Chapter 206: Commissions


Section 206.01 County Records Commission

A. Creation of County Records Commission
There is hereby created, the County Records Commission, which shall succeed and replace the current County Records Commission. The County Records Commission shall consist of the County Executive, who shall serve as chairperson, the President of County Council, the Prosecuting Attorney, the Fiscal Officer, and the Clerk of Courts of Common Pleas.

B. Appointment of Designees
Each member of the County Records Commission shall appoint one designee, an employee of his/her office who is knowledgeable about the maintenance of public records, who shall attend meetings of the County Records Commission whenever the member is unable to do so. The County Executive may appoint his or her designee from any County office or department.

C. Powers and Duties of County Records Commission
The County Records Commission shall have all the powers and perform all the duties of County Records Commissions provided for in Section 149.38 of the Ohio Revised Code, including, but not limited to, the power to recommend applications for one-time disposal of records or proposed records retention schedules to the Ohio Historical Society.

D. Rules and Procedures of the County Records Commission
The County Records Commission shall adopt its own rules and procedures, which shall be consistent with Section 149.38 of the Ohio Revised Code. Until such time as the County Records Commission adopts such rules, it shall operate under the rules of the prior County Records Commission that existed prior to the enactment of this Section of the Cuyahoga County Code.

E. Meetings of the County Records Commission
The County Records Commission shall meet at the call of the chair as often as needed to respond to proposed records retention schedules and proposed one-time disposals of records, but shall meet a minimum of once every six (6) months.

F. County Records Commission Action on Records Proposals
Within sixty (60) days after receiving a request for one-time disposal of records or a proposed records retention schedule from any office, the County Records Commission shall either approve the request and send it to the Ohio Historical Society for its consideration or return the request disapproved to the office that submitted it with a letter stating the reasons for disapproval.

(Ordinance No. O2013-0002, Enacted 5/28/2013, Effective 5/31/2013)

Section 206.02 Reserved

Section 206.03 Cuyahoga County Women’s Health Commission

A. Composition: The Women’s Health Commission shall be composed of thirteen (13) members, including: the County Executive or the Executive’s designee; the County Council President or the President’s designee; the Director of Health and Human Services or the Director’s designee; The President of the Metro Health System or the President’s designee; and nine (9) members appointed by the County Executive and confirmed by County Council (the “Community Appointees”). The Community Appointees shall include representatives of community organizations and health providers, members of the legal community active in the defense of full reproductive rights and, where possible, individuals who have lived experience. Community Appointees shall be electors of Cuyahoga County.

1. Three (3) of the Community Appointees shall have an initial term of one (1) year; three (3) of the Community Appointees shall have an initial term of two (2) years; and three (3) of the Community Appointees shall have an initial term of three (3) years. Thereafter, all terms shall be for three (3) years.

2. Nothing in this section shall prohibit any initial appointee from being reappointed to the Women’s Health Commission for additional three-year terms. If a vacancy occurs, the original appointing authority shall appoint a replacement in the same manner as the regular appointment for the unexpired term.

3. Members shall serve without compensation, except for out-of-pocket expenses, approved by the members of the Women’s Health Commission.

B. Leadership and Staffing: The Women’s Health Commission shall select a member to serve as Chair and shall develop and adopt its own rules of procedure, consistent with this section, the County Code, and the County Charter; provided that the member initially selected to serve as Chair shall serve in that capacity for a period of two (2) years. The Executive shall provide staff support as needed.

 

C. Duties: The duties of the Women’s Health Commission shall include:

1. Acting as a resource for information, advice and recommendations regarding goals, strategies and programs of the County to support women’s health.

2. Creating recommendations for allocating grant funding related to women’s health issues.

3. Providing advice and recommendations regarding funding of programs designed to support better access to women’s healthcare.

4. Meeting publicly on a quarterly basis to provide a forum for the public to offer ideas and recommendations regarding women’s health.

5. Serving as a resource for crisis responses around the status of reproductive rights in the state of Ohio.



 (Ordinance No. O2024-0002, Enacted 3/12/2024, Effective 3/14/2024).


 Section 206.04 Reserved.

Section 206.05 Personnel Review Commission

A. Within 90 days of the passage of Ordinance No. O2011-0017, the County Council shall adopt an operating budget for the Personnel Review Commission. The County Executive and the Personnel Review Commission are hereby requested to present a proposed schedule of estimated revenues and proposed expenditures for this purpose.

