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Chapter 205: Boards

Section 205.01 Board of Control

  1. Board of Control Established
    1. Establishment:  There is, hereby, created the Cuyahoga County Board of Control, consisting of seven members identified as follows:
      1. The Cuyahoga County Executive, 
      2. The Fiscal Officer,
      3. The Director of Public Works,
      4. The Director of the Office of Procurement and Diversity, and
      5. Three members of Cuyahoga County Council, appointed by the President of Council, immediately following each Organizational Meeting of Cuyahoga County Council, who shall serve until their successors are appointed.
    2. Jurisdiction: The Board of Control shall have jurisdiction to review, approve, or deny all of the following:
      1. Any contract, contract amendment, change order, purchase, sale, lease, grant, loan, exemption, procedure, or any other action that requires approval by the Board of Control pursuant to Chapter 501 of Cuyahoga County Code or any other County Code provisions.
      2. Any other contract, contract amendment, change order, purchase, sale, lease, grant, loan, exemption, procedure, or other action that does not otherwise require approval by the County Council or Board of Control, but the County Executive determines to submit to the Board of Control for its consideration, review, and approval or denial.
      3. Any other contract, purchase, sale, lease, grant made by the County, loan made by the County, or any procedure within the process of completing any such contract, purchase, sale, lease, grant, or loan for which the County Council, by Resolution or Ordinance of Council, requires approval of the Board of Control.
  2. County Council Vacancies: Whenever any of the three positions on the Board of Control held by members of County Council becomes vacant, the President of County Council shall appoint another member of County Council to fill the position for the remainder of the term.
  3. Executive Branch Alternates: For each of the four executive branch members of the Board of Control, the County Executive shall appoint two alternates, one of whom shall attend meetings of the Board of Control whenever that member is unable to do so. Only employees of Cuyahoga County may be appointed as alternates on the Board of Control. Each alternate appointed shall, according to the County Executive's best judgment, have the greatest responsibility and most knowledge in the area(s) of primary responsibility of the person that the alternate replaces. Alternates shall serve at the pleasure of the County Executive, and the County Executive shall appoint a new alternate in the same way as the original designation whenever an alternate position becomes vacant. Appointments of alternates by the County Executive shall not be subject to confirmation by County Council.
  4. Council Alternates: At the same time that the President of Council appoints members to the Board of Control, the President of Council shall appoint at least three alternates who shall serve as a pool of alternates if any of the Council members are unavailable. Alternates shall be members or employees of County Council and shall serve until their successors are designated.  The President of Council shall in the same way appoint an alternate for the remainder of the term whenever an alternate position becomes vacant.
  5. Alternate Have Full Rights: Any properly appointed alternate shall have all the rights and responsibilities of a member of the Board of Control when attending a meeting on behalf of a member.
  6. Officers: The County Executive shall serve as Chairperson of the Board of Control, and the Fiscal Officer shall serve as Vice Chairperson. If both the Executive and the Fiscal Officer are absent from any meeting, the Board of Control shall choose one of its members to chair that meeting. For the purposes of this section, County Executive and Fiscal Office shall include their alternates.
  7. No Additional Compensation, Collective Action, and Conflicts of Interest:
    1. No compensation in addition to a person's regular compensation as an employee of Cuyahoga County shall be provided for service on the Board of Control.
    2. The Board of Control is a board created by law, and its members act collectively, and in their official capacities, in the award of contracts and in taking any other action.  It shall not be a conflict of interest for a Board member, including the County Executive or a director of a department or an office, to advocate before the Board, deliberate on, or vote for or against a contract or any other item involving his or her department or office.  It also shall not be a conflict of interest for a Council Board member to advocate before the Board, deliberate on, or vote for or against a contract within his or her District or involving a purchase by the County Council.
  8. Clerk of the Board of Control: The County Executive shall designate one staff person, who shall be the Clerk of the Board of Control, who shall publish agendas and meeting notices and record and publish minutes.
  9. Weekly Meetings: The Board of Control shall meet weekly, at a regular time determined by the Board of Control. 
  10. Quorum: A quorum for the Board of Control shall consist of four (4) members attending personally or through their alternates.
