Street, 4th Floor Cleveland, Ohio 44113 Gary Ilolland, TAG Member, Department of Justice Affairs Administration 310 West Lakeside Avenue, Suite 795A Cleveland, Ohio 44113 Joseph Nanni, TAG Member, Cuyahoga County Board of County Commissioners Office of Human Resources 1219 Ontario Street, Room 417 Cleveland, Ohio 44113
Cuyahoga County Transition Executive Committee, James McCafferty, Co-Chair, ) Cuyahoga County Administration ) Building 1219 Ontario Street, 4th Floor Cleveland, Ohio 44113 Martin Zanotti, Co-Chair, Republic Alternative Technologies 11288 Alameda Drive Strongsville, Ohio 44149 Randy McShepard, Member, RPM International, Inc. 2628 Pearl Road P.O. Box 777 Medina, Ohio 44258 aerry Sue Thornton, Member, Cuyahoga Community College Office of the President 700 Carnegie Avenue Cleveland, OH 44115 Alexander M. "Sandy" Cutler, Member, Corporate Headquarters Eaton Corporation Eaton Center 1111 Superior Avenue Cleveland, OH 44114-2584 Tom Zenty, Member, Office of the CEO University Hospitals of Cleveland 11100 Euclid Ave. Cleveland, OH 44106-1736 Frank Jackson, Member, Office of the Mayor Cleveland City l3all 601 Lakeside Ave. Cleveland, Ohio 44114 Jose Feliciano, Member, Baker Hostetler PNC Center 1900 East 9th Street, Suite 3200 Cleveland, OH 44114-3482
Respondents.
COMPLAIN'I' FOR AN ORIGINAL WRIT OF MANDAMUS
2 Carrie L. Davis (0077041), Staff Counsel *Lead Counsel James L. I3ardiman (0031043), Legal Director Angcla M. Barstow (0084870), Staff Attorney Melvyn Durchslag (0024750), Cooperating Counsel Michael T. Honohan (0014082), Cooperatinig Counsel Brian J. Laliberte (0071125), Cooperating Counsel American Civil Liberties Union of Ohio, Inc. Max Wolil Civil Liberties Center 4506 Chester Avenue Cleveland, O144103 Phone: 216-472-2220 Fax: 216-472-2210 Counsel for Relator American Civil Liberties Union Of Ohio, Inc.
3 JURISDICTION
1. 'I'his is an original action for a writ of mandamus, as well as foi- ancillary relief, to compel Respondents to comply with their obligations under the Public Records Act, R.C. 149.43, et seq., and the Open Meetings Act, R.C. 121.22, et seq., to make available to Relator public records and ineeting minutes of the various county governnient transition committees and workgroups established by the County to fiilfill its responsibilities under Section 13.07 of the new Cuyahoga County Charter.
2. Collectively, all named Respondents are participants in the Cuyahoga Coimty government's transition to a new charter forin of government, unde- the charter adopted by county voters in November 2009. The Board of County Conimissioners is the ontgoing head of county governnrent. The charter required the Board of Commissioners to appoint a Transition
Advisory Group (TAG) to oversee and guide the county's transition to the new form of goverroment. The TAG, in turn, created a variety of committees and workgroups to aid them in overseeing the county government transition. TAG created an Executive Committee to oversee the work of the various transition committees and workgroups, and the Executive Committee then reports on the various eommittees' activity to the TAG.
3. Respondents have collectively claimed that the various county government transition
committees - to wit, the Transition Executive Committee and all committees, subcommittees,
and workgroups under them -- are not "public bodies" subject to the Sunshine Laws and have
refused, in violation of their legal obligations, to comply with Respondent's requests under R.C.
149.43 and R.C. 121.22.
4. 'lhis Court has jurisdiction oi'the action under Article IV, section 2, of the Constitution of
Ohio, and under R.C. 149.43(C) and 2731.02.
4 PARTIES
5. Relator, the Ameriean Civil Liberties Union of Ohio, Inc. ("ACLU of Ohio") is a non- profit, non-pariisan membeiship organization incorporated in the state of Ohio in 1971, and has corporate and associational standing to bring the claims asserted herein. The ACLU of Ohio has
8,128 dues p y ng meinbers statewide, 1,538 of whom reside in Cuyahoga County. Membership in the organization is available to anyone for minimum dues of US $20.00 annually. Members of the ACLU of Ohio support its mission which is to protect and defend civil liberties. As such, members are civic activists with a strong interest in government transparency and accountability.
6. Respondent, Cuyahoga County Board of Conimissioners is, and at all titnes relevant hereto was, a quasi-corporation, a body coiporate and politic, the elected governing authority and policy setting arin of Cuyahoga County, Ohio, charged, inter alia, under Section 13.07 of 1he
Cuyahoga County Charter with selecting three scnior county administration officials to act as the
Transition Advisory Group ("TAG") of Cuyahoga County, providing necessary facilities and support for t11e 1'AG, and making provision in the County budget for matters necessary for the transition. For all pinposes herein, the Cuyahoga County Board of Commissioners is a "public body" witllin the meaning of R.C. 149.011 and R.C. 121.22(B).
7. Respondents, 'fimothy F. Hagan, Jimmy Dimora, and Peter Lawson.lones, are, and at all times relevant hereto were, members of the Cuyahoga County Board of Commissioners
("County Board"), a body corporate and politic that is the elected governing authority and policy setting arm of Cuyahoga County, Ohio, charged, inter alia, under Section 13.07 of the Cuyahoga
County Charter with selecting three senior county administration officials to act as the Transition
Advisory Group ("TAG") of Cuyahoga County, providing necessary facilities and support for
5 the TAG, and making provision in the County budget for matters necessary for the transition.
They are sued herein in their official capacities.
8. Respondent, Cuyahoga County Transition Advisory Group ("1'AG") is, and at all times relevant hereto was, a body corporate and politic, the appointed authority and recommendation- making arm of Cuyahoga County, Ohio, charged, inter alia, under Section 13.07 of the Cuyahoga
County Charter with developing recommendations for the orderly and efficient transition to the operation of the new County government under the provisions of the Charter and working with the newly elected County officials who will take office in 2011 pursuant to the Charter. For all purposes herein, the TAG is a"public body" within the meaning of R.C. 149.011 and R.C.
121.22(B).
9. Respondents, James McCafferty, Gary Ilolland, and.loseph Nanni, are, and all times relevant hereto were, members of the TAG,charged, inter alia, under Section 13.07 of the
Cuyahoga County Chai-ter with developing recomrnezdations for the orderly and efficient transition to the operation of the new County government mider the provisions of the Charter and working with the newly elected County officials wlio will take office in 2011 pursuant to the
Charter. They are sued herein in their official capacities.
10. Respondent, Cuyahoga County'1'ransition Executive Committee ("Executive
Coinmittee") is, and at all times relevant bereto was, a committee created by the TAG and delegated duties of the TAG, as a recommendation-making arm of C'uyahoga County, Ohio, charged, inter alia, under Section 13.07 of the Cuyahoga County Charter with developing recorrunendations for the orderly and efficient trausition to the operation of the new County
government under the provisions of the Charter and working with the newly elected County
officials who will take office in 2011 pursuant to the Charter. For all purposes herein, the
6 Executive Committee is a"public body" within the nieaning of R.C. 149.011 and R.C.
121.22(B).
11. Respondents, Janies MeCafferty, Martin Zanotti, Randy McShepard, Jerry Sue T'hornton,
Saaidy Cutler, Tom Zenty, Frank Jackson, and Jose Feliciano, are, and all times relevant hereto
were, members of the Executive Committee, charged, inter alia, under Section 13.07 of the
Cuyahoga County Charter with developing recommendations for the orderly and efficient
transition to the operation of the new County government under the provisions of the Charter and
working with the newly elected County officials who will take office in 2011 pursnant to the
Charter. They are sued herein in theiroffrcial capacities.
FACTS
THF,CHARTER
12. In November of 2009, the Cuyahoga County electorate voted to adopt a County Charter
(hereinafter "the Charter"). The Charter provides for several changes to Cuyahoga County
govermnent, including replacing Cuyahoga's three (3) member Board of County Commissioners
with an elected County Executive and aai elected County Council, changing several currently
elected county officials into appointed offices, and reorganizing or eliminating certain county
departments. A true and accurate copy of the Charter is attached to the Affidavit of Relator
accompanying this Complaint.
13. Section 12.05 of the Charter, titled "Meetings of Governmental Bodies to be Public"
states: "All meetings of the Council and any conimittee, board, commission, agency or authority
of the County, as well as any similar body created by this Charter or by the Council, shall be
open to the public as provided by general law."
7 14. Section 12.06 of the Charter, titled "Records of Governmental Bodies to be Public" states: "Records of the County sha11 be open to the public as provided by general law."
15. Section 13.07 of the Charter, titled "`fransition Advisory Group" calls for the creation of the "I'AG, establishes the 1'AG's statutory duties under the Charter, instructs the Board of
Commissioners to provide funding for the transition, and instructs all County officials and employees to cooperate with the TAG in performing its duties.
CREATIONOFTHE'1'RANSITIONCOMMI'I'TEES
16. On December 16, 2009, TAG, along with New Cuyahoga Now and Greater Cleveland
Partnership, two Cuyahoga-area entities that advocated for the Charter's adoption during the
Noveniber 2009 election, sent out a joint news release, a true and accurate copy of which is attached to the Affidavit of Relator accompanying this Complaint.
17. The news release stated that TAG was preparing to delegate its Charter-mandated responsibilities to "at least eight working groups". According to the news release, the eommitteesi would "examinc core operational areas such as Gnanee, hmnan resources, and human services." The news release also documents that 1'AG ensured a continued county involvement in the process by making sure the conunittees consisted of county employees as well as comtnunity volunteers.
18. TAG did in fact create twelve committees: '1'ransition Exccutive Committee, Public
Engagement, County Govennnent Collaboration, Finance/Administration, Justice Services,
Hunlan Services, IIunian Resources, lnformation'1'eclmology, Procurement and Public Works,
County Council Planning, Boards and Commissions, and Economic Developn2ent.
' The Respondents have tised the terms "conImittee" and "work group" interchangeably in referring to the groups created.
8 19. 'TAG appointed co-chaits to head each committee and designated that every committee have a county employee as one of the co-chairs.
20. County employees established the structure for the 7'ransition including the committees
that were created to make the process more manageable. Josepli Nanni, Joanne Gross and Gary
Holland, all of whom are CoLmty employees, exchanged a number of emails establishing the
TAG committees.
21. As per a document of December 22, 2009, the committees' tasks and charges were
approved by the County. A true and accurate copy of the docuinent is attached to the Affidavit oi'
Relator accompanying this Complaint.
COUNTY RESOURCES SUPPORTING 1'HR TRANSI'1'ION
22. The Charter mandates that County employees assist the TAG with the transition. Section
13.07 of the Charter states, "All County officials and employees shall cooperate with the
"I'ransition Advisory Group by providing such infonnation and documetrts as the Transition
Advisory Group shall request in connection with the performance of its duties under this section
and sliall use their best effot-ts to assist the newly elected County officials and their designees and
representatives in implementing the transition."
23. Cuyahoga County provides a variety of information technology and other support
services to the transition committees.
24. Ctryahoga County hosts a website, httu://charter.cuyaho acounty.us/en-US/home.asnx
(hereinafter "County Transition Website"), for the various transition bodies - including the TAG,
Bxecutive Committee, subcommittees and workgroups. The TAG website is maintained by
Cuyahoga County Information Services Center.
9 25. The County Transition Website makes available the Charter, information about thc TAG, information about the Executive Cotnmittee, niformation about the subcommittees and workgroups, agendas and mhlutes from meetings that occurred begimiing in February 2010, and various other information related to the transition.
26. The County Transition Website publishes a full list of the conmlittees and
subcommittees, including both their respective County employee members and non-county
employee membes. The Websile also publishes meeting schedules and minutes for the
committees and subcommittees.
27. The County Transition Website also lras information for people wishing to volunteer to
help with the transition process, http•//www charter cuyahoQaeountv us/en-US/fact.aspx. "I'he
website explains what work the volunteers are charged witli doing: "Volunteers will be
encorn•aged to work in the nine established workgroups with an expectation that a thorough
review of county government will lead to recommendations or endorsement of best practices,
cost saving measures or proposed priorities for the elected and appointed administrators and
council."
28. People volunteer to participate in the 1'ransition via a form developed by Cotmty
employees and placed on the County 7'ransition Website. The County Transition Website itself
was developed and administered by Debbie Davtovich, Administrator of the Cuyahoga County
Infortnation Services Centcr.
29. An email from Nanni to Gross, McCafferty, and Holland, datcd February 17, 2010,
itidicates that TAG deemed its duties to be too significant to be completed without assistance and
determined that not only should committees be formed, but that a county employee should sit as
a co-chair for each group. In the email Nanni states that, "[t]his is a grand undertaking so there
10 was a structureestablished [sic] that divided the process nito more manageable work groups with bothcounty [sic] and community co-chair representation." A true and accurate copy of the referenced email is attached to the Affidavit of Relator accompanying this Complaint.
30. County employees sit as co-chairs on nearly every committee formed undcr TAG.
According to the county transition website, there are a total of twelve primary sub-conimittees formed from TAG, and all but two of these committees have a cotimty employee as a co-chair.
31. County eniployees are also available to take meeting minutes and provide otlier support
to the cominittees.
SUNSHINR VIOLATIONS
32. On February 9, 2010, Martin Zanotti and James McCafferty appeared on a local public
radio show, the "Sound of Ideas" on WCPN 90.3FM, to discuss the Cuyahoga County transition.
During the show, they stated that transition coinmittee meetings would not be open to the public.
A podcast of the WCPN broadcast is available online at ht1p://www.wcpn.or r W CPNlsoil29628,
and a true and accurate copy of WCPN and the Plain Dealer's report on the broadcast is attaclied
to the Affidavit of Relator accompanying this Complaint.
33. On February 10, 2010, in an article in a Cleveland weekly alternative newspaper, Scene,
McCafferty acknowledged that some of the committees had in fact already held closed-door
meetings. A true and accurate copy of the Scene article is attached to tlie Affidavit of Relator
accompanying this Complaint.
34. The revelations of February 9, 2010 and February 10, 2010, by TAG and Executive
Comnaittee members that they had and would continue to meet in secret met with great resistance
irom the public.
11 35. On February 11, 2010, TAG contradicted itself; stating in a press release that it would reaffirm "the importance of trwisparency and openness to the formation of a new county
government by opening a11 work group meetings to the public." A trae and accurate copy of the
February 11, 2010 press release is attached to the Affidavit of Relator accompanying this
Complaint.
36. On February 17, 2010, Relator sent a public records request to Respondents the Board of
Commissioners, TAG, the Executive Committee, and their subcommittees requesting documents
and records regarding past meetings of the TAG, Executive Conimittee, and subcommittees
which had been held in private. In addition, Relator requested records on the establishinent of the
committees and subcommittees, how the committee members had been selected, when the
members of each committee had completed the public records training required for elected
officials and their designees pursuant to R.C. 109.43, and all records from past meetings and
correspondence.
37. On March 5, 2010, the Office of the Cuyahoga County Prosecutor sent a letter,
presuniably on behalf of all oi'the Respondents idcntified in paragraph 34, supra, in reply to
Relator's records request. Many of the documents requested were not provided for the reasons
hereinafter stated. A true and accurate copy of the March 5, 20101etter is attached to the
Affidavit of Relator accompanying this Complaint.
38. In the Prosecutor's aforesaid response (hereinafter "Lambert's Reply"), Civil Division
Chief David G. Lambert stated that Relator's request for records of the Executive Committee,
committees and subcommittees was not a proper records request because "TAG did not create or
form such workgroups."
12 39. Contrary to the Prosecutor's aforesaid assertions, the County, TAG, and the Executive
Committee, were and continue to be intimately involved in all phases of the creation, financial
support, and direction of the working groups to which the document request had been made, as
alleged in this Complaint.
40. The Prosecutor's contention is also in direct coiifliet with TAG's December 16, 2009
joint press release which states, "TAG has begun preparing a baseline programmatic and fiscal
assessment of all Cnyalioga County government. At least eight working groups are being formed
to examine core operational areas." The press release goes on to say that, "[New Cuyahoga Now]
and the [Greater Cleveland Partnership] will assist TAG in identifying leaders and members of
these task forces"
41. TAG's website also contains extensive inforniation regarding the namc of each
subcommittee, the job each subcommittee was charged with doing and how subcommittee
volunteers were chosen.
42. Lambert's reply to Relator's record's request also states that the subcommittees have not
been organized by TAG, rather, they have been formed by individuals who have "loosely
organized themselves into groups to provide public participation in the process under a
'I'ransition Executive Committee." However, as illustrated above, this contention is in conflict
with'1'AG's words in the joint press release and with the infoiniation on the County's transition
website.
43. Lambert's reply also contends that, in his opinion, "such voluntary, private groups are not
public bodies, and thus the requirements of Ohio's Public Records Law does [sic] not apply to
them." This assertion is belied by the facts; to wit: Cuyahoga County eniployees have a
significant involvement with each of the committees and subcommittees; a cormty employee sits
13 as a co-chair for each subcommittce; county employees have been encouraged to volunteer to sit on the subcommittees; the County has county employees available to take minutes of each meeting; the minutes and documents frorn each meeting are posted on a website that is maintained by county employees.
44. On Monday, March 8, 2010, Relator picked up the dociunents responding to Relator's records request at the Cuyahoga County Prosecutor's office. As indicated in Lambert's reply, no
documents coneerning thecommitteesand subcommittees formed under'lAG were provided.
CLAIMS FOR RELIEF
45. The above paragraphs are incorporated herein.
46. The failure and refusal of Respondents to provide the requested documents of the
Executive Committee, and at1 subcommittees and workgroups thereof, violates their duty mider
R.C. 149.43 entitling Relator to the issuance of a Writ of Mandanius to compel Respondents to
comply with the Ohio Public Records Act.
47. The denial by Respondents that they are a public body subject to open meetings
requirements, and their refusal to keep and provide minutes and handouts from various
committee meetings, violates their duties under R.C. 121.22 entitling Relator to the issuance of a
Writ of Mandamus, or in the alternative an inj unetion, to compel Respondents to comply with
the Ohio Open Meetings Act.
WHEREP'ORE, Relator requests that this Court issue a peremptory writ of mandamus
directing the Respondents to make the requested records available for inspection and copying
without further delay. In the alternative, Relator requests that this Court issue an alternative writ
requiring the Respondents to show cause why the peremptory writ requested above should not be
14 issued. Furthermore, Relator requests that this Court award it the costs of this action, including reasonable attomeys' fees, and statutoiy damages, pursuant to R.C. 149.43(C).
WHEREFORE, Relator requests that this Court issue a peremptory writ of mandamus directing the Respondents to prepare, file, and maintain full and accurate minutes and to conduct all meetings in public. In the alternative, Relator requests that this Court issue an attemative writ requiring the Respondents to show cause why the peremptory writ requested above should not be issued. Furthermore, Relator requests that this Court award it the costs of this action, including reasonable attorneys' fees, and a civil forfeiture, pursuant to R.C. 121.22(I)(2).
Dated: April 27, 2010 Respeetfully submitte,d,
^^- Carric L. Davis (0077041), Staff Counsel *Lead Counsel cdavis^acluohio.o^ James L. Flardiman (0031043), Legal Director jhardimangacluohio.org Angela M. Barstow (0084870), Staff Attorney [email protected] Melvyn Durchslag (0024750) Cooperating Counsel Micliael T. Honohan (0014082) Cooperating Counsel Brian J. Laliberte (0071125) Cooperating Counsel American Civil Liberties tJnion of Ohio, Inc. Max Wohl Civil Liberties Center 4506 Chester Avenue Cleveland, OII 44103 Phone: 216-472-2220 Fax: 216-472-2210 Coansel for Relator Arneriean Civil Liberties Union Of Ohio, Inc.
