Ohio Administrative Code 129 — Board of Commissioners of the Sinking Fund

Chapter 129-1 Notice of Meetings

Ohio Adm.Code 129-1-01 Notification of meetings to the public and news media.

(A) The Commissioners of the Sinking Fund (Sinking Fund) have adopted the following Rules, pursuant to and in compliance with division (F) of section 121.22 of the Revised Code, for the purposes of (a) establishing a reasonable method for any person to determine the time and place of all regularly scheduled meetings, and the time, place and purpose of all special meetings, (b) making provisions for giving advance notice of all special meetings to the news media that have requested notification, and (c) making provisions to request and obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed. These rules are in addition to any applicable requirements as to notices to each member of the Sinking Fund.

(B) As used in these Rules:

(1) "Day" means calendar day.

(2) "Meeting" means any prearranged discussion of the public business of the Sinking Fund by three or more members of the Sinking Fund, or by any duly appointed committee of the Sinking Fund at which meeting a majority of the members of the committee are present.

(3) "Member" means a member of the Sinking Fund provided for in Section 8 of Article VIII of the Ohio Constitution.

(4) "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 shown on the records kept by the Secretary under these Rules.

(5) "Post" means to post in an area accessible to the public during the usual business hours at the Reception Area in the office of the Secretary (14th Floor, Rhodes State Office Tower, 30 East Broad Street, Columbus, Ohio), and to deliver to the Clerk of the State House Press Room, Columbus, Ohio.

(6) "Published" means published once in a newspaper having a general circulation in the City of Columbus, as defined in section 7.12 of the Revised Code, except that no portion of such newspaper need be printed in that City. 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 to have the largest circulation in that City.

(7) "Secretary" means the Secretary of the Sinking Fund, being the Secretary of State of the State of Ohio.

(8) "Special meeting" means a meeting which is neither a regular meeting nor an adjournment of a regular or special meeting to another time or day to consider items specifically stated on the original agenda of such regular or special meeting.

(9) "Written notification" means notification in writing mailed, telegraphed, faxed, or delivered to the address of the person for whom such notification is intended as shown on the records kept by the Secretary 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 fourth day preceding the day of the meeting to which such notification refers.

(C) Any person may determine the time and place of all then known regular meetings, the time, place, and purposes of all then known special meetings, and whether the available agenda of any future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting, by:

(1) Writing to:

Secretary, Commissioners of the Sinking Fund

c/o Secretary of State

Rhodes State Office Tower

30 East Broad Street

Columbus, Ohio 43266-0418

(2) Telephoning the office of the Secretary of State, during its normal business hours, at: 614-466-3084

(3) Consulting posted notices at the Reception Area in the office of the Secretary of State, 14th Floor, Rhodes State Office Tower, 30 East Broad Street, Columbus, Ohio, or consulting the Clerk of the State House Press Room, Columbus, Ohio.

(D) The Secretary shall post a statement of the time and places of then known regular meetings not later than the second day preceding the day of each regular meeting. If at any time the time or place of any regular meeting is changed, a statement of the time and place of such changed regular meeting shall be so posted by the Secretary at least twenty-four hours before the time of such changed regular meeting.

(E) Upon adjournment of any regular or special meeting to another day, the Secretary shall promptly post notice of the time and place of such adjourned meeting.

(F) Except in the case of a special meeting referred to in paragraph (I)(5) of this rule, the Secretary 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. In the case of a special meeting referred to in paragraph (I)(5) of this rule, the Secretary shall immediately post a statement of the time, place and purposes of such special meeting.

(G) The statement under paragraph (F) of this rule and the notification under paragraph (I) of this rule shall state such specific or general purpose or purposes then known to the Secretary 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 the Sinking Fund or its committee at such meeting may be considered and acted upon.

(H) In addition to or in lieu of the posting of the statement as provided in paragraphs (D), (E) and (F) of this rule, the Secretary may cause to be published once, no later than twelve hours prior to the time of the meeting referred to, a statement of the time and place of such regular meeting or the time, place and purposes of such special meeting.

(I) Any news media organization that desires to be given advance notification of special meetings shall file with Secretary a written request therefor. The Secretary shall maintain a current list of all news media that have requested such advance notification.

(1) Except in the event of an emergency requiring immediate official action as referred to in paragraph (I)(5) 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 (I)(2) of this rule.

