Chapter 311-5 Notice of Meetings

311-5-01 Definitions.

As used in rules 311-5-01 to 311-5-07 of the Administrative Code:

(A) "Commission" means the county sheriffs' standard car-marking and uniform commission created by section 311.25 of the Revised Code.

(B) "Day" means calendar day.

(C) "Meeting" means any prearranged discussion of the public business of the commission by a majority of its members.

(D) "Oral notification" means notification given orally either in person or by telephone, directly to the person for whom such notification is intended, or by leaving an oral message for such person at the address, or if by telephone at the telephone number, of such person as shown on the records kept by the secretary under these rules.

(E) "Post" means to post in an area accessible to the public during the usual business hours in the press room of the statehouse in Columbus, Ohio and at any other locations which the president considers to be appropriate for providing public notice.Of these rules.

(F) "President" means the commission member elected in accordance with section 311.26 of the Revised Code.

(G) "Published" means published once in a newspaper having a general circulation in Franklin county, as defined in section 7.12 of the Revised Code. If at the time of any such publication there is no such newspaper of general circulation, then such publication shall be in a newspaper then determined by the secretary to have the largest circulation in Franklin county.

(H) "Regular meeting" means a meeting which occurs as a regular meeting in accordance with the by-laws of the commission.

(I) "Secretary" means an individual, who need not be a member of the commission, appointed by the president to perform the duties assigned to the secretary under these rules and such other appropriate duties as the president may assign to the secretary.

(J) "Special meeting" means a meeting which is neither a regular meeting nor an adjournment of a regular meeting to another time or day.

(K) "Written notification" means notification in writing mailed, telegraphed, faxed, e-mailed, or otherwise delivered to the address of the person for whom such notification is intended as shown on the records kept by the secretary under agency-level 311 rules of the Administrative Code, or in any way delivered to such person. If mailed, such notification shall be mailed by first-class mail, deposited in a U.S. postal service mailbox no later than the second day preceding the day of the meeting to which such notification refers, provided that at least one regular mail delivery day falls between the day of mailing and the day of such meeting.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004

311-5-02 Notice of regular meetings.

(A) The secretary shall post a statement of the time(s) and place(s) of regular meetings of this commission not later than the second day preceding the day of the first regular meeting following the adoption of these rules. The secretary shall check at reasonable intervals to ensure that such statement remains so posted thereafter. If at any time the time or place of regular meetings, or of any regular meeting, is changed on a permanent or temporary basis, a statement of the time and place of such changed regular meetings shall be so posted by the secretary at least twenty-four hours before the time of the first changed regular meeting.

(B) Upon the adjournment of any regular or special meeting to another day, the secretary shall promptly post notice of the time and place of such adjourned meeting.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004

311-5-03 Notice of special meetings.

(A) Except in the case of a special meeting referred to in paragraph (D) of rule 311-5-04 of the Administrative Code, the secretary shall, no later than twelve hours before the time of a special meeting, post a statement of the time, place and purposes of such special meeting.

(B) The statement under this rule and the notification under paragraphs (A), (B), and (C) of rule 311-05-04 of the Administrative Code shall state such specific or general purpose or purposes then known to the secretary to be intended to be considered at such special meeting and may state, as an additional general purpose, that any other business as may properly come before such meeting may be considered and acted upon.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004

311-5-04 Notice to news media of special meeting.

(A) Any news media that desire to be given advance notification of special meetings of this commission shall file with the secretary a written request therefore. Except in the event of an emergency requiring immediate official action as referred to in paragraph (D) of this rule, a special meeting shall not be held unless at least twenty-four hours advance notice of the time, place and purposes of such special meeting is given to the news media that have requested such advance notification in accordance with paragraph (B) of this rule.

(B) News media requests for such advance notification of special meetings shall specify the name of the medium and the name and address, including, if appropropriate, the fax telephone number or the e-mail address, or both, of the person to whom written notifications to the medium may be mailed or delivered, and the names, addresses and telephone numbers, including addresses and telephone numbers at which notifications may be given either during or outside of business hour(s) of at least two persons to either one of whom oral notifications to the medium may be given and at least one telephone number which the request identifies as being manned, and which can be called at any hour for the purpose of giving such notification to such medium. Any such request shall be effective for one year from the date of filing with the secretary or until the secretary receives written notice from such medium canceling or modifying such request, whichever is earlier. Each requesting news medium shall be informed of such period of effectiveness at the time it files its request. Such requests may be modified or extended only by filing a complete new request with the secretary. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by this commission and the secretary.

(C) Except as provided in paragraph (D) of this rule, the secretary shall give such oral notification or written notification, or both, as the secretary determines, to the news media that have requested such advance notification in accordance with paragraph (B) of this rule, of the time, place and purposes of each special meeting as will provide for receipt of such notification at least twenty-four hours prior to the time of such special meeting.

(D) In the event of an emergency requiring immediate official action, a special meeting may be held without giving twenty-four hours advance notification thereof to the requesting news media. The persons calling such meeting, or any one or more of such persons or the secretary on their behalf, shall immediately give oral notification or written notification, or both, as the person or persons giving such notification determine, of the time, place and purposes of such special meeting to such news media that have requested such advance notification in accordance with paragraph (B) of this rule. The minutes or the call, or both, of any such special meeting shall state the general nature of the emergency requiring immediate official action.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004

311-5-05 Notification of discussion of specific types of public business.

(A) Any person, upon written request and as provided herein, may obtain reasonable advance notification of all meetings at which any specific type of public business is scheduled to be discussed.

(1) Such person may file a written request with the secretary specifying the person's name, and the addresses and telephone numbers at or through which the person can be reached during and outside of business hours, the specific type of public business the discussion of which the person is requesting advance notification, and the number of calendar months (not to exceed twelve) which the request covers. Such request may be canceled by request from such person to the secretary.

(2) Each such written request must be accompanied by cash, or a check or money order payable to the commission, in the amount of two dollars for each month covered by the request, which amount has been determined by the commission to represent a reasonable fee to cover costs of providing such advance notifications.

(3) Such requests may be modified or extended only by filing a complete new request with the secretary. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by the commission and the secretary.

(B) The secretary shall give such advance notification by written notification, or by oral notification, or both, as the secretary determines. The contents of written notification under this paragraph may be a copy of the agenda of the meeting. Written notification under this paragraph may be accomplished by giving advance written notification, by copies of the agendas, of all meetings.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004

311-5-06 General.

(A) In addition to the provisions set forth in this chapter, any person may visit or telephone the office of the secretary during that office's regular office hours to determine, based on information available at that office, the time and place of regular meetings; the time, place and purposes of any then known special meetings; and whether the available agenda of any such future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting.

(B) Any notification provided herein to be given by the secretary may be given by any person acting in behalf of or under the authority of the secretary.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004

311-5-07 Records and certifications.

A certificate by the secretary as to compliance with agency-level 311 rules of the Administrative Code shall be conclusive upon this commission.

Eff 1-31-99
Rule promulgated under: RC 111.15
Rule authorized by: RC 311.26
Rule amplifies: RC 121.22
R.C. 119.032 Review Date: 1-31-2004