15 CERTIFICATE OF SERVICE
This is to certify that a copy of the foregonig Complain't for an Original Writ of
Mandamus was setit by regular U.S. Mail, postage prepaid, this 27`1' day of April, 2010 to:
Cuyahoga County Board of County Office of Human Resources Commissioners 1219 Ontario Street, Room 417 Timothy IIagan, Commissioner Cleveland, Ohio 44113 Cuyahoga Comrty Administration Building 1219 Ontario Street, 4th Floor Martin Zanotti, Cuyahoga County Transition Cleveland, Ohio 44113 Executive Cornmittee Co-Chair Republic Alternative Technologies Cuyalioga County Board of Coutrty 11288 Alanieda Drive Commissioners Strongsville, Ohio 44149 Jinimy Dimora, Commissioner Cuyahoga County Administration Building Randy McShepard, Cuyahoga County 1219 Ontario Street, 4th Floor Transition Cleveland, Ohio 44113 Executive Comniittee Member RPM International, Inc. Cuyahoga County Board of Cotmty 2628 Pearl Road Commissioners P.O. Box 777 Peter Lawson Jones, Commissioner Medina, Ohio 44258 Cuyahoga County Administration Building 1219 Ontario Street, 4th Floor Jerry Sue Thornton, Cuyahoga County Cleveland, Ohio 44113 Transition Executive Committee Member James McCafferty, TAG Member Cuyahoga Commtmity College & Cuyahoga County Transition Executive Office of the President Connnittee Co-Chair 700 Carnegie Avenue Cuyahoga County Administration Building Cleveland, OH 44115 1219 Ontario Street, 4th Floor Cleveland, Ohio 44113 Alexander M. "Sandy" Cutler, Cuyahoga County Gary I Iolland, TAG Member Transition Executive Conunittee Member Department o r Justice Affairs Coiporate IIeadquarters Administration Eaton Corporation 310 West Lakeside Avenue, Suite 795A Eaton Center Cleveland, Ohio 44113 I 111 Superior Avenue Cleveland, OH 44114-2584 Joseph Nanni, TAG Member Cuyahoga County Board of County Connnissioners
16 "1'om Zenty, Cuyahoga County Transition Cleveland City Hall Executive Committee Member 601 Lakeside Ave. OfGce of the CEO Cleveland, Ohio 44114 University Hospitals of Cleveland 11100 Euclid Ave. Jose Feliciano, Cuyahoga County'Transition Cleveland, OH 44106-1736 Executive Committee Member Baker Hostetler Frank Jacl 17 APPENDIX A. Affidavit in Support of Complaint for au Original Writ of Mandamus B. Charter of Cuyalioga County C. The Transition Advisory Group Press Release, "County, Civil Leaders YVorking 7'ogether to Craft Historic Transition," dated Deccmber 16, 2009 D. "1 ransition Advisory Group document, "Cuyahoga County Tratisition Workgoups Charges," ernailed from Joseph Nanni, dated December 22, 2009 E. Text report of tlieWCPDT 90.3 FM radio program "Openness of County TYirrzSitiori Committee Questioned," dated February 9, 2010. F. Article 1i-om Scene newspaper, "Zanotti: We're all on a need-to-know basis," dated February 10, 2010. G. Transition Advisory Group Press Release, "Transition Advisory Grouh Committed to Open Meetings," dated February 11, 2010 H. Email from Joseph Nanni regarding the establishment of work groups, dated February 17, 2010. l. Letter from Cuyalloga County Prosecutor's Office to the American Liberties Union of Ohio, dated March 5, 2010 J. Ohio Rev. Code § 149.43 K. Ohio Rev. Code § 149.011 L. Ohio Rev. Code § 121.22 M. Berner v. Woods, 9th Dist. No. 07CA009132, 2007-Oliio-6201 N. Ohio Attorney General Opinion No. 94-096 (1994) IN THE SUPREME COURT OF OHIO State of Ohio ex rel. American Civil Liberties Union of Ohio, Inc., Case Number: Relator, Original Action in v. ) Mandamus - Affidavit of Relator Cuyahoga County Board of County Commissioners, et al., Respondents. AFFIDAVIT IN SUPPORT OF COMPLAINT FOR AN ORIGINAL WRIT OF MANDAMUS Carrie L. Davis (0077041), Staff Counsel *Lead Counsel James L. Hardiman (0031043), Legal Director Angela Barstow (0084870), Staff Attorney Melvyn Durchslag (0024750), Cooperating Counsel Michael T. Honohan (0014082), Cooperating Counsel Brian J. Laliberte (0071125), Cooperating Counsel American Civil Liberties Union of Ohio, Inc. Max Wohl Civil Liberties Center 4506 Chester Avenue Cleveland, OI-144103 Phone: 216-472-2220 Fax: 216-472-2210 Counselfor Relator American Civil Liberties Union Of Ohio, Inc. AFFIDAVIT IN SUPPORT OF COMPLAINT FOR AN ORIGINAL WRIT OF MANDAMUS STATE OF OHIO ) ) ss CUYAHOGA COUNTY ) CHRISTIPIE LINK, being first duly sworn, deposes and says that: 1. Affiant is the Executive Director of the American Civil Liberties Union of Ohio, Inc. ("ACLU of Ohio"). 2. Affiant is the Executive Director of Relator, the ACLU of Ohio, relative to its complaint in the Supreme Court of Ohio known as State of Ohio ex reZ. American Civil Liberties Union of Ohio, Inc. v. Cuyahoga County Board of County Commissioners, et al. 3. Relator, ACLU of Ohio, is a non-profit, non-partisan membership organization incorporated in the State of Ohio in 1971, devoted to protecting basic civil liberties and civil rights embodied in the United States and Ohio Constitutions. The ACLU of Ohio has 8,128 dues paying members statewide, 1,538 of whom reside in Cuyahoga County. Membership in the organization is available to anyone for minimum dues of US $20.00 annually. Members of the ACLU of Ohio support its mission which is to protect and defend civil liberties. Many members are civic activists with strong interests in government transparency and accountability. 4. Relator, ACLU of Ohio's complaint in the Supreme Cotirt of Ohio alleges that: a. In November 2009, Cuyahoga County's electorate adopted a new County Cliarter. The Charter expressly mandated the formation of a Transition Advisory Group ("TAG") to assist in the County's transition to a charter government. A true and accurate copy of the County Charter is attached. b. TAG officials, witliout express perniission from the Charter, formed various committees and delegated TAG's Charter-mandated duties to these committees. The committees created by TAG are public bodies and, as such, are subject to Ohio's Simshine Laws, the Public Records Act, R.C. 149.43, et seq., and the Open Meetings Act, R.C. 121.22, et seq. c. County officials contend that TAG did not form said committees and that the committees are not public bodies. However, a number of documents created by TAG or written by TAG officials contradict this claim and illustrate that TAG did indeed form the committees and that the committees are public bodies under the Sunshine laws. i. TAG, working with New Cuyahoga Now and Greater Cleveland Partnership, formed twelve committees to assist TAG in investigating and recommending how best to proceed with Cuyahoga's transition to a charter government. In a December 16, 2009 press release, TAG announced its plans to delegate its Charter mandated responsibilities to "at least eight" committees. A true and accurate copy of the press release is attached. ii. A document dated December 22, 2009 illustrates that TAG for-med committees and delegated certain tasks to each committee. A true and accurate copy of the document is attached. iii. In a February 9, 2010 radio program on WCPN 90.3 FM, Martin Zanotti and James McCafferty, both Co-Chairs of the Cuyahoga County Transition Executive Committee, stated that transition committee meetings would not be open to the public. An audio podcast of the WCPN broadcast is available online at http://www.wepn.org/WCPN/soi/29628, and a true and accurate copy of a text report from WCPN and the Plain Dealer on the broadcast is attached. iv. In a February 10, 2010 article in Scene, a Cleveland weekly alternative newspaper, James McCafferty, a TAG official, acknowledged that some committees had already met behind closed doors. A true and accurate copy of the article is attached. v. On February 11, 2010, TAG stated in a press release that it was dedicated to "transparency and openness." A true and accurate copy of the press release is attached. vi. A February 17, 2010 email from TAG member Joseph Nanni indicates that TAG formed the committees and that a county employee is to sit as a co-chair on each committee. A true and accurate copy of the enrail is attached. vii. In a March 5, 2010 letter from the Cuyahoga County Prosecutor's office in reply to Relator's records request, the Civil Division Chief David G. Lambert, acknowledged that TAG is a public body having been created under County Charter section 12.06. However, Attorney Lambert also expressly stated in his letter that "I'AG did not form the committees and that the committees were private groups. Attorney Lambert declined to provide records of the committees. A true and accurate copy of the Cuyahoga Count Prosecutor's letter is attached. d. The committees were formed from the TAG, a public body. Further, the committees have been delegated duties of the TAG. Thus, under Ohio law, the committees are also public bodies. The refusal of Attorney Lambert to release records of these committees is in violation of the Sunshine Laws. e. A Writ of Mandamus is needed in order to compel Respondents to stop violating their duties and to comply with Ohio's Sunshine laws. 5. Committees that have been fonned from a public body are likewise considered to be public bodies and are required to comply with Ohio's Simshine Laws. 6. Under the Sunshine Laws, Ohio's citizens have a right to have access to government meetings and records. Without access to the TAG committees' meetings and records, Cuyahoga County residents are unable to observe and take part in the forn-iation of their new charter government. 7. Relator's complaint involves the refusal of public officials to hold open meetings and release public records as required under Ohio's Sunshine Laws. 8. The facts and statements contained in Relator's complaint and accompanying Memorandurn in Support of Relator's Complaint for an Original Writ of Mandamus are true as Affiant veril.y believes. FURTHER AFFIANT SAITH NAUGHT. SWORN TO BEFORE ME and subscribed in my presence this 26t" day of April, 2010. zo%( Appendix B CHAR"I'ER OF CUYAHOGA COUNTY We, the people of Cuyahoga Connty, Ohio, desire a reformed County Govemment to significantly itnprovc the County's econoniic competitivencss. W ith it, the taxpayers of Cuyahoga County can have: (1) focused, effective and accountable leadership; (2) job creation and economic growth as a fhndaniental government purpose, thereby helping the County do a better job of creating and refaining jobs and ensuring necessary and essential health and human services; (3) collaborative leadership with Cleveland, suburbs and others within the public atid private sectors; (4) an improved focus on equity for all our cotnmunitfes and eitizens; (5) long-term regional and global cotnpetitiveness; and (6) sigt[ifteanttaxpayer savings by strcamlining atld eliminating unnecessary elected offices- Desiring to secure for ourselves and for our successors the benefits of self-deterlnination as to local tnatters that are affordcd by the assutnption of home rule powers for this Connty and the establishtnent of a county governnient that provides for the separation of administrative and legislative powers and for a more representative and accountable form of governance for this County, We, the people, adopt this Cltarter of Cuyahoga County. TABLE OF CONTEN'I'S ARTICLE I--CORPORATE POWERS, RICNITS AND PItIViLEGES Section7.04 EconomicDevelopmentCommission. Section 1.01 Natne, Boundaries and Powcrs_ Section 1 02 Powers Limited. Seetion 7.05 Econontic Developmenl Plan. Section 1.03 Constrttction. AR-I'ICLE VllI--HEAIa'H AND ISUMAN SERVICES Section 8.01 Depainncntof Health and Hutnan Services. ARTICLE I]--ELECTED COUN-I-Y EXECUTIVA: Sec(ion 9,02 Direetorof flealth and Human Services: Appoinunent, Section 2.01 County Hxecutive. Duties and Quatifications. Section202 Coinpensation_ Section 2.03 Powers and Dutiea. Scction 2.04 Vacancy. AR'1'ICLE IX--COUN'I'Y EMPLOYMEN'I' PRACTICES Section 2.05 Investigations by County Exocutive. Section 9.01 [Imnan Resource Commission_ Section 9-02 Authoritv of Huntan Resource Comn»ssiou_ AR'1'ICLE III-=fHE COCNCIL Section 9,03 Cla,ssification Section3.01 Election. Section9.04 AppointingAuthorities. Seelion 3.02 Term of Office. Section9.O5 DepnrtmentofNumanResoutnes. Section 3.03 Residency Reqniretnent. Section 3.04 Council Districts. AR'1'ICLE X--PURCHASING Section 3.05 Council Vacancies. Section I1701 DepartmcntofPurchasing. Seclion 3.06 Council Vacancies; No Party Affiliation. Scotion 3.07 Vacancios; Length of Appointnrent. AR'ITCLIi XI-INTF,RNAi. AUDITING Section3.08 Colnpensatlon. Section 11.01 Cotinty Audit Committee. .02 Seetion 3,09 Powers and Duties ofthe Council, Section 11 Department of Intcrnal Auditing. Section 3.10 Organization, Rules and Procedures. Section 1103 Director ofinternal Auditingi Appoinhnent, Section 3.11 Initialive and Rcfereneitim. Duties and Qurdifications. Section 3.12 Investigations by Council. Section11.04 Aulhori(yofDepartntentoflnlemalAuditing_ ARTICLE IV-ELECTED PROSECUTING A7"rORNEY ARTICLE XH--GENERAI. PROV[SIONS Section 401 Prosecuting Attomey: Election, Dttties and Qualificatfons. Section 12.01 Effective Date of Charter. Section 12,02 Removal of Llected Officials by Recall. ARTICLE V--APPOINTED OFFICERS Section 12.03 PorfeiturcofOffice. Section 12 04 Reporling ofOtPcrs to tnlluence Official Action. Section 501 Appointment; Confirmatinn by Council. Section 5.02 Ciseal Offmer Powers, Duties:md Qualifications. Section 12.05 Meetings ofGovermnental Bodies lo be Public. Section 5.03 Medical Examiner: Powers, Dulics aod Qualifications- Scction[2.06 RecordsofC',overnmentatBodiestobcPublic. Section 5,04 Clerk of lhe Comts: Powers and Dutios. Section 1207.L'qual Opportunity. Sect[on5.05 DirectornfPublicWotics_ Powers,DuliesandQualificalions. Section 12 08 F.mployee Rigltts Section 5 06 Director of I.aw: Powers, Dutics and Qunlifications. Section 12.09 Charter Review Comrnission. Section 5,07 County'rreasurer: Powers, Duties and Qualifrcatious- Section 12.10 Chaner Amendmenls. Section 5.08 Sheriff: Powers, Duties and QualiGcatimts. Seclion 12.11 Rcarrangentent, Reprinting of, and Correctinn of Typographieal Errois in the Charter AR'rICLE VI-ROARDS AND COMMISSION3 Section 12.12 Severability. Section 6.01 Budget Cmmission. Sectien 6.02 Board of'Revision. AR'1'ICLE XII[--TRANSIIION TO CHAR"1'ER GOVERNMEN1' Section6.03 OtherBoardsandCommissions. Section 13.01 Oftices Abolished. Section 13,02 Initial Election ofCounty Officers_ Section 6.04 Special Boards and Commissions. Section 13 03 Officers and Binployees- ARTICLE VII--ECONOMIC ISEVELOPMEN'1' Seclion 13.04 Dcpanntenb, ODices and Ageneies. Section 7.01 County Econoinic Devclnpinent. Section 13.05 PendingMatters. Seetion 7.02 Dcpartrtnent of Developntent. Section 13.06 I.aws in Porce. Section 7_03 Director ofDevelupment Appointment and Qualifica.tinns- Section 13.07 "Itansition Advisoiy Group_ Appendix B ARTICLE 6-COI2PORATF. POWERS, RIGHTS ANI) PRIVILEGES SA;CTION1.01 NAiVIP:,ROUNDARIESANDPOIVERS. _ Thc County of Cuyaboga, a.s its limils now are, or hereaIler may be, shal I he a body politic and corporate by the name ot County of Cuyattoga with all the rlghts gmnled by this Charter and by gereml l aw. lhc Cemnty is responsiblc within its boundarics for the exeroise ofall powers vested in and the perfonnance of all duties Intposed upoo countios and county officers by law In addition, the County may exercise all powers specifically conferred by this Charter or incidental to powers specifically conferred by this Charter and all other powers lhat the Constitution and laws of Ohio now or hereaftcr grant to counues to exercise or do nol prohibit counties fwm exercising, including the concurrent exercise by the Cotinty ofall orany powers vestcd in munioipalities by the Ohio Cottstitntion orby general law. AII such powers shall be exercised and enforced in Ihe manner prescribed by Ihis Charter, or, when rtot prescribed herein, in such maunor as may be provided by ordinance or resolution ofthe Cuuncil. When not prescribed by the Charter or amendments hereto or by ordinance or resolution, such powrs shall be exercised in tho manner prescribed by geueral law- SECTION 1.02 POWERS LIMrI6:D. This Charter does no( empower the County to exercise exclusively any rntmicipal powers nor ur provide for the succession by the Comtty to any property or obligation of any municipality or township without the consent of [Ire legislative authority of such municipality or lownship. In cascbf cbnflict between tlrc exercise of powers granted by this Charter and the exercise of powers by inunicipalities or townships granted by tlte Constitution or general law, the excrcise of puwers by the mnnicipality or township shal I prevail. The County shall have power to levy only those tuxes that countics are by general Iaw authorized to levy- SECTION 1.03 CONSTRUCTION. The powers of Ihe County under this Charter shall be construed liberally in favor of the County, and lhe specific inention of particular powers in this Charter shall not be constmed as limiting in any way the general powers granled under this Charter. The rules for statutory cnnstnwtion contained in the Ohio Revised Code shall govem the interpretation of the provisinns of this Charter. ARTICLEII--ELb:C'fED COUNTY N:XliCUTIVE SECTION 2.01 COUNTY RXF7CUTIVE. The County Executive shall be the chief executive officer of the County. The County Execulive shall first be elected at the 2010 general election and shall hold oftice for a terrn off'our years cnmmencing on the first day of 7anuary 2011. Any eandidate for election as County Excoutive shall be un elector of the Counly at the time of tiling of the declaration of candidacy, shall be trominated and elected in thc inanner provided for county officers by general law and this Chaiter and during the entire lenn of office shall remain an elector of the County. 'Ihe County Bxecutlve shall nnt, except as autltoriz.cd by the Council, hold or accept other einployntcnt or public office. SECTION 2.02 COMPENSATION. . The initial salary of the County Executive shall be one hundred scventy-fve thoosand tlo0ars per year. The salary may be chxnged by ordinancc at any hme belbm a primary eleclion for the office of County Executive, but no change shall be effeclive until the cominenceinent of Ihe ensuing tcnn. SECTION2.03 POWERS AND DUTIES. The Cotmty Executive shall have all tlte powers and duties ofan administrative nattire under this Charter and such powers and duties- of an administrative nttire, except as otlterwise provided herein, as are vested in or iinpo.sed upon buards ofcounty commissioners by gencral law. Sueh powers and duties inctude, but arc not limited to, the fnllowing' (t) "I'o appoinl, suspend, discipline and rentove all County personnel, inelttdine those appointive officers provided for in Articlc V hereof and except those who, tt5 provided by general law, aro under the jurisdiction of officers, boards, agencies, commrssions and authorities of the Counly other than lhe board nf eounty cominissioners, and except those who are appointed by lhe Cooncil pursuant to Section 3.09(1) of this Charter or by the Prosecuting Attomcy. (2) To appoint, subjecl to the confirmation by the Cottncil, and reittove County directors and offrcers and members of boards, agencics, commissions and authorities as are or may hereafter be created by or pursuant to this Chniter, and such officers and inembers of boards, agencies, coininissions and authorities as are piovided by gencizl law to be appointed by beards of eounty conimissioners. If the Council shall fail to act ou the question of such au appointment by the County Executive within tlrirly days of the date that the County Executive subntits such appointment to the Council for its consideratinn, that appointment sball be deemed confmnod withuul further action by the Council. The County 6xeeufive nnd the Catmcil shall use good faith e1T'orts to reflcct the diversity of the people of the Cnunty in appointing such officers and members. (3) 1o advocate for the interesls of the County with olher levels of guvernrriertt and to advocate for urnd promote cooperation and collaboration with otlter political subdivisions. (4) 'I'o approve or veto any ordinance or resnlulion as provided in Section 3-11 of this Charter. (5) Toscrvc,inpersonorbyhisorherdelegate,asainember oftheCountyDudgetCommissionandofthcCountyBoardofRevision_ (6) Io execute contracts, eonveyances and evidences of indebtedness on behalf of Ote County. (7) To attend mcetings of the Council and mke part in ttic discussion of all rnatters bcfore the Councit. (8) To introduce ordinanees and resolutions for consideration by the Couneil and othet wise to make recommendations for actions to be taken by the County. 2 Appelldix B (9) To submit to the Council prior to Ihe beginning of each fiscal year, a proposed operating budget for the upcroming fiscal year, which shall centain at least the fallowing: (a) A slatement ofestimated revenues from all sources, ittcludingfund balances from the preceding year; (b) A.statement of proposed expenditures, shown by depmmrent, office, agency, anthority, bonrd and commission, an (10) To submit to the Council prior te the beginning of each fiscal year a capital improvements program, which shall conlain at least the following: The capital improvements scheduted for, or piuposed to be undertaken within that fiscal year, along with the estimated cost of caeh impruveinent and the (a) proposed or established mefltod of t'inancing; (b) A summary oCtbe detailed contents of the prngrant for the current fiscal year; and (c) The capital intpmventents projected Cor the five years next succceding the current fiscal year. (11) To submit a written message to the Council accompanying the proposed operating budget and capital unprovemenls program explaining the budget both in fiscal tenns atid interms of work to be dune, outlining the proposed financial policies of the Cuunty for thc current fiscal year and describing the importanl features of the budgel. The message shall includc any proposals for major changes in financial policies and fnexpendimres,appropriations and teveimes as compared witittbc preceding fiscal year and tire reasons for such proposals, and an itemization and explunation of caeh proposed capital improvernent. (12) To conduct collective bargaining regarding wages and compensatory benefits witti any recognized employee bargaining unit, in conjunction with the t]uman Resource Corninission, and administer unifortn personnel proeedures for all Cnunty employecs. (13) 'fo submit to the Council annually a five-year financial forecast for the general opemting funds of lhc Cotmty (14) To cntploy and supervisc such mmriber of deputies, assistauts and employees as shall be reasonably necessary to assist the Counly Executivc in carrying out the duties ofthe olfice. SN:CTION2.04 VACANCY. In the event tlrc otlioe of tbe County Executive becomes vacznt by reason of dealh, resignalior5 removal froin office, failnre to reinain an elector of the County or for any other reason, lhe President of Council shall suceeed to the office uf County Exeeulive on an interim basis. If a vacaney occurs in the first or secund year of a four- year term, the interint succession shall be for a period tintil tlte next countywide general election, at whiclr ttmc the position shall be filled fnr the remainder of the principid terin If a vacancy occurs in lhe third or fourth year of a four-year lerrn, the interiin succession shall extend nntil the next etmnlywide general election, at which time lhe position shall be lilled for the next four-year term. The interiin succession of the Presidem of Council to the office of County Executive as provided herein shall create u vacaney in the memberslrip of County Council and in the position of Prosident of Council. Upon the oecurrence of a vacaney in the positinn of presidenl of Couticil, the Vice-President of Couocil shall assume tlto po.sition of Presidcnt, and the Council shall elect a member to serve as Vlce-pre.sidenl. Tlrc Council seat vncated by the former Couneil president shall be filled in the manner described herein. SECI'ION 2.05 INVES'I'IGA1'IONS BY COUtiTV EXECUTIVE. The County Cxecutive tnay, at any tiine and wilhoul notice, cause ttrc adnrinlstrative afGtirs or the official acts and eonduet of any official or employee nf any County uffice, department or agency over which the Executive has authority to be examined. 'IYre County Executive, or any person appointed by the Executive to condnet such an examination, shall have lhe samo ptrwer to take testimony, administer oulhs and cotnpel the attendanco of wilnesses and the produelron of papcrs, books and evidenec and refe2 witnesses to the Prosecuting Allorney to be punlshed for oomempt as is eonfcrred upun Couneil by this Charter. Subpoenas may not be issued pmsuant to this seelion except by resolution adopted by a two^thirds vote of Council. ARTICLE IIt-TIIE COUNCIL SECTION 3.01 ELEC'1'ION. - and a co-equal branclt of the County govcrnment with the executive bmnch_ It shall The Couneil shall be the legislalive atithority and taxing author(ty of the Cotmty consist of eleven inembers, wlto shall be nominated and elected as provided in this Charter and in the mannor provided by gencral law for county officers. During their and shall serve terms in of6ce, Cotmcil members shall remain electors of the County and shall nnt hold or accept any olher County office ur bc employed by the County in a part-time capacity. SP:C'I1ON3.02 TN:RMOEOFEICS. AI ihe gencral election in 2010, the members nfthe Council shall be elected, one ntcnrber frorn euch ofthe eleven districts, six of such members for four-year tcrms and five of such nicmbers for two-year terms. Beginning witii the 2012 general election, the term for each memher of Council shall he fbur years The term of office for all Cnuncil mentbem shall begin on January I next following their eleotion. SECTION 3.03 RESIDENCY ItEQUIREMENL'. A Council candidate shall have been an elector ofthe Cuunty for at least two years inmtedialely prior to filing of a declaration of candidacy or appointment to fill a vacancy and shal I also have been a resident of the district lie or she wishes to scrve for at least thirty days itnntediately prior to filing of candidacy or appointment to fill a vacancy_ Once elected or appoinled, Council members shall reside within the County, and ntenibers elected frmn districts shall reside within their respective districts, during the tenure of their lenns. SECTION 3.04 COUNCD. DISTI2ICI'S- 2, 2010 gemral election are described in detnil in (I) Initial Districts. Ihe eleven districts from whieh the membeis of the Council shall be elected at the November Appendix A, which Is atraohed lo this Charter and made a part hereof. 3 Appendix B Immedialely following each decennial Pederal eeiuus commencing with the census of 2010, the Council sltall appoint five electors of che County, (2) Rediatrieling. not more than three of whom shall be mmnbcrs of the sante politicul party and none of whom shall hold public office or be an officer of a political patty, who shall constitute a Council 17islricting Cominissiun. The Commission shal I, nol later than one hundred twenty days following its appointincnt, prepzre and oertify tu lhe 6oard of Elections of Ctp•ahoga County a detailed apportionment of the Council districts in accordance with the principles provided Cor in this scction. T}te Connty Y,xecutive shall provide for the Conrntission such facilities and assistance as shall bc required for the Comtnission to cariy out its duttcs as provided for herein. 