(2) News media requests for such advance notification of special meetings shall specify: the name of the medium; the name and address (and, if applicable, the fax number) of the person to whom written notifications to the medium may be mailed, telegraphed, faxed or delivered; and the names, addresses and telephone numbers (including addresses and telephone numbers and, if applicable, the fax number 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.

(3) Any such request shall be effective for one year from the date of filing with the Secretary or until the Secretary 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. 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 Commission and the Secretary.

(4) The Secretary shall give such oral notification or written notification, or both, as the Secretary determines, to the news media that have requested such advance notification in accordance with paragraph (I)(2) of this rule, of the time, place and purposes of each special meeting, at least twenty-four hours prior to the time of such special meeting.

(5) 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 persons or the Secretary on their behalf, shall immediately give oral notification or written (including fax) 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 (I)(2) 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.

(J) 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 specifying: the person's name, and the address[es] and telephone number[s] (including, if applicable, the fax number) 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.

(2) Each such written request shall be accompanied by stamped self-addressed envelopes sufficient in number to cover the number of meetings during the time period covered by the request. The Secretary shall notify in writing the requesting person when the supply of envelopes is running out, and if the person desires notification after such supply has run out such person must deliver to the Secretary an additional reasonable number of stamped self-addressed envelopes as a condition to receiving further notifications.

(3) There shall be no fee charged for such notification.

(4) Such requests may be modified or extended only by filing a complete new request with the Secretary. 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 Commission and the Secretary.

(5) The Secretary shall maintain a current list of all persons who have requested such notification. The secretary shall if possible give such advance notification under this paragraph (J) by written notification. If such written notification cannot be given or has not been given, the Secretary shall give oral notification.

(6) Written notification of Sinking Fund meetings under paragraph (J)(5) of this rule may be accomplished by giving advance written notification by copies of the agenda of those meetings of the Sinking Fund.

(K) Any notification or action provided herein to be given or taken by the Secretary may be given or taken by the Assistant Secretary of State or any other person acting in behalf of or under the authority of the Secretary or Assistant Secretary of State.

(L) A reasonable effort at notification shall constitute notification in compliance with these Rules.

(M) At the commencement of each meeting, the Secretary or Assistant Secretary of State, or any member of the Sinking Fund, shall submit a certificate of the the Secretary or Assistant Secretary as to compliance with these Rules as to notice and notification. Such certificate shall be conclusive upon the Sinking Fund (and, if applicable its committee) as to the facts set forth in it, and shall be conclusive evidence as to the facts set forth in it upon which all persons can rely that these Rules have been complied with.

I certify that the foregoing is a true and accurate copy of rule 129-1-01 of the Commissioners of the Sinking Fund.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM

Chapter 129-2 General Provisions

Ohio Adm.Code 129-2-01 Definitions.

(A) As used in these rules, "Sinking Fund" means the commissioners of the sinking fund provided for by Section 8 of Article VIII of the Ohio Constitution; "President" and "Secretary" means those officers of the sinking fund; "members" of the Sinking Fund means the governor, treasurer of state, auditor of state, secretary of state and attorney general, and officers who by law perform the functions of such offices during any vacancy therein, and as applicable includes designees acting pursuant to section 1557.03 of the Revised Code and these rules; and "designees" means those officers or employees designated and acting pursuant to section 1557.03 of the Revised Code and paragraph (A) of rule 129-2-02 of the Administrative Code.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 129-2-02

(A) For purposes of issuing obligations under section 1557.03 of the Revised Code, each of the state officers named in paragraph (A) of rule 129-2-01 of the Administrative Code may designate an officer or employee of that officer's office or department to attend meetings of the sinking fund when he is absent or unable for any reason to attend. Such designation shall be made in writing, signed by the designating state officer, and filed with the secretary. The secretary shall furnish forms for such designations. Each such designation is effective until and unless revoked by a writing signed by the designating officer and filed with the secretary or until a new designation is filed with the secretary in the manner provided above.

(B) Each designee who is present at a meeting shall, during such time as the state officer who designated him is absent, be counted in determining whether a quorum is present and may vote and participate in all proceedings and actions of the sinking fund, and shall perform the functions of the designating officer provided for by these rules at such meeting.

(C) A designee, as such, shall not execute or cause his facsimile signature to be placed on any obligation, or execute any trust agreement of the sinking fund.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 129-2-03 Officers of sinking fund.

(A) The auditor shall serve as president and the secretary of state shall serve as secretary of the sinking fund.

