3750-10-01. Establishment of state emergency response commission, executive committee and committees

(A) The commission will be created pursuant to section 3750.02 of the Revised Code.

The commission shall consist of members as required pursuant to division (A) of section 3750.02 of the Revised Code. The director of the environmental protection agency and the director of public safety or their designees shall serve as co-chairpersons of the commission.

(1) The initial appointments made by the governor to the commission shall provide five members with a term of two years and five members with a term of one year; thereafter terms of office of the appointed members of the commission shall each be for two years with each term ending on the same day of the same month as did the term that it succeeds. Each member shall hold office from the date of their appointment until the end of the term for which they were appointed. A member shall continue in office subsequent to the expiration date of their term until a successor takes office or until a period of sixty days has elapsed, whichever occurs first. Members of the commission may be reappointed.

(2) Vacancies shall be filled in the same manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the terms for which his predecessor was appointed shall hold office for the remainder of that term.

(3) The commission may at any time by a vote of two-thirds of all the members remove any appointed member of the commission for misfeasance, nonfeasance or malfeasance.

(4) Except for purposes of Chapters 102. and 2921. and sections 9.86 and 109.36 to 109.366 of the Revised Code, serving as appointed members of the commission does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.

(B) The commission shall establish an executive committee consisting of members as required in division (B)(9) of section 3750.02 of the Revised Code. The commission shall delegate to the executive committee the performance of such of the commission's duties and powers under Chapter 3750. of the Revised Code as are required or authorized to be so delegated under division (B)(9) of section 3750.02 of the Revised Code. The directors of the environmental protection agency and public safty or the directors' designees shall serve as the co-chairs of the executive committee.

(C) The commission shall establish, through resolution, such committees as the commission determines necessary or convenient from time to time to implement and administer Chapter 3750. of the Revised Code. The committees may include such standing and temporary committees as necessary. Any committee may be dissolved through the adoption of a resolution by the commission.

(1) The commission shall designate two co-chairpersons for each committee, one from a state agency, and one from the committee's membership who is also an appointee of the governor.

(2) Each committee may obtain input from noncommission personnel.

(3) The committees shall meet as necessary.

(4) A committee that has met since the last regular commission meeting shall report in writing to the commission during the next regular commission meeting. The written reports of each committee shall contain a summary of the committee's activities, rather than verbatim statements or transcript.

(5) A committee may propose resolutions for the entire commission to consider.

Effective: 12/25/2014
Five Year Review (FYR) Dates: 10/07/2014 and 08/21/2019
Promulgated Under: 119.03
Statutory Authority: 3750.02
Rule Amplifies: 3750.02 , 3750.02(B)(9)
Prior Effective Dates: 7/30/90, 9/1/98