2006 Ohio Revised Code - 4121.04. Nominating council; challenge of appointee.

§ 4121.04. Nominating council; challenge of appointee.
 

(A)  There is hereby created the industrial commission nominating council consisting of four employer representatives and four labor representatives and two members of the public. The nominating council shall make recommendations to the governor for the appointment of members to the industrial commission as provided in section 4121.02 of the Revised Code. 

(B)  The governor shall make initial appointments to the nominating council within fourteen days after October 20, 1993, by appointing two persons, each of a different political party, as public representatives and the four employer and four employee representatives. In making the appointments, the governor shall select the members representing employees from a list of eight names submitted by the Ohio federation of labor and the members representing employers from a list of eight names submitted jointly by the major statewide Ohio industry organizations representing self-insuring employers, manufacturers, retail merchants, and chambers of commerce, provided that such organizations have been in existence since prior to November 3, 1974, and further provided that from the list submitted from the organizations representing industry, the governor shall appoint at least one member from each of the organizations which represent self-insuring employers, manufacturers, retail merchants, and chambers of commerce. Of the list submitted by organizations representing industry, two individuals from each of the organizations which represent self-insuring employers, manufacturers, retail merchants, and chambers of commerce shall be included in the list. One employer and employee representative shall serve an initial term of office ending October 20, 1994, one employer and one employee representative shall serve an initial term of office ending October 20, 1995, one employer and one employee representative shall serve an initial term of office ending October 20, 1996, and one employer and one employee representative shall serve an initial term of office ending four years after the effective date of this section. Thereafter, terms of office of employer and employee representatives are for four years, each term ending on the same day as the date of their original appointment. The Ohio federation of labor for a vacancy of an employee representative on the council, and the Ohio industry organizations, for a vacancy of an employer representative on the council, shall submit to the governor a list containing two names for appointment and the governor shall appoint an individual from the list to fill the vacancy provided that the list submitted to fill an industry representative vacancy shall contain the names of individuals who represent the organizations for which a vacancy has occurred. One public member shall represent the interests of small business and shall serve an initial term of office ending October 20, 1994, and the remaining public member shall serve a term of office ending October 20, 1995. Thereafter, public members shall serve for a term of two years, each term ending on the same day as the date of their original appointment. The governor shall fill a vacancy occurring on the nominating council for a public member in the same manner as for the original appointment but only for the unexpired part of the term. As used in this division, "small business"means any manufacturing establishment employing five hundred or fewer employees or any retail, or other service establishment employing one hundred or fewer employees. In the event that an appointment to the council does not conform to this division, such organizations may challenge the appointment pursuant to division (E) of this section, provided that the industry organizations only may challenge the appointment of an industry representative, and further provided that the labor organization only may challenge the appointment of a labor representative. 

(C)  At the time of the initial appointment of the members to the nominating council, the governor shall immediately call a meeting of the nominating council in order to make the initial recommendations to the governor for the appointment of industrial commission members under section 4121.02 of the Revised Code. At that meeting, the members shall elect a chairperson and such other officers as it determines necessary. Thereafter, the nominating council annually shall meet and elect such officers as it determines appropriate and shall meet at such other times as it determines appropriate in order to make recommendations to the governor for the appointment of industrial commission members pursuant to section 4121.02 of the Revised Code. 

(D)  Members of the nominating council shall be paid fifty dollars per day and their actual and necessary expenses while engaged in the performance of their duties as members of the nominating council, which the industrial commission shall pay from funds which the industrial commission uses to pay its operating expenses. 

(E)  An association generally recognized as representing the interests of labor or industry may file, within fifteen days after the governor's appointment of a member, a challenge in the common pleas court of Franklin county asserting that a representative named to represent its interests is not representative of the interests the appointee has been appointed to represent. An appointee whose appointment has been challenged shall not receive any pay nor serve on the nominating council until the court, acting without a jury and following the expedited timetable provided for hearing on restraining orders in Civil Rule 65, makes a determination that the appointee is a true and qualified representative of the group for which the appointee is selected and possesses all of the qualifications. 
 

A challenged appointee may request the attorney general to represent the appointee in an action brought under this division and the attorney general shall provide the appointee with competent representation without charge. 
 

HISTORY: 145 v H 107 (Eff 10-20-93); 146 v H 7 (Eff 9-1-95); 146 v H 670. Eff 12-2-96.
 

Not analogous to former RC § 4121.04 (GC § 871-3; 103 v 95(96), § 3; Bureau of Code Revision, 10-1-53), repealed 143 v H 222, § 2, eff 11-3-89.

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
                                                                             
Industrial Commission Nominating
Council                                                4121.04
                                                                             


 

Ohio Rules

Injunctions, CivR 65.