  11. Vote Required for Board of Control Actions: Except as provided in Section 501.04(A)(1)(g) of the County Code, a motion to approve or disapprove any item before the Board of Control shall require the affirmative vote of any four (4) or more members.  Amendments to items before the Board of Control and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present.
  12. Rules of Procedure:
    1. The Board of Control shall, consistent with the provisions of this Section 205.01, adopt its own rules of procedure.
    2. Should any conflict arise between the rules of procedure of the Board of Control and  the County Code, the requirements of County Code shall prevail.
    3. The rules of the Board of Control may include procedures for the approval or preapproval of time sensitive, mission critical purchases not to exceed $25,000.00 for any one time sensitive, mission critical purchase item.
    4. Nothing in this Section shall be interpreted to prohibit the Board of Control from utilizing consent agendas.
  13. Public Participation: All meetings of the Board of Control shall be open to the public and shall begin by providing time for public comment on matters that are on the agenda for that day. The Board of Control shall also provide time for public comment, either at that time or later in the meeting, on matters that may come before the Board of Control in the future. The Board of Control may also require presenters to register with the Board of Control before speaking and may set a time limit on presentations, which may be extended at the discretion of the Chairperson.
  14. Agendas: The Clerk of the Board of Control shall publish the notice and agenda for each meeting on the county's website, post them at its office, and send them by electronic mail to each member of County Council no later than 6:00 p.m. on the second business day before the meeting.  For each proposed contract to be considered, the agenda shall list the type of contract, a summary of the scope of work, the anticipated costs, the expected schedule of payments by fiscal year, the source(s) of funding, the anticipated start date, and the vendor's name. For agenda items other than contracts, the Board of Control shall specify in its rules what documentation shall be submitted with the request.
  15. Special Meetings: The Board of Control may conduct a special meeting at a time other than its regularly scheduled time. In the event of an emergency, as determined by the County Executive in his or her discretion, or when the County Executive determines that it is advantageous to the County to have a special meeting, the Board of Control may conduct a meeting with less notice than that required by Section 205.01(N) of the County Code. For any special or emergency meeting, in addition to the notice requirements of Section 205.01(N), the Board of Control shall also send notice to all news media organizations that request to be notified of such meetings.  A meeting may be conducted with less than 24 hours notice only to respond to an emergency concerning which immediate official action is required, and the notice and agenda shall state the nature of the emergency requiring such action.
  16. Minutes: The Clerk of the Board of Control shall promptly prepare and publish the minutes of each meeting of the Board of Control on the county's website, which shall in no case occur later than one week after each meeting.
  17. Executive Session: Notwithstanding the requirement in Section 205.01(M) for open meetings, the Board of Control may go into Executive Session, only to discuss one or more of the topics permitted to be discussed in Executive Session pursuant to the Ohio Open Meetings Act or any other general law permitting such Executive Session. The published agenda for any meeting at which the Board of Control goes into Executive Session must include notice of the intent to go into Executive Session and a general description of the subject matter to be discussed. Prior to going into Executive Session, the Board of Control must approve a motion to go into Executive Session. That motion must be approved by a majority of members present by roll call vote, with a quorum being present, and the motion shall state the topic(s) to be discussed in Executive Session and that no other topics may be discussed.
  18. Journal: The Clerk of the Board of Control shall maintain a Journal of the Board of Control, which shall be posted on the county's website and maintained as a permanent file, which may be in an electronic format. The Journal shall include the notice, agenda, and minutes of all Board of Control meetings.
  19. Public Meetings and Public Records: The Board of Control shall be subject to all state and county laws concerning public meetings and public records.
  20. Deadline for Agenda Items: The Clerk of the Board of Control, in consultation with the Fiscal Officer, the Director of Public Works, and the Director of the Office of Procurement and Diversity, may set a deadline for the submission of items for the agenda by county departments for each meeting.
  21. Consideration of Items Not on the Agenda: The Board of Control may, by 2/3 vote of members present, with a quorum being present, allow consideration of items not on the agenda or items submitted after the deadline for submission of items established by the Clerk of the Board of Control.