B. Pursuant to Charter Section 9.01, Council hereby establishes a per diem rate of compensation for the members of the Personnel Review Commission in the amount of $200.00 and a per diem at the rate of $225.00 for the Personnel Review Commission Chairperson, a position which shall be rotated among the members every two years. The Executive Personnel Review Commission shall elect one of its members as the Chairperson and elect one of its members as Vice-Chairperson of the Personnel Review Commission at its first meeting in January on a biennial basis beginning in 2015.

(Clerk's Note: Article IX of The Cuyahoga County Charter was amended by the electors on November 5, 2013 to change the name of the Human Resource Commission to the Personnel Review Commission)

(Ordinance Nos. O2014-0009, Enacted 4/8/2014, Effective 4/14/2014; O2011-0017, Enacted 3/8/2011, Effective 3/15/2011)

Section 206.06 Charter Review Commission

Pursuant to Article 12, Section 12.09, of the Cuyahoga County Charter, the rules and procedures for the operation of Charter Review Commissions in Cuyahoga County are established as follows:

ARTICLE 1: STAFF SUPPORT

Rule 1A: Designation of Clerk
No later than September 1st of each year in which a Charter Review Commission is appointed, the County Executive shall designate a County employee to serve as Clerk to the Charter Review Commission.

Rule 1B: Duties of the Clerk
The duties of the Clerk of the Charter Review Commission shall be as follows:

1. Attend all meetings of the Charter Review Commission and its committees, determine quorums, keep minutes of all meetings and record the votes of each member;

2. Assist the Chairperson in the preparation of the Agenda for Commission Meetings;

3. Provide required notices of meetings;

4. Ensure that a page is created and maintained on the County's website for the Charter Review Commission, which shall include the notice and agenda of each meeting of the Commission or any of its committees, the minutes of all meetings of the Commission and its committees, a copy of all proposed Charter amendments, draft reports and final reports of the Commission and its committees; a copy of these rules, and any other items that the Chairperson, the Clerk, or the Commission deem appropriate;

5. Serve as the Public Records Manager for the Commission until the Commission completes its work;

6. Transmit the final report of the Charter Review Commission to the County Council;

7. Perform any other duties that are prescribed in these rules or that the Chairperson or the Commission determines are necessary for the performance of the Commission's duties.

Rule 1C: Additional Staff Services
The County Executive shall provide the Charter Review Commission sufficient additional staff services needed to effectively perform its duties, including, but not limited to working space, office supplies, and information technology support. In the absence of the Clerk, the County Executive shall designate a Clerk Pro-Tem to perform the duties of the Clerk.


ARTICLE 2: ORGANIZATION; OFFICERS

Rule 2A: Vacancy
If a resignation or vacancy occurs within the Commission, a new appointment shall be made and confirmed as soon as is practical, using the appointment process provided for in Article 12, Section 9, of the Cuyahoga County Charter.

Rule 2B: Officers of the Commission; Terms
The officers of the Charter Review Commission shall consist of the Chairperson and Vice Chairperson, who shall serve terms equal to the duration of the current Charter Review Commission.

Rule 2C: Organizational Meeting
No later than September15th of each year in which a Charter Review Commission is appointed, the Clerk shall call an Organizational Meeting of the Charter Review Commission, at which time the Commission shall elect one of its members as Chairperson and one other member as Vice Chairperson. The Commission may, by parliamentary motion, add additional items to the agenda for the Organizational Meeting.

Rule 2D: Clerk's Role at Organizational Meeting
The Clerk shall preside over the Organizational Meeting until the Chairperson is chosen, after which the Chairperson shall preside over the remainder of the Organizational Meeting.

Rule 2E: Election of Officers
The Chairperson and Vice Chairperson shall be elected at the Organizational Meeting. The election for Chairperson shall take place first, followed by the election for Vice Chairperson. A minimum of five (5) votes shall be required for election to either position.

Rule 2F: Duties of the Chairperson of the Charter Review Commission
The Chairperson shall preside at all meetings of the Commission, appoint the officers and members of all committees, set the agenda for meetings of the Commission, implement the public participation process, and perform all other duties, consistent with the Cuyahoga County Charter and these rules, that are necessary to lead the Commission in completing its duties.

Rule 2G: Duties of the Vice Chairperson of the Charter Review Commission
The Vice Chairperson shall preside in the absence or disability of the Chairperson at all meetings of the Charter Review Commission, shall perform all the duties of the Chairperson during such absence or disability, and shall perform all other duties, consistent with the Cuyahoga County Charter and these rules, that are necessary to assist the Chairperson in the performance of his/her duties. The Vice Chairperson shall make best efforts to attend all meetings of the Commission in order to be available to perform his/her duties.

