(A) The commission shall meet at
least annually. Except as provided in section 121.22 of the Revised Code, or
otherwise in the Revised Code, all meetings of the commission or any of its
committees shall be open to the public. Meetings of the executive committee,
when determining whether to issue an enforcement order or to request a civil
action, civil penalty action or criminal action to enforce Chapter 3750. of the
Revised Code or an issue that meets a condition of paragraph (B) of this rule
shall ordinarily be held in private unless there is a majority vote of the full
membership of the commission or a majority vote of the executive committee in
favor of a public meeting.
(B) The membership of the commission
may hold an executive session only at a regular or special meeting of the
commission for the sole purpose of considering matters enumerated in division
(G) of section 121.22 of the Revised Code. If the executive committee is to
determine matters enumerated under division (G) of section 121.22 of the
Revised Code, the motion and vote to hold the session shall set forth which one
or more of the approved matters listed in that division which are to be
considered. Prior to holding an executive session at a regular or special
meeting, the presiding co-chairperson of the commission shall state the
commission is going to meet in executive session and state generally the
purpose of the meeting and the purpose for holding an executive session as
delineated in division (G) of section 121.22 of the Revised Code. The
commission may hear the following matters in executive session:
(1) The appointment, employment,
dismissal, discipline, promotion, demotion, or compensation of public employee
or official, or the investigation of charges or complaints against a public
employee, official, licensee, or regulated individual pursuant to division
(G)(1) of section 121.22 of the Revised Code, unless the public employee,
official licensee, or regulated individual requests a public
hearing;
(2) To consider the purchase or sale
of property as set forth in division (G)(2) of section 121.22 of the Revised
Code;
(3) Conferences with an attorney for
the commission concerning disputes involving the commission that are the
subject of pending or imminent court action;
(4) Preparing for, conducting, or
reviewing negotiations or bargaining 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 rules or state statutes.
(C) The director of the Ohio EPA, and
the director of public safety or their authorized designees, shall be known as
the co-chairpersons of the commission, The co-chairpersons shall be the chief
executive officers of the commission and shall perform all duties commonly
incidental to such position. One of the co-chairpersons shall preside at all
meetings. The presiding chairperson of each regularly scheduled meeting of the
commission will alternate. If the co-chairperson who is scheduled to preside at
a regularly scheduled meeting of the commission will be unavailable to serve as
the chairperson of the meeting, the scheduled presiding chairperson will notify
the other co-chairperson to preside, as soon as possible but no later than
twenty four hours in advance. If neither chairperson is available, then the
designee of the agency scheduled to preside shall act as the presiding
chairperson. The secretary of the commission will attempt to notify the
commission members as to which co-chairperson will be presiding.
(D) An executive committee shall be
formed consisting of the members provided for in division (B)(9) of section
3750.02 of the Revised Code. If a quorum of the executive committee conducts a
meeting, it shall thereafter advise the commission as a whole at any regular
commission meeting, and propose resolutions for adoption to the commission as a
whole, as necessary. The executive committee shall have any other powers as
identified in paragraph (B) of rule 3750-10-01 of the Administrative
Code.
(E) The commission through the Ohio
EPA shall be responsible for recording the proceedings of the commission. The
minutes of a regular or special meeting of the commission shall be promptly
recorded and open to public inspection. The minutes of an executive session
meeting need only include the general subject matter of the discussion at the
executive session meeting. The minutes of all the meetings shall include the
date, place and time of the meeting. Minutes of regular and special meetings
shall include a record of motions made at the meeting, a vote count on all
motions raised at the meeting and a summary of all business conducted at the
meeting. Until such time as the commission has its own staff and office, the
minutes shall be stored at the office of the Ohio EPA in Columbus in the
custody of the Ohio EPA, "Community Right-to-Know" program and will be
available for inspection.
(F) The commission shall use the Ohio
EPA public interest center to disseminate public information regarding
commission meetings. The Ohio EPA public interest center shall maintain a
listing of meetings scheduled to be held by the commission and its committees
including the date, time, and place of all regular and special meetings. A
member of the public may obtain advance notification of regular and special
meetings of the commission beginning thirty days after submitting a written
request to receive such notification to the Ohio EPA public interest center.
The advance notification may include, but is not necessarily limited to,
mailing the agenda of meetings.
(G) The commission, through the Ohio
EPA public interest center shall give at least seventy-two hours advance notice
to the news media of all regularly scheduled meetings. This notice will be
accomplished by the Ohio EPA public interest center issuing a press release to
its general list of newspapers and wire services including the date, time,
place and agenda for the meeting and the name of a commission contact person
who has knowledge of the scheduled meeting.
(H) The commission, through the Ohio
EPA public interest center shall give at least twenty-four hours advance notice
of all special meetings to any member of the news media that has requested
notification, except in the event of an emergency requiring immediate official
action. In the event of an emergency, the commission, through the Ohio EPA
public interest center shall immediately notify the news media that have
requested notification upon the scheduling of the meeting. This notice shall
include the date, time, place and purpose of the meetings.
(I) At the beginning of each meeting
of the commission membership, a recitation of the public notice given of that
meeting shall be made. and the presiding co-chairperson or designee shall state
that the meeting is open to the public.
(J) These internal rules may be
supplemented by the commission through resolution adopted according to normal
voting procedures.