5123.032 Closure of a developmental center.
5123.032 Closure of a developmental center.
(A) As used in this section, “developmental center” means any institution or facility of the department of developmental disabilities that, on or after January 30, 2004, is named, designated, or referred to as a developmental center.
(B) Notwithstanding any other provision of law, on and after January 30, 2004, any closure of a developmental center shall be subject to, and in accordance with, this section. Notwithstanding any other provision of law, if the governor announced on or after January 1, 2003, and prior to January 30, 2004, the intended closure of a developmental center and if the closure identified in the announcement has not occurred prior to January 30, 2004, the closure identified in the announcement shall be subject to the criteria set forth in this section as if the announcement had been made on or after January 30, 2004, except for the time at which the notice to the general assembly must be provided as identified in division (C) of this section.
(C) Notwithstanding any other provision of law, on and after January 30, 2004, at least ten days prior to making any official, public announcement that the governor intends to close one or more developmental centers, the governor shall notify the general assembly in writing that the governor intends to close one or more developmental centers. Notwithstanding any other provision of law, if the governor announced on or after January 1, 2003, and prior to January 30, 2004, the intended closure of a developmental center and if the closure identified in the announcement has not occurred prior to January 30, 2004, not later than ten days after January 30, 2004, the governor shall notify the general assembly in writing of the prior announcement and that the governor intends to close the center identified in the prior announcement, and the notification to the general assembly shall constitute, for purposes of this section, the governor’s official, public announcement that the governor intends to close that center.
The notice required by this division shall identify by name each developmental center that the governor intends to close or, if the governor has not determined any specific developmental center to close, shall state the governor’s general intent to close one or more developmental centers. When the governor notifies the general assembly as required by this division, the legislative service commission promptly shall conduct an independent study of the developmental centers of the department of developmental disabilities and of the department’s operation of the centers, and the study shall address relevant criteria and factors, including, but not limited to, all of the following:
(1) The manner in which the closure of developmental centers in general would affect the safety, health, well-being, and lifestyle of the centers’ residents and their family members and would affect public safety and, if the governor’s notice identifies by name one or more developmental centers that the governor intends to close, the manner in which the closure of each center so identified would affect the safety, health, well-being, and lifestyle of the center’s residents and their family members and would affect public safety;
(2) The availability of alternate facilities;
(3) The cost effectiveness of the facilities identified for closure;
(4) A comparison of the cost of residing at a facility identified for closure and the cost of new living arrangements;
(5) The geographic factors associated with each facility and its proximity to other similar facilities;
(6) The impact of collective bargaining on facility operations;
(7) The utilization and maximization of resources;
(8) Continuity of the staff and ability to serve the facility population;
(9) Continuing costs following closure of a facility;
(10) The impact of the closure on the local economy;
(11) Alternatives and opportunities for consolidation with other facilities;
(12) How the closing of a facility identified for closure relates to the department’s plans for the future of developmental centers in this state;
(13) The effect of the closure of developmental centers in general upon the state’s fiscal resources and fiscal status and, if the governor’s notice identifies by name one or more developmental centers that the governor intends to close, the effect of the closure of each center so identified upon the state’s fiscal resources and fiscal status.
(D) The legislative service commission shall complete the study required by division (C) of this section, and prepare a report that contains its findings, not later than sixty days after the governor makes the official, public announcement that the governor intends to close one or more developmental centers as described in division (C) of this section. The commission shall provide a copy of the report to each member of the general assembly who requests a copy of the report.
Not later than the date on which the legislative service commission is required to complete the report under this division, the developmental disabilities developmental center closure commission is hereby created as described in division (E) of this section. The officials with the duties to appoint members of the closure commission, as described in division (E) of this section, shall appoint the specified members of the closure commission, and, as soon as possible after the appointments, the closure commission shall meet for the purposes described in that division. Upon completion of the report and the creation of the closure commission under this division, the legislative service commission promptly shall provide a copy of the report to the closure commission and shall present the report as described in division (E) of this section.
(E)(1) A developmental disabilities developmental center closure commission shall be created at the time and in the manner specified in division (D) of this section. The closure commission consists of six members. One member shall be the director of developmental disabilities. One member shall be the director of health. One member shall be a private executive with expertise in facility utilization, in economics, or in both facility utilization and economics, jointly appointed by the speaker of the house of representatives and the president of the senate. The member appointed for expertise in facility utilization, economics, or both may not be a member of the general assembly and may not have a developmental center identified for closure by the governor in the county in which the member resides. One member shall be a member of the board of the Ohio civil service employees’ association, jointly appointed by the speaker of the house of representatives and the president of the senate. One member shall be either a family member of a resident of a developmental center or a representative of a mental retardation and developmental disabilities advocacy group, jointly appointed by the speaker of the house of representatives and the president of the senate. The member appointed who is a family member of a developmental center resident or a representative of an advocacy group may not be a member of the general assembly. One member shall be a member of the law enforcement community, appointed by the governor. The officials with the duties to appoint members of the closure commission shall make the appointments, and the closure commission shall meet, within the time periods specified in division (D) of this section. The members of the closure commission shall serve without compensation. At the closure commission’s first meeting, the members shall organize and appoint a chairperson and vice-chairperson.
The closure commission shall meet as often as is necessary for the purpose of making the recommendations to the governor that are described in this division. The closure commission’s meetings shall be open to the public, and the closure commission shall accept public testimony. The legislative service commission shall appear before the closure commission and present the report the legislative service commission prepared under division (D) of this section. The closure commission shall meet for the purpose of making recommendations to the governor, which recommendations may include all of the following:
(a) Whether any developmental center should be closed;
(b) If the recommendation described in division (E)(1)(a) of this section is that one or more developmental centers should be closed, which center or centers should be closed;
(c) If the governor’s notice described in division (C) of this section identifies by name one or more developmental centers that the governor intends to close, whether the center or centers so identified should be closed.
(2) The developmental disabilities developmental center closure commission, not later than sixty days after it receives the report of the legislative service commission under division (D) of this section, shall prepare a report containing its recommendations to the governor. The closure commission shall send a copy of the report to the governor and to each member of the general assembly who requests a copy of the report. Upon receipt of the closure commission’s report, the governor shall review and consider the commission’s recommendation. The governor shall do one of the following:
(a) Follow the recommendation of the commission;
(b) Close no developmental center;
(c) Take other action that the governor determines is necessary for the purpose of expenditure reductions or budget cuts and state the reasons for the action.
The governor’s decision is final. Upon the governor’s making of the decision, the closure commission shall cease to exist. Another closure commission shall be created under this section each time the governor subsequently makes an official, public announcement that the governor intends to close one or more developmental centers.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
Effective Date: 01-30-2004