7hat apportionment shall be completed by the saine date as the apportionmenl for the Ohio Ceneml Assembly and shall he effective for the first regular County election thereaffer. All districts shall be of snbstantially equal population, compact and composed of conliguous" tenitory and (3) Principles for Establishing Bictrict Borrdaries, formed by combining existing oreas ofgovernmental units, giving preferonce, in lhe order named, to townships, municipalitics and city wards and prectncts. Precincts shall nut be divided for the purpose of creating Council districts. To the degree allowable by federal and slate law, eonsideration will be g"ven to distnet boundaries that broaden the opportunities for historically under-represented and minoritY communitios to elect representatives to the CounciL. The Conneil may esiablish additional criteaia for the Council Districting Coinmission to ose for the purpose of drawing district boundaries, in order to achieve a governmenl iltat is effective, nfficicnt, and at the same time, accountuble, responsive, and fairly represeniative, as long as such crileria do not con0ict with titc Cons'titution of tlre United States of America, the Constitution of the State ofOhio and applicable federal or state law. SECI'ION3.05 COUNC[LVACANCII'^.S...... When a vauancy occurs in a Council position, precinct ecanmittec members of the sante political party and from the saiite districl as the vacating meinbcr shall choose a replacentent within titirty days of the occurrence of the vacancy. If the precinct cominittec members fail to make the appointment in the allotted time, lbe Couneil shall have thirty days to nrake the appointinent. Ifthe Council fails to make the appointment, the Comrty Hxeculive shall make [he appointment. SECTION 3.06 COUNCII, VACANCIES; NO PAR'rY AF'PILIATION. Whcn u vacancy occurs in a Couneil position and the person vacahng the position was not a mcinbcr of a political party wilh procinct comtnittee members, the Council shall chonsc a n:placemont wilhin thirty days of thc occurrence ofthe vacancy. If Couneil fails to appoint a replacement within lhirty days, the County Executive shall make the appointment. SECTION 3.07 VACANCIES; LENC; Cn OF APPO[NTMENT. If a vacancy occurs in lhe first or second year of a Coor-year term, lhe interint appointment shal I he for a period until the next countywide geneml clection, at which time tbe position shall be 611ed for the remainder of the unexpired term. If a vacancy occurs in the third or fourtll year of a four-year term, the interim appointment shall extend until the next countywide general eleetion, at which time the position shall be filled for lhe next four-year term. S@:C'1'ION3.08 COMPENSATION. Tlre initial salary ofeaeh Council nrembec shall be fony-five thousand dollars per year. The inilial salary ofthe President of Council sltall be fifty-five thousand dollars per year. Those salaries may be changed by ordinance at any time before a priinary election fnr members of ttie Council, but no change shall be effective until the commenuement of the ensuing temi. Cormcil mcmbers shall bc entitled lo rcimbursemenl for reasonable and neeossury expenses incurred by them in the exercise of their duties. No former mcmber of Council shalL hold any compensated appointive office or entpioyment with the Cmmly until onc year aRer the espiraliun ofthe tcnn for vdirich thc meinber was elected. SE.CIION3.09 POyVERSANI>llUTIESOF'I'IIECOU'SCIL_ The legislative power of the County, inoluding the power lo introducc, enact and antend ordinances and resolutions ielating to all mattcrs within thc legislative power of the County, is vested in the Council. All powers of the Councii shall be oxorcised by ordinance or resolution and shall include, but not be limited to, the following: (I) Tn appoint and provide for the compensation and duties of the Clerk of Oouncil and such other assistants for the Couneil as a whole as the Council deterinines to be necessary for the eCficient pcrformnttce of its duties. (2) 7b establish departments, and divisions and sections wilhin departments, undcr the supervision nf the County Executive, and such boards, agencies, cotnmissions, and atnhoritics, in addition to or as part of thnse provided for in this Chartcr, as the Council determines to be necessary forthe efhcient administration of thc County. (3) 'io estnblish procedures under which lhe County 8xecutivo may employ experts and consultants in connection with the adtninistration of Ihe affairs ofthe County. (4) ro establish prncedums goveming lhe making of County contracts and the purchasing of County supplies and cquipment pursuant to compolitive bidding- (5) To adopt and amend the County's annual mx budget, operating budgetand capital improvements program and to make appropriations for the Cuunty (6) In detenninc which olTcers and employees shail give bond and tn fix the amount and fonn thereof. (7) To provide for the acquisition, construction, maintcnance, administmtion, rntal, and leasing of property, includine buildings and other public improveinents (8) To cooperate or join by contract with any mtinicipality, county, state or political subdivision or agency thereof, for the planning, developntent, construclion, aequisition or operation of any public iinprnvemenl ur facility, or for providing a eomtnon service, and to providc the lerrns upon which the County shnll perfornr any of thc services and funetions of any otirer cotinty or any municipality or other politieal subdivision. In furthemnce of such intergovernntental cuopemtion, the Council may provide for grairts or loans to other political subdivisions and publie agencies. (9) To provide for the proccdure for making public improvements aud levying ass'essments for such iinprovoments. 4 Appendix B (10) "Ib require, as necessary, the attendance of any County employee or officcr at Council mectings to provide intormation us may bc rcquesled Except for the purpose of inquiry, the Councii and its members shaLl deal witlt the administrative service solely through the County Executive. Neither the CouneiL nor auy mcinber thereof, shall give orders to any ofthc subordinates of the County Exccntivic either in publie or in private. (11) To establish and provide for the administration of a program to provide scholarships, loans, grants and other forms of financiai assi.stance for residents of the County that will enable thent to participate in post-secondary educatiou, including vocational education and job training and retmining; for the hinding ofthe program fronr mnney delennined to he saved by the operation of titc County government under Lhis Charter and frmn otbor funds of the County, including gifts, grants and donutions received for such purpose; and fortlte conditiens for eligibility for participation in lhe prograin by individaals and educational institutions. (12) To establish by ordinanee a code of ethics, which shall he in addition to, and not inconsistont with, geneml Iaw on the subject, which shull guide and inform County officers and employees in the perfonnancc of their official duties in a manner that will represent high standards of professionalism and loyalty to the iesidents of the County and thatwill avoid conflicts of interest, selt=dcaling und o8ier violations ofthe pubiic trus't. No public moncy of, or under the control of, the County, frmn whatever source derived, shall be subjeet to appropriatlon, application or distribution at the order nr direction of any individual menrb(a of the Conneil. SECTION 3.16 ORGANIZA'1'ION, RULES ANl) PROCEDURES. (1) Council Officers. On tlte first business day of each year following a regular electiou for inembers of the Council, Ihe Council shall mect for thc purpose of urganization and shnll elect one of its mentbers as President and one other nrenrbcr as Vice-President each to serveuntil the eleclioii of tlicir successois at the next succeeding organizational rneeting The Presideut shall preside at all meetings of the Council. The Vice President sball preside in case of the abscnec or disnbility of the President. The presiding oncer sliatl bc entilled to vote on all ruatters. 'fhe Council shall determine its own rrdes and order of business. lhe Clerk ofCouncil shall keep and make available for publie inspection at (2) Rules and Records. . all ruasonable limes a record of proceodings ofthe Counoil in which ihe vote ofeach member voting on an ordinanee or res0l utiou shall be reccaded or printed (3) Written Resolutions and Ordinances. All legislative action of a geneml and pertnanent naLUre shall be by resolution or ordinance introduced in writ fornt Each msolution and ordinencc shall eontain no inorc than one subject, and that subject sball be clearly expressed in its Lille. ordinance or resolution shall be passed or adopted until it has been read, eitlmr in full or by title alonc, at three ditFerent regular Council (4) Rcyrdred Readings. No inectings. The requirement uf!]nee readings may be dispensed wtlh by a votc of al Icast seven inembers of the Connoil. (5) Adoption by Cnuncil. No action of the Council shall be valid or binding unless adopted by an affirmative vote of at least a majurity of the ineinbers offhe Council. Eacii ordinanee or resolution shall be signed hy the presiding officer and promptly prcsented by the Clerk of Council to tho County Executive for approval or disapproval. by County Execntive The County Executive may apprave or disapprove the whole or aoy itmn nf an ordinanee or resulution (6) Approval or Disapproval appropriating money, but otherwise the approval or disapproval shull be addresscd to the entire ordinance or resolution. If the County Execunve approvcs a mensure approved by Council and presentcd to him on cer by the Clerk of Council, the resolution or ordinatce shall be signed by the County Executive and returned to ilie Clerk of Council wi0tin tcn days after its passage or adoption. If the C-ounty Executive does not approve a ineasure so pres'ented, thc County Executive shail return the measurc to the Council ardt his or her writtcn objections within said len days. Such written objcotions shull be entered in full in the record of proceedhrgs nf the Council. If the County Executive does nut rettmr a measure approvcd by Council and presenled to him or her by the Clerk of Council within said ten-day period folinwing its adoption, the me.rstnc shall take effect in thc same rnanner as if the Cuunty Executive hud signed it (7) Reconsideration. When the County Executive has disapproved an ordinance or resolution, or a part or itein thereof, as hercitr provided, the Council may, nut later than its second regular meeting following such disapproval, proceed to recntvsider lbe disapproved measure. If, upon recons'ideration, the measnre is approved by at least eight inetnbers of Council, il shall thcn take effecl as if it had received the approval of llre County Executive. P.ach ordinance or resululiun shall take effecL in the manner and at lhe time provided by genernl law for ordinances or resolulion of (8) Effective Dates of Legislation. cities. Unless a later timc is specified thcrein, each measuro designated to becoine immediately effective shall take effcct upon signature by the Couttty Executive, upon the expiration of the time during whielr it may be disapproved, or upon its passage after disapproval by the Couttty Executive, as the case may be. Lach measure desienaled to bccome immediately effective shall contain a statement of the necessity for suclr action and shall require the affirrnative vote ofat least cight members of lhe Council for enactment Council sliall provide by rute for the procedure for giving notice of tite adoption by the Couucil of ordinances and (9) Publication of Ordinnnces and Resolutious. resohrtions of z gencral and permancnt nature. Such incthod or ntethods for giving notice shall be such as to enable any intemsted resident ofthe County to ltave pronipt access to the text of suoh legislation. SEC'1'ION 3.11 INITIA't'IVE AND REN'ERENDUM- 'Che right of initiative and refcrendum is reservcd to the people of the Cuunty on zll mnllers that the County may ttow or cereafter be autltor(zed to control by Icgislalive action, provided that any urdinanec or resolulion enacted for the following purposes shall not he s'ubjectto retcrendum: (a) 't'hal appropriates money for any lawful purpose; (b) I'hat creales, ruviscs orabolishes deparlmeuls or provides regulations for their government; (e) That authorizes the appointinenl of einployces in any ofthe dcpaNnents; (d) That atithorizes, ur that otherwise affects, the issuance uf bonds, notes or other dcht instruments oftltc County; (e) That autitorizes a contracl for a public improventent or an expenditure of moricy wirich contract is to be inade or expenrliturc is to be inade, in whole or in part, tiroin the proceeds of bonds, notes or other debt instruments of the County; and (f) That provides for the payment of operating expenses ofthe County. 5 Appendix B The provisions of general law relating to such right applicable to inunicipalities in effect at the time of tlte adoption of this Chart cr shall govern the exorclse nf such right hereunder, provided that all powers and duties respecting initiative or referendum petitions imposed upon city auditors or village clerks by general law shall be exercised by the Clerk of Council. SECTION 3.12 INVESTIGATIONS BY COUNCIL. The Council or any committee of Council may invesligatc the financial tratrsactions ofany uffice, department or agency of County govermnent and the oLlicial acts and conducl of any County official rclating to any ntalter upon which Counell is authorizcd to act. In conducting ,such investigations, the Cemncil or any such commdlee may administer oaths and niay, by resolution adopted by vote ofat least eight members of Council or of tlte conunittce of Cuuncil, compel the attendance of winiesses and tite production ofbooks, papers and other evidence through the issuance of subpoenas. Subpoenas shall be signed by either the Presrdent ofCouncil or Lhe chair of the Council comntittee seeking a witness's lestimony or the production of evidence and sltal I be served and executed by an otTlcer authorized by law to scrve subpoenas and nther legal pioeess In lhe matter of cornpelling the attendance of witnesses and the production of evidence, the nutjority vote of Cotmcil, if any, shall take precedenec over the vote of a Council coinntittee. If any duly-subpoenaed witness refuses to lestify to any fuets within the witness's knowledge, or to produce any paper, buoks, or nther evidence in the witness's possession or in the witness's control relaring to the maller under inquiry before the Council or any such coinmittee, the Council may refer the matter to tlie Prosecuting Attomey for the Prosecuting Attnmey to causc the witness to be ponishcd a.s for contempt. ARTICI,PIIV-ELECTEI) PROSECUTING ATTORNEV SKK_"PION 4.01 PROSECUTING A'1"I'ORNEY: EI,ECCION, DUTIES AND QUALIFICA'1'IONS. Thc Prnsecuting Attornev shall be elected, and lhe duties of that office, and the oompensrtioo thercfor, including provision forthe employnteot of nulside counsel, shall corntinue to he deterrnined in the mantrer provided by geneml law_ ARTICLE V--APPOINT'ED OFFICERS SECTION 5.01 APPOINTMF:NT; CONFIRMATION BY COUNCIL. Each of the officers provided for in this Aiticle V shall be appointed by the Cuuuty Executive, subject to coufirmation by Council, and shall serve at Ihe pleasure uf the County Executive_ SECTION 5.02 FISCAL OFFICER: POWERS, DUTIES AND QUALIFICATLONS. (I) Powers and Dnties. '['he Fiscal Officer shall excreise all powers and perforrn all duGes now or hereaIler vested in or imposed by general law upon county auditors and county recurders and the powers and duties of eled.s of the camrt of com:non plea,s other than those powers nnd duties related to serving the operation of the courts, and sueh other powers and duties not incoosistent therewith as provided herein or by nrdiniince. The Fisenl Officer shall prepare and maintain the tax maps for the County. The Fiscal Officer, or his oi her designce, shall serve in the place of the. cotinty auditor or the county reeurder on eveiy (2) Boards, Commissions and Committees. board, cominission, committee, or any other body upon which a county auditor or county recnrder is required or authorized to serve by gcncral law. (3) Qualifications. The Fiscal Officer shall bc a cerlified public accountanl and shal I have had al least tivc years' experienco in the inanagement of lintanciul malters of political subdivisions. S1r.CTION5.03 b1EDICALEXANIINER: POWERS,DUTIES,ANDQUALIFICA'1'IONS. AII puwers now or Irereller vested in or imposed upon counLy coroners bV general law sltal I bc exercis'ed by the Medical Examiner_ The Medical Esaminer shal I also have such puweis and duties as shall be established by ordinanee that are not inconsistent witlt those provided by geneml law for comity coroners. The Medical Exatniner shall be a licensed physicizn, shall have specialized training in forensic inedicine and pathology, und sttall have final authority as to determtnalions concerning medieal matters within his or her responsibility. The Medical Examiner may appoint deputies to the Medical Examiner, who shall be designated Depuly Medical E'xaminers and one of whom may he designated the Chief Depuly Medical Examiner. SECTION 5.04 CLERKOF C6I1R'IS: POWERS AND DUTIF7S- All powers znd duties now or herea$cr vested in or imposed by general law upon the ufflce of clerk of the conit of common pleas relating to scrving the operation of lhe courts shall be exercised and carried out by the appointed Clerk of Courts- The Clerk nf Cuurts shall also have such powe.rs and duties as shatl be established by this Charter orby ordinance that are nnt inconsistent with those provided by general law fortlte office of clerk of the court of cuminon plcas_ SECTION 5.05 DIRECCOKOFPUBLIC WORKS: POWERS,DUTIESANI)QIIALIFICATIONS. All powers now or hereaRer vested in or iruposed upon county engincers and comtty sanitary engineers by general law 5hall be exercised and carricd out by or at the dirootion of lhe Dircctnr of Public Works. 'fhe Director of Public Works shall also have stich powers and duties as shall be established by ordinance that are not inconsistent with those provided by geneial law. In ttre event that the Director of Public Wurks is not a professiunal engineer and a registered surveyor licensed by the Stnte of Ohio, the Director of Public Works shall employ one or mom deputies or assistants who togelher or scparately possess botlt ofthose qualifications. SECTIO'N 5.06 DIRECTOR OF LA"rV: POW F7RS, DUTIES ANI) QUALIFICA']1O{:'S. The Director of I.aw shall be thc legal advisor to and representative of the Cotmty Executive and County Council. The Director of L.aw shall be an attomey al law in good standing in thc State ufOhio and shall have had at least five years' experience in advising or represenling political subdivisions in Ohio. SECTION 5.07 COUNTYTREASlIRER: POWERS,DUTIESANI)QIiALIFICATIONS. All powers and duties now or hereafter vested in or imposed upon county treasurers by general law shall be carricd out by the appointcd Ceunty Treasurcr. "Ifie Connty Treasurer shall also have such powers and dtities as sltall be eslablislted by ordinance that are not incunsislent with those provided by genernl law_ Thc Qnnty Trasurer shall have had at least five years' experienee in the inanagement of fnancial matters for political subdivisions 6 Appendix B SECTION 5.08 SHERIFF: POWERS, DU'I-n:S AND QUALIFICATIONS. All powers and duties nnw ur heroafter vested in or iinposed upon county sheriffs by genersl law shall be oarried oot by the appoinled Sheriff. '1he Sheriffshall possess and continue to maintain the qualiGcations prnvided by general law for the office of county shedff and in addition shall Lave had at Ieasl fve years' exper:ence in law enforceinent or in oorrectional facilities management. AR'I'ICLE VI--BOARDS ANI) (7OMMISIONS SECTION 6.01 BUDGET CY)MMISSION, 'fhe Budget Commission shall ecrosist of the County Rxecutive, tlre Pist°al Officer atrd the Prosccuting Attorney Members of thc Budgel Commission may appoint deputies to servc on their behalf Tlre BudgetCommission shall exercise all powers and perfurm all dnties of a county budget conrntission as prescribed by general law. SIi,CIION 6.112 BOARD OF REVISION. fhere shzll be one or more Boards of Revision, eaclt consisting of ttiree electors of the Counly- Two members of each board, who shal I not be of tbe same pohlical party, shall be appointcd by lhe Council, and one ntenther shnll be appointed by the County Executive, cach for a teon of three years. Each Board of Revision shal I exercise aIl duties of a county board of revision as prescribed by geneml law The Council may provide fur compensatinn for tnernbers of a Board ofRcvisinn. SECTION 6.03 OTHER BOARDS ANI) COMMISSIONS. Any board or commission of'the County aud any ,joint board or comtaission in which the County is a participant that is in existence when this Charter becomes effective, but not provided for in this Charter. Sltall continue to exist mrtil reorganized or diseoniinued by actton of Council, unless its continuance is required by general law. SECTION 6.04 SI'EC1AI,BOARDSANDCOMMISSI(1NS. When general Iaw or any agreement with another public agency or court order provides for appointnrent of members of a special bomd or commission or othat agency by the board ofcotinty coinmissioners, snch appnintment shall be inade by the County Executive, subject to cunlinnation hy the Couneil_ AR'1'ICLE VII--ECONOMICDEV6LOPMENT SECTION 7.01 COL`NTV F,(IONOMIC DEVELOPMENT. The County shall have as a printary responsibility the promotion and enhtmcement of the econumic well-being and prosperity of the Connty and all of its residcnn ]n furtherance of that purpose, ttte County shall, as authorized by the Constitution of Ohio, general law, and this Charler and enactments pursuant thereto, develop and impleinent policies, progmots and activities for Lhe expansion and enhancemontof economic activity in the County so as to create and preserve jobs and einployment opportunilies for and available to residents of the County. In firrtherance of tbis purpose, the County shall appmpriate money and enler into agreements and otherwise cooperate with officors, agencies, and instrumentalities of the United States of America, the State of Ohio, with other political subdivisions, and with public and private persons, firms and corporations, foundations, and individuals and institutions, and may necept and make gills, gmnts, and loans and other economic incentives. SECTION7.02 DEPAREMEN'TOFDEVELOPMENT. . . There shall he a Department of llevelopinent, under the direction of the Director of Development, which shalt develop, direct and implenrenl programs and acttvnies for canying out the purposes of this Article VII. The Department of Devclopment shall enordinate the programs and activities of the oRicers, department& agencies, huurds and commissions of thc County that relatc to cconornic dovelopmenl, including identification of the causes of tmemploymcttt and economic underdevelopment among segments of the population and within communities in the County and the developmentofprograms and activities to remedy such condiliens. SECTION7.03 DIIiECTOROFDEVELOPHMN:N'T: AI'POIN'IMENTANDQIIALIFICATIONS. The Director of Devclopment shall be appoinled by the Connty Executive, subjeet to confrrtnation by the Cnuncil, and shal I report to and serve at the pleasure of, the CotoVy h;xecutive. The Director of Development shall have had a demonstrated record of experience and accomplishment, in the public or private sector, oi both, in econotnic devclopinenl maflcrs- SECfION7-04 ECONOMICDEVELOPMbINTCOMMISSION. There shall be an Economic Dcvelopinettt Connnission the members of which shall he selected and qualified as follows_ One mentber shall be selected by cach of the tbllowing: the County ExecuLive_ the Council', the mayor of the city of Cleveland; the Clevcland-CuyahogaPort Authority; the Cuyahoga County Mayors and Managers Association, the Greater Cleveland Partners'hip, or thou' respective successors; the Gxecutive Secretary of tlte North Shore Federation of Labor, m' siinilar officer of' a successor organization. One member shall he selected collectively by Ihe nonprofit und educational organirations that are cngaged in the promotion of economtc developmenl of the County, as sltall he desiguated by the Couucil. Those members sltal I selcot one adrlitional ntember. Meinbership on the Cconomic Development Commission sltall not conslilute tlte hnlding of office or employment with the County. The members sball serve willtout compensation, but may be reimbursed for reasonable and trecessary expenses incurred in the perfonnancc of lheir dutics. Any vacancy in the membership of the Economic Development Commission shall be filled iu the smue manner as that of the person whose position has been vacaterl 'Ihe Eeonoinic Development Commissien sltal I adopt its own rtde.s and bylaws for its organization and procedures. It shall ineel at least qttarterly and shall bc provided with such facilities and staff assistance as shall be neeessary for the Heonomic Dcvelopment Cotmcil to carry ont its duties. The County Executive and the Dtreetor of Development shall keel) the 13conomie Development Commission inforntcd of current and antieipaled economic development activines and opportunities, except as neeessary to preserve confidentialiLy of such matters as business plans and lrade secrets of private parties. SECTION 7.05 ECONOMIC DEVELOPMENT PLAN. 'fbe Director of Development, in conjunction wilh the County Executive and in consultatlon with the P,conomic Development Comniniss'ion, shall prepare and prescnt to the Council by the first day of.lutre of each year a proposed five-year ecunontic dcvelopment plan for the Connty, for actions to be carried out by the County itself, and in conperation with other public and privaLe agencies and organizations, for the purpose of enhatrc.ing the prosperity and wc1l-being of the County and its residents and 7 Appendix B communities. If the. Council nhall fail to adopt the proposed plart, with such changes as the Council sltall deem advisable, within sixty days of its presentation to the Council, the plan shall be decmed to be adopted. The econnmic development plan shall be reviewed and revised annually in accordance wittt tlre foregoing procedures. ARTICLE VJII-HEALTII AND IIUMAN SERVICES SECTION 8.01 DEPAR'1'MENT OF HEALTIJ AND IJIIMAN SERVICES. There shatl be a Depac]ment of Health and Human Seiviees, which shall administer all progrants and aclivitics for which the County has orhas assuined responsibility for tlre protection and enhancement of the health, education and well-being of County, residents and that are not assignrd by general law to ottter boards, agencies or officials, and shall coordinate its activities and cooperate with such other bnards, agencies and off"jeers in order to avoid duplicatton of service.s und activities- fhe Council shall provide by ordinance for sach deputies and assistants to the Director of Ilealth and Human Services as shall be conducive to the efficient performance of thc duties of thc Department ofHcalth and Human Services. SftC'I'ION 8.02 DIRECTOR OFHEALTH AND IIUMAN SERVICES: APPOIN'PMENT, DUTIES AND QUALIFICATIONS. The Director of Health and Human Services shall be appointed by the Cotinty Executive, subject t0 confirmation by the Council, and shall be the head of lhe Department of Ileulth and Human Seivices. The pemon so appuinted shall have had at least five ycars' expcricnce in an upper-level managerial position, in either the public or the private sectoi; with responsibilfty for the provision of human services of ttte kind provided foi in rhis Article VIII. AR'1'ICLE IX--COUN'IY EMPLOYMENT PRACTICES SECTION 9.01 HUMAN RESOURCE COMMISSION. The County Executive, subject to confimtation by the Councit, shall appoint the mentbers of a Human Resource Commission, consisting of lhree electors of the^ County having experience in personnel matters or personncl adminisbatimt and who are supportive of equal npportunity oonsidcratmns. No more than lwo of the three meinbers oi'the Hurnan Resource Cranmission shall be mcnbers of the same political party. Thc Humun Resource Commissimr shall be responsible for administering, for and in coopcratinn wilh thc officers, agencies, boards and commiss'ions of the Cnunly, an efficient and economical s'ys'tein for the employment of pers'ons in thc public service uf the Counly according to merit and fimess. The County's human resources policies and systems, iucltiding ethics puticies for County employees, shall be ustablishcd by ordinance and shall be administered in suclr manner as wili elimtnale unneeessary expeose and duplication of cffort, while ensuring that persons wilt be employed in the public service wilhont discrimination on the basis of race, color, religion, sex, national origin, scxual orienlatioo, disability, uge or anecstry. ihe term of office of each mcinber of the Human Resource Commission shall be six years. fhe ternts sirall bc staggered so that no term expires within less than two years of lhe expiration of any other lerm. The County Executive shall fill u vacancy nccuaing for an unexpired terni in the saine inanner as a regular appmntmenl. Of the tenns of nfGee for the initial appointees, one shal I be appointed for a tcrm of six years, one shall be appointed for a tenn of four years and onc shall be appointed 1'nr a term of two years. Tlte County Lrxecutive shall mmminate the inilial appointees to Ilte Hmnan Resource Comnrission not later than Mamh I, 2011 and lhereafter wifhin thirty days at>br the occurrencc of a vacancy. No inember of the Human Resource Commission shall hold any other pnblic oifice or public employment with the County. The Council s-hnll establish a per dietn contpensalion for the member s of the Huinan Rcsource Cormnission. 