(Ordinance Nos. O2015-0006, Enacted 4/28/2015, Effective 4/29/2015; O2011-0030, Enacted 7/26/2011, Effective 7/29/2011; O2011-0014, Enacted 4/26/2011, Effective 5/3/2011)

Section 205.02 Repealed on 4/28/2015 by Ordinance No. O2015-0006

Section 205.03 Board of Revision

Compensation:  The compensation for all Board of Revision members (other than the County Executive) shall be commensurate with the Pay Grade 13 of the County’s Non-Bargaining Salary Schedule, as it may be amended from time to time, a current copy of which is attached hereto as Exhibit “A”.  Appointments shall be made at the minimum of the pay grade, unless a candidate possesses relevant experience and education beyond the minimum requirements of the position, in which case, based upon the recommendation of the County’s Director of the Department of Human Resources, appointments may be made at any step above the minimum pay grade up to and including the mid-point of the pay range. Board of Revision members shall be entitled to all benefits offered full-time County employees, and shall be subject to such furlough policies that may be applicable to County employees.

(Ordinance No. O2011-0005, Enacted 1/3/2011, Effective 1/10/2011)

Section 205.04 Cuyahoga County Emergency Services Advisory Board (CCESAB)

  1. This Council hereby authorizes the bylaws be amended, to include the name of the entity be changed to the Cuyahoga County Emergency Services Advisory Board (CCESAB) and update the membership of the Board pursuant to the mandates of Ohio Revised Code 5502.26. 
  2. The Cuyahoga County Emergency Services Advisory Board (CCESAB) shall be an independent advisory board with the ability and authority to establish and amend its bylaws that are consistent with its stated mission and purpose, ORC 5502.26, and not inconsistent with general law.  Any amendment to the bylaws that alter the membership of the board shall require the approval of the County Executive.
  3. The Cuyahoga County Emergency Services Advisory Board (CCESAB) is acknowledged to be a public body subject to the open meetings laws as set forth in Ohio Revised Code 121.22.

(Ordinance No. O2012-0027, Enacted 9/25/2012, Effective 9/26/2012) 

Section 205.05 Regional Enterprise Data Sharing System (REDSS)

  1. This Council hereby authorizes the bylaws be amended to include the renaming of the entity from the Cuyahoga Regional Information System (CRIS) Advisory Board to the Regional Enterprise Data Sharing System (REDSS) Advisory Board, and to update the membership of the Board. 
  2. The Regional Enterprise Data Sharing System (REDSS) Advisory Board is an independent advisory board with the ability and authority to establish and amend its bylaws that are consistent with its stated mission and purpose, the mandates of ORC 2949.093, and not inconsistent with general law.  Any amendment to the bylaws that alter the membership of the board shall require the approval of the County Executive.
  3. The Regional Enterprise Data Sharing System (REDSS) Advisory Board is acknowledged to be a public body subject to the open meetings laws as set forth in Ohio Revised Code 121.22.

(Ordinance No. O2012-0028, Enacted 9/25/2012, Effective 9/26/2012) 