(B) The president shall preside at all meetings of the sinking fund; decide all questions or order; and perform all duties conferred upon such officer by law, and such other duties as the sinking fund may from time to time prescribe or authorize. If the president is absent from a meeting, the members present shall select one of the members as president pro tempore for that meeting.

(C) The secretary shall keep minutes of all meetings of the sinking fund; be the custodian of, and shall provide facilities in his official office for the custody of all records, books, deeds, contracts, documents and papers of the sinking fund; give notice of all meetings of the sinking fund and any of its committees, including notice required by sinking fund rules adopted pursuant to section 121.22 of the Revised Code; and perform all duties conferred upon such officer by law, and such other duties as the sinking fund may from time to time prescribe or authorize. If the secretary is absent from a meeting, the members present shall select one of the members to act as secretary of the meeting.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 129-2-04 Meetings.

(A) Regular meetings of the sinking fund shall be held at such dates, times and locations as shall be fixed or provided for by vote of the members of the sinking fund at a meeting of the sinking fund duly called and held. The secretary or secretary of the meeting shall give written notice of that action to absent members within twenty-four hours after adjournment of that meeting. Additional meetings may be called by the president or by the secretary or by any three members of the sinking fund.

(B) The president shall give members of the sinking fund written notice of the date, time and location of all meetings. Such notice shall be given by depositing it, at least forty-eight hours in advance of the meeting, in the United States mail in a postage prepaid envelope addressed to each of the members of the sinking fund at the official office of each member, or by delivering it, at least twenty-four hours in advance of the meeting, at the official office of each member. Such notice may be waived in writing, either before or after the meeting involved, by any of the members of the sinking fund not so notified, and shall be waived without necessity for such writing by the attendance of such member at such meeting. Such notice shall be given by the secretary if the secretary calls the meeting or by the three members who call a meeting.

(C) The president shall, whenever possible, deliver with the notice of a meeting provided for in paragraph (B) of rule 129-2-04 of the Administrative Code the propose agenda of the meeting. However, any business may be considered or acted upon at any meeting of the sinking fund whether or not set forth in the agenda of that meeting and whether or not an agenda of that meeting had been delivered to the members of the sinking fund prior to that meeting.

(D) Meetings of the sinking fund may be held at any location within the state of Ohio, provided that no meeting shall be held other than in Franklin county unless approved by vote of three members of the sinking fund at a previous meeting. Business of the sinking fund and of its committees shall be transacted only in meetings in compliance with section 121.22 of the Revised Code and the sinking fund's rule adopted pursuant to that section.

(E) Except as provided otherwise from time to time by law, or by rule, bylaw or other action of the sinking fund, proceedings of the sinking fund shall be governed by the parliamentary rules set forth in the then latest edition of Robert's Rules Of Order.

(F) The president shall determine the order of business for each meeting of the sinking fund.

(G) Three members of the sinking fund constitute a quorum and the affirmative vote of three members of the sinking fund is necessary for any action taken by a vote of the sinking fund.

(H) Any meeting of the sinking fund, whether or not a quorum is present, may be adjourned by the member, or by a majority of the members of the sinking fund, present at such meeting to a stated date, time and location, without necessity for further notice to any member of the sinking fund. The secretary shall make a reasonable effort to inform absent members of the sinking fund of the date, time and location of such adjourned meeting, but failure of such information for any reason shall not in any way affect the ability of a quorum of the sinking fund to act at such adjourned meeting on any matter coming before the sinking fund at such meeting.

(I) The minutes of each meeting of the sinking fund and of any sinking fund committee shall be promptly prepared, and filed and maintained in his office, by the secretary, and shall be open to public inspection. The minutes of each meeting of the sinking fund shall contain a record of all actions taken by vote of the sinking fund. The secretary shall furnish to each member of the sinking fund a copy of the minutes of a meeting of the sinking fund or any of its committees as soon after that meeting as is practical.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 129-2-05 Semi-annual reports.

Semi-annual reports of the sinking fund, including the matters provided for in Section 11 of Article VIII of the Ohio Constitution and Section 129.22 of the Revised Code, shall be prepared by the sinking fund and submitted to the governor and the general assembly no later than forty-five days after June thirtieth and December thirty-first of each year. Copies of such reports shall be submitted to the members of the sinking fund.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 129-2-06 Amendments.

These rules may be amended or repealed, in whole or in part, at any meeting of the sinking fund by the affirmative vote of three members of the sinking fund.

History

• Effective: December 17, 1994
• Promulgated Under: 111.15 - IM