'Ihe County Executive niay mmove any tnember of the lluinan Resource Commission for inefficiency, negle+a of duty or malfeasance in office after noticc and public hcaring before the Council, pivvided that eight metnbers of the Council coneur SECTION 9.02 AUTIIORITY OF TIL'BNAN RESOURCE COMMISSION. The Human Resource Commission shatl have: (I) Responsibility for tlre resolution or disposition of all pesonnel matters, with authorily to appoint hearing ot•Hccrs to hear all entployee appeals prcviously under the jurisdiction oftheState Personnel Hoard of Revicw; (2) Responsibility for adtninisnation of countywide compliance with federal and stale laws regarding personnel matters for which the Counly is the reporting unit and for mainteuance of records reqtiired by s'uch laws; (3) Aultrority to ensure: - Pay equity for like positions; - Standanli>ation ofbenefns; - Approval of qualitications; - Consistcntdisciplinct - i'rairting of ntanagement in pcrsonnel praclices; - Training of employces injob funetions; -Training for total quality managcmcnt; - Cunsistent adminislration of perfounmicc management systcm; - Coordination ofrecruitment; - Coinpliance with ethics resolutions or ordirtances as passed by the Council; and (4) Suclt nther functions as may be deeined necessaiy by the Council for the Iluman Resource Coinmissinn to carry out its mission mtd purpose. SECfION 9.03 CLASSIFICA'1'ION. The Huinan Resomce Coininission shall administer a clenr, countywide classification and salaiy administrntion systcin for technical, speeialis4 administrative and elerical functions with a li:nited number of broad pay mngcs within each classificaGon. The classification system shall inchrde the employees of the offices Iisted in Article V of this Chzrter, as well as those of the County Executive and County Council except those etnployees in posilions designated as tinclassified by gencml law. 8 Appendix B The ctassification syslenr shall, to the extent permitted by the Ohio Constitution, include the employccs of all offices, officers, agencies, depanrnents, boards, commissiuns or other public bodies, other than separate political subdivisions, that are supported in whole or in part froin taxes levied, ot othcr ffirancial assistance provided, by the County. SEC'1'ION9.04 API'OINTINGAU'1'II:ORITIN:S. The County Executive and the officers, offices, agencies, departnrents, hoards and commissions anrl other public bodies, who under this Charter 01 under general law are authorized to employ persons in the service ofthe County, shall be appointing aulhorities_ person.s interested in employment with thc Cunty shall malce application to thc Department of Huinan Resources. No appointing authority shall appoint a person Lo fill a vacancy in the classified service who does uot meet the qualifications for that position approved by the Human Resource Commissiotr. All Appointirng Aathorities shall strive tn muking appoinlments in both the classificd and the unolass'ified servicc tu eneure that the diversity ofthe poptdation of the County is reflected in the persons who are employed by the County. SECTION 9.05 DEPAR'1'MENT OF HUMAN RESOURCES. . There shall be a Department of Human Resources, which shal I serve under the direction of and perform such functrons oii behalf of the Ifunran Resource Commission as the Commission shall prescribe. ARTICLE X--PURCHASING SI'sCT[ON 10.11 DEPARTMENI' OFPURCHASING. _ There shall be a Department of Purchasing under the direclion ot the Couuty Executive, which shall be responsible, except as otbcrwise provided by this Charter or by crdinauce, and to the extent permilted by the Ohio Constitution, for the purchase of goods and services required by all offices, officers, agencies, depamnents, boards, cominlssions or othcr public bodies, other than separate political subdivisions, that oro supported in whole or in part from taxes levied, or other financial assistance provided by the County ARTICLE XI--INTERNAL ADDITING SEC7lON 11.01 COUNTY AIIDI'1'COMMITIRE. The County Audit Coinmittee shall provide interoal auditing to assist the Connty Executive, Fiscal Officer, lhe Council, ;md other county officers and deparlments, institutions, boards, coinnrissions, authoritics, orgunizations, and ngencies of the Couoty govcmment funded in whole or in part by County funds in providing taxpayers of the County with efficient and effective servicc.s. 'rhe Comtty Audit Comntittec shall consist of the Fiscal Otlicer, who shall scrve as chair of the comniittee, thc Cuunty Executive, the President of Council turd two residents of the County appointed by tire County Executive and eonfirmed by Council. The County Audit C:omtnittee shall meet at least quartcrly and shall oversee intemal and extcmal audits. SECTION 11.02 DEPAR'1MENT OF IN7'ERNAL AUDITING- Ihere slrall be a Departntent of Internal Auditing, wlticb shall s'erve under the direclion ot; and perfurnn such functions on behalf uf, the County Audil Committec as tire Contmittee shall pmscribe. SECTION 11.03 DIRECIOR OF INTERNAL AUDI'I'ING: APPOINi`NIENT, DUTIES AND QUALI FICATIO--°^`S. The Director of lntcnral Auditing sh.dl be tire hcad of the Department of Internal Auditittg. The Director of brternal Auditing shall be u Certificd Intenial Auditor or mcmber of the Institute of InLernal Auditors or a simiVar successor organization and shall be subject to, and fotluw at all tiines, the Code of ELhies for Certified Internal Auditors or a similarly recognized code of ethics establishcd by the Institute of Internal Auditors or a similar successor organizahon. The County Audit Commiltee inom candidates for appoinhnent as the Director of Internal Auditing. The Council shal I inake the uppointment, which shail be shall recommend to the Cuuncil one or fur a terin of four years, or ending with the end of the term of office of the t7hen County Exemttive, whichever como.s first. The Direcmr of Internal Auditing nray be dismissed by the Council fnr caus'e, following a hearing at which lhe Direetor of Intemal Auditing shall have had the opportuntty to be represented by eounsel und to present his or Itor case for retention in uffice_ Thc Director of Internal Auditing shall interview and make recommcndations for the hiring of srafffor the Department of Internal Audiling to the County Audit Commitlee, which shall approve or rejectsuch recommendations. SECPION 11.04 AUTIIOI2ITY OF DEPAR"IMENT OF INTERNAL AUDiI'ING. Tbe Departmenl of tntcrnal Auditing shall: (1) Prepare its amtual budget and the work program for the Department of Internal AudiLing; (2) Develop a schedule of deparhnent audit fees, wltich shall be billed to cach deparbnent as it is audited; (3) Guide the intemal audit process through einployment of'. (a) GovernmentAuditing Standards, tJniled States General Accounting Office developed by thc Comptrotler General of the United States; and (b) Professional Stattdards of the Institute of Intemal Auditois, American Iristitute of Cerbfred Publie Accountants, gcnerally accepted auditing standards ur gene.mlly accepted streeessor to such standards; (4) Prepare a preliminary financial and performance auditing report for the depariinent being auditedQ and (5) Pei'form any other duties or respnnsibilities prescribed by the County Audit Comnrittee. ARTICLF XII--GENERALPROVISIONS SECCION12.LI1 EFFECTIVE DATE OF CHARTER. provided herein witlr respect to particular oR`icers, offices or funetio The effective date ofthis Charter shall be Janoary 1, 2010 exeept as otherwise 9 Appendix B SEQI'ION 12.02 REMOVAL OF ELEC'fbID OFFICtALS BY RECALL. The County Exocutive, a member of the Cotmeil, and any other elected County officer may be removed from office by recall- The procedure to etPect such rcmoval shall be as follows- (I) A petition signed by qualified electors demanding the election of a successor tu the pcrson sought to be removed shall conlain a general statcmcny in not inorc than two hundred words, of'the grounds upon which rcinoval is sought- In seeking removal of thc County Executlve, llte Prosccoting Attorney, or a inember of Council, such pelition must be signed by qualiCied elceturs of thc County equal in number to at leasl ten perccnt of the nurober of votes cast for ltte ofiicc of Cunnty Executive at the next preceding Cnunty election. In seeking renioval of a member of Council, such petihon must bc signed by qualified electors of that member's district equal in number to at leasl twenty percent ofthc number of votes cast in that district tor the nCfice of County Gxecutrvc at the next prcceding County election for that nffice. (2) Petition papers shall be procured ornly from the Clerk of Cuuncil, who shull keep a sufficient nomhcr on (ile for the use as provided by this section. Prior to the issnance of such petition papers, an affidavit shatl he made by ooe or more qualifiul electors of the County and filed with the Cleik of Council, slatutg the naine and otRoe uC lhe ofticial suught to be removed. I'he Clerk of'Council, upon issuing any such petition paper, shall enter of a record to be kept in his on her office the name of the eleetor lo whom the petition paper was issued, the date of such issuancc and the nuntbcr of papers issued. The Clerk of Council shall c.eitify tipon each petition papei the name oC the elector to whom it was issucd and the date of issuance. No petition paper sn issued shall be accepted as part of a pctinon unless it hears the cenificale of thc Clerk of Council and unless it is filed as provided in this scetion. (3) The potition shall be addressed to the Council. With each signatnre shall be stated the place of residence of the signer, giving the street and number and ward and piecinct. Ttte signatures need not alI be on onc paper. One of the circulators of every such paper shall sign an affidavit sta[ing that each signature on the paper is the genuine signatuie of the person whose name it purports to he_ Alt suclr papers Cur fhe rentovzl of any one official shall be Castened together and be filed as one instrument within ttiirty days after the filing with the Clerk of Council of the affidavit slating the name and office of the official sotight to bc removed- The Clerk of Council, within ten days after the filing of such petitions, shall determine the sufficiency of such petition and altach a certifcate showing the result uCltis or her examination. The petition shall contain tlte name of a person designated to receive the pctition in the case it is retumed by the Clerk of Counci l for insutTicierrcy. If the Clerk of Council shall certify ihat the petition is insufficienl, he or she shall set toiah in the certificate the part iculars in whiCh dre petition is defective, and shall return a copy of the certiticate to tlte person desigoatcd in anch potition to teceive it (4) A recall petition so returned niay be amendcd at any timc within twenty days after the cerlification of insufftcicncy by the Clerk of Council, by filing a supplementary petition upon additional petition pnpers, issued, signed and filed as provided in lhis section for the original petition. lhe Cleik of Council shall, within ten days atter such ainended pctition is filed, rnake an examination oC the amendcd petition and if his or her certificate shall show the sainc to be slill insufficient, lie or she shall retnrn it to lhe person designated in snch petition to receive it, without projudice, howeve, to the filing of a new petition. (5) If the Clerk oCCouncil shall determine that the petitiun or amended petition is suClicient, Ite or she sliall at once snbinit thc petition with his or her ccrtificate to Ihe Council and fnrthwith notify the official soughl lo be rcealled of such action. If the official whose removal is sought shall not re.sign witltin five days afler such notice, the Council shall thereupon by order fix a dav for holding a recall election. Such electiou sltatt be held not Iess thnn forty nor more than sixty davs after ttre petition lias been submitted to the Council by the Clerk of Council_ If possible, the recall election shall takc-place nl the timc ofany county general, primary, or special clcetion lhat is to be held within such periad. (6) The ('Icrk oC Council shall Iransmit a duly certificd cupy of such order to the Cuyahoga County Boarrl of Elections or to any s'uccessor ot7icer or agency having responsibility for the condnct of elections in the Comny_ I'he election authorities shall publish notiec and make all arrangements necessary for holdingun elec.tion. i'he election shall be conducted and the result mturned and declared in all respects, as are the results uCCounty general elections. (7) Bach ballot at such election shatl have printed upon it the following questiont "Shall (nainc of person) be removed front the officc of (name of office) by recall?" Inuncdiately besidc said propositions shall bc a space whore eleclurs rnay vote Cor or against such propositlnn. (8) If a majority of the votes cast on the ques'tion of recalling an elected of(icial shall be against the recall, the elected official shall continue in offce for the remainder of his or her uncxpired term but subject to recall as before. If a inajority of snch votes cvcre for the recall, the elected offlicial shall be deemed removed Crom office upon the announcement ofthe official result of the election. (9) When a pcrson is removed froin office by recall, the vacancy will be filled in accordance with the provisions of tltis Chaiter and geneml law- SECTION 12.113 FOI2FE1'PDRE OF OFFICE. A County elected official shall forCeit that office if the officer (1) Lacks at any tinte during the tenn of offica any qualificntion for the office preseribed by this Charter or by general law to the extent applicable under this Chartei; (2) Knovingly violates any express prohibition of lhis Chaiter, including Section 12.041tereof, (3) Is convicted nf any felony or uf any crime involving tnoral turpitude; or (4) In the case of a ntentber of Councii, Cails to altmtd three consecutive regular meetir.gs of'the C'ouncil withmrt being excused by the Commll. SECTION 12.04 REYO12'TING OF OFFERS TO INFLUENCE OFFICIAL ACTION. Any elected or nppointed Cotinty offieer who receives or wlto has s'pecific and personal knowledge of any offer by any person of anything of value to be given to a Counry officer or employce for the purpose oC intlucncing sueh officer or einployee in lire performance of such offteets or employee's official duties shall prornptly report the rnatter to a law enforcement officer or agency believed by the reporting officer or eniployoo to havejurisdictron or Cesponsibility conecrning ihe matter. Such officer or employee shall Cully cooperate in any invesligation ofand any iesulting prosecution or action relating to the matter. SECTION 12.05 MEETINGS OF GOVERNMENTAI. BODIES TO BE PUBIJC_ All moctings of tbe Cuuneil and any comntittee, board, commiasiun, agency or authority of lhe County, as evell as any srmilar body crealed by this Chaiter or by the Council, shall be opcn to the public as provided by general law. 10 Appendix B SECTION 12.06 RKCORDS OF GOVERNMENTAL BODIES TO BE 1'lJBLIC. Records ofthe County shall be open to the ptiblic as provided by general law. SECTION12.07 b)QDALOPPORTONITY. Il shall be the policy ofthe County that (1) All offieers and mentbers of boards, agencies, commissions and authorities appointed by the Connty Executive, the Counoil or other County clecled officials; (2) All mentbeis of each Charter Review Commission; and (3) All County employccs shall be uppointed, employed, pmrnoted, and contpensated without regard to their race, color, religtun, sex, national origin, sexual orientatmn, disability, age, or ancestry. SECI'ION12.08 D:MPLOYEERIGIiTS. Etnployees of the County and its offices, agmtcies and departmenls shall have the right to organize and to engage in collective bargaining as provided by general law. Wages paid under construction contmots entered Into by llte County and its oNiees, agencros and depurtments shnll be paid in accordance with general laws pertaining to payinenf of prevailing wagcs- SECTION 12.09 CIfAR'1'ER REVIEW COMMISSION. . . . . Comnrencing in September 2012, in Septentber 2017, and at inlervals often years thcrcafter, lhe County Executive, ivith t}ie confirmatron of thc Council, sltall appoint a Chailer Review Commission consisting of nine eler,tors of the County, uo more than five of whom tnay be of the same political parry, and no morc than two of wltom may be an officer or employee of the County. Appointrnent to the Charter Review Commission shall be for a term of one year. Memhers of the Charter Reviecv Commiss-ion shall scrve withotrt pay and shall serve on no more tltan three consecutive Charter Review Commissions, unless such service is within a ten-year period. The Council shall establish rules and procedures for tho operation of thc Charter Review Commission and the County Executive shtdl piovide the Commission neces'sary staffs'ervices The initial Charter Review Contmission shall Inchtde in its deliberations consideration of changes in this Cltatter for the purpose of providing more eficetive representation of indigent defendants, for adequate funding and sttpport for the operation of the office of the County public defender, and for ehe appropriate niethod for selcction of the County pnblic dcfender. The Chartcr 12eview Commission may, propose to the Council sueh amendments to lhis Chartcr as il sltall dccin appropdatc. 1he tinal ropnrt of each Charter Review Commission, whioh shall include all pioposed charter amendments and a stunmmy of'the Coinmission's activities, sltall be transntitted to lhe Council foi consideration by the first day of July following the formation of the Charter Review Coininiss'ion. The Council shall vote within sixty days after the proposals are received on whelher or not tn submit the proposals to the electors at the ttextgenernl election held more than sixty days allcr its vote on the proposed amcndmenls. SECTION12.10 CHAR'I'ERAMENDMEN"IS_ Proposed ainendtnents to this Cbarter shall be subntittcd to the electors of the County in the ntanner provided for by the Ohio Constilutimt. SECTION 12.11 REARRANGEMENT, REPI2INTING OF, AND CORRECTION GF'I'YPOGRAPHICAL ERROItS IN, THF] CIiARTF.R. Following any election atwhich any amendntentm this Charter is adopled, the Clerk of Cotincil, witlr the approval of tltc, Council and the Director of law, may prior to any reprirding of this Cbarter, make sneh changes therein, including the nuinbers, titles and arrangement ot' artlcles and sections hereof, as may be necessary or desirable to maintain or assure the logical and consistent ordering lhereof, but no such change shall in any way affect the substance or meaning of this Charter or any part ibereof or amendment thereto_ "Che Clerk of Council inay, at any lime, with the zpproval of the Couneil, correct typographical errors appearing in this Charter, but no such change shall in any way affect the substance or nteaning of this Charler or any part lhereof'or amendment therelo. SECTION12.12 SEVERABILITY. The various provisions of this Charter are intended to be severable, and lhe invalidity of one or more of such provismns shall not affect the validity of the remaining provisions. ARTICLE %lII-TRANSCI7ON TO CHARTER GOVERNMF.NT SECI'ION 13.01 OFFICES ABOLISHED. office that succeeds to tlrc powers and dutics of a predceessor office, the As of the date when any officer elected or appointed pursnant to this Charter assumes an corresponding predecessor office is aholished, and the dtdies of those officers shall be assumcd by the respective officers as provided herein. SECTION 13.02 INI'I'IAL ELECI'ION OF COONTY OFFICERS. . . No primary election shall be held in 21110 for any elected office that is abelished pursliantto this Charter, rhe primary clcction for the nommetion of Cnunly otticials to he elected atthe November 2010 gencml eleclion shall he Ireld on the first'I'ucsday atler the first Monday in September 2010, l'hal primary clection sltall be cronductcd provided by general law for primary elections for thc nomination of county elected officials, provided tltat filing deadlines and other tnatters of lime in the manner relating to a prirnary cleetion, including those relating to declarations of candidacy for nonpartisan candidates, sltall be adjusled as necessary relatlvc tn the primary date provided for in this sectinn_ 'rhe initial terms ofthc six mentbers elected from Couneil Districts 1, 3, 5, 7, 9, and 1 l shall be for fotn' years, and the initiat lerms for the members elected from Districts 2, 4, 6, 8, and 10 shall bc for twoyears SECI'ION 13.03 OERICERS AND EMFLOYEES. Nothing in this Charter except as uthenvisc specifically provided shall affect or Impair the riglrts or privileges of persons who (I) Rights and Privileges Preserved. are County ofllcers or employees at the time of its adoption. Except as specifically provided by this Charter, ifal the timo tlds Charter takes effect a County administmtive officer or (2) Conlinnanee of Office or Employment. entployee holds any office or position that is or cuti be abnlished by or under this C:harlet, lie or she shall contmue in such position until the tuking effect of sotne specific provision under this Charter directing that he or she vacate the oftiee or position. I I Appendix B (3) Human Resource System. Att enrplnyee holding a County position at (he time this Charter takes ful I effect who wns serving in that same or a contparable position at the time of its adoption shal I not be subject to eompelitive exainination as a condition of continuing in the same position, but in all other respects shall be subject to the provision of tliis Charter and Ordinances and regulations enacted pursuant to this Charter relating to the human resource system SECTION 13.04 DEPARTMENTS, OFFICES AND AGENCICS. (1) Transfer of 1'owcrs. If a County dcpartmenr, office or agency is abolished by this Charter, or if a portion of the powers and duties of a departntertt office or agency is transferred hereby to another department, ofGce or ageney, such powers and duties shall be Iransforred to the County department, office or ngency designated in this Charter, or, if this Charter inakes no provision therefor, ns designated by ordinance. (2) Property and Records. All property, records and equipment of any department, office or agency in existence wheii this Charter becomes effective shall be nattsferred to any department, office or agency that assumes its powers and duties as pmvided hcrcin, but, in the event that the powers or dutics are to be discontinued or divided between such entities or in the event that any conflict arises rugarding any such tennsfer, such property, records or equipment sltall be trangferred to lite department, ottleo or agency designated by tlre Council in accordance with this Charter. SF,C'lION 13.05 PH:NDiNGMATTERS. All rights, claints, orders, contraUs and legal administrative proceedings shatl continue excepL as modificd pursuant to thls Charter, and in each case shall bc inaintained, carried out or dealt with by the Connry dcpar[ment, office or agency as shall be appropriate under this Charter. SI?CTION 13.06 LAWSIN FORCE. AII County resolutions, ordeis and regulalions that are in foroe when this Charter beeontes fully effective are repeatcd to the extent that they am inennsislenl or interfere with the effeetive operation of this Charter or of ordinanocs or resolulions enactcd pursuant hereto. To the extent that goneral law pennits, all laws relating to or affecting the Cormty or its offlcers, agenciec, dcpartmenls or entployces that are in force when this Charter bccontes fidly effective are superseded to Ote extent Ihat they are ineonsistont or interfere with the eHective operation ofthis Charter or of ordinances or resolutions cnacted pnrsuant hcrcto. SECTION t3.07 '1'RANSITION ADVISORY GROIJI'. _ the Doard of County Corntnissioners, not later than Maroh 2010, shall designate three senior adntinistrative ufficials of the County to act as a'17ansttion Advisory Group, which shall develop recommendations fnr the ordedy and efticient lrnnsition to the operation of the County government under the provisions of this Charter and shall work with the newly elected Cmmty officials_ Tlte Board of County Cummissioners shall provide necessary facilities nnd support for the Transition Advisory Group and sltal I make provision in the budget of the County fur the salarics of the elected officers who are to tuke oHice in January 2011 and for such other mnlters as shall be nu.essary and practicable to provide for lhe transitlon. All County officials and employees shall cooperate with the'rransition Advisory Group by providing such information and documcnts as lhe Tmnsition Advisory Group shall request in connection with the perforinancc of its duties under this section and shall usc thcir best efforts to assist the newly elected County ofEciale and their designees and representatives in implcinentine lhe transition- APPENDIX A INITIAI. COUNCIL DISTRICI:S District 1: The cities ofBay Village, Fairview Park, North Ohnsted, Rocky River, and Westlake, and Olntsted 7osvnship, all except Precinct D Dish4ct 2: the cities of Brook Park, Lakewood, and city of Clevcland Wards 18 and 19 District3: '1'heoityofCleveland, Wards 13, 14, 15,16,and 17 Dnh uL 4: 'fhc cities of Brooklyn, Parma, Parm t Heights, Scven Hills, and the village ofLitindale Dish ret 5: The cilies of I3erea, Middleburg Heights, Nortli Royalton, Ohnsted palls, and Strongsville, and Olntsted fownship Precinet D and villages of IIentleyvillc, District 6: 'Ihe cities otBrecksville, Hmadview Heights, Ilighland Heights, Independcnce, Mayfield Ileights, Pepper Pike, and Solon, 13rooklyn Heights, Chagrin palls, Cuyahnga Iteights, Gates Mills, Glenwiltow, Hunting Valley, Mayfield, Moreland ftills, Newburgh Heights, Oakwood, Valley View, aod Walhm Ilills, and Chagrin Falls Township_ District 7: The city of Cleveland Wards 3, 7, 8, 9, and 12. District 8: The city of Cleveland Wards 2, 5, and 6, and the cities of Garfield Heights and Maple Heights District 9: The cities otBe.dford, Bedford Heights, Cleveland Wards 1 and 4. Slraker Heights, and Watrensvillc }icights, and ltte villages of Highland Hills, North Randall, Orange, and Woodinere District 10: The cities of Cleveland Wards 10 und 11, East Cleveland and Cleveland Heights, and thevillagc of Dralenahl Dish'iet 11: The cities of Hcaehwuod, Euclid, I yndhurs6 Richmond Heights, South Euclid, and IJniversity Heights A!] Cleveland tvards are as esrablishvd by Ordinance No. 370-09 and Ordinanee No. 4(7-09 ewacled by the t:leveland City Corenei! on Ma'ch 23, 2009, and March 30, 2009, re.cpectivelv. 