3313.33. Subject to contingency.
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§ 3313.33. Conveyances and contracts.
(A) Conveyances made by a board of education shall be executed by the president and treasurer thereof.
(B) Except as provided in division (C) of this section, no member of the board shall have, directly or indirectly, any pecuniary interest in any contract of the board or be employed in any manner for compensation by the board of which the person is a member. No contract shall be binding upon any board unless it is made or authorized at a regular or special meeting of such board.
(C) A member of the board may have a pecuniary interest in a contract of the board if all of the following apply:
(1) The member's pecuniary interest in that contract is that the member is employed by a political subdivision, instrumentality, or agency of the state that is contracting with the board;
(2) The member does not participate in any discussion or debate regarding the contract or vote on the contract;
(3) The member files with the school district treasurer an affidavit stating the member's exact employment status with the political subdivision, instrumentality, or agency contracting with the board.
(D) This section does not apply where a member of the board, being a shareholder of a corporation but not being an officer or director thereof, owns not in excess of five per cent of the stock of such corporation. If a stockholder desires to avail self of the exception, before entering upon such contract such person shall first file with the treasurer an affidavit stating the stockholder's exact status and connection with said corporation.
This section does not apply where a member of the board elects to be covered by a medical plan under
section 3313.202 [3313.20.2] of the Revised Code.
HISTORY: GC § 4834-6; 120 v 475 (520); Bureau of Code Revision, 10-1-53; 138 v H 1 (Eff 5-16-79); 141 v H 369. Eff 10-17-85; 150 v S 2, § 1, eff. 6-9-04; 151 v H 66, § 101.01, eff. 9-29-05/D.
Å The provisions of § 611.03 of 151 v H 66 read as follows:
SECTION 611.03. DELAYED IMPLEMENTATION OF CENTRALIZED PUBLIC SCHOOL EMPLOYEES' HEALTH CARE BENEFITS SYSTEM.
Notwithstanding the amendments made to sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 of the Revised Code by this act and the enactment of section 9.901 of the Revised Code by this act, the following amendments to a section or enactment of provisions shall not take effect unless and until the General Assembly, by subsequent enactment of law, confirms those amendments and provisions, orders their implementation, and makes such other specifications pertaining to that implementation as is then necessary:
(A) All amendments to sections 9.833, 9.90, 3311.19, 3313.12, 3313.202, 3313.33, 4117.03, and 4117.08 of the Revised Code.
Effect of Amendments
151 v H 66, contingent on subsequent legislation, in the final paragraph, substituted "medical plan under" for "benefit plan of the school district under division (D) of".
S.B. 2, Acts 2004, effective June 9, 2004, redesignated the former provisions as (A), (B), and (D); added the exception to the beginning of present (B); inserted (C); and made gender neutral changes.