Chapter 011-1 Meetings

011-1-01 Rule to provide for notification of meeting.

(A) This rule is adopted in compliance with, and under authority of, division (F) of section 121.22 of the Revised Code as amended, and effective November 28, 1975.

(B) Any person may determine the time and place of all regularly scheduled meetings, the time, place, and purpose of all specially scheduled meetings, and the time and place of public hearings of the Ohio apportionment board by one of the following methods:

(1) Consulting the website of the office of the governor at http://governor.ohio.gov/apportionment

(2) Consulting the public bulletin boards located outside of the chambers of the Ohio house of representatives and the Ohio senate on the second floor of the Ohio statehouse, Columbus, Ohio 43215.

(3) Requesting electronic notice of all meetings of the apportioning process. The secretary of the apportionment board shall maintain a list of all persons who have requested such notification. A request for such notification:

(a) Shall contain the name of the person making the request and an email address to which electronic notice should be sent, and;

(b) Shall be sent in writing either:

(i) By mail to: "Secretary to the Apportionment Board, c/o Legislative Task Force on Redistricting, 77 South High Street, Columbus, Ohio 43215," or;

(ii) By electronic mail to: redistricting@redistricting.ohio.gov, and;

(c) Must be received forty-eight hours prior to any regularly scheduled meeting, specially scheduled meeting, or public hearing.

(C) In the event of a regularly scheduled meeting, specially scheduled meeting not of an emergency nature, or public hearing, the secretary shall provide notice of such meeting or hearing by providing the notice described in paragraph (B)(1), (B)(2), or (B)(3) of this rule not later than twenty-four hours prior to the meeting or hearing. In the event of a special meeting of an emergency nature, the secretary shall provide notice of such meeting by providing the notice described in paragraph (B)(1), (B)(2), or (B)(3) of this rule. In such event, however, the notice need not be given twenty-four hours prior to the meeting, but shall be given immediately upon the scheduling of such meeting.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1, Revised Code 121.22
Prior Effective Dates: 3/4/76, 9/7/91, 8/13/01

011-1-02 "Apportionment Board" defined.

The term "Apportionment Board" is adopted for use in this chapter to designate the five persons directed by the Constitution of the State of Ohio, Article XI, Section 1, to establish the boundaries of house of representatives and senate districts following the federal decennial census 2010. Such persons, collectively, shall be referred to in this chapter as "Members" and, individually, as "Member." The term "Secretary" is adopted for use in this chapter to designate the person or persons selected by the board to serve as the secretary in rule 011-1-04 of the Administrative Code.

The rules stated herein, as supplemented by Robert's Rules of Order, shall be the rules of procedures of the apportionment board.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-03 Open meetings.

All meetings and public hearings of the 2011 apportionment board shall be held in accordance with the Sunshine Law, section 121.22 of the Revised Code and pursuant to rule 011-1-01 of the Administrative Code, as amended.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1, Revised Code 121.22
Prior Effective Dates: 9/7/91, 8/13/01

011-1-04 Officers; participation of members; minutes.

The apportionment board shall, by majority vote, elect a chair and a vice-chair. The board shall also elect, by majority vote, a secretary of the board, who does not have to be a member. The vice-chair shall assume the duties of the chair when the chair is unable to attend the meeting. Each member shall be entitled to participate in all voting and debates, regardless of position held on the apportionment board.

Minutes of each meeting of the apportionment board shall be maintained by a court reporter chosen by the board by majority vote. Such minutes shall be circulated among the members and adopted by majority vote at a subsequent meeting of the board. Upon any member's request, a transcript shall be provided upon completion and verification.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-05 Calling of meetings.

After the initial meeting of the apportionment board, at which the board is convened, a meeting of the apportionment board may be called upon twenty-four hours notice. Such call and notice to each member of the apportionment board shall be issued by the chair, or may be dispensed with if a motion to recess the meeting designates a time certain for continuation of the meeting. However, a meeting may be called by the chair, upon proper notice, prior to a previously designated meeting, should the chair deem it necessary.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-06 Quorum.

A majority of the five members of the apportionment board constitutes a quorum. A majority of the board is required for any official actions of the board, including but not limited to the adoption of a plan of apportionment. All questions not committed by this chapter to the chair's discretion, and all motions before the apportionment board shall be determined by majority vote. Members of the apportionment board or their designees may, from time to time, conduct public hearings referred to in rule 011-1-08 of the Administrative Code, absent a quorum of members.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-07 Records retention and public records policies.

(A) Pursuant to section 149.34 of the Revised Code, the Ohio apportionment board shall adopt the Ohio department of administrative services general records retention schedules for general administration records, personnel records, fiscal records, and information technology records.