12 Appeudix C G^ co oNpp o ° AY ^ U ° (T7 C owo7V^oa tyNnoo^ Joint News Release Cuyahoga County Transition Advisory Group and New Cuyahoga Now and Greater Cleveland Partnership COUNTY, CIVIC LEADERS WORKING TOGETHER TO CRAFT HISTORIC TRANSITION Action occurring in numerous areas as public invited to participate Cleveland - December 16, 2009 - Plans are underway to ensure a thoughtful, inclusive public process around the historic restructuring of county government, according to the Cuyahoga County transition team and an external group of civic leaders coilaborating on the transition. Also, discussions have begun to ensure momentum continues on important immediate countywide priorities, such as the Medical Mart and the upcoming Health & Human Services Levy. Last month, voters approved Issue 6, which will replace the three county commissioners with an elected county executive and elected county council. Other county offices will be eliminated and/or consolidated under the government -which will take effect in 2011. Cuyahoga County's Charter-mandated Transition Advisory Group ("TAG") met recently with New Cuyahoga Now ("NCN" - the group that led the successful county reform campaign) and the Greater Cleveland Partnership. TAG invited them to form a comprehensive civic coalition, that will represent - and work with - all sectors of the community during the transition and beyond, The Transition Advisory Group, New Cuyahoga Now and the Greater Cleveland Partnership look forward to this coalition continuing to grow in the coming months with other stakeholders. They also acknowledged the depth of experience of the county's workforce, affirming the great need for the continued insights and efforts of those who have honorably dedicated themselves to public service. Over the next 13 months, these groups are committed to collaborating with the public and other partners in the spirit of transparency, inclusivity, accountability and equity to reposition the County for a strong and dynamic future to fulfill the specifics and intent of new Charter's objectives (see attachment). E'fforts alread underwa Collaborative efforts are underway to guide the transition. While working together, the groups will focus on those areas where they are best suited to play a role or have expertise. TAG has begun preparing a baseline programmatic and fiscal assessment of all of Cuyahoga County government. At least eight working groups are being formed to examine core operational areas such as finance, human resources and human services (for a futllist, see attachment). Workgroup members will -more- Appendix C TAG-NCN - 2 include current county staff and community volunteers with expertise and/or interest in a particular area. NCN and the GCP will assist TAG in identifying leaders and members of these task forces. In addition, the GCP will help fulfill the critical need for talent and experience in large scale organizational turnaround to assist in providing a solid footing for the new County leaders in 2011. Other workgroups will be formed by the coalition as new issues and ideas surface. They hope to identify committees and the composition of the committees in January 2010. NCN and the GCP will continue its efforts on key priorities, including a code of ethics, campaign finance reform, economic development and other long-term, post-transition issues (see attachment for fult list). They will also maintain as a high priority supporting a County structure that provides adequate funding for necessary health and human services. Members of the coalition plan to individually and strongly advocate for passage of an existing county health and human services levy that will be on the May ballot. Additionally, GCP and NCN affirmed the need to continue momentum for important civic projects such as the proposed Medical Mart and Convention Center, and intend with their membership and expertise to support the project however possible. Transition structure Under the Charter, the TAG is responsible for "developing recommendations for the orderly and efficient transition" of County government in 2011. A steering committee will be created to oversee the work of the transition and to review recommendations as they emerge. The groups envision a joint effort focused on achieving the following goals: 1. Achieve transformational realignment of county government through a true public-private-civic partnership. 2. Realize substantial efficiencies so that resources can be redirected toward essential County initiatives enhancing growth, job creation and health and human services. 3. Create an umbrella big enough to include all dimensions of the community and all the necessary skills and constituencies to ensure the group sets the right goals, gets the right answers and makes the right changes during this once-in-a-Iifetime opportunity. Regular status reports will be communicated to the public using the media, public forums and other tools available. Cuyahoga County citizens can be assured that the transition process will be open and accountable. Public Invitation Both TAG and NCN intend to secure public confidence and support during this historic opportunity. To do so, they understand the need to actively and openly engage Cuyahoga County's residents, businesses, community groups and other stakeholders. The public will be invited to participate and voice their thoughts and concerns in several ways, including attending public forums or participating in workgroups and taskforces. More information will be available soon on www.cuyahogacounty.us. Press Contacts: James McCafferty, 216.443.7215 Marty Zanotti, 440.823.6226 Joe Roman, 216.592.2341 ### Appendix C Charter Obiectives 1. Focused, effective and accountable leadership; 2. Job creation and economic growth as a fundamental government purpose, thereby helping the County do a better job of creating and retaining jobs and ensuring necessary and essential health and human services; 3. Collaborative leadership with Cleveland, suburbs and others within the public and private sectors; 4. An improved focus on equity for all our communities and citizens; 5. Long-term regional and global competitiveness; and 6. Significant taxpayer savings by streamlining and eliminating unnecessary elected offices. Transition Advisory Group Workgroups (to be co-chaired by county and civic leaders) 1. Finance/Administration 2. Human Services 3. Human Resources 4. Justice Services 5. Infrastructure/Supportive Services 6. Economic Development/Planning 7. County Council Planning 8. Boards and Commissions 9. Other groups may emerge in light of discussions New Cuyahoga Now Priorities 1. Code of ethics 2. Campaign finance reform for County officials 3. Economic development to benefit the entire County 4. Collaborative discussion about post-transition, long-term challenges. 5. Other issues that may emerge during the transition - - ^_..^. (312l20101 Joseph Nanni- WOI-2KGROUT' CKarges Appendix D From: Joseph Nanni To: Gary Holland; Gross, Joanne Date: 12/22/2009 7:09 AM SubJect: WORKGROUP Charges Attachments: WORKGROUP Charges.doc Here is the draft "charges" document. It includes Joanne's info. Please let me know what you think. ?I, will take copies to Jim's office at 7:30 Thanks Joseph Nanni Director, Office of Human Resources t3oard of Cuyahoga County Commissioners 1219 Ontario Street, Room 417 Cleveland, Ohio 44113 phone: 216-443-7190 fax: 216-443-5858 email: [email protected] This e-mail message, including any attachmenfs, is for the sole use of the intended recipient(s) and may contain private, confidential, andlor privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, employee, or agent responsible for delivering this message, please contact the sender by reply e-mail and destroy all copies of the original e- mail message. - -- ^ _ (3/2i2o10^ Joseph Nanm_- WORKGROUP^^rges.doc Page 1 DRAFT 2 12/22/09 Appendix D CUYAHOGA COUNTYTRANSITION WORKGROUPS CHARGES Health and H an Servrce Charter: Article VItI Charge; . Review existing Health and Human Services operations, by department/division and function; and by relationship with other boards, agencies and officials • Recommend an organizational and operational structure that will o best enable the Department of Health and Human Servlces to protect and enhance tho health, education and well-being of county residents as mandated by general law and as deemed necessary and desirable for county residents; and o coordinate relationships with related boards, agencies and officials to avoid duplication of services and activities and realize efficiencies • Offer such other recommendations related to best practices in health and human services as deemed necessary and/or desirable so as to achieve transformational realignment and efficiencies Departments/Divisions Affected: Executive Office of Health and Human Services, Children and Family Services; Senior and Adult Services; Employment and Eamily Servlces, Cuyahoga Support Enforcement Agency Ju s tice Se Charter: Sections 4.09., 5,03, 5.04, 5.06, 5.08 Charge: • Review existing operatfons, Office of the Sheriff, Coroner's Office, Clerk of Courts court-related functions, the civil division of Prosecutor's Office as it Interfaces with the new charter functions, the Office of the Public Defender, the Department of Justice Affairs, and the Justice System Reform initiative and those operations' relationships with the court system, the law library and other county departments and systems • Recommend an organizationat and operational structure for the appointed offices of the Clerk of Courts, the Sheriff, the Medical Examiner, and the Director of Law that will ensure those appointed officials can fulfill the duties of their offices as mandated by general law and/or as specified in the charter • Offer such other recommendations related to best practices for the operations of the justice system so as to achieve transformational realignment and efficiencies TAG Workgroup Charges Page 9 of 3 - _- -., Page 2: ^312130 ) osepfi Nan^ _WORKGROU Charges doc Appendix D DRAFT 2 12/22/09 Economic Development/Pianning (in conjunction with NCN and GCP aims) Charter: Article VII Charge: . Review existing operations of the Departmont of Development and the Department of Workforce Development, including Cuyahoga NEXT, the Workforce Investment Board antl other established county initiatives devoted to economic, workforce and community development • Recommend an organizational, and operational structure so as to enable to Department of Development to best coordinate the programs and activities of the officers, departments, agencies, boards and commissions of the County that relate to economic development • Recommend staffing, rules and byiawsforthe Fconomic Development Commission • Offer such other recommendations related to best practices so as to leverage the county's existing resources to promote and enhance the economic well-being and prospetity of the County and all of its residents Countv Councll_Planni g Charter: Article III • Recommend such operating procedures and staffing structure for the Council. Including the Clerk of the Council, so as to enable to council to exerclse the powers and duties as set forth in section 3.09 of the charter • Review the existing contracting process and recommend any such policies and procedures that will improve the contracting process and achleve desired efficiencies • Recommend sueh immediate (emergency) actions to be taken by the Council in January 2011 so as to enable the continued operations of county government + Offer such other recommendations for the County Council so as to achieve transformational realignment and desired officiehcies Fi n a nce/Administration Charter: Article V Seetions: 5.02;5.05;5,06 ;5.07, Article X, Article XI • Review existing operations in the offices of Auditor, Recorder, Treasurer, Office of Budget and Management, by department/division and function; and by relationship with other boards, agencies and officials • Recommend an organizational and operationai strueture for the appointed offices of the Auditor, Recorder, and Treasurer that will ensure those appointed offlciais can fuifill the dutios of their offices as mandated by general law and/or as specified in the charter TAG Workgroup Charges Page 2 of 3 • (3I212010^Josph Nanni - WGRKGROUfCharges doc Appendix D DRAFT 2 12/22/09 • Offer such other recommendations related to best practices for the operations of the County's Fiscal Administration system so as to achieve transformationai reafigninent and efficiencies Human Resources Charter: Article IX • Review existing Human Resource operations/procedures/technology in all the Charter Impacted agencies to identify current best practices and or redundancies + Recommend an organizatlonal and operational structure for the seamless transition to a Human Resources Commission operation to ensure: o Pay equity for like positions o Standardization of benefits o Approval of.qualifications o Consistent discipline o Training of management in personnel practices o Training of employees in job functions o Training for total quality management o Consistent administration of performance management system o Coordination of recruitment o Compliance with ethics resolutions or ordinances as passed by the Couneil; and • Offer such other recommendations related to best practices for the operations of Human Resources so as to achieve transformational realignment and efficiencies Boards and Commissions Charter: Article VI • Review existing operational, fiscal and appointment processes the County has with the many and varied Boards and Commissions • Offer such other recommendations related to best practices for the operations and relationships between the County and the various Boards and Commissions so as to achieve transformational realigmnent and efficiencies InfrastructULe/.^'illAUortiye S'erylce8 Charter: Article V Section: 5.05, Article X • Review existing infrastructure and supportive services, including Central Services, Procurement and Information Services Center to document current service delivery processes for both Charter and non-Charter agencies. • Recommend an organizational and operational structure that maximizes efficiencies in these infrastructure and supportive service areas including TAG Workgroup Charges Page 3 of 3 ^3I212o10) .^..^ Jose h Nanni -^RKGRQI7P _.^Cfiar^es doc ^_ DRAFT 2 12/22/09 Appendix D agency charge back process, property/lease inventory, IT/facility maintenance contracts, enterprise system planning and centralized procurement processes TAG Workgroup Charges Page 4 of 3 )penness ofCounty Transition Connnittee QuesGoned / WCPN.org htlp://www.wepn.org/WCPN/news/29633 90.3 WCPN ideastream®: Openness of County Transition Committee Questioned Appendix E OpennessofCounty TransitionCommitteeQuestioned ---- Tnesday, I'ebtvary 9, 2010 Topics: Po]itiSs =.;RSS tih ,rt ltl. ta Slr^t' r4 s_hao, From'Chc Plain Dealer by Heury J. Gomez: James McCafferty and Martiu Zanotti, the two most vi.sible faces behind Cuyahoga Countys transition to cltarter government, were on the hot seat this mnrning. Dan Mmilthrop, host of 9o.3's ""I'he Sound of Idcas;" pressed the two -with help from his skeptical listeners - on a ivide range of issnes snrrounding the changeover. The tnost interesting discussions centered on transparency and openne.ss of tlte Lransitioti process. When announcing a roster of cstmmittee co-chairs lasl month, McCafferty and 7anotlisaid news reporters and the general public would not be welcome at all committee meetings. Il was au eyebrow-raising statement, given that the fornt of government beingreplau;d by the charter drew complaints for its secretive, baclsoom dealing.s.'1'hese cotnmittees, which will convene and operate with the supporl of ihe lame-duclc county contmissioners, will make a host ofrecommendations to the new county executive, who is not bound to accept them. CLliVELAND, Ohicr-Jmaes McCafferty and Martin 7amotti, tbe two tnost visible faces behind Cuyahoga Connt}vs transilion to charter government, were on the ]tot seat this motning. Dan Moulthrop, ltost of'Thu Sound of Ideas" (follow dte link to listen to au archived recording of ttie show) on WCBN-FM/9o.3, pressed the two-with help ft'otn his skeptiwllistenet's-on a wide range of issues sm'ronuding the changeover. The mostinleresting discnssicins centered on lransparency and openness of the transition process. When anttouucing a roster of commftte,e co-citairs last tnonth, McCafferty and `Canotti said news reporters and the general pubticwonld not bc welcome at alt committee tneetuigs. It was an eyebrow-raising statement, given that the fornt of government being replaced by the cktarter drew complaints for its secretive, backroom dealings. These committees, which will convene mid operate wiih ihe sttpport of tlm lante-dnck county comntissioners, will tnake a host ofrecommcndalions to the new connty executive, who is not bnund to accept tltent. On the radio, Zanotti gave several reasons wby he believes the comnuttees tnnst bc able to condnctbusiness behind closed doors. For starters, he thinks reporters cotdd be a distraction. 'Tt's uot that the public is not welconre, it's the practicality of gettlng work done," lie said. "It's not practical to expect every single mecting to be open to nredia que.stions. There are gohtg to be times that people are going to need to sit in groups of five or six.md just getworkdone" Another reason offered: Giving tbe public proper notlce of all meetings is not feasible. "1'cclmically speaking," Zanotti said in response to a question frotn Moulthrop, "we don't believe the Sunshine Laws [state guidelines for open mectings] apply to us." McCaffcrtyhas pledged to make utiimtes-a general rmtdown ofwttat is disettssed at eaeb committee gathering-available on the county's Web site after every meeting. Several callers worried about a lack of transparency and a lack of diversity among tt'ansition lcaders. MeCafferty and Zauottiare both white, but iheycited black leaders snch as State Sen. Nina'furner and Cleveland Mayor Frank.Jackson, boih ofwhom will be committee co-chairs. Boiled down to two words, the gist of McCafferty aud Zanotti's mrssage today:ltust us. 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Appendix F CLEVELAND SCENE RSS A4UIIVES LOTTfRYLEALUEHEiUMSTONES11lRfLC.; I IPllCICP(nfALOFTFNISlFIONPMCPS_ a WEONESDAY, FEBRUARY 10, 2010 ZANOTTI:WE'RE ALL ON A NEED-TO-KNOW BASXS POSTEB BY FRANK LE\VIS ON WEO, FEB 10, 2010 AT 0:50 PM The pllode hae dl.uevered tlle first bnmp rn Ihe 1a-teAad'eaed tD refalm," and open goyernmeM advoeatae are Irat Pleased. The Amedcan CMI Uberller UMen nf qido has asked Cuyahoga Caunty transition ftaders to open up translllon caemNRee auelings to the puhlK and medle Teensparenay Is absa!ulely esceMlal La bvlld pu21k Vusl and emule Ihm ofnclnls are eeeNng ihe pcopl{ .¢ye Chrbtlne IJnk, execNHe dbectoro(ACLp Uhla. The ACW's reqvett cames a day after tronsitlon eo-ChaM1s Zawttl and Jim McCafferly appeared on WCPN's'Saund of tdeae radb ehow. Nuling Ihe shvw, Zanolll ard M[Cef(erty told hest Oan Mouhhrop ehavepatters and dtlaanswouldnY neceswlly be allowed Inla all meafings. A dole0 commhtan wlll meet thmug)wua 20101o aafl reeemmendmla•e far Cuyahaga Countt's new chener gm'ernmem, wAlAa goes IMO iffect7anuary 1, 2011. Vutc+s adnnitd ihe ahaqer Int fell dur4g a campal9n Nwhlch ZanoBl and mher pmponents pmmBed government refnrm. 'It Is nn Inherant wnlradl[tfoG thac an adaSSarycommltlee inexnt ro rtfmm ceunN 9ayemment whherla do ee befilnd absed dnors without the full paatklpaNen of Ihe publKf nays Unk In a news Itlease. McCafferty, ihe cauntVs aMef zdrNnlrumoe, was aype4,ted by the cnunly boerd oetnmmbalanen to evenee tne tramltlon prnaass, ln cnrnpnanre+Nih the newty adopled iharler. tbwever, MsCaf(uty hu Irrvttad Zznattl- a leeder In IaN yeaYS aamP kn for a newcounty govitnmErrt - to hntp oveuee the process. Zanottl's Im'akement hoe been questhned by adttcs, sanu who say lhal Zanottl Is not qua1Hed m simph'sheuldn'1 be InvnNed because of qa>sllanabte po4tieat motWes. ¢anoltl haa repaatadly aald he will not run for the courtys nelr leadauhlp pusitbn.l 2anonl and McCafterty arvraur.cad Ihe Uausldon+nmmlttees Ixn weeks ega end sek a1 the Hme (hat nnt atl mteMgs would be hetd pvblkly. The mmmltlees are stacked heavlM wllh corparale exeeotlvea end county adMnlsNatoas; nnt one sNNng efecred couaty offftlzl is InveNed, whkh seenas tn ba why 2znoul aguac that Oheo's pubge mee0ng (or °sunsEtne ) lew+do natapply. Oniues6ays radio brnadcasq Zanoltl shared hln reasonng tar kaephg tl,e maesk,yselosed+tilb Meuilheap. Repenere,.aya Zanotn, wlll dlstraat tha work aersfanr. eta aso aald nailying tfie pnblk of t1m meetings wnuld ,aot ba'feaJbk.' Zanead muld rwt be muued tar camment Wadnuday, boe McCalfeAy*egs Scenelhet a uven-memben+snsttlan exeodive camnJUee will conetJ¢r the RCLVs request.'1 agree 1110 peeceollhatpaapleneedloknawwlut'againgon; saysMCCaRelay.Hawever,besald,someworkeeaslonscuo'dlrulude'dkey'wrweraallumebnusttucaunBworNmce. The n6neqlan t%icuiNe commRtee IMI W es MtCaffelty, Zanolll, Cleveland Mayae FlaL,kJ+ckaun,ferfy Sue Tharnlun ui Cuyzhnga Cummunlty College; and Iblae cotp rate executHef: Nendy McSheyasd ul Mcdlnz-based p?M Inw,nlwcep Aloxander'Sandq OJVer of faton Cnlp,; Tom Zenly of UnkeoilY HospM1ats: andierrySue Tewrmon AtceaffetlY says commltteer hvae already sfartad menhy behird clo6ed dvors. As of Wednesdq merMng. NznYllon kaders had nol set adate for the RNt pW uc sessbn. The l+sue lu,'t lose on soma eandldale> running for Ihe newA' ereated wunty executNe posNOn.'Tbey have lo flpure au1 a Way lo oyen these tmeegngaJ vp la Ihe publlc,'savs Man Uol+o, e Republkan aho announced hie caMldaeyTUeaday.'0'e4e pnt ta end th6- There can't be any percepllon al arry biokraam daals or ttat ehue Ie x persanallpMate eg¢nds I dor: t thlnk Ihn's the casa, but Iet's uke It em ef tha aquatlon' Maktng the ef1oM1 nrore publk w1119Ne IepNnaev and welyhlle Ihe recemmeMellenafor Ibe new govemmen*. says Ualan.'1Ymn ynu recaive a recun+mnWStlon thar has the baaking af the pubYc and has heen erposed to tha puhlla afd they'ra saying'thie b aamelhing w[ wanl Ihe new governmenl lo da'... Ihat sx91 enrpower people tn cary h n»ough.' Molher counly e¢e.uetva contendaf, Lakewond Mayer Fd fuaCerald, olso called far openness In the proatis and sald the decielon to haaa cbsed meelings 6 a'rNSiakef 'Clnaad mutbgs afex,cmha sesden+lhauW only be cendoned bexlrearztyrare Instarrss, such as emplayee dlsclpllnaryhawingsor Ihtpxllan muners.Iwoe of rvhkTwouid be t TMs bn't the Ilrfl llme the ACLO hasvoleed concerns oyar tomnelhbq InvuMng Zer.oltl. When he Wes mayor ol Pum Ilelghis, the PfUI aued Plm and ehe clry fn fedenJ (auls after three tillaens- Including a mqvrv tand W ate -acamed ehe. chyaf euppreletng their freedam of sye ech. Mosl of Ihelr ar9Lenenl5 were d0misned, bul a ledm9Judge ordered Puma Heyfitn nel to tr:mple an the candfdalas' dghi en eanapabn fraaly. - lHmHn GLeyara ne,=mady.lNFW.tgVpIYlS9r4M12Wen. 'ave lILN.OSVeS ,,,ee„e„e,e,e...e,,,,,,e,aeeee..,.,...e.ee-,e,,,,e...,..-..e..e„eee„ee....,-e...... ,,,,ee ...... e,,,,,e„e, - N_aPIIm3®Iot }ha¢ Sw r e d9dlnSiL _.._..___.____ COMMENTS (0) I of2 4/14I20101:18PM Appendix G NEWS RELEASE For Immediate Release Contact: James McCafferty MSSA County Administrator 216-443-7215 February 11, 2010 TRANSITION ADVISORY GROUP COMMITTED TO OPEN MEETINGS CLEVELAND - Leaders of the County Transition process today reaffirmed the iinportance of transparency and openness to the fonnation of a new county govennnent by oponing all work group mectings to the public. "After consulting with the Public Engagement Worlc Group, the Executive Committee has determined that all meetings will be open to the public," said Martin Zauotti, co-chair of the Transition Executivc Committee. Raudy McShepard, Public Engagement Work Group chair, said: "We understand that transparency is essential to restoring public trust. We are fally eommitted to engaging the citizens in the transition process." In addition to ensuring public access to the meetings, Mr. McShepard said the Public Engagement Work Group will host a public forum to solicit ideas on how to engage the public in the County Transition planning process: Wednesday, Febrnary 17,2010 6:00 pm at Cleveland State's Levin College of Urban Affairs. Muiutes of the Transition Work Cn-oups and scheduled meeting dates, times and locations will also be posted on the Cuyahoga County Website at http://chartcr.cuyahogacounty.us. ,,- - _ _ --,--°--^ - - 1 . ^3/2l2010) Joseph Nanni - Fwd Slide versfon 4 this ma be itl page Appendix H From: Joseph Nanni To: Gary Hoiland; Gross, Joanne; McCafferty, James CC: Mary Denihan Date: 211712010 6,43 AM Subject: Fwd: Slide version 4 - this may be itl Attachments: Slide version 4- this may be iti Gary, Joanne, Jim The draft powerpoint for tonight is attached. Randy also wanted a some brief talking points for when he discusses the org structure. What do you think of the following: The Charter called for the three member Transition AdvisoryGroup to be named by March 2010. The County Coinmissionersappointed County staff immediately aHer the November 2009 eiection. This is a grand undertaking so there was a structureestablished that divided the process into more manageabie work groups with bothcounty and community co-chair representation. Also, the executive committee for formed for the followingreasons - to provide leadership to the various work groups - to provide resourcos to the work groups - to ensure that the elected officials to the nowgovernment seriously consider to hard work of the transition process Joseph Nanni Director, Off[ce of Human Resources Board of Cuyahoga County Commissioners 1219 Ontario Street, Room 417 Cieveiand, Ohio 44113 phone: 216-443-7190 fax: 216-443-5858 email: [email protected] Appendix I Appendix I ot thGir dewi nuc1, fhen thc aforementioned raluirement is lnappltcablc to thcn;. 1'hus, no suc.h tecotds of niandaGtry traiititzg can or do clist. Ihc {ir;t stntence oPthe ,ect}nd btdlet pointseeks rccotds ^etflm-^ Lorth: "tt.1he policies itnd prucedures (ofTicial or uno[Eieial ) used in tlte iorrnation ofaqy contruittees', subcontniittees, or morkgmups establishet] by or tutdct-tlie 1ACi." To tht; exteni that such a rcqttest sc.cl.s records of thv 1'ransitioii AdF°ist>ty Croup (I faU`). tlre rt:quest is cxriiraly propersincc: tlie'I_1t ivvss cteated by ,`iection 12 . 06 of the County Chtirter, and Mr- Y7eCatteity is a metnbc-r oFthc [:A(;. fhus, to the extent that your re.quusi seeks the production oi'rcuwrds oPthe l r1Ci, rNc arr happy to responci to those portions trf vour letter that seeks ptthhc tVcctrds ul'the. TNC;_ I]c>ac\ t,t, u=c^ are not in po5sessioia ttf an} racord; that set fotth thd1'AH'^s polictes and proccduris {o+T'icia( ot tmollicitil i used in the formation ofany cormnilte-es. suhcomtt7iltccg, or wwrkgt'oup, ettablishcd b^ or ntttier the h.AG '1'he first rtttsnn fot this is that the TAG did tiot crc Y4otcover< ``cntr ret)uest also appcatv to seek tccord., ofccrtain private croups Fuho Ijmc bcrn organizt?J bv inclieidu2ls in the cotrununiiv to en*atge in a pulalic di,wusion on ( rru, ftamsition. "I'lte,eindividuals h.tte tooscly organized th;.nt^ek ew in€u titoups 10 p0VidC, pth(ic particip,mon in the process tnide,r a'1 rnnsihctn I>`tecutive Comrnittec- Your r,:quest ,ugae.sts that ihc "^;ommtttecs, subcotmnitteev and xuot kgroups" thtx have been cnt a;*ed u; ilic puhlie dialo^uc rvtth the I.IU zire `:puhlie botiien'Vmder ft.C. 12 1.22(Fi)(1 j. It isnty constdered opinion that tiuch volttntaiy, privnte groups are not ptiblic boclies, and thus the re Vvhat is rnorc, certain portions oi' your lettcr {such ;ts thu list of (jucstjons grc>uped urn'ter the second "bulle.t point") consist ofquestions, or intet-roratifncs directcd to the recipient. `.iuch quc;tions atc not prol7erly putihc record, t'eqttests uncle-r R.C.1 44.43, sincc thcy do not reqitcxst rccords- instead thev pase qucstions. A:. such thea-e is no public- rer:ord thttt cttn be prcnluced in response to tha.an. Ihe third btdlet point si.eks. "A ltsi ofthc namcs ofcaclr tndividualJvoluntcer who is senina or has semed on a cotmmtee-, sabcommittce or \aork,(I'oup tuuter the TrlCL-, M'hile thc lists ol'volunteers and oilter indii idtttls who will be u'otkittg ott the vzu'ious c.otnmittcss attd xvorl.pttiupscresttcd bv ihe wlutaiatvprivatcjr%7up, .3rcn- a Intlic body, ttc arc happy tt, share with you tttc fist thzic hHs been generated in ihe prncess thtts tar. Appendix I rhe iourtlt httllet pttut' Sceks. "Full atpies ortnittutc.s to at1 1'ACi or snbct}tnn7ittee tncctitt,)s that ha\^catlrcady bcon hctii." 14'Itile titcIEA(i lraslicld yunte. in'u,tnal discu5siens in the h st, it Iat s until now notkc.pt miittttes nf its meetings. llc>wevc.r, it now iittends to adapt a hnlicy uCatutditneiug tlte tinie mlii place of'its meettnps,:uldnt`keepine t7Aintttes ol iis ;eeci:lti meetings. IIht htih and Ytn Finally, Nvr have retrie ved and copied approximately 7 .000 p=ti'cs of dncintienis tc,ponsic e tu your rcyumt Such docuntcntstOll bc ttti'ailaWe u)l7e picked u,)on \ tonday. \4arch 4. 