Section 205.06 The Cuyahoga County Debarment Review Board

  1. Establishment:  There is hereby established the Cuyahoga County Debarment Review Board.  It shall consist of the following five members:
    1. A Chair appointed by the County Executive and confirmed by Council. The Chair shall be an elector of the County, shall be an attorney at law in good standing in the State of Ohio, and shall have at least five years' cumulative experience in either litigation or appellate practice. The term of this person shall be for three years. The initial three year term shall be appointed for a term commencing July 1, 2014 and expiring on June 30, 2017;
    2. A member of the Cuyahoga County Council appointed by the Council President as soon as practicable after the enactment of Section 205.06(A)(2) of the County Code and immediately following each organizational meeting of the Cuyahoga County Council, who shall serve until his or her successor is appointed; and
    3. Three residents of Cuyahoga County appointed by the County Executive and confirmed by the Cuyahoga County Council.  None of these members may be an employee of Cuyahoga County while serving on the Board.  These three members shall be attorneys-at-law in good standing in the State of Ohio.  Subject to Council’s approval, the County Executive may remove any of these three members for inefficiency, neglect of duty, malfeasance, or if they no longer qualify to serve on the Board.  The term of each member shall be five years, and the terms shall be staggered so that no term expires less than one year of the expiration of any other term.  No member shall serve more than two consecutive terms.  Of the terms for the initial appointees, one shall be appointed for a term of five years commencing on February 1, 2013, and expiring on January 31, 2018, one shall be appointed for a term of four years commencing on February 1, 2013, and expiring on January 31, 2017, and one shall be appointed for a term of three years commencing on February 1, 2013, and expiring on January 31, 2016.  All subsequent terms shall commence on February 1st of the year in which the term expires.  If a vacancy occurs for any unexpired term, the vacancy shall be filled in the same manner as a regular appointment through appointment by the County Executive subject to Council’s confirmation, and the new member’s term shall last through the end of the unexpired term for which he or she is appointed. 
  2. Jurisdiction:  The Cuyahoga County Debarment Review Board shall review and determine—including the powers to affirm, reverse, modify, or remand—any matters that are submitted for its consideration pursuant to the Cuyahoga County Code. Notwithstanding Section 505.03 of this Code, the Board shall have the discretion to modify the expiration date of any individual debarment period as the Board deems appropriate; provided however that no single debarment period shall exceed five years.  
  3. Alternates:  The County officials serving on the Cuyahoga County Debarment Review Board shall have alternates appointed as follows:
    1. The Debarment Review Board shall appoint one alternate who meets the qualifications set forth in Section 205.06(A)(1) of the Cuyahoga County Code to act in the place of the Chair on the Debarment Review Board and attend meetings, with full voting rights, if the Chair is unavailable or has a conflict of interest on a matter pending before the Board.
    2. The Council President shall appoint two Council members to serve as a pool of alternates to act in the place of the appointed Council member on the Debarment Review Board and attend meetings, with full voting rights, if the appointed Council member is unavailable or has a conflict of interest on a matter pending before the Board.
  4. Officers:  If the Chair is absent from any meeting, the Board shall choose one of its members to chair that meeting.  For purposes of this section, the Chair shall include his or her alternate.
  5. Compensation: All members of the Board shall serve without compensation.
  6. Clerk of the Debarment Review Board: The County Executive shall designate a staff person to serve as the Clerk of the Debarment Review Board.  The Clerk shall be responsible for publishing the agendas and meeting notices and shall record and publish the minutes.
  7. Agendas and Meeting Notices:  The Clerk of the Debarment Review Board shall publish the notice and agenda for each Board meeting on the County’s web site no later than 6:00 p.m. on the second business day before the Board meeting.   The Board may amend the agenda and may also consider items not on the agenda by a vote of a majority of the members present either personally or through their alternates.
  8. Regular Meetings:  The Debarment Review Board shall schedule regular meetings to take place at least once every two months at a determined time by the Board.  If no business is pending before the Board, the Clerk of the Board may cancel any regular meeting for lack of sufficient business pending before the Board by publishing the cancellation notice on the County’s web site.
  9. Special Meetings:  The Debarment Review Board may conduct special meetings at a time other than its regularly scheduled meeting times.  In the event of an emergency as determined by the  Chair, the Board may conduct a meeting with less notice than that required under Section 205.06(G) herein.  For any special or emergency meeting, in addition to the notice requirements of Section 205.06(G), the Clerk of the Board shall also send notice to all news media organizations that request to be notified of such meetings. 
  10. Public Meetings:  The meetings of the Debarment Review Board shall be open to the public.  The Board shall also provide an opportunity for public comment on matters before the Board toward the beginning of the meeting. The Board may require presenters to register with the Board before speaking and may set time limits on presentations, which may be extended at the discretion of the Chair. 
  11. Executive Sessions:  The Debarment Review Board may go into executive session to discuss and consider matters permitted to be discussed or considered in executive sessions under the Ohio Open Meetings Act.  A motion to go into executive session must state the topic(s) of the executive session and approved by a majority of the members present through a roll call vote.
  12. Minutes:  The Clerk of the Debarment Review Board shall prepare and publish the minutes of each Board meeting on the County’s web site within a week of their approval.
  13. Journal:  The Clerk of the Debarment Review Board shall maintain a Journal of the Board, containing the notices, agendas, and minutes of all Board meetings.  The journal may be maintained electronically through an electronic system.
  14. Quorum:  A quorum of the Debarment Review Board shall consist of three members attending personally or through their alternates.
  15. Vote Required for Board Actions:  Board action shall require the affirmative vote of any three members attending personally or through their alternates.  Amendments to items before the Board and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present.
  16. Rules of Procedure:  The Debarment Review Board may adopt its own Rules of Procedure. 

