Chapter 3318:1-1 Organization and Procedures
[This rule designated an Internal Management Rule]
(A) The commission shall consist of seven members, three of whom are voting members.
(1) The voting members of the commission shall be the director of the office of budget and management, the director of administrative services, and the superintendent of public instruction, or his or her designee.
(a) If a voting member assigns a designee, the member shall submit a letter of assignment to the chair of the commission to indicate the designation in that member's absence. The letter should indicate whether the designee is assigned for one meeting or for a specific period of time to act on the member's behalf.
(b) Once assigned, a designee shall have the same voting rights as the voting commission member.
(2) Of the nonvoting members, two shall be members of the senate appointed by the president of the senate and two shall be members of the house of representatives appointed by the speaker of the house. Each of the appointees of the president, and each of the appointees of the speaker, shall be members of different political parties.
(a) Nonvoting members shall serve as members of the commission during the legislative biennium for which they are appointed, except that any such member who ceases to be a member of the legislative house from which the member was appointed shall cease to be a member of the commission.
(b) Pursuant to section 3318.30(B) of the Revised Code, each nonvoting member will be encouraged to be appointed within thirty-one days of the end of the term of that member's predecessor. Such members may be reappointed.
(c) Vacancies of nonvoting members shall be filled in the manner provided for original appointments.
(B) Members of the commission shall serve without compensation.
[This rule designated an Internal Management Rule]
(A) Including the organizational meeting, the commission shall meet at least once each calendar quarter.
(B) Meetings of the commission may be held anywhere in the state.
(C) Organizational meetings of the commission shall be held at the first meeting of each calendar year. At each organizational meeting, the commission shall elect from among its voting members a chair and vice-chair, who shall serve until the next annual organizational meeting.
(D) Two voting members of the commission constitute a quorum, and the affirmative vote of two members is necessary for approval of any action taken by the commission.
(E) Regular meetings of the commission shall be held as determined necessary by the chair.
(F) Special meetings of the commission shall be held as determined necessary by the chair, when such action is beneficial to avoiding delays or increased costs on projects or as needed for other actions that need immediate attention.
(G) Members shall be given advance notice of the agenda of each meeting by the secretary of the commission, which shall be a designated employee of the commission.
(H) Except as otherwise provided by rule or action of the commission, all proceedings of the commission shall be governed by parliamentary rules as set forth in "Robert's Rules of Order."
(I) The order of business for regular meetings of the commission shall be at the discretion of the chair, but shall generally include the following:
(1) Call to order
(2) Roll call
(3) Approval of minutes from previous meeting
(4) Consideration of school building projects and other agenda items
(5) Report of the executive director
(6) Public comment at discretion of the chair
(J) The commission may approve multiple projects or contracts listed on an appendix or exhibit in one vote.
(K) Any person requesting to present testimony at a commission meeting shall submit a "Testimony Request Slip," the form of which shall be provided by the commission. The "Testimony Request Slip" shall contain the following information.
Name, address and telephone number of the speaker;
Subject matter of the testimony;
A listing of any exhibits, including written statements, to be submitted to the board.
(1) The chair may impose such procedural and subject matter restrictions as the chair determines appropriate.
(2) No person shall be permitted to speak at a commission meeting unless acknowledged by the chair.
(L) Minutes. The secretary of the commission shall keep minutes of all meetings.
(1) The meeting minutes shall consist of a summary of the meeting which reflects the discussion at the meeting and the official action taken by the commission and the vote thereon, except that the minutes need only reflect the general subject matter of discussions in executive sessions authorized under section 121.22 of the Revised Code.
(2) After each meeting the secretary of the commission shall cause the minutes to be promptly prepared, filed and maintained.
(3) The minutes of each meeting shall be considered at the next meeting of the commission. After approval of the minutes by the commission, the minutes shall constitute the official minutes of the commission and shall be maintained by the secretary of the commission and open to public inspection during normal business hours.
(A) In accordance with division (F) of section 121.22 of the Revised Code, notice of the time and place of all regularly scheduled meetings of the commission shall be made available to the general public.