2010, 'Ihe cost [ur copying these documents is anticipated to be .S? 1 fi.(10. Plaatsc be 17rtpared to r.:ntit that suti7 iit the tinre of pick-up. I trust this ic,;pnac is suflicient fur yeaur purpttsc-s. Please dq not hesitatc ttr ezIll Ine if Yuu have.n7y ftulhct- quesiicis or would hke to discttss the subject tnatter ofthis letter. 1hank you fbr your attention to this mnttce. id (r. 1:anibert E'ivi3 I)ivisicrn Chief (? 1 b)4-t3-5869 Appendix J 149.43 Availability of public records for inspection and copying. (A) As used in this section: (1) "Public record" means records kept by any public office, ineluding, but not limited to, state, eounty, city, village, township, and school district units, and records pertaining to the delivery of educational services by an alternative school in this state kept by the nonprofit or for-profit entity operating the altemative scliool pursuant to section 3313.533 of the Revised Code. "Public record" does not mean any of the following: (a) Medical records; (b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of cominunity control sanctions and post-release control sanctions; (c) Records pertainiiig to actions under section 2151.85 and division (C) of section 2919.121 of the Revised Code and to appeals of actions arising under those sections; (d) Records pertaining to adoption proceedings, including the contents of an adoption file maintained by the department of health under section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father registry established by section 3107.062 of the Revised Code, regardless of whether the information is held by the department of job and family services or, pursuant to section 3111.69 of the Revised Code, the office of cllild support in the department or a child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the Revised Code or specified in division (A) of section 3107.52 of the Revised Code; (g) "frial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential under section 2710.03or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database pin'suant to section 109.573 of the Revised Code; (lc) Inmate records released by the depaalnient of rehabilitation and correction to the department of youth services or a court of record pursuant to division (E) of section 5120.21 of the Revised Code; (1) Records maintained by the department of youth services pertaining to children in its eti>stody released by the department of youth services to the department of rehabilitation and correction pursuant to section 5139.05 of the Revised Code; Appendix J (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and family services pursuant to section 3121.894 of the Revised Code; (p) Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth seivices employee, firefighter, EMT, or investigator of the bureau of criminal identification and investigation residential and familial information; (q) In the case of a county hospital operated pursuant to Chapter 339. of tlre Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a trade secret, as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of a person under the age of eighteen; (s) Records provided to, statements made by review board members during meetings of, and all work products of a child fatality review board acting under sections 307.621 to 307.629 of the Revised Code, and child fatality review data submitted by the child fatality review board to the department of health or a national child death review database, other than the report prepared pursuant to division (A) of section 307.626 of the Revised Code; (t) Records provided to and statements made by the executive director of a public children services agency or a prosecuting attorney acting pursuant to section 5153.171 of the Revised Code other than the information released under that section; (u) Test materials, examinations, or evaluation tools used in an examination for licensure as a nursing home administrator that the board of examiners of nursing home administrators administers under section 4751.04 of the Revised Code or contracts under that section with a private or government entity to administer; (v) Records the release of which is prohibited by state or federal law; (w) Proprietary information of or relating to any person that is subinitted to or conipiled by the Ohio venture capital authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations condueted pursuant to section 3701.072 of the Revised Code; (y) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in coiinection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly fi•om financial assistance from the agency; (z) Records listed in section 5101.29 of the Revised Code. Appendix J (aa) Discharges recorded with a county recorder under section 317.24 of the Revised Code, as specified in division (13)(2) of that section. (2) "Confidential law enforcement investigatory record" means any record that pertains to a law enforcement matter of a criminal, quasi-criminal, civil, or administrative nature, but only to the extent that the release of the record would create a high probability of disclosure of any of the following: (a) The identity of a suspect wlio has not been charged with the offense to which the record pertains, or of an information source or witness to whoin confidentiality has been reasonably proniised; (b) Information provided by an inforniation source or witness to whom confidentiality has been reasonably promised, which information would reasonably tend to disclose the source's or witness's identity; (c) Specific confidential investigatory tecliniques or procedures or specific investigatory work product; (d) Information that would endanger the life or physical safety of law enforcement personnel, a crime victim, a witness, or a eonfidential infoi-mation source. (3) "Medical record" means any document or combination of documents, except births, deaths, and the fact of admission to or discliarge from a hospital, that pertains to the medical history, diagnosis, prognosis, or medical condition of a patient and that is generated and maintained in the process of medical treatment. (4) "'I'rial preparation record" means any record that contains information that is speciCcally conlpiled in reasonable anticipation of, or in defense of, a civil or criminal action or proceeding, including the independent thought processes and personal trial preparation of an attorney. (5)"Intellectual property record" means a record, other than a financial or adniinistrative record, that is produced or collected by or for faculty or staff of a state institution of higher learning in the conduct of or as a result of study or research on an educational, commercial, scientific, artistic, technical, or scholarly issue, regardless of whether the study or research was sponsored by the institution alone or in conjunction witli a governmental body or private conceni, and that has not been publicly released, published, or patented. (6)"Donor profile record" means all records about donors or potential donors to a public institution of higher education except the names and reported addresses of the actual donors and the date, amount, and conditions of the actual donation. (7) "Peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youtli services employee, firefighter, EM1', or investigator of the bureau of criminal identification and investigation residential and familial information" means any information that discloses any of the following about a peace officer, parole officer, prosecuturg Appendix J attorney, assistant proseeutnig attorney, coiTectionat employee, youth services employee, firefighter, EMT, or investigator of the bureau of criminal identification and investigation: (a) The address of the actual personal residence of a peace officer, parole officer, assistant prosecuting attomey, correctional employee, youth serviccs eniployee, firefighter, EMT, or an investigator of the bureau of criminal identification and investigation, except for the state or political subdivision in which the peace officer, parole officer, assistaut prosecuting attorney, correctional employee, youth services employee, firefighter, FMT, or investigator of the bureau of criminal idcntifrcation and investigation resides; (b) Information compiled from referral to or participation in an employee assistance prograni; (c) The social security number, the residential telephone nmiiber, any baiik account, debit card, charge card, or credit card number, or the emergency telephone number of, or any medical information pertaining to, a peace officer, parole officer, prosecuting attorney, assistant prosecuting attomey, correctional employee, youth services employee, firefiighter, EMT, or investigator of the bureau of criminal identification and investigation; (d) The name of any beneficiary of employment benefits, including, but not limited to, life insurance benefits, provided to a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employce , youth services employee, firefighter, FM"1', or investigator of the bureau of criminal identification and investigation by the peace officer's, parole officer's, prosecuting attorney's, assistantprosecuting attorney's, correetional employce's, youth services employee's, firefighter's, EMT's, or investigator of the bureau of criminal identification and investigation's einployer; (e) The identity and amount of any charitable or employinent benefit deduction made by the peace ofticer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, lirefighter's, EMT's, or investigator of the bureau of criminal identification and investigation's employer from the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, EMT's, or investigator of the bureau of criminal identification and investigation's compensation unless the amount of the deduction is required by state or federallaw; (f) The name, the residential address, the name of the employer, the address of the employer, the social security number, the residential telephone number, any bank account, debit card, charge card, or credit card number, or the emergency telephone number of the spouse, a former spouse, or any child of a peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employce, firefiglitei-, EMT, or investigator of the bureau oPcritninal identification and investigation; (g) A photograph of a peace officer who holds a position or has an assignment that may inclade undercover or plain clothes positions or assignments as determined by the peace officer's appointing authority. Appendix J As used in divisions (A)(7) and (B)(9) of this section, "peace officer" has the same meaning as in section 109.71 of the Revised Code and also includes the superintendent and troopers of the state highway patrol; it does not include the sheriff of a county or a supervisory employee who, in the absence of the sheriff, is authorized to stand in for, exercise the authority of, and perform the duties of the sheriff. As used in divisions (A)(7) and (B)(5) of this section, "correctional employee" means any employee of the department of rehabilitation and correction who in the course of performing the employee's job duties has or has had contact with inmates and persons under supervision. As used in divisions (A)(7) and (B)(5) of this section, "youth services employee" means any employee of the department of youth seivices who in the course of performing the employee's job duties has or has had contact with children committed to the custody of the departnlent of youth services. As used in divisions (A)(7) and (B)(9) of this section, "firefighter" means any regrdar, paid or voluntcer, member of a lawfiilly constituted fire departinent of a mumicipal corporation, township, fire district, or village. As used in divisions (A)(7) and (B)(9) of this section, "EM"f" means EMTs-basic, EM1's-I, and paramedics that provide emergency medical services for a public emergency medical service orgaiiization. "Emergency medical service organization," "EMT-basic," "EMT-I," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code. As used in divisions (A)(7) and (B)(9) of this section, "investigator of the bureau of criminal identification and investigation" has the meaning defined in section 2903.11 of the Revised Code. (8) "Information pertaining to the recrcational activities of a person under the age of eighteen" ineans information that is kept in the ordinary course of business by a public office, that pertains to the recreational activities of a person under the age of eighteen years, and that discloses any of the following: (a) The address or telephone number of a person under the age of eighteen or the address or telephone number of that person's parent, guardian, custodian, or emergency contact person; (b) The social security number, birth date, or photographic image of a person under the age of eighteen; (c) Any medical record, history, or information pertaining to a person under the age of eighteen; (d) Any additional information sought or required about a person under the age of eighteen for the purpose of allowing that person to pa-ticipate in any recreational activity conducted or sponsored by a public office or to use or obtain admission privileges to any recreational facility owned or operated by a public office. Appendix J (9) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (10)"Post-reiease control sanction" has the same meaning as in section 2967.01 of the Revised Code. (11) "Redaction" means obscuring or deleting any information that is exempt from the duty to perinit public inspection or copying from an item that otherwise meets the definition of a "record" in section 149.011 of the Revised Code. (12) "Designee" and "elected ofGcial" have the same meanings as in section 109.43 of the Revised Code. (B)(1) Upon request and subject to division (B)(8) of this section, all public records responsive to the request shall be proniptly prepared and made available for inspection to any person at all reasonable times during regular business hours. Subject to division (B)(8) of this section, upon request, a public office or person responsible for public records shall make copies of the requested public record available at cost and witliin a reasonable period of time. If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public o£fice or the person responsible for the public record shall make available all of the information within the public record that is not exernpt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or mal (2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an anibiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request but shall provide the requester witli an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties. (3) If a request is ultimately denied, in part or in whole, the public office or the person responsible for the requested public record shall provide the requester with an explanation, including legal authority, setting forth why the request was denied. If the initial request was provided in writing, the explanation also shall be provided to the requester in writing. The explanation shall not preclude the public office or the person responsible for the requested public Appendix J record from relying upon additional reasons or legal authority in defending an action commenced cander division (C) of this section. (4) Unless specifically reqitired or authorized by state or federal law or in accordance with division (B) of this section, no public office or person responsible for public records may limit or condition the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested public record. Any requirement that the requester disclose the requestor's identity or the intended use of the requested public record constitutes a denial of the requcst. (5) A public office or person responsible for public records may ask a requester to lnake the request in writing, may ask for the requester's identity, and rnay inquire about the intended use of the information requested, but may do so only after disclosing to the requester that a written request is not mandatory atrd that the requester may decline to reveal the requester's identity or the intended use and when a written request or disclosure of the identity or intended use would benefit the requester by enhancing the ability of the public office or person responsible for public records to identify, locate, or deliver the public records sought by the requester. (6) lf any person chooses to obtain a copy of a public record in accordance with division (B) of this section, the public office or person responsible for the public record may require that person to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the person seeking the copy under this division. The public office or the person responsible for the public record shall permit that person to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or peison responsible for the public record keeps it, or upon any otlier medium upon which the public off ee or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the person seeking the copy makes a choice under this division, the public office or person responsible for the public record shail provide a copy of it in accordance with the choice made by the person seeking the copy. Nothing in this seetion requires a public office or person responsible for the public record to allow the person seekuig a copy of the public record to make the copies of the public record. (7) Upon a request made in accordance witly division (B) of this seetion and subject to division (B)(6) of this section, a public office or person responsible for public records slrall transmit a copy of a public record to any person by United States mail or by any other nieans of delivery or transmission within a reasonable period of time after receiving the request for the copy. "1'he public office or person responsible for the public record may require the person making the request to pay in advance the cost of postage if the copy is transmitted by lJnited States inait or the cost of delivery if the copy is transmitted other than by United States niail, and to pay in advance the costs ineuri-ed for other supplies used in the mailing, delivery, or transmission. Any public office may adopt a policy and procedures that it will follow in transmitting, within a reasonable period of time after receiving a request, copies of public records by United States mail or by any other means of delivery or transmission pursuant to this division. A public office Appendix J that adopts a policy and procedures under this division shall comply with them in performing its duties under this division. In any policy and procedures adopted under this division, a public oflice may limit the number of records requested by a person that the office will transmit by IJnited States mail to ten per month, unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the irilormation contained in thein, for cormnercial purposes. For purposes of this division, °commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of govemment, or nonprofit educational research. (8) A public office or person responsible for public records is not required to permit a person who is incarcerated pursuant to a criminal conviction or a juvenile adjudication to inspect or to obtain a copy of any public record concerning a criminal investigation or prosecution or concerning what would be a criminal investigation or prosecution if the subject of the investigation or prosecution were an adult, unless the request to inspect or to obtain a copy of the record is for the purpose of acquiring information that is subject to release as a public record under this seotion and the judge who imposed the sentence or made the adjudication with respect to the person, or the judge's successor in office, finds that the information sought in the public record is necessary to support what appears to be a justiciable claim of the person. (9) Upon written request made and signed by a journalist on or after December 16, 1999, a public office, or person responsible for public records, having custody of the records of the agency employing a specified peace officer, parole officer, prosecuting attorney, assistant prosecuting attorney, correctional employee, youth services employee, firefighter, EMT, or investigator of tiie bureau of criminal identification and investigation shall disclose to the journalist the address of the actual personal residence of the peace officer, parole officer, prosecuting attomey, assistant prosecuting attorney, correctional einployce, youth services employee, firefighter, EMT, or investigator of the bureau of criminal identification and investigation and, if the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employce's, youth services eniployee's, firefighter's, EMT's, or investigator of the bureau of criminal identification and investigation's spouse, former spouse, or child is employed by a public office, the nanie and address of the employer of the peace officer's, parole officer's, prosecuting attorney's, assistant prosecuting attorney's, correctional employee's, youth services employee's, firefighter's, EMT's, or investigator ofthe bureau of criminal identification and investigation's spouse, former spouse, or child. The request shall include the journalist's name and title and the name and address of the journalist's employer and shall state that disclosure of the information sought would be in the public interest. As used in this division, "journalist" means a person engaged in, connected witli, or employed by any news medium, including a newspaper, magazine, press association, ncws agency, or wire service, a radio or television station, or a similar niedium, for the purpose of gathering, processing, lransmitting, compiling, editing, or disseminating information for the general public. (C)(1) If a person allegedly is aggrieved by the failure of a public office or the person responsible for public records to promptly prepare a public record and to make it available to the Appendix J person for inspection in accordance with division (B) of this section or by any other failure of a public office or the person responsible for public records to comply with an obligation in accordance with division (B) of this section, the person allegedly aggrieved may conimence a mandamus action to obtain a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, that awards court costs and reasonable attorney's fees to the person that instituted the mandamus action, and, if applicable, that includes an order fixing statutory damages under division (C)(l) of this section. The mandamus action may be commenced in the court of common pleas of the county in which division (B) of this section allegedly was not complied with, in the supreme court pursuant to its original jurisdiction under Section 2 of Article IV, Ohio Constitution, or in the court of appeals for the appellate district in which division (B) of this section allegedly was not complied with pursuant to its original jurisdiction under Section 3 of Article IV, Ohio Constitution. If a requestor transmits a written request by hand delivery or certified mail to inspect or receive copies of any public record in a mamier that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requestor shall be entitled to recover the amount of statutory damages set fortli in this division if a cour-t determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section. 1'he ainount of statutory damages shall be fixed at one hundred dollars for each business day dtuing which the public office or person responsible for the requested public records failed to comply with an obligation in accordance with division (B) of this section, beginning with the day on which the requester files a mandamus action to recover statutory damages, up to a maxinium of one tliousand dollars. The award of statutory damages shall not be construed as a penalty, but as compensation for injury arising from lost use of the requested information. The existence of this injury shall be conch.isively presumed. The award of statutory damages shall be nr addition to all other reinedies authorized by this section. The court may reduce an award of statutory damages or not award statutory damages if the court determines both of the following: (a) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with an obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section; (b) That a well-informed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records would serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct. Appendix J (2)(a) Lf the court issues a writ of nnandamus that orders the public office or the person responsible for the public record to comply with division (B) of this section and deternnines that the circumstances described in division (C)(1) of this section exist, the court shall determine and award to the relator all court costs. (b) If the cotiu-t renders a judgment that orders the public office or the person responsible for the public record to comply with division (B) of this section, the court may award reasonable attorney's fees subjcct to reduction as described in division (C)(2)(c) of this section. The court shall award reasonable attorney's fees, subject to reduction as described in division (C)(2)(c) of this section when either of the following applies: (i) The public office or the person responsible for the public records failed to respond affirmatively or negatively to the public records request in accordance with the time allowed under division (B) of this section. (ii)1'he public office or the person responsible for the public records promised to permit the relator to inspect or receive copies of the public records requested within a specified period of time but failed to fulfill that promise within that specified period of time. (c) Court costs and reasonable attomey's fees awarded under this section shall be construed as reinedial and not plmitive. Reasonable attorney's fees shall include reasonable fees inctured to produce proof of the reasonableness and amount of the fees and to otherwise litigate entitlement to the fees. The cotirt niay reduce an award of attorney's fees to the relator or not award attorney's fees to the relator if the court determines both of the following: (i) That, based on the ordinary application of statutory law and case law as it existed at the time of the conduct or threatened conduct of the public office or person responsible for the requested public records that allegedly constitutes a failure to comply with au obligation in accordance with division (B) of this section and that was the basis of the mandamus action, a well-hiformed public office or person responsible for the requested public records reasonably worild believe that the conduct or threatened conduct of the public of-6ce or person responsible for the requested public records did not constitute a failure to comply with an obligation in accordance with division (B) of this section; (ii) That a well-intbrmed public office or person responsible for the requested public records reasonably would believe that the conduct or threatened conduct of the public office or person responsible for the requested public records as described in division (C)(2)(e)(i) of this section woiild serve the public policy that underlies the authority that is asserted as permitting that conduct or threatened conduct. (D) Chapter 1347, of the Revised Code does not limit the provisions of this section. (E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) o1'this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code. In addition, all public offices shall adopt a public records policy in Appendix J compliance with this section for responding to public records requests. In adopting a public records policy under this division, a public office may obtain guidance from the model public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the nurnber of public records that the public office will malce available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours. (2) The public office shall distribute the public records policy adopted by the public office under division (E)(1) of this section to the employee of the public office who is the records custodian or records manager or otherwise has custody of the records of that office.l'he public office shall require that employee to acknowledge receipt of the copy of the public records policy. The publio office shall create a poster that describes its public records policy and shall post the poster in a conspicuous placc in the publie office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office niaintains an internet web site. A public office that has establislied a manual or handbook of its general policies and procedures ior all employees of the public office shall include the public records policy of tbe public office in the manual or handbook. (T)(1) The bureau of motor vehicles may adopt rules pursuant to Chapter 119. of the Revised Code to reasonably limit the number of bulk commercial special cxtraction requests made by a person for the same records or for updated records during a calendar year. The rules may include provisions for charges to be made for bulk commercial special extraction requests for the actual cost of the bureau, plus special extraction costs, plus ten per cent. The bureau may charge for expenses for rcdacting infoimation, the release of which is prohibited by law. (2) As used in division (17)(1) of this section: (a) "Actual cost" means the cost of depleted supplies, records storage media costs, actual mailing and alternative delivery costs, or other transinitting costs, and any direct equipment operating and maintenance costs, including actual costs paid to private contractors for copying services. (b) "Bulk commercial special extraction request" means a request for copies of a record for information in a format otlier than the format already available, or information that cannot be extracted without examination of all items in a records series, class of records, or data base by a person who intends to use or forward the copies for surveys, marketing, solicitation, or resale for conunercial purposes. "Bulk commercial special extraction request" does not include a request by a person who gives assurance to the bureau that the person making the request does not intend to use or forward the requested copies for surveys, niarketing, solicitation, or resale for commercial purposes. (c)"Commercial" means profit-seeking production, buying, or selling of any good, service, or other product. Appendix J (d) "Special extraction costs" means the cost of the tirne spent by the lowest paid employee competent to perform the task, the actual amount paid to outside private contractors employed by the bureau, or the actual cost incurred to create computer programs to make the special extraction. "Special extraction costs" include any charges paid to a public agency for computer or records services. (3) For purposes of divisions (F)(1) aurd (2) of this section, "surveys, marketing, solicitation, or resale for commercial purposes" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research. Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009. Effeative Date: 02-12-2004; 04-27-2005; 07-01-2005; 10-29-2005; 03-30-2007; 2006 11139 09- 29-2007; 2008 HB214 05-14-2008; 2008 SB248 04-07-2009 Appendix K 149.011 Documents, reports, and records definitions. As used in this chapter, except as otherwise provided: (A) "Public office" includes any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any ftinction of government. (B) "State agency" includes every department, bureau, board, commission, office, or other organized body established by the constitution and laws of this state for the exercise of any function of state government, including any state-supported institution of higher education, the general assembly, any legislative agency, any court or judicial agency, or any political subdivision or agency of a political subdivision. (C) "Public money" includes all money received or collected by or due a public officiai, whether in accordance with or under aathority of any law, ordinance, resolution, or order, under color of office, or otherwise. It also includes any money collected by any individual on behalf of a public office or as a purported representative or agent of the public office. (D) "Public official" includes all officers, employees, or duly authorized representatives or agents of a public office. (E) "Co1or of office" includes any act purported or alleged to be done under any law, ordinance, resolution, order, or otlser pretension to official right, power, or authority. (P) "Archive" includes any public record that is transferred to the state archives or other designated archival institutions because of the historical information contained on it. (G) "Records" includes any docunlent, device, or item, regardless of physical form or characteristic, including an electronic record as defined in section 1306_01 of the Revised Code, created or received by or coming under the jurisdiction of any public office of the state or its political subdivisions, which serves to document the organization, functions, policies, decisions, procedures, operations, or other activities of the office. Effective Date: 09-26-2003; 2006 H139 09-29-2007 Appendix 1ir 121.22 Public meetings - exceptions. (A) This section sllall be liberally conslrued to require public officials to take ofGeial action and to conduct all deliberations upon official business only in open meetings unless the subject matter is specifically excepted by law. (B) As used in this section: (1) "Public body" nicans any of the following: (a) Any board, commission, committee, council, or similar decision-making body of a state agency, institution, or autlrority, and any legislative authority or board, commission, committee, council, agency, autliority, or similar decision-making body of any county, township, municipal coiporation, school district, or other political subdivision or local public institution; (b) Any committee or subcommittoe of a body described in division (B)(1)(a) of this section; (c) A court of jurisdiction of a sanitary district organized wholly for the purpose of providing a water supply for donrestic, municipal, and publie use when meeting for the purpose of the appointment, removal, or reappointment of a niember of the board of directors of such a district pursuant to section 6115.10 of the Revised Code, if applicable, or for any other matter related to such a district other than litigation involving the district. As used in division (13)(1)(c) of this section, "court of jurisdiction" has the sanie meaning as "cour-t" in section 6115.01 of the Revised Code. (2) "Meethig" mean,s any prearranged discussion of the public business of the public body by a majority of its members. (3) "Regulated individual" means either of the following: (a) A student in a state or local public educational institution; (b) A person who is, voluntarily or involuntarily, an inmate, patient, or resident of a state or local institution because of criminal behavior, mental illness or retardation, disease, disability, age, or other condition requiring custodial care. (4) "Public office" has the same meaning as in section 149.011 of the Revised Code. (C) All mectings of any publi,c body are declared to be public meetings open to the public at all times. A niember of a public body shall 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. The tninutes of a regular or special meeting of any public body shall be pronrptly prepared, filed, and maintained and shall be open to public inspection. 'The nlinutes need only reflect the general Appendix L subject matter of discussions in executive sessions authorized under division (G) or (J) of this section. (D) 'This section does not apply to any of the following: (1) A grandjury; (2) An audit conference conducted by the auditor of state or independent eertified public accountants witli officials of the public office that is the subject of the audit; (3) The adult parole authority when its hearings are conducted at a correctional institution for the sole purpose of interviewing inmates to determine parole or pardon; (4) The organized crime investigations commission established under section 177.01 of the Revised Code; (5) Meetings of a child fatality review board established under section 307.621 of the Reviscd Code and meetings conducted pursuant to sections 5153.171 to 5153.173 of the Revised Code; (6) The state medical board when determiniug whetlrer to suspend a certi6cate without a prior hearing pursuant to division (G) of either section 4730.25 or 4731.22 of the Revised Code; (7) The board of nursing when determining whether to suspend a license or certificate without a prior hearing pursuant to division (B) of section 4723.281 of the Revised Code; (8) The state board of pharmacy when determining whether to suspend a license without a prior hearing pursuant to division (D) of section 4729.16 of the Revised Code; (9) The state chiropractic board when deteisnining whether to suspend a license without a hearing pursuant to section 4734.37 of the Revised Code. (10) The executive cormnittee of the emergency response commission when determining whether to issue an enforcement order or request that a civil action, civil penalty action, or criininal action be brought to enforce Chapter 3750. of the Revised Code. (E) Thc controlling board, the development financing advisory council, the industrial teclmology and enterprise advisory council, the tax credit aathority, or the minority development financiug advisory board, when meeting to consider granting assistance pursuant to Cliapter 122. or 166. of the Revised Code, in order to protect the interest of the applicant or the possible investnrent of public funds, by unanimous vote of all board, council, or authority members present, may close the meeting during consideration of the following infornlation confidentially received by the authority, council, or board from the applicant: (1) Marketing plans; (2) Specific business strategy; Appendix L (3) Production techniques and trade secrets; (4) Financial projections; (5) Personal financial statements of the applicant or members of the applicant's immediate family, including, but not limited to, tax records or other similar information not open to public inspection. 'The vote by the authority, council, or board to accept or reject the application, as well as all proceedings of the authority, council, or board not subject to this division, shall be open to the public and governed by this section. (F) Every public body, by rule, shall establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings. A public body sliall not hold a special meeting unless it gives at least twenty-four hours' advance notice to the news media that have requested notification, except in the event of an emergency requiring hnmediate official action. In the event of an emergency, the member or members calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting. The rule shall provide that any person, upon request and payment of a reasonable fee, may obtain reasonable advance notification of al1 meetings at which any specific type of public business is to be discussed. Provisions for advance notification may inelude, but are not limited to, mailing the agenda of meetings to all subscribers on a mailing list or mailing notices in self-addressed, stamped envelopes provided by the person. (G) Except as provided in division (J) of this section, the members of a public body may hold an executive session only after a majority of a quorum of the public body determines, by a roll call vote, to hold an executive session and only at a regular or special meeting for the sole purpose of the consideration of any of the following matters: (1) 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, licensce, or regulated individual, unless the public emptoyee, official, licensee, or regulated individual requests a public hearing. Except as otherwise provided by law, no public body shall hold an execLitive session for the discipline of an elected official for conduct related to the performance of the elected official's official duties or for the elected officiai's removal from office. If a public body holds an executive session pursuant to division (G)(1) of this section, the motion and vote to hold that executive session shall state which one or more of the approved purposes listed in division (G)(1) of this section 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. (2) 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 Appendix L interest. No member of a public body shall use division (G)(2) of this section as a subterfuge for providing cover-t 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 in1'ormation from a member of a public body that has not been disclosed to the gencral public in sufficient time for other prospective buyers and sellers to prepare and submit offers. If the minutes of the publie body show that all meetings and deliberations of the public body have been conducted in compliance with this section, any insti2iment executed by the public body 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 scction insofar as title or other interest of any bona fide purchasers, lessees, or hansferees of the property is concerned. (3) Conferences witli an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action; (4) Preparing for, conducting, or reviewing negotiations or barganling sessions with public employees concerning their compensation or other terms and conditions of their employment; (5) Matters required to be kept confidential by federal law or regulations or state statutes; (6) Details relative to the security arrangements and emergency response protocols for a public body or a public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public oftice; (7) In the case of a county hospital operated pursuant to Chapter 339. of the Revised Code, a joint township lzospital operated pursuant to Chapter 513. of the Revised Code, or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, to consider trade secrets, as defined in section 1333.61 of the Revised Code. lf a public body holds an executive session to consider any of the matters listed in divisions (G)(2) to (7) of this section, 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 eonsidered at the executive session. A public body specified in division (13)(1)(c) of this section shall not hold an executive session wlien meeting for the pm•poses specified in that division. (IT) A resolution, rule, or formal action of any kind is invalid unless adopted in an open meeting of the public body. A resolution, nile, 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 in division (G) or (J) of this section and conducted at an executive session held in compliance with this section. A resolution, rule, or formal action adopted in an open meeting is invalid if the public body that adopted the resohition, rule, or formal action violated division (F) of this section. Appendix L (I)(1) Any person may bring an action to enforce this section. An action under division (1)(1) of this section shall be brought within two years after the date of the alleged violation or threatened violation. Upon proof of a violation or threatened violation of this section in an action brought by any person, the court of common pleas shall issue an injunction to compel the members of the public body to comply with its provisions. (2)(a) If the court of common pleas issues an injunetion pursuant to division (I)(I ) of this section, the court shall order the public body that it enjoins to pay a civil forfeiture of five hundred dollars to the party that sought the injunction and shall award to that party all court costs and, subject to reduction as described in division (1)(2) of this section, reasonable attorney's fees. The court, in its discretion, may reduce an award of attorney's fees to the party that sought tbe injunction or not award attorney's fees to that party if the cotu-t determnies both of the following: (i) That, based on the ordinary application of statutory law and case law as it existed at the time of violation or threatened violation that was the basis of thc injtimction, a well-informed public body reasonably would believe that the public body was not violating or threatening to violate this section; (ii) That a well-informed public body reasonably would believe that the conduct or threatened conduct that was the basis of the injunetion would serve the public policy that underlies the autliority that is asserted as permitting that conduct or threatened conduct. (b) If the court of cotmnon pleas does not issue an injunction ptu'suant to division (1)(1) of this section and the court determines at that time that the bringing of the action was frivolous conduct, as deiined in division (A) of section 2323.51 of the Revised Code, the court shall award to the public body all court costs and reasonable attorney's fees, as determined by the court. (3) Irreparable harm and prejudice to the party that sought the injunction shall be conclusively and irrebuttably presumed upon proof of a violation or threatened violation of this section. (4) A niember of a public body wlio knowingly violates an injunction issued pursuant to division (1)(1) of this section may be removed from office by an action brought in the court of common pleas for that purpose by the prosecuting attorney or the attorney general. (J)(1) Pursuant to division (C) of section 5901.09 of the Revised Code, a veterans service commission shall hold an executive session for one or more of the following purposes unless an applicant requests a public hearing: (a) Interviewing an applicant for finattcial assistance under sections 5901.01 to 5901.15 of the Revised Code; (b) Discussing applications, statements, and other documents described in division (B) of section 5901.09 of the Revised Code; (e) Reviewing matters relating to an applicant's request for financial assistance rmder sections 5901.01 to 5901.15 of the Revised Code. Appendix L (2) A veterans service commission shall not exclude an applicant for, recipient of, or former recipicnt of financial assistance under sections 5901.01 to 5901.15 of the Revised Code, and shall not exclude representatives selected by the applicant, recipient, or former recipient, from a mecting that the commission conducts as an executive session that pertains to the applicant's, recipient's, or former recipient's application for financial assistance. (3) A veterans service commission shall vote on the grant or denial of financia7 assistance under sections 5901.01 to 5901.15 of the Revised Code only in an open meeting of the commission. '1'he minutes of the meeting shall indicate the name, address, and occupation of the applicant, wtrether the assistance was granted or denied, the amount of the assistance if assistance is granted, and the votes for and against the granting of assistance. Effective Date: 05-15-2002; 04-27-2005; 2007 HB194 02-12-2008 Appendix M - Page 1 Not Reported in N.E.2d, 2007 WL 4146645 (Ohio App. 9 Dist.), 2007 -Ohio- 6207 (Cite as: 2007 WL 4146645 (Ohio App. 9 Dist.)) CHECK OHIO SUPREME COLJRL' RULES FOR REPORTING OF OPINIONS ANI) WEIGHT OF LEGAL AUTHORITY. Court of Appeals of Ohio, Ninth District, Lorain County. Edward M. BERNER, Jr., Appellant V. Calvin WOODS, et al., Appellees. No. 07CA009132. Decided Nov. 26, 2007. Appeal from Judgment Entered in the Court of Coininon Pleas, County of Lorain, Ohio, Case No. 06CV 145484. SteRhen D. Hartmn and Zachary M,_ (lark, Attorneys at Law, for appellant. Abraham Cantor, Attorney at Law, for appellee. Dennis P. Will, Prosecuting Attorney, and Gerald A. Innes, Assistant Prosecuting Attorncy, for appellaes. DGCISIDA'AND,IOURNAL EN'I'RY *1 This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: W1IITMORE, Presiding Judge. {¶ 1} Plaintiff-Appellant the Estate of Edwin M. Berner, Jr. appeals fi'om judgment in the Lorain County Court of Common Pleas. This Court af'finns. I {¶ 2} Edwin M. Bemer, Jr. acted as a township trustee for Wellington 'I'ownship froni 1995 until 1999. In 1999, Berner lost the election and his opponent, Virginia Haynes, took his place as a township trustee. Berner continued to attend approximately ten to twenty township trustee meetings a year despite the fact that lie was no longer a trustee. (1131 In February 2005, Haynes attended a trustee seminar in Colmnbus and discovered that trustees could apply for community block grants to renovate certain buildings. Because the Wellington Township Board's meeting place was less than desirable, Haynes suggested the idea of applying for a block grant to the Board_ At the time, the Township Board consisted of trustees Bill Brown, VirginiaHaynes, and Calvin Woods. 1141 At its Febniary 15, 2005 meeting, the Board voted to "authorize Trustee Haynes and Clerk Nirode to review the block grant application and if so determined, to submit an application for bnilding improvements[.}" On March 1, 2005, the Board approved the building project resolution. The resolution specified that Haynes and Nirode would: (1) apply for the grant and couduct a feasibility study to meet the grant application requirements, and (2) repott to the trustees "on a regular basis and obtain approval on eaclt stage of the grant application process." The resolntion referred to Haynes and Nirode as the "Community Block Grant committee ." 1¶ 5} On March 10, 2006, Berner filed a complaint against Woods, Haynes, and Nirode in their olficial capacities. © 2010 Thomson Reuters. No Claim to Orig. IJS Gov. Works. Appendix M - Page 2 Not Repoited in N.E.2d, 2007 WL 4146645 (Ohio App. 9 Dist.), 2007 -Ohio- 6207 (Cite as: 2007 WL 4146645 (Ohio App. 9 Dist.)) Berner sought statutory damages and injunctive relief for fouiteen alleged violations of R.C. 121.22. On Septeinber 25, 2006, Berner died and Iris Estate was substituted as the plaintiff in this matter. {¶ 6} On March 9, 2007, the trial court granted a motion for sumnruy judgment in favor of Woods, Haynes, and Nirode. The Estate of Edwin M. Berner, Jr. ("Estate") timely appealed from the judgment, raising one assigmnent of error for review. II Assignrnen[ of&rror "I'HE TRIAL COUR"I' ERRED WHEN IT HELD THA'I' DEFENDANTS' PRIVATE DELIBERATIONS REGARDING PUBLIC BUSINESS DURING (sic) DID NO'f VIOLATE R.C. 127.22." {¶ 7} Estate argues that the trial court erred in ganting summary judgment in favor of Woods, Haynes, and Nirode Township Board and findittg that they did not violate R;C. 121.22. Specifically, Estate argues that the Wellington created a cotnmittee in its March 1, 2005 resolution and the committee violated the law by meeting and discussing pnblic business in private. We disagree. 1996 77_Ohio {¶ 8} This Court reviews an award of summary judgnient de novo. (y'{;a ton v. Ohio Edison Co. in the case in the light most favor- St3d 102, 105. We apply the saine standard as the trial court, viewing the facts able to the non-moving party and resolving any doubt in favor of the non-moving paity. Viock v.Stowe-odward Cq. 1983 I3_Ohio App.3d 7, 12. *2 {¶ 9} Pursuant to Civ.R. 56fC,1, sumnmaryjudgment is proper if. "(1) No genuine issue as to any material fact remains to be litigated; (2) the nioving party is entitled to judgment as a matter of law; and (3) it appears from thc evidence that reasonable minds can come to but one conclusion, and viewing such evidence niost strongly in Pavor of the party against whom the motiou for summary ,judgtnent is utade, that conclusion is adverse to that party." Temule v. Wean United Inc. (1977 50 Ohio St.2d 317, 327. The party moving for summat'y judgment bears the initial burden of informing the trial conrt of the basis for the tno- tion and pointing to parts of the record that show the absence of a genuine issue of material fact. Dt_esiser v. 13urt M , 292-93. Specifically, the nioving party must suppott the motion by pointing to soine evi- dence in the record of the type listed in Civ.R. 56M. . Id. Once this burden is satisfied, the non-moving party bears the burden of offering specific facts to show a genuine issue for trial. Id. "I'he non-moving party may not rest upon the mere allegations atrd denials in the pleadings but instead must point to or subniit some evidentiary material ttiat ). demonstrates a genuine dispute over a material fact. Henkle vHenkle L991 75 Olrio App.3d 732, 735. {¶ 101 The materials properly before the trial court in a tnotion for summary judgment include: affidavits, deposi- tions, transcripts of hcat'ings in the proccedings, written adinissions, written stipulations, and the pleadings. Civ.R. 56 C. Lf a document does not fall within one of these categories, it can be introduced as evidentiary materiaL only through incorporation by reference in a properly framed affidavit pursaant to Civ.lt. 56(17,). DaimlerChr v.rl er Serv_s. N Am. v Lennington 9th Dist No. 05CA0055. 2006-Ohio-I546 aO 15-16_ We have held, however, that if tlree is no objection to the iinproper evidence it is within the trial court's discretion to consider or to ignot'e it. Riclrardson v. Auto-Chvnes Mut. Ins. Co., 9th Dist. No. 21697, 2004-Ohio-1878 at 29. This rule applies no matter which party subtnits the unauthenticnted material. See DalnilerChrysler, supra (finding that the party ntoving for summary judgment failed to properly authenticate the materials in support of its niotion); 13ankers 7r-rst Co. v. West, 9th Dist. No. 20984, 2002-Ohio-5028a[ 15 (finding that the noumoving party failed to oppose a motion for summary judginent with properly authenticated niaterials). © 2010'I'itomson Reuters. No Claim to Orig. US Gov. Works. Appendix M - Page 3 Not Reported in N.E.2d, 2007 WI, 4146645 (Ohio App. 9 Dist), 2007 -Ohio- 6207 (Cite as: 2007 WL 4146645 (Oltio App. 9 Dist.)) {¶ 11} In the trial court below, both parties attached multiple etnail messages as exhibits in support of their motions. Estate, in particular, relied on the contents of the emails to infer that Nirode and Haynes liad met in violation of the Sunshine Law. However, neither party properly axithenticated the emails. A copy of an etnail message does not fall into any category of Civ,R. 56 C evidence.'rherefore, for the emails to be properly before the trial court they would have had to have been incorporated by -eference in a properly framed affidavit. DainilerChry.sler at ¶ 15-16. Since neither party authenticated or objected to the introduction of the emails, the court had the discretion to eithei- con- sider or ignore the einails. See Richardson at 1129. *3 (1121 '1'he trial court's journal entry only provides that: "Upon consideratiou of the depositions, affidavits, answers to interrogatories, and briefs submitted by the parties, the Court finds that * * * "Defendants Haynes and Nirode did not conduct any meeting within the meaning of [the Sunshine Law] in viola- tion of [tlie Sunshine Law.]" 'rhe journal entry does not speci6cally state that the court considered the cmails in reaching its conclusion. 'Po the contrary, the joumal entry actually implies that the court did not consider the emails. If the court had considered the emails, it seems reasonable that the court would have included the entails in the specific list of items that it consid- ered, including the dcpositions, affldavits, and interrogatories. In the absence of specific findings, "the trial court is presumed to consider only admissible evidence in reviewing a controversy to determine whether there are material facts in dispute." Barker v. S6runk, 9th Dist. No, 06CA008939, 2007-Ohio-884 at ' 15. Sinec nothing in the record suggests otherwise, we presume that the trial court followed Civ.R. 56 and did not consider the ernails as evidence. See Civ.R. 56 C;(E) (requiring proper autttentication of items not specifically set forth in the rule). Accordingly, we will not consider any of the unauthenticated emails in evaluating Estate's appeal. {¶ 13} R.C. 121.22 (the "Sunshine Law") provides in relevant part that: "(A) This section shall be liberally consnned to require public officials to take official action and to conduct all deliberations upon official business only in open meetings * * * "(F) Every public body, by rtile, shall establish a reasottable method wltereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings.° The statute defines "public body" as "any legislative authority or board, commission, comulittee, council, agency, authority, or similar decision-making body of any *** towuship; [or][a]ny committee or subcommittee of [such] a body[.]" R.C. I21 22 B( ja -^b ."Meeting" is defined as "any prearranged discussion of the public bushress of tlte public body by a majority of its members" K.C. 121.22 B 2. {¶ 14) Initially, we note that IIaynes and Nirode constituted a"committee" for purposes of the Sunshine Law, Our review of the case law has not revealed any court wliich has provided a cotnprehensive definition of "committee." Accordingly, we look to R.C. 1.42 which provides that, "[w]ords and phrases shall be read in context and construeil according to the rules of grammar and couunon usage." "Committee" is defined as "a body of persons delegated to consider, investigate, take action on, or report on some manner." Merriam-Webster's Collegiate Dictionary (I1 Ed.2004) 250. Because this definition encompasses the tasks that the Board assigned to Haynes and Nirode, they qualified as a committee. Additionally, neither party disputes ttiat the Wellington Township Board itself constitutes a "public body" under R.C. 121.22 73 I. Therefore, IIaynes and Nirode, "[a] committee * * * of [suclt] a body," also constituted a "public body" pursuant to the Sunsliine Law and were required to comply with its mandates. See R.C. 121.22 l3 I (b). (c) 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Appendix M - Page 4 Not Reported in N.E.2d, 2007 WL 4146645 (Ohio App. 9 Dist.), 2007 -Ohio- 6207 (Cite as: 2007 WI44146645 (Ohio App. 9 Dist.)) *4 {1 15} The intent of the Sunshine law is to require governtnental bodies to deliberate public issues in public. Moraine . hfontgomerv C^._Bd. o Conamrs. 1981 67 Ohio St2ci 139. 145. Howcvei, "deliberations" involve more than inforntation-gathering, investigation, or fact-finding. Iloleski v. Lanrerace 1993 85 Ohio AnnSd 824 829. Webster's Third New International Dictionary (1961) 596, defines "deliberation" as "the act of weighing and examining the reasons for and against a choice or measure" or "a discussion and consideration by a munber of per- sons of the reasons ior and against a measure" Question-and-answer sessions between board members and othcr persons who are not public officials do not constitute "deliberations" unless a majority of the board members also entertain a discussion of public business witlt one another. Holeski 85 Ohio Ap^.3d at 830. In this context, a "dis- cussion" entails an "exchange of words, connnents or ideas by the board," (Emphasis omitted) Id, citing DeVere v, Miami Univ. Bd. of Trustees (June 10, 1986), 12th Dist. No. CA86-05-065. A conclusive decision among board 1989 44 members on any measure, however, is not necessary to prove a violation. Sec State ex. rel Del)h v. Bnrr Ohio St.3d 79,,81. {¶ 16} In its complaint, Estate claimed that Hayues and Nirode committed fourteen separate violations of the Sun- shine Law by meeting witlt various people and entities to discuss the buildittg project resolution. Frotn our review of the record, we conclude that the trial court did not err in granting Woods, Haynes, and Nirode's motion for summary judgment. {11 17} To viotate the Sunshine Law, a public body tnust simuttaneously (1) conduct a°nteetin} and (2) "deliber- ate" over "public business." See RC. 12122 B)(Z); IlolesskT,85 Oltio App.3d at 829-830. For there to be a"mect- ing" as defined by the Sunshine Law, a majority of a public body's members mnst conte together. R.C._121.22 B(2). Because Haynes and Nirode were the only members of the Community Block Grant committee, the Sunshine Law did not apply to any instances where only otte of the two tnet with other people. Futtherniore, ttte Sunshine Law did not apply to any meetings where Ilaynes and Nirodc engaged solely in information gathering and fact-finding. Based on our review of the record and estate's concession at oral arguntent, we have identified only one instance that could potential ty fall under [he purview of the Sunshine Law. {¶ 78} ln their respective affidavits, Haynes, Nirode, and Daniel Barney, the arcliitect the Township hired, admitted that they all met shortly before the Januaty 2006 public meethtg. Estate argues that Haynes and Nirode engaged in decision-making at this private meetitig. However, each of the affidavits provided that the only topic discussed at the meeting was wliat procedure would be used to introduce Barney's proposal to the Board at the public meeting. Ftr- therntore, Barney's affidavit provided, "{i]t was always my understanding that approval or acceptance of changes needed to be ntade by the Board of Tnistees and not by Nirode and/or Haynes." The record reflects that when Haynes and Nirode met their encounters amounted to nothing more than information-gathering, investigation, or fact-fmding. See Holeskl, supra. Estate did not produce any evidence that might raise a genuine issue of fact as to the sttbstance of their encounters. See Henkle^ 75 Ohio App3d at 735 (discussing a non-ntovant's reciprocal burden when opposing a motion for summary judgment). *5 {¶ 19} Much of Estate's argutnent amounts to nothing more than speculation. It argues that Conimunity Block Grant Comtnittee must have met in private to tnake decisions because the building project advanced so quictcly. Es- tate asks this Court to stack inference upon inference in order to conclude that Woods, Haynes, and Nirode con- ducted tneetings at which they deliberated in violation of the Sunshine Law. We dectine to do so. See State v. 14,7rte L19991, 85 Ohio St.3d 433 451 (declining to speculate where record does not contain evidence as to defendant's assertion). Because Estate failed to show a genuine issue existed for trial, the trial court did not err in granting sum- tnary judgment. Estate's sole assigmnent of error lacks merit. 1(I {1j 20} Estate's assignmont of et-ror is oven'uled. 1'he judgment of the Lorain County Cotn-t of Common Pleas is af- © 2010'Pltomson Reuters. No Claitn to Orig. US Gov- Works. Appendix M - Page 5 Not Reported in N.E.2d, 2007 WL 4146645 (Ohio App. 9 Dist.), 2007 -Ohio- 6207 (Cite as: 2007 WL 4146645 (Ohio App. 9 Dist.)) firnicd. Judgment affirmed. The Court finds that there were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the man- date, pursuant to Ann.R. 27. hnmediatelyupon the filing liereof, this document shall constitute the journal entry ofjudginent, and it shall be file stamped by the Clerk of the Court of Appeals at which tiine the period for review shall begin to run. Aun.R. 22 B. The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30. Costs taxed to Appellant. CARR and DICKIN,SON, JJ. concur. Ohio App. 9 Dist.,2007_ Bernerv. Woods Not Reported in N.F,.2d, 2007 WL 4146645 (Ohio App. 9 Dist.), 2007 -Ohio- 6207 F.ND OP DOCUMBNT CS':2010 Thomson Reuters. No Claim to Orig. US Gov. Works. Appendix N December 30, 1994 OPINION NO. 94-096 The Honorable Kevin J. Baxter Erie County Prosecuting Attorney 2900 Columbus Ave. Sandusky, Ohio 44870 Dear Prosecutorl3axter: You have requested an opinion regarding the application of R.C. 121.22, the open niectings law, to certain advisoiy committees that have been formed in connection with various state and federal grants administered by the general health district in your county. As presented in your request and further developed through discussion between meinbers of our staffs, the pertinent facts about these grant advisory committees are as follows. You indicate that you have not been able to idetitify any state or federal statutes governing the various grant programs involved that pertain specifically to advisory committees. In at least one instanee, however, the formation of an advisory committee is expressly required by the terms of the grant agreement. Because the reconmiendations of this advisory committee proved valuable in the administration of the grant involved, similar advisoiy comtnittees for other grant progratns have been formed by action of the general health district board of health or by the administrator of the general healtli district. See generally R.C. Chapter 3709 (governing the structure and powers of various types of health districts). Regardless of their origin, these committees share cei-tain general characteristics. As advisory bodies, the committees have no actual power or decision-making authority. Their purpose is to review and tnake recommendations regarding various aspects of their respective grant programs. Members of the advisory committees are appointed by the health district administrator and not by the general health district board of health. The committee members are primarily private citizens and meinbers of various public bodies who are interested in or have some expeltise in the subject matter of the grant. Although members or employees of the general health district board of health may serve on an advisory committee, they do not constitute either a majority or quorum of any conimittee. Your request suggests that these characteristics may operate to remove the grant advisory coinnittees from the open meetings requirements oPR.C. 121.22. The Open Meetings Requirements of R.C. 121.22 Appendix N `I'he Honorable Kevin J. Baxter -2- R.C. 121.21(C) mandates that all meetings of any publie body be "public meetings open to the public at all times," except as expressly provided in that provision or another provision of law. A public body also is required to comply with certain notice requirements with respect to its regular and special meetings. R.C. 121.22(F). Any formal action taken by a public body in violation of the requirements of R.C. 121.22 is invalid, including in particular, any "formal action adopted in an open meeting that resrdts from deliberations in a meeting not open to the public." R.C. 121.22(H). Additionally, R.C. 121.22(A) states that "[tlhis section shall be liberally construed to require public officials to take ofticial action and to conduct all deliberations upon official business only in open meetings, unless the subject matter is specifically excepted by law." RC. 121.22 thus requires "that not only formal actions of public bodies, but also the deliberations preceding those actions, takc place in sessions open to the public." Mathen,y v. Frontier Local 13d of Educ., 62 Ohio St. 2d 362, 365, 405 N.E.2d 1041, 1044 (1980). 1'he tetm public body is defined by R.C. 121.22(13), as follows: (1) "Public body" means either of the following: (a) Any board, commission, committee, or similar decision-making body of a state agency, institution, or authority, and any legislative authority or board, comtnission, committee, agency, authority, or similar decision making body of any county, township, municipal corporation, school district, or other political subdivision or local public institution; (b) Any comtnittee or subcommittee of a body described in division (B)(1)(a) of this section. Application of R.C. 121.22 to an Advisory Committee Appointed by the Adininistrator of a General Health District Pursnant to the Terms of a Grant The definition of "public body" at R.C. 121.21(13)(1) expressly includes a "committee." Your letter and at least one grant document involved refer to the bodies in question as committces. Additionally, as described in your letter, these comtnittees conforni to the commonly understood meaning of the term "committee." See generally Random House Dictionary of the Engli.sh ^^ Language 296 (unabridged ed. 1973) ( a person or a group of pcrsons elected or appointed to perform some service or function, as to investigate, report on, or act upon a particular matter"); accord Black.s Law Dictionary 273 (6th ed. 1990). Accordingly, both by name and function, the bodies described in your request are committees within the meaning of R.C. 121.22(13)(1). Additionally, a general health district is a political subdivision, which also is one of the specific entities ttamed in R.C. 121.22(13)(1). See generally 1975 Op. Att'y Gen. No. 75-036 (concluding that general and city health districts are political subdivisions for purposes orsovereign immunity). Pursuant to R.C. 3709.01, the entire state is divided into general health districts, city health districts, or various combinations thereof. A general health district consists of the townships and villages in a county, R.C. 3709.01, and is governed by a board of health, R.C. 3709.02. T'he board of health of a general health district has authority within the territorial boundaries of the district to "make such orders and regulations as are necessary for its own government, for the public Appendix N The Honorable Kevin J. Baxter -3 health, the prevention or restriction of disease, and the prevention, abatement, or suppression of nuisanees." R.C. 3709.21. Thus, a general health district is a political subdivision in its own right, separate and distinct from other political subdivisions that exist within its boundaries. Op. No. 75- 036 at 2-143 ("[i]t is this territorial division of responsibility for governmental functions which is the ^^ 137 Ohio St. 1, 5, 27 essence of political subdivisions ), cf State ex rel. Mowrer v, Underwood, N.E.2d 773, 775 (1940) (explaining, with respect to city health districts, that the legislation enacting what is now R.C. 3709.01 was intended "to withdraw from muuieipalities the powers of local health administration previously granted to them, and to create in each city a healtli district which is to be a separate political subdivision of the state").` Since a general health district is a political subdivision; any committee of the geueral health district or any committee of the board of a general liealth district will be a public body as defined by R.C. 121.22(13)(t). The-efore, unless the factors mentioned in your letter operate to remove the grant advisory committees you have described from the scope of the definition of public body, the committees will be subject to the open meetings requirements of R.C. 121.22. Your letter suggests that the grant advisory committees may not be public bodies under R.C. 121.22 because they have no decision-making authority or, alternatively, because their origin and coinposition precludes them from being committees "of' the general health district or its board. Several court decisions and attorney general opinions have considered the decision-malcing powers of a body, in analyzing whether that body is a "public body" for purposes of R.C. 121.22. In Stegall v. Joint Towrzshtp Dist. Memorial Hosp., 20 Ohio App. 3d 100, 102-03, 484 N.E.2d 1381, 1383-84 (Auglaize County 1985), the couit stated that "[i]t is implied that the board must be a decision-making body, and noted additionally that "the legislature could have, but did not, limit the scope of the decisions involved." Accord 1978 Op. Atfy Gen. No. 78-059 at 2-146 ("[t]here is, however, tiothing in the language of R.C. 121.22 that would suggest that the scope of the statute is limited to entities authorized to render final decisions .... the decisions made by the committee, however provisional or removed from the rights of the parties involved are, nonetheless, decisions"). The court goes on to state that by virtue of its independence from the city, "the city health district becomes an agency of the state and is govemed by the laws of the state." State ex rel. Mowrer v. Underwood, 137 Ohio St. 1, 5, 27 N.E.2d 773, 775 (1940). As a result, some court decisions and Attorney General opinions subsequent to Mowrer havc described both city and general health districts as "state agencies." See 1975 Op. Att'y Gen. No. 75-036 at 2-142. As explained by Op. No. 75-036, however, the term "state agency," when read in the context of those particular authorities, was not intended to define the status of a health district as something other than a political subdivision; rather, the term was used simply to emphasize that healtli districts "derive their authority directly from the state" and are "a separate part of state government and not a braneh of municipal or county government as they had been prior to the Hughes and Griswold Acts." Id. The analysis of Op. No. 75-036 remains pertinent to more recent cases that have used the 63 Ohio St. 3d 766, term "state agency" to describe health districts. See, e.x, Flarrison v. Judge, 58 Ohio 768, 591 N.E.2d 704, 706 (1992); Johnsort's Markets, Inc, v. New Carlisle Dept. ofllealth, St. 3d 28, 33, 567 N.E.2d 1018, 1023-24 (1991). Appendix N The Honorable Kevin J.13axter -4- Neither the Stegall case nor Op. No. 78-059 involved entities whose functions were solely advisory. The sanie broad eonstruction of the tenn "decision-tnaking" has been applied in court decisions and Attorney General opinions dealing with advisory committees, however, and these authorities have generally found advisory committees to be decision-making bodies because sucli comnzittees 85 necessarily make decisions in the process of formulating their advice. See, e.g., Thomas v. White, Ohio App. 3d 410, 412, 620 N.E.2d 85, 86 (Summit County 1992) (a citizens advisory committee of a children's services board is a decision-making body for purposes of R.C. 121.22 because "each of its duties involves decisions as to what will be done") ;2 1992 Op. Att'y Gen. No. 92-077 at 2-324 n.2 (advisotry committee created by resolution of board of county conunissioners to make recommendations regarding a proposed new jail is a publie body for purposes of' R.C. 121.22); 1992 Op. Att'y Gen. No. 92-065 (county housing advisory board whose statutory duties are to review development plans and advise the county regarding such plans meets the decision-making standard); see also 1979 Op. Att'y Gen. No. 79-061 at 2-205. (concluding that the term "decision-making" is not helpful in defining the characteristics of a public body because "[a] simple recommendation, however tentative and far removed from the legal rights of others, is the result of dccision-malcing .... any collective body is, in this sense, involved in the process of decision making"). Bttt see 1979 Op. Att'y Gen. No. 79-1 10 at 2-365 ("[wlhile advisory committees of state agencies may make some decisions in a very general sense, it seems unlikely that thcy can, in a strict sense, be considered decision-making bodies"). The weiglit of authority indicates that the term "decision-making," as used in R.C. 121.22(B)(1), is to be construed broadly, and does not exclude any entity that otherwise meets the definition of' public body on the grounds that its fimc6on is solely advisory. Accordingly, the grant advisory eommittees you have described are "decision-making bodies" for purposes of R.C 121.22(13)(1). The alternative analysis suggested by your letter is that the graiit advisory committees are not public bodies for purposes of R.C. 121.22(B)(1) because of their origin or composition. Many of the boards and committees considered in the authorities cited above were eomprised of tnembers who were private citizens, or officers of public agencies other than the parent body of the committee or board. See, e.g., Thomas (citizen's advisory council of a county children's services board); Op. No. 92-077 Qail advisory committee of a board of county commissioners). Thus, the fact that members or employees of a geueral health district board of health comprise neither a majority nor a quorum of the grant advisory committees is not relevant to a determination of whether the committees are public bodies for purposes of R.C. 121.22. A number of court decisions and Attomey General opinions, however, have considered the nature of the authority creating ancl establishing the dtrties of a particular body in determining thc status of'that body under R.C. 121.22. In Beacon Journal Publishing Co. v. City ofAkron, 3 Ohio St. 2d 191, 209 N.E.2d 399 (1965), the court found that various boards, cotnmittees, and 2 The court initially stated that "a strict reading of R.C. 121.22(B)(1) leads us to the conclusion a1412, that a committee need not be a dceision-maldng body in order to be a public body." Thomas advisory 620 N.E.2d at 86. Nonetheless, the court proceeded to expressly hold that the citizens committee in question was a decision-making body. Appendix N 'fhe Honorable Kevin J. Baxter -5- commissions of the City of Alcron that were established by cliarter, ordinance, or statute were public bodies subject to either the state or city open meetings law, regardless of whether city eouncil or the mayor appointed the members of these various bodies. Where no statute or ordinance was involved, however, and a board or conunission was created solely by executive action of the mayor or chief administrator, the board or commission was not subject to any open meetings law. Id. at 196, 209 N.E.2d at 403. Subsequent opinions of the Attorney General concluded that an entity could not be a public body for purposes of R.C. 121.22, unless that body was authorized by statute and its duties statutorily deHned. Com7rare Op. No 79-110 at 2-365 (safety codes committee of the Industrial Commission was not a public body because, inter alia, its functions and duties were derived from a resolution of the Commission and not from any statute) with 1978 Op. Att'y Gen. No. 78-059 (internal security committee of the Industrial C:onimission was a public body becatise it was created by statute and had expressly defined statutory functions). More recent analyses, however, indicate that specific enabling legislation is not an essential feature of a public body for purposes of R.C. 121.22. Tn Weissfeld v. Akron Pub. Sch. I)ist., 94 Ohio App. 3d 455, 640 N.L.2d 1201 (Summit County 1994), for example, the court of appeals held that the open meetings law applies to bodies created by contract, as well as bodies created by legislative action. In Weissfeld, a parent was denied access to a meeting of the building leadership team (BLT) of his child's school. BLTs were a form of site-based managetnent authorized by the sclzool district collective bargaining agreement. Under the agreement, individual schools could choose to form a BLT, througli which the teachers and principal made management decisions at the building level. The court of appeals expressly rejected the finding of the trial court that R.C. 121.22 only applied to statutory bodies, and held that "the [school] board expressly allowed for the creation of decisionmakiug committees at the building level when it agreed to the BLT provisions in the collec6ve bargaining agreement, and these decisionmaking committees fit within the definition of Jniblic body_ under R.C. 121.22(B)." Idat 457, 640 N.E.2d at 1203. The rationale for concluding that bodies without an express statutory basis, such as the BLTs in Weissfeld, are public bodies for purposes of R.C. 121.22(B) is articulated most clearly in Op. No. 92-077. That opinion, as noted previously, concludes that a cotnmittee created by resolution of a board of county commissioners to advise the board about a proposed jail is a public body under R.C. 121.22(B). The opinion notes first that a board of county coinmissioners is itself a public body for purposes of R.C. 121.22, and then states: It follows, therefore, that R.C. 121.22 requires a committee created by the board of county commissioners for the pttrpose of advising the board about matters which the board itself could discuss only in an open meeting, also to deliberate and formulate its advice about such matters only in public. To conchide otherwise would allow a public body to circumvent the requirements of R.C. 121.22 merely by assigning to an advisory body those portions of its deliberations of the public business which it seeks to shield from public scrutiny; such a result would bc clearly contraiy to the legislative intent expressed in R.C. 121.22(A). Appendix N The Ilonorable Kevin J. Baxter -6- Op. No. 92-077 at 2-325. Cf. State ex rel. Vindicator Prinding Co. v. Fuda, No. 91= I'-4531 (Ct. App. Trumbull County Dec. 6, 1991) (slip op.) (holding that a citizens committee, formed by certain candidates for public office and other interested persons to advise city council on a sewer rate increase, was not subject to the open meetings law in the absence of any evidence that the committee was fonned by either direct or indirect action of the city council). The general health district board of health involved in your question is a public body subject to the open meetings law. The administration of various grant prograins is part oP thc public business of that board. It follows that conimittees foi-ined by action of the board of health of the general health district for the purpose of advising the board with respect to those grants are also public bodies subject to the open meetings law. See generally Beacon Journal; Op. No. 92-077. The action of the board of health in entering into a grant agreement that requires an advisory committee is sufficient board action to constitute that convnittee a public body under R.C. 121.22. See generally Weissfeld. However, the administrator of the general health district is not a public body as defined in R.C. 121.22(B)(1). If, tlierefore, a grant advisory committee is established solely pursuant to the executive authority of the administrator, aud is not required or authorized by the temis of the grant or any action of the general health district board of health, such a gant advisory eommittee is not a public body for purposes of R.C. 121.22(B)(l), and is not subject to thc requirements of the open mcetings law. See generally Beacon Journal; Fuda. Appendix N The Honorable Kevin J. Baxter -7- Conclusiou It is, therefore, my opinion atid you are hereby advised that: l.A connnittee of private citizens and various public officers or employees that is established by die board of healtli of a general health district for the purpose of advising the board on matters pertaining to the administration of a state or federal grant program is a public body subject to the requireinents of R.C. 121.22, the open tneetings Iaw. 2.When the board of health of a general health district enters into a state or federal grant agreement that requires the establishment of a eomniittee of private citizens and other public officers and employees and whose putpose is to provide advice to the board pertaining to the administration of the grant, such an advisory committee is a public body subject to the requirements of R.C. 121.22, the open meetings law. 3.When a committee of private citizens and various public officers or employee,s is establislied solely prnsuant to the executive authority of the adn»nistrator of the general health district for the purpose of providing advice pertaining to the administration of a state or federal grant, and the establishment of the comtnittee is not required or authorized by the terms of the grant or any action of the general health district board, such a committee is not a public body for purposes of R.C. 121.22(B)(1) and is not subject to the requirements of the open tileetings law. Respectlully, LLE FISHER Attorney General Appendix N December 30, 1994 The Honorable Kevin J. Baxter Erie County Prosecuting Attorney 2900 Colurnbus Ave. Sandusky, Ohio 44870 94-096 SYI,LABUS l.A conimittee of private citizens and various public officers or enlployees that is established by the board of health of a general health district for the purpose of advising the board on matters pertaining to the administration of a state or federal grant program is a public body subject to thc requirements of R.C. 121.22, the open meetings law. 2.When the board of health of a general health district enters into a state or federal grant agreeinent that requires the establishment of a committee of private eitizens and other public oftieers and cmployees and whose purpose is to provide advice to the board pertaining to the administration of the grant, such an advisory committee is a public body subject to the requirements of R.C. 121.22, the open meetings law. 3.When a committee of private citizens and various public officers or employeesis established solely pursuant to the executive authority of the administrator of the general health district for the purpose of providing advice pertaining to the administration of a state or federal grant, and the establishment of the committee is not required or authorized by the terms of the grant or any action of the general health district board, such a committee is not a public body for purposes of R.C. 121.22(B)(1) and is not subject to the requirements of the open meetings law.