Chapter 6121-1 General Provisions

6121-1-01 Officers of the authority. [Rescinded].

Rescinded eff 8-26-04

6121-1-02 Meetings of the authority.

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 5/21/78, 10/2/86, 12/4/92

6121-1-03 Official seal of the authority. [Rescinded].

Rescinded eff 8-26-04

6121-1-04 Office of the authority. [Rescinded].

Rescinded eff 8-26-04

6121-1-05 Staff of the authority.

[This rule designated an internal management rule. For a copy of this rule, contact the Ohio Legislative Service Commission.]

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 11/26/92

6121-1-06 Amendments. [Rescinded].

Rescinded eff 8-26-04

6121-1-11 Definitions.

(A) "Day" means calendar day.

(B) "Meeting" means any prearranged discussion of the public business of this authority by a majority of its members.

(C) "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-treasurer under these rules.

(D) "Post" means to post in an area accessible to the public during the usual business hours in the general reception area at the offices of the authority and at other locations which the executive director determines are being used by state agencies for such purpose. A notice identifying the locations at which notifications will be posted pursuant to these rules shall be published by the secretary-treasurer within ten calendar days after the adoption of these rules.

(E) "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-treasurer to have the largest circulation in Franklin county.

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

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

(H) "Written notification" means notification in writing mailed, transmitted electronically or delivered to the address of the person for whom such notification is intended as shown on the records kept by the secretary-treasurer under these rules, 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.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 5/21/78, 8/26/04

6121-1-12 Notice of regular meetings.

(A) The secretary-treasurer shall post a statement of the time(s) and place(s) of regular meetings of this authority not later than the second day preceding the day of the first regular meeting following the adoption of these rules. The secretary-treasurer 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 or regular meetings shall be so posted by the secretary-treasurer at least forty-eight 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-treasurer shall promptly post notice of the time and place of such adjourned meeting.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 11/13/75, 5/21/78/9/21/2009

6121-1-13 Notice of special meetings.

(A) Except in the case of a special meeting referred to in paragraph (D) of rule 6121-1-14 of the Administrative Code, the secretary-treasurer shall, no later than twenty-four hours before the time of a special meeting, post a statement of the time, place and purposes of such special meeting, except that if all of the members of the authority are together at one place, an oral call may issue and a special meeting may be convened immediately and without lapse of time after such call.

(B) The statement under this rule and the notification under paragraphs (A), (B), and (C) of rule 6121-1-14 of the Administrative Code shall state such specific or general purpose or purposes then known to the secretary-treasurer 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.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 11/13/75, 05/21/78, 09/21/09

6121-1-14 Notice to news media of special meetings.

(A) Any news media that desire to be given advance notification of special meetings of this authority shall file with the secretary-treasurer a written request therefor. 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 of the person to whom written notifications to the medium may be mailed , electronically transmitted 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 hours) 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-treasurer or until the secretary-treasurer 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-treasurer. 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 authority and the secretary-treasurer.

(C) Except as provided in paragraph (D) of this rule, the secretary-treasurer shall give such oral notification or written notification, or both, as the secretary-treasurer 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-treasurer 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.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 5/21/78, 8/26/04

6121-1-15 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-treasurer 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-treasurer.

(2) Each such written request must be accompanied by cash, or a check or money order payable to the authority, in the amount of two dollars for each month covered by the request, which amount has been determined by the authority 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-treasurer. 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 authority and the secretary-treasurer.

(B) The secretary-treasurer shall give such advance notification by written notification, or by oral notification, or both, as the secretary-treasurer 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.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 5/21/78, 11/26/92

6121-1-16 General.

(A) In addition to the above provisions, any person may visit or telephone the office of the secretary-treasurer 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-treasurer may be given by any person acting in behalf of or under the authority of the secretary-treasurer.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 5/21/78

6121-1-17 Records and certifications.

A certificate by the secretary-treasurer as to compliance with these rules shall be conclusive upon this authority.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 5/21/78

6121-1-18 Disclosure of public records; trade secrets.