(1) Writing to the following address: "Commission Secretary, 10 West Broad Street, Suite 1400, Columbus, Ohio 43215"; or
(2) Contacting the commission secretary at (614) 466-6290 or by electronic mail at firstname.lastname@example.org; or
(C) www.osfc.state.oh.us Notice of all the commission's meetings must be posted prior to the meeting on the commission's website,http://osfc.ohio.gov, and be provided to the Gongwer and Hannah news services.
(D) The commission shall provide notification in the following manner:
(1) For regular meetings such notice shall be given at least one week prior to the regular meeting and shall specify the time and place of the meeting.
(2) For special meetings, not of an emergency nature, such notice shall be given at least twenty-four hours before the special meeting and shall specify the time, place, and purpose of the meetings.
(3) For special meetings of an emergency nature, such notice shall be given immediately upon the calling of the meeting and shall specify the time, place, and purpose of the meetings.
(A) Pursuant to section 3318.03 of the Revised Code, the commission shall make determinations in favor of proceeding with school district projects. Pursuant to division (A) of section 3318.06 of the Revised Code, the commission may conditionally approve school district projects. Such conditional approval shall be submitted to the controlling board for approval thereof.
(B) Whereas the conditional approval of the commission is necessary prior to controlling board approval, the commission shall adhere to the following procedure for approval of school district projects.
(1) The commission shall convene a regularly scheduled meeting, as called by the chair, to approve school district projects.
(2) The executive director or the executive director's designee shall present a recommendation to the commission for approval of each school district project which may be funded within the appropriations given to the commission and which has met all other eligibility criteria set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of school district projects to be approved that provides the name of each school district, the scope of the project, the total project budget and the state and local share.
(3) The commission will vote approval or disapproval of each school district project, as set forth in Chapter 3318. of the Revised Code. The commission may approve multiple projects listed on an appendix or exhibit in one vote.
(4) Following approval of the project and obtainment of local funding, the commission may authorize the executive director or the executive director's designee to enter into a project agreement pursuant to section 3318.08 of the Revised Code.
(5) Following approval of the project and obtainment of local funding, the commission may authorize the executive director of the executive director's designee to take actions necessary to administer the performance of the project agreement, except for contracts entered into under rule 3318-2-05 of the Administrative Code.
Five Year Review (FYR) Dates:
Promulgated Under: 111.15
Statutory Authority: 3318.31
Rule Amplifies: 3318.03, 3318.31
Prior Effective Dates: 06/18/2002 (Emer.), 09/13/2002, 08/10/2012
(A) In accordance with division (A)(2) of section 3318.31 of the Revised Code, the commission may contract with, retain the services of, or designate, and fix the compensation of, such agents, accountants, consultants, advisers, and other independent contractors as may be necessary or desirable to carry out the programs authorized under Chapter 3318. of the Revised Code.
(B) In accordance with section 3318.10 of the Revised Code, when the construction multiple prime bids for all branches of work and materials have been tabulated, the contract shall be awarded by the school district board to the lowest responsible bidder subject to the approval of the commission.
In addition, the commission may also approve contracts that utilize project delivery methods for construction as authorized by the Revised Code, including single prime, design-build, and construction manager at risk.
(C) In accordance with section 3318.091 of the Revised Code, the employment of a qualified professional person or firm to provide professional design services for the project is subject to the approval of the commission.
(D) Pursuant to paragraphs (A) to (C) of this rule, the commission shall adhere to the following procedure for the approval of contracts.
(1) The commission shall convene regular or special meetings, as called by the chair, to approve contracts.
(2) The executive director or a designee shall present a recommendation to the commission for approval or disapproval of each proposed contract, as set forth in Chapter 3318. of the Revised Code. The executive director may present a listing of contracts to be approved that provides a description of the selection process, the name of each contractor, and the amount of the contract.
(3) The commission will vote approval or disapproval of each contract request. The commission may approve multiple contracts listed on an appendix or exhibit in one vote.
(4) Following approval of the contract, the commission may authorize the executive director or a designee to take actions necessary to administer the performance of the contract.
(5) Notwithstanding paragraphs (D)(1) to (D)(4) of this rule, the commission may delegate the function of approval of contracts to its executive director.