2006 Ohio Revised Code - 4112.12. Commission on African-American males.

§ 4112.12. Commission on African-American males.
 

(A)  There is hereby created the commission on African-American males, which shall consist of not more than forty-one members as follows: the directors or their designees of the departments of health, development, alcohol and drug addiction services, job and family services, rehabilitation and correction, mental health, and youth services; the adjutant general or the adjutant general's designee; the equal employment opportunity officer of the department of administrative services or the equal employment opportunity officer's designee; the executive director or the executive director's designee of the Ohio civil rights commission; the executive director or the executive director's designee of the division of criminal justice services in the department of public safety; the superintendent of public instruction; the chancellor or the chancellor's designee of the Ohio board of regents; two members of the house of representatives appointed by the speaker of the house of representatives; three members of the senate appointed by the president of the senate; and not more than twenty-three members appointed by the governor. The members appointed by the governor shall include an additional member of the governor's cabinet and at least one representative of each of the following: the national association for the advancement of colored people; the urban league; an organization representing black elected officials; an organization representing black attorneys; the black religious community; the black business community; the nonminority business community; and organized labor; at least one black medical doctor, one black elected member of a school board, and one black educator; and at least two representatives of local private industry councils. The remaining members that may be appointed by the governor shall be selected from elected officials, civic and community leaders, and representatives of the employment, criminal justice, education, and health communities. 

(B)  Terms of office shall be for three 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 appointment until the end of the term for which the member was appointed. Members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member's predecessor was appointed shall hold office as a member for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first. 
 

The commission annually shall elect a chairperson from among its members. 

(C)  Members of the commission and members of subcommittees appointed under division (B) of section 4112.13 of the Revised Code shall not be compensated, but shall be reimbursed for their necessary and actual expenses incurred in the performance of their official duties. 

(D) (1)  The Ohio civil rights commission shall serve as the commission on African-American males' fiscal agent and shall perform all of the following services: 

(a) Prepare and process payroll and other personnel documents that the commission on African-American males approves; 

(b) Maintain ledgers of accounts and reports of account balances, and monitor budgets and allotment plans in consultation with the commission on African-American males; 

(c) Perform other routine support services that the executive director of the Ohio civil rights commission or the executive director's designee and the Commission on African-American males or its designee consider appropriate to achieve efficiency. 

(2) The Ohio civil rights commission shall not approve any payroll or other personnel-related documents or any biennial budget, grant, expenditure, audit, or fiscal-related document without the advice and consent of the commission on African-American males. 

(3) The Ohio civil rights commission shall determine fees to be charged to the commission on African-American males for services performed under this division, which shall be in proportion to the services performed for the commission on African-American males. 

(4) The commission on African-American males or its designee has: 

(a) Sole authority to draw funds for any federal program in which the commission is authorized to participate; 

(b) Sole authority to expend funds from accounts for programs and any other necessary expenses the commission on African-American males may incur; 

(c) The duty to cooperate with the Ohio civil rights commission to ensure that the Ohio civil rights commission is fully apprised of all financial transactions. 

(E)  The commission on African-American males shall appoint an executive director, who shall be in the unclassified civil service. The executive director shall supervise the commission's activities and report to the commission on the progress of those activities. The executive director shall do all things necessary for the efficient and effective implementation of the duties of the commission. 
 

The responsibilities assigned to the executive director do not relieve the members of the commission from final responsibility for the proper performance of the requirements of this division. 

(F)  The commission on African-American males shall: 

(1) Employ, promote, supervise, and remove all employees, as needed, in connection with the performance of its duties under this section; 

(2) Maintain its office in Columbus; 

(3) Acquire facilities, equipment, and supplies necessary to house the commission, its employees, and files and records under its control, and to discharge any duty imposed upon it by law. The expense of these acquisitions shall be audited and paid for in the same manner as other state expenses. 

(4) Prepare and submit to the office of budget and management a budget for each biennium in accordance with sections 101.55 and 107.03 of the Revised Code. The budget submitted shall cover the costs of the commission and its staff in the discharge of any duty imposed upon the commission by law. The commission shall pay its own payroll and other operating expenses from appropriation items designated by the general assembly. The commission shall not delegate any authority to obligate funds. 

(5) Establish the overall policy and management of the commission in accordance with this chapter; 

(6) Follow all state procurement requirements; 

(7) Pay fees owed to the Ohio civil rights commission under division (D) of this section from the commission on African-American males' general revenue fund or from any other fund from which the operating expenses of the commission on African-American males are paid. Any amounts set aside for a fiscal year for the payment of such fees shall be used only for the services performed for the commission on African-American males by the Ohio civil rights commission in that fiscal year. 

(G)  The commission on African-American males may: 

(1) Hold sessions at any place within the state; 

(2) Establish, change, or abolish positions, and assign and reassign duties and responsibilities of any employee of the commission on African-American males as necessary to achieve the most efficient performance of its functions. 
 

HISTORY: 144 v H 298 (Eff 7-26-91); 145 v H 152 (Eff 7-1-93); 148 v H 283 (Eff 6-30-99); 148 v H 470. Eff 7-1-2000; 151 v H 66, § 101.01, eff. 6-30-05.
 

The effective date is set by § 612.12 of 151 v H 66. 

The effective date is set by section 10 of HB 470. 

The provisions of § 4 of H.B. 516 (150 v  - ) read in part as follows: 

SECTION 4. The following agencies shall be retained pursuant to division (D) of section 101.83 of the Revised Code and shall expire on December 31, 2010: 
  
                                                   REVISED CODE OR
                                                     UNCODIFIED
             AGENCY NAME                               SECTION
                                                                             
Commission on African-American Males                  4112.12
                                                                             


 

Effect of Amendments

151 v H 66, effective June 30, 2005, in (A), inserted "executive" twice in the subclause regarding the division of criminal justice services and "in the department of public safety, and substituted "division" for "office". 

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