(A) Except as otherwise provided by this rule and not otherwise required to be kept confidential by federal or state law, any record, report or other information obtained by the Ohio water development authority ("OWDA") shall be made available to the public upon request.

(B) All requests to inspect, copy, or both, public records as defined under paragraph (A) of the rule obtained by OWDA under this, or any other, chapter of the Ohio Administrative Code shall be directed to Ohio water development authority in care of its Columbus, Ohio office.

(C) Within twenty working days of receipt by OWDA of a request to inspect and/or copy such public records, OWDA shall respond to the requestor. The response shall be in writing if the requestor has made a written request or if the requestor has voluntarily provided information that allows OWDA to transmit a written response to the requestor. The response shall advise the requestor as appropriate:

(1) As to the location of the public records sought and as to a reasonable time during regular business hours of OWDA at which the requested items may be inspected; or

(2) That OWDA does not have in its possession any public records as identified in the request; or

(3) That the request is not sufficiently descriptive to enable OWDA to determine whether OWDA has in its possession the public records sought; or

(4) That the requested records, in whole or in part, contain confidential trade secrets or other confidential material and are therefore, not subject to disclosure to the public or may be subject to redaction; or

(5) To the extent the request seeks copies of public records, the date such copies will be available and the cost to the requestor of such copies. If the total cost of the copies requested is twenty-five dollars or more, OWDA may require prepayment of the copying charge before the copies are provided to the requestor.

(D) Any denial of public records requested shall include an explanation, including legal authority supporting the denial. If portions of a record are public and portions are exempt from disclosure, the exempt portions shall be redacted and the remainder released. The authority shall notify the requester of the redaction or make the redaction plainly visible. If there are redactions, each redaction shall be accompanied by a supporting explanation, including legal authority for the redaction.

(E) Any party who seeks to protect any record, report or other information, or any part thereof, which, if made public, would disclose methods or processes entitled to protection as trade secrets shall, upon submission of the material to OWDA:

(1) Identify the specific items of information for which exemption from disclosure is claimed by marking with the following (or its reasonable equivalent) upon submission to OWDA: "This material is exempt from disclosure as a public record because it contains records or information relating to secret processes or secret methods of manufacture or the release thereof is otherwise prohibited by state or federal law;"

(2) Identify the specific legal ruling, law or section thereof under which the release of such specific items of information is prohibited; and

(3) Agree to indemnify and hold harmless the OWDA, its agents, officers, members and independent contractors from and against any and all damages, losses, costs, claims and liabilities, including attorneys' fees, arising out of or otherwise incurred by the OWDA in connection with any claim by any person that any specific items of information, or any parts thereof, withheld from disclosure are subject to disclosure under the provisions of Ohio or federal law. The party shall indemnify and hold harmless OWDA as provided in the preceding sentence whether or not the party ultimately prevails on its claim that the information is exempt from disclosure as a public record. At the request and in the sole discretion of the OWDA, the party shall undertake the defense of any claim that any information is exempt from disclosure as a public record.

(F) Notwithstanding the foregoing, OWDA shall give ten days' written notice to any party with specific items of information that have been requested pursuant to paragraph (B) of this rule, prior to responding in writing to the requestor pursuant to paragraph (C) of this rule.

(G) In the event material submitted to OWDA prior to the effective date of this rule is deemed confidential by the party submitting such material, upon receipt of correspondence from OWDA with respect to a request pursuant to paragraph (B) of this rule, the party shall comply in writing, or agree to comply by affidavit, with paragraph (D) of this rule.

(H) "Trade secret" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone numbers, that satisfies both of the following:

(1) It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(2) It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

R.C. 119.032 review dates: 03/28/2014 and 03/28/2019
Promulgated Under: 111.15
Statutory Authority: 6121.04 , 6121.21
Rule Amplifies: 121.22 , 6121.04 , 6121.21
Prior Effective Dates: 8/26/04, 2/3/08