Rule 2H: Officer Vacancy
If a vacancy occurs in the office of Chairperson, the Vice Chairperson shall become Chairperson. If a vacancy occurs in the office of Vice Chairperson, either by succession to Chairperson or for any other reason, the Chairperson shall conduct an election for Vice Chairperson at the next meeting of the Commission, using the procedure set forth in Rule 2E.

Rule 2I: Absence or Disability of Chairperson and Vice Chairperson
In the absence or disability of both the Chairperson and the Vice Chairperson, the Clerk shall conduct an election for Chairperson Pro-Tem, using the procedure set forth in Rule 3D, except that a majority of those voting shall be sufficient for election.

Rule 2J: Commission Officers Entitled to Vote
The Chairperson and the Vice Chairperson shall be entitled to vote on all matters.


ARTICLE 3: QUORUM

Rule 3A: Quorum Defined
A quorum of the Charter Review Commission shall consist of five (5) members, and a quorum of a committee shall consist of a majority of its members.

Rule 3B: Clerk to Determine Quorum
The Clerk shall determine the presence of a quorum by roll call at the beginning of each meeting of the Commission or a committee, shall announce when a quorum is present, and shall keep a record of members present.

Rule 3C: Absence of Quorum
Whenever a quorum is not present, the Commission or a committee may not conduct any business until a quorum is restored, except to adjourn, to adjourn to a future date and time, or take any other action permitted in the absence of a quorum, as provided in Robert's Rules of Order, Newly Revised.


ARTICLE 4: MEETINGS

Rule 4A: Commission to Meet at Least Monthly
The Commission shall meet at least once every calendar month until its final report is presented to County Council.

Rule 4B: Regular Meetings
Prior to the conclusion of the Organizational Meeting, the Chairperson, with the assistance of the Commission, shall determine and announce the date, place, and time of Regular Meetings of the Commission to be held in September or October, providing at least three (3) days’ notice before the first meeting. Starting in October, the Chairperson, with the assistance of the Commission, shall, during any meeting before the end of that month, determine and announce the date, place, and time of Regular Meetings of the Commission to be held during the following month, providing at least three (3) days’ notice before the first meeting. As soon as is practical after each announcement is made, the Clerk shall post the same information regarding the meeting on the Commission's webpage and disseminate it to the local news media, and the Clerk of County Council shall post it on the County Council's webpage. The agenda for each meeting shall be included in the original posting, if available, but may be posted and disseminated later, provided that at least twenty-four (24) hours’ notice is given.

Rule 4C: Change in Time or Place of Regular Meeting
If compelling circumstances require such action, the Chairperson may change the date, time, and/or place of any Regular Meeting, provided that at least three (3) days’ notice is given, using the same notification processes provided for in Rule 4B.

Rule 4D: Special Meeting
The Chairperson or any four (4) members of the Commission may call a Special Meeting of the Commission, provided that the date, place, time, and agenda of the meeting are posted and disseminated as provided for in Rule 4B with at least three (3) days’ notice. Only items on the agenda may be discussed at a Special Meeting.

Rule 4E: Notice Required for Meeting to be Continued at a Later Time
The Commission may adjourn any meeting of the Commission to a designated day, time, and place. Notice of the day, time, and place at which the meeting is to be continued shall be given to all members and posted and disseminated as provided for in Rule 4B with at least three (3) days’ notice, unless the meeting is to be continued at a time sooner than three (3) days, in which case notice shall be given as soon as is practical after the announcement.

Rule 4F: Agenda for Commission Meetings
The Chairperson, with the assistance of the Clerk, shall set the agenda for all meetings of the Commission.

Rule 4G: Digital Record
All meetings of the Commission and its committees shall be audiotaped and/or videotaped, and these recordings shall be preserved by the Clerk as public records.


ARTICLE 5: ORDER OF BUSINESS

Rule 5A: Order of Business
The Commission may use the following as the regular order of business for Commission meetings or may adopt its own:

1. Call to Order

2. Roll Call

3. Public Comment

4. Approval of Minutes

5. Introduction of Proposed Charter Amendments

6. Committee Reports

7. Old Business

8. New Business

9. Announcements & Miscellaneous Business

10. Adjourn


ARTICLE 6: COMMISSION WORK PRODUCT

Rule 6A: Final Report; Deadline for Submission
The final report of the Commission shall include all proposed amendments to the Cuyahoga County Charter, a discussion of the rationale for the proposed amendments, and a summary of the Commission's activities, and may include procedural recommendations relating to matters such as the timing of submission of proposed amendments. The final report shall be submitted to County Council as a single document no later than the first day of July following appointment of the Commission.

