Section 3750-10-05 - Internal operating rules(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. Ohio Admin. Code 3750-10-05
Five Year Review (FYR) Dates: 3/17/2021 and 03/17/2026
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(9)
Rule Amplifies: 3750.02(A)
Prior Effective Dates: 06/30/1990, 09/01/1998R.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