(Ordinance Nos. O2016-0010, Enacted 6/28/2016, Effective 7/1/2016; O2015-0016, Enacted 12/8/2015, Effective 12/10/2015; O2014-0031, Enacted 4/28/2015, Effective 4/29/2015; O2014-0010, Enacted 6/10/2014, Effective 6/16/2014; O2012-0026, Enacted 12/11/2012, Effective 12/13/2012)

Section 205.07 Cuyahoga County Solid Waste Management District Board

  1. The Board of the Cuyahoga County Solid Waste Management District shall be composed of the County Executive, a member of Council appointed by the President of Council, and the Director of Public Works.
  2. Each member of the Board of the Solid Waste Management District shall have an alternate who may attend board meetings and act in place of the board member as follows:
    1. The County Executive shall designate an alternate from the Office of the County Executive to act in his or her place on the Board of the Solid Waste Management District and attend board meetings, with full voting rights, if the Executive is unavailable;
    2. The Director of Public Works shall designate an alternate from the Department of Public Works to act in his or her place on the Board of the Solid Waste Management District and attend board meetings, with full voting rights, if the Director is unavailable; and
    3. The President of Council shall appoint two members of Council to serve as a pool of alternates to act in place of the Council board member on the Board of the Solid Waste Management District and attend board meetings, with full voting rights, if the member is unavailable.
  3. The Board of the Solid Waste Management District shall continue to govern the operations of the District, including, but not limited to, having the final approval authority over its contracts.  

(Ordinance No. O2012-0021, Enacted 8/14/2012, Effective 8/20/2012) 

Section 205.08 Reserved.