Rule 6B: Form of Submission of Proposed Charter Amendments
Proposed amendments to the County Charter shall relate only to one subject, but may affect more than one section of the Charter. All proposed amendments shall be submitted in the following form:

1. General subject of the amendment

2. Section(s) of the County Charter affected

3. Current language of sections affected

4. Intended effect and rationale of amendment

5. Exact language of the amendment, showing what language, if any, is to be deleted and what language, if any, is to be added.

Rule 6C: Vote Required for Approval of Charter Amendments
A proposed amendment must be voted upon separately and receive the affirmative vote of at least five (5) members of the Commission to be included in the main body of the final report.

Rule 6D: Minority Reports
The final report shall provide an appendix of minority reports, presenting proposed Charter amendments supported by less than a majority of the Commission. A proposed Charter amendment not approved to be included in the main body of the report shall be included in the appendix for minority reports if any two or more members sign a statement supporting the amendment and requesting its inclusion as a minority report. The supporters of a minority report may include a brief discussion of the rationale for the proposed amendment. The discussion may be edited for accuracy by the full Commission.


ARTICLE 7: PARLIAMENTARY PROCEDURE

Rule 7A: Procedural Rules Apply to Commission and its Committees
The procedural rules provided for in this article apply both to the Commission and to any of its committees, unless otherwise specified.

Rule 7B: Parliamentary Procedure Manual
The parliamentary guide for procedural issues not covered in these rules shall be Robert's Rules of Order, Newly Revised.

Rule 7C: Chairperson to Direct Meetings
All discussion in the Commission and any of its committees shall go through the Chairperson of the Commission or of the committee, respectively. The Chairperson shall control the order of speakers and shall put motions offered by members before the Commission or the committee for consideration and action.

Rule 7D: Parliamentary Motions
Parliamentary motions shall be used as provided in Rules 9E, 9F, 9G, and 9I of the Rules of Cuyahoga County Council.

Rule 7E: Vote Required for Approval
A motion to approve the Commission's final report, a proposed committee report, or a proposed amendment to the County Charter shall require a minimum of five (5) votes in the full Commission and a majority of all members of a committee. All other motions shall require a majority of those present and voting, provided that a quorum is present, unless otherwise specified in these rules.

Rule 7F: Voting Procedure
A motion to approve the Commission's final report, a committee's report, or a proposed amendment to the County Charter shall be done by roll call vote. Voting on all other matters may be done by voice vote, but the Chairperson shall insure that the Clerk is able to record the vote of every member on all matters.

Rule 7G: Amendments
All proposed amendments to a proposed charter amendment or a Commission or committee report shall be in written form, except that the Chairperson of the Commission or a committee may accept a verbal amendment that is clear, unambiguous, and may be presented in a single sentence or a few words. An amendment to a proposed charter amendment that is approved in committee does not need to be approved again by the full Commission.

Rule 7H: Duty to Vote; Recusal
Members shall vote on every question in the Commission or in committee, except when the member has recused him/herself, and except that a member may abstain from voting on a question related to the approval of minutes of a meeting at which the member was absent. A member shall recuse him/herself from voting whenever the member has a personal or monetary interest in any matter under consideration or when voting on the matter could for any reason violate state or county ethics law.

Rule 7I: Change of Vote
Prior to the announcement of the vote on any question in the Commission or in committee, any member may request to change his/her vote, and such request shall be approved by the Chairperson, except for good cause; however, no member shall be permitted to change his/her vote after the result of the vote has been declared.


ARTICLE 8: COMMITTEES

Rule 8A: Committee Structure
The commission may use a committee structure such as the following, with proposals to create new Articles in the County Charter referred to the most appropriate committee, as determined by the Chairperson of the Commission:

1. Governmental, covering the Preamble and Articles 1 through 3 of the County Charter

2. Administrative/Judicial, covering Articles 4 through 6 of the County Charter

3. Policy, covering Articles 7 through 10 of the County Charter

4. General Provisions, covering Articles 11 through 14 and the Appendix of the County Charter

The Commission may also adopt a different committee structure or operate without committees, but any committee created shall be comprised of at least three (3) members.

Rule 8B: Chairperson of the Commission to Appoint Officers and Members of Committees
The Chairperson of the Commission shall appoint the Chairperson, Vice Chairperson, and members of each committee, but any subsequent changes to the leadership or composition of a committee shall require the approval of a majority of all members of the Commission.