(B) Pursuant to division (E) of section of 149.43 of the Revised Code, the Ohio apportionment board shall adopt a public records policy.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1, Sec. 149.34

011-1-08 Public hearings.

The apportionment board shall direct the secretary of the board to organize a series of public hearings in at least five locations around the state of Ohio for the board members or their designees to receive public comment and input on the apportionment process.

The secretary of the board shall notify the members of the apportionment board or their designees of the time, date, and location of each public hearing as soon as possible and in no event less than twenty-four hours prior to each public hearing.

The secretary of the board shall provide notice of the public hearings in the manner prescribed in paragraph (B)(1), (B)(2), or (B)(3) of rule 011-1-01 of the Administrative Code not less than twenty-four hours prior to the public hearings.

The secretary of the board shall preside over these public hearings. Members of the apportionment board need not be present at these public hearings. Each member of the apportionment board may designate an individual(s) to represent the member at any or all of these public hearings. Any individual so designated to represent a member of the board shall have no voting rights. No official business or action of the apportionment board, other than the receiving of public comment and input, shall take place at the public hearings referred to in this rule.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-09 Apportionment plans.

Any person or organization may submit for the consideration of the apportionment board a detailed plan for the apportionment of the members of the Ohio general assembly.

Apportionment plans submitted to the board for consideration should be complete for the entire state, with legal definitions and visual representations of the proposed boundaries. Partial apportionment plans which propose minority districts need not be complete for the entire state, but should include legal definitions and visual representations of the proposed boundaries of all districts in the county or counties which would contain the proposed minority districts .

The apportionment board shall only consider those plans submitted to the secretary of the board prior to twelve p.m. on September 23, 2011.

Plans submitted to the board for consideration shall be submitted to the secretary of the board at the office of the Ohio house clerk on the second floor of the Ohio statehouse, Columbus Ohio 43215 Ten paper copies and one electronically-stored copy of legal definitions and visual representations for each plan shall be submitted. The Secretary of the Board shall deliver promptly, but in no event later than five p.m. September 23, 2011, to the members of the apportionment board one copy of each plan submitted and shall retain the remaining copies for review by the public at a place, places, or website designated by the board.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-10 Consideration of apportionment plans; adoption of plan.

The apportionment board shall reconvene during the week of September 25, 2011, to consider the various plans submitted to the board and shall meet on or before October 1, 2011, to adopt an appropriate plan for the apportionment of the members of the Ohio general assembly.

During the meeting or meetings of the board the week of September 25, 2011, a sponsor of a plan may personally or through a representative present the substance of their plan to the members of the apportionment board for a period not to exceed ten minutes, unless extended by a majority of the board. The public may offer testimony or comment not to exceed five minutes on any apportionment plan before the board, unless extended by a majority of the board. The chair of the apportionment board may limit testimony or comment on plans before the board as the chair deems necessary.

Any person wishing to testify on a given plan must provide written notice to the chair or the secretary of the board prior to the meeting scheduled to consider the various plans submitted.

Members of the apportionment board may ask questions of those persons testifying on the various apportionment plans before the board during the meeting scheduled to consider these plans. Members of the board may request testimony from experts during this meeting.

Only members of the apportionment board may offer amendments to the apportionment plan.

The chair of the apportionment board may offer amendments on behalf of those persons sponsoring apportionment plans who are not members of the apportionment board.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01

011-1-11 Publication of apportionment plan.

When the apportionment plan is determined and adopted by a majority vote of the apportionment board, the governor shall arrange for publication of such apportionment plan no later than October 5, 2011 . Pursuant to section 107.09 of the Revised Code and section 7.16 of the Revised Code as enacted by House Bill 153 of the 129th General Assembly and effective September 29, 2011, the first publication of such apportionment plan shall be made in its entirety in three newspapers, one in Cleveland, one in Cincinnati, and one in Columbus, and may be made in a preprinted insert. The second publication shall be made in abbreviated form in those newspapers pursuant to section 7.16 of the Revised Code. No further newspaper publications are required if the second, abbreviated notice meets the requirements of section 7.16 of the Revised Code.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1, Revised Code 107.09 , Revised Code 7.16 (effective 9/29/11)
Prior Effective Dates: 9/7/91, 8/13/01

011-1-12 Reconvening the apportionment board.

Should further action be necessary pursuant to Article XI, Section 13 of the Constitution of the state of Ohio, this apportionment board shall reconvene at the request of the governor subject to this chapter.

Effective: 08/15/2011
Promulgated Under: 111.15
Statutory Authority: Ohio Constitution, Art. XI, Sec. 1
Rule Amplifies: Ohio Constitution, Art. XI, Sec. 1
Prior Effective Dates: 9/7/91, 8/13/01