Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-10 - Commission Management Rules › Section 3750-10-05 - Internal operating rules

Current through all regulations passed and filed through July 1, 2024
(A) In order for the commission membership to
			 meet as a whole, a quorum of members must be present at the meeting. The
			 commission shall conduct a roll call of its membership to determine if a quorum
			 is present prior to conducting any business at a meeting. A quorum consists of
			 one-half of all presently appointed members plus one member. A statutorily
			 authorized member of the commission or their designee must be present in person
			 at a meeting open to the public to be considered present and vote at the
			 meeting for purposes of determining whether a quorum exists. A quorum of the
			 executive committee consists of one-half of the members plus one member.
(B) Any matters of business to be
			 voted upon by the commission shall be in the form of a resolution or motion.
			 Each resolution shall be submitted in writing to each member of the commission
			 at least twenty-four hours prior to the meeting upon which said resolution is
			 voted upon, unless a majority of the commission members present vote, in the
			 form of an oral or written resolution, to waive the requirement of twenty-four
			 hours prior written notice. A simple majority of the membership in attendance
			 at any meeting must vote affirmatively for any resolution for it to be adopted
			 by the commission. Except for the chairmen of the respective house and senate
			 standing committees which shall be non voting members, and except when the
			 member falls under paragraph (D) of this rule, each commission member,
			 including the presiding chairperson, shall have one vote. Either the primary
			 designee or in the primary designee's absence. The alternate designee from a
			 state member agency may vote. A commission member may vote for or against a
			 resolution or may abstain.
Each resolution shall be adopted on a vote of the commission in
				public unless the commission is meeting in executive session in accordance with
				section 121.22 of the Revised Code.
				Resolutions shall be numbered consecutively and if a particular resolution is
				rejected, that resolution number shall not be assigned to another resolution.
				Each resolution must state that it was passed or rejected by a majority of the
				members and it must be signed by the co-chairpersons of the commission or their
				designees. A resolution may be modified by oral motion approved by a majority
				of the members at a meeting of the commission.
Each statutory head of each agency appointed as a member of the
				commission may designate a representative and an alternate representative(s) if
				desired. A statutory head of an agency may designate additional or substitute
				representatives in the form of a letter addressed to the co-chairpersons of the
				commission and signed by the statutory head of the agency.
(C) Minutes of each meeting and a record of
			 all resolutions adopted or rejected by the commission shall be recorded in the
			 commission's journal which, until such time as the commission has its own
			 office, shall be stored in accordance with paragraph (E) of rule
			 3750-10-03
			 of the Administrative Code.
(D) An
			 appointed member of the commission may also serve as a member of a local
			 emergency planning committee of an emergency planning district, except that
			 they shall not participate as a member of the commission in the appointment of
			 members of the committee of which they are a member, in the review of the
			 chemical emergency response and preparedness plan submitted by the committee of
			 which they are a member, in any vote to approve a grant to their district, or
			 in any vote of the commission on any motion or resolution pertaining
			 specifically to their district or the committee on which they serve. A member
			 of the commission who is also a member of a committee may vote on resolutions
			 of the commission that apply uniformly to all committees and districts in the
			 state and do not provide a grant or other pecuniary benefit to their district
			 or the committee of which they are a member.
(E) A state agency member of the commission
			 may serve on a committee in the district in which the member resides or works.
			 A state agency member of the commission serving on a local emergency planning
			 committee shall not be compensated by the local emergency planning committee.
R.C.
				119.032 review dates:
				08/21/2014 and
				08/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(9)
Rule Amplifies:
				3750.02(A)
Prior Effective Dates: 6/30/90,
				9/1/98