Rule 8C: Participation of Members at Committee Meetings
Any member may be seated at the committee table and participate in all discussions, whether or not that member has been appointed to that committee; however, only members appointed to a committee may offer motions or vote on questions before that committee.

Rule 8D: Public Notice of Committee Meetings
Rules 4B through 4F shall also apply to committee meetings, except that the Chairperson of each committee shall set the committee's agenda and have the sole authority to call a special meeting of the committee.

Rule 8E: Work Sessions
The Commission or a committee may conduct work sessions, following the process provided for in Rule 13 of the Rules of Cuyahoga County Council.


ARTICLE 9: OPEN MEETINGS PROCEDURE

Rule 9A: Open Meetings, Public Comment
All meetings of the Commission or any of its committees shall be open to the public, be conducted only after prior public notice, include time for public comment, and comply with all other provisions of Article 12, Section 5 of the County Charter, Chapter 105 of the Cuyahoga County Code, and Ohio Revised Code Section 121.22 regarding the open public meetings.

Rule 9B: Minutes
The Clerk shall keep minutes of all meetings of the Commission and any of its committees and shall post the draft minutes on the Commission's webpage, subject to Commission or committee approval, as soon as is practical following each meeting, but in no case later than seven (7) days after the meeting. The Commission and each committee shall consider at each meeting the question of the approval of minutes from the previous meeting.

Rule 9C: Availability of Public Records
All records of the Commission or any if its committees that relate to public business shall be available to the public as public records as required in Article 12, Section 6 of the County Charter, Chapter 106 of the Cuyahoga County Code, and Ohio Revised Code Section 149.43. The Clerk shall serve as Public Records Manager for the duration of the Commission, after which the Clerk of County Council shall perform this role.

Rule 9D: Filming, Taping, and Recording
Any person may film, tape, or record any meeting of the Commission or any of its committees, provided that the filming, taping, or recording is done in a manner that does not significantly interfere with the conduct of the meeting. Anyone who wishes to film, tape, or record any meeting of the Commission or any of its committees is requested to notify the Clerk prior to the start of the meeting.

Rule 9E: Decorum
The Chairperson, with the approval of the Commission, may establish rules to insure decorum at meetings, including but not limited to rules relating to the respectful presence of the public and the use of audible communication devices.

Rule 9F: Public Participation Process
Not later than the 15th day of October following formation of the Charter Review Commission, the Chairperson shall prepare and begin implementation of a comprehensive public participation plan, including, but not limited to the following:

Public hearings held at various locations throughout the county, conducted as part of both the committee phase and the full Commission's consideration of the committee reports;

Widest possible dissemination of proposed Charter amendments and draft reports in both written and electronic form combined with processes for receiving public input concerning them; and

Regularly updated availability on the Commission's webpage of the current form of all proposed Charter amendments and draft Commission and committee reports.

Rule 9G: Charter Amendment Proposals to be Available on Website
The Clerk shall ensure that the Commission's page on the County's website contains all proposed Charter amendments that have been submitted to the Commission. A proposed amendment shall be in the form provided for in Rule 6B to be included on the website. If a proposed amendment is substantively changed, both the original and revised versions shall be included.

Proposed Charter amendments may be submitted to the Commission by any member of the Commission at any Commission meeting or at any committee meeting which covers the subject of the proposed amendment.

Proposed amendments may also be submitted to the Commission by any member of the public by letter to the Clerk or by presentation at any meeting of the Commission or of the committee which covers the subject of the proposed amendment.


ARTICLE 10: AMENDMENT AND SUSPENSION OF RULES

Rule 10A: Amendment of Rules
These rules may be amended with the approval of five (5) or more members of the Commission and confirmation by majority vote of County Council. A proposed amendment to these rules may be voted on at the same meeting of the Commission at which it is introduced only if the text of the proposed amendment is included in the published agenda for the meeting. As soon as is practical following approval of a proposed rules amendment by the Commission, the Clerk shall notify the Clerk of County Council by letter of the amendment. The notification may be in electronic format. If County Council does not act on the proposed amendment within fourteen (14) days after the Clerk of County Council is notified of the amendment approved by the Commission, then the amendment shall be deemed confirmed. Any amendment adopted under this rule shall apply only to the Commission at which it was adopted.