Section 205.09 Administrative Rules Board

  1. Establishment.
    1. Establishment:  There is hereby established the Cuyahoga County Administrative Rules Board.  It shall consist of the following five members:
      1. The Director of Law;
      2. The Director of Budget and Management;
      3. The Deputy Law Director in charge of Risk Management; and
      4. Two attorneys employed by the county appointed by the Director of Law for one-year terms.  The Director of Law shall ensure that the two attorneys selected for these appointments have diverse legal experiences, such as differing practice areas.
    2. Jurisdiction:  The Administrative Rules Board shall perform all functions assigned to it in the Cuyahoga County Code.  
  2. Alternates.  Alternates on the Administrative Rules Board shall be appointed as follows:  
    1. The Director of Law shall appoint a Deputy or other high-level attorney from the Department of Law to attend meetings of the Board as an alternate if he or she is unable to attend a meeting.
    2. The Director of Budget and Management shall appoint an alternate from within the Office of Budget and Management to attend meetings if he or she is unable to attend a meeting.
    3. The Director of Law shall appoint an attorney to attend meetings of the Board as an alternate if the Deputy Law Director in charge of Risk Management is unable to attend a meeting.
    4. The Director of Law shall appoint an alternate for each appointed-attorney member of the Board.  The appointment of alternates shall not disturb the legal-experience diversity on the Board.
  3. Alternates Have Full Rights.  Any properly appointed alternate shall have all the rights and responsibilities of a member of the Administrative Rules Board when attending a meeting on behalf of a member.
  4. Officers.  The Director of Law shall serve as Chairperson of the Administrative Rules Board.  If the Director of Law is absent from any meeting, the Board shall choose one of its members to chair that meeting.  For purposes of this section, the Director of Law shall include his or her alternates.
  5.  No Additional Compensation, Collective Action, and Conflicts of Interest.
    1. The members of the Administrative Rules Board shall not receive compensation for their service on the Board.  Members of the Board shall be entitled to reimbursement of reasonable and necessary expenses incurred by them in the exercise of their duties as approved by the Director of Law from the Law Department’s budget.
    2. The Administrative Rules Board is a board created by law, and its members act collectively in their official capacities.  It shall not be a conflict of interest for a Board member to advocate, deliberate, or vote on a matter affecting their respective department, board, agency, commission, office, or the authority.
  6.  Clerk of the Administrative Rules Board.  The County Executive shall designate a staff person to serve as the Clerk of Administrative Rules Board.  The Clerk shall be responsible for publishing the agendas and meeting notices and shall record and publish the minutes.
  7. Agendas and Meeting Notices.  The Clerk of the Administrative Rules Board shall publish the notice and agenda for each Board meeting on the County’s web site no later than 6:00 p.m. on the second business day before the Board meeting.   The Board may amend the agenda and may also consider items not on the agenda by a vote of a majority of the members present either personally or through their alternates.
  8. Regular Meetings.   The Administrative Rules Board shall schedule regular meetings to take place at least once a week for the first year of its operations and then at least once every two weeks thereafter.  If no business is pending before the Board, the Director of Law may instruct the Clerk of the Board to cancel any regular meeting for lack of sufficient business pending before the Board by publishing the cancellation notice on the County’s web site.
  9. Special Meetings.    The Administrative Rules Board may conduct special meetings at a time other than its regularly scheduled meeting times.  In the event of an emergency as determined by the Director of Law, the Board may conduct a meeting with less notice than that required under paragraph G herein.  For any special or emergency meeting, in addition to the notice requirements of paragraph G, the Clerk of the Board shall also send notice to all news media organizations that request to be notified of such meetings. 
  10. Public Meetings.  The meetings of the Administrative Rules Board shall be open to the public.  The Board shall also provide an opportunity for public comment on matters before the Board toward the beginning of the meeting. The Board may require presenters to register with the Board before speaking and may set time limits on presentations, which may be extended at the discretion of the Chairperson. 
  11. Executive Sessions.  The Administrative Rules Board may go into executive session to discuss and consider matters permitted to be discussed or considered in executive sessions under the Ohio Open Meetings Act.  A motion to go into executive session must state the topic(s) of the executive session and approved by a majority of the members present through a roll call vote.
  12. Minutes.  The Clerk of the Administrative Rules Board shall prepare and publish the minutes of each Board meeting on the County’s web site within a week of their approval.
  13. Journal.  The Clerk of the Administrative Rules Board shall maintain a Journal of the Board, containing the notices, agendas, and minutes of all Board meetings.  The journal may be maintained electronically.
  14. Quorum.  A quorum of the Administrative Rules Board shall consist of three members attending personally or through their alternates.
  15. Vote Required for Board Actions.  Board action shall require the affirmative vote of any three members attending personally or through their alternates.  Amendments to items before the Board and parliamentary motions may be adopted by a majority of those present, provided that a quorum is present.
  16. Rules of Procedure.  The Administrative Rules Board shall adopt its own Rules of Procedure, which shall include the deadlines for submission of requests to the Board and time deadlines for submission of written commentary on requests submitted for the Board’s approval.  The minimum deadline for public commentary must not be less than seven days.   

(Ordinance No. O2014-0032, Enacted 1/27/2015, Effective 1/29/2015)