Ohio § 6121.02

§ 6121.02.

There is hereby created the Ohio water development authority.  Such authority is a body both corporate and politic in this state, and the carrying

out of its purposes and the exercise by it of the powers conferred by this chapter

shall be held to be, and are hereby determined to be, essential governmental functions

and public purposes of the state, but the authority is not immune from liability by

reason thereof.  The authority is subject to all provisions of law generally applicable to state

agencies that do not conflict with this chapter. The authority shall consist of eight members as follows:  five members appointed by

the governor, with the advice and consent of the senate, no more than three of whom

shall be members of the same political party, and the directors of natural resources,

environmental protection, and development, who shall be members ex officio without

compensation.  The director of development may designate a person in the unclassified civil service

to serve in the director's place as a member of the authority notwithstanding section 121.05 of the Revised Code .  The appointive members shall be residents of the state, and shall have been qualified

electors therein for a period of at least five years next preceding their appointment.  Appointed members' terms of office shall be for eight years, commencing on the second

day of July and ending on the first day of July.  Each member shall hold office from the date of appointment until the end of the

term for which the member was appointed.  Any member appointed to fill a vacancy occurring prior to the expiration of the

term for which the member's predecessor was appointed shall hold office for the remainder

of such term.  Any appointed 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.  A member of the authority is eligible for reappointment.  Each appointed member of the authority, before entering upon the performance of

the duties of the office, shall take an oath as provided by Section 7 of Article XV, Ohio Constitution .  The governor may at any time remove any member of the authority for misfeasance,

nonfeasance, or malfeasance in office. The authority shall elect one of its appointed members as chairperson and another

as vice-chairperson, and shall appoint a secretary-treasurer who need not be a member

of the authority.  Four members of the authority shall constitute a quorum, and the affirmative vote

of four members shall be necessary for any action taken by vote of the authority.  No vacancy in the membership of the authority shall impair the rights of a quorum

by such vote to exercise all the rights and perform all the duties of the authority. Before the issuance of any water development revenue bonds under this chapter, each

appointed member of the authority shall give a surety bond to the state in the penal

sum of twenty-five thousand dollars and the secretary-treasurer shall give such a

bond in the penal sum of fifty thousand dollars, each such surety bond to be conditioned

upon the faithful performance of the duties of the office, to be executed by a surety

company authorized to transact business in this state, and to be approved by the governor

and filed in the office of the secretary of state.  Each appointed member of the authority shall receive an annual salary of seven thousand

five hundred dollars, payable in monthly installments, and is entitled to health care

benefits comparable to those generally available to state officers and employees under section 124.82 of the Revised Code .  If Section 20 of Article II, Ohio Constitution , prohibits the Ohio water development authority from paying all or a part of the

cost of health care benefits on behalf of a member of the authority for the remainder

of an existing term, the member may receive these benefits by paying their total cost

from the member's own financial resources, including paying by means of deductions

from the member's salary.  Each member shall be reimbursed for actual expenses necessarily incurred in the

performance of official duties.  All expenses incurred in carrying out this chapter shall be payable solely from

funds provided under this chapter, or appropriated for such purpose by the general

assembly and no liability or obligation shall be incurred by the authority beyond

the extent to which moneys have been provided under this chapter or such appropriations.