Rule 10B: Suspension of Rules
Any of these rules may be suspended by a vote of 2/3 of those present and voting at the applicable meeting of the Commission or any of its committees, provided that a quorum is present, and that the action taken is in compliance with the Constitution and general law of the State of Ohio and the Charter, ordinances, and resolutions of Cuyahoga County.

(Ordinance Nos. O2015-0002, Enacted 3/10/2015, Effective 4/10/2015; O2012-0003, Enacted 3/27/2012, Effective 5/2/2012)

Section 206.07 Districting Commission

A. Pursuant to Article 3, Section 4, Subsection 3 of the Charter of Cuyahoga County, which provides that with regard to redistricting of County Council districts, the County Council may establish additional criteria for the Council Districting Commission to use for the purpose of drawing district boundaries, the County Council hereby establishes the following additional criterion:

  1. After the Council Districting Commission has determined new County Council Districts, the Commission shall provide district numbers for the new council districts so that the largest possible number of new districts have the same district number as the former district having the largest number of residents in the new district.

(Ordinance No. O2011-0025, Enacted 6/14/2011, Effective 6/16/2011) 


Section 206.08 Reserved.

Section 206.09 County Equity Commission

A. Composition: To oversee the County’s equity efforts, there shall be a Cuyahoga County Equity Commission consisting of the Directors of Development, Human Resources, Health and Human Services, Equity and Inclusion, and Public Safety and Justice Services, or their respective designees. The County shall use its internal resources to assist the Equity Commission with data collection and analysis.

B. Leadership and Staffing: The County Executive shall designate a Chairperson of the Commission and shall provide staff resources sufficient for the Commission to fulfill its duties.

C. Duties: The Commission’s duties shall include:

  1. Developing and implementing a system for the collection of baseline equity data relating to the domains and goals/values of this equity plan
  2. Developing equity plan objectives, after collection of baseline data and completion of a disparity study
  3. Assisting departments and agencies in developing and implementing equity plans, including objectives, measurement of outcomes, and revision of objectives when needed. When feasible, the Commission shall collaborate with county boards and commissions in developing and implementing equity plans.
  4. Coordinating with the Citizens’ Advisory Council on Equity
  5. Developing and implementing a plan for community outreach on equity
  6. Maintaining a page on the County’s website to provide information on its activities
  7. Issuing an Annual Equity Report not later than January 31.

(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0014, Enacted 8/14/2012, Effective 8/20/2012)

Section 206.10 County Monument Commission

A. Cuyahoga County Monument Commission Established.

  1. To encourage and promote a diverse and representative cultural environment for and on behalf of the citizens and visitors of Cuyahoga County through appropriate memorialization of significant persons, communities, and historic events, as well as to provide the opportunity to further enrich such citizenry through public monuments, the Cuyahoga County Monument Commission is hereby established.

B. Definitions. As used in this section:

  1. “Monument” shall mean any statuary, sculpture, fountain, garden, mural, nameplate, marker, park land, works of art, and other symbolic forms of public art erected to commemorate famous or notable persons, communities or historic events;
  2. “Person(s)” shall mean an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity;
  3. “Donation” shall mean any monument or any monetary amount designated for the construction and maintenance of a monument;
  4. “Loan” shall mean a deposit of property that is not accompanied by a transfer of title to the property;
  5. “Ordinary Expenses” shall mean costs associated with operations, maintenance, and minor repairs of a monument;

C. Purpose of Monument Commission.

  1. The purpose of the Monument Commission is to ensure that if new Monuments are erected on Cuyahoga County property, and that when existing Monuments are restored, renovated, enhanced, and/or repaired, such actions shall be taken in accordance with rules and procedures established by the Commission. The Commission reviews all proposals for new Monuments to be erected and existing Monuments to be restored, renovated, enhanced and/or repaired in accordance with rules and procedures established by the Commission.

D. Composition and Qualifications of Monument Commission Members.

  1. The Monument Commission shall be composed of seven voting members, each of whom shall be an elector of Cuyahoga County.
  2. The Commission shall include a representative of the County Planning Commission, a representative of the County Department of Public Works, and a member of the County Council to be determined by the President. The remaining four positions on the Commission shall be individuals who have demonstrated a significant interest in studying the arts or local history.
  3. The Commission shall designate a chairperson, and other necessary officers, by a majority vote.

E. Appointment Process.

  1. Other than the member of Council, each Commission member shall be appointed by the County Executive and confirmed by the County Council.

F. Commission Member Terms.

  1. The term of office for each Commission member shall be three years.
  2. Terms of office for other than the Council member, shall commence upon the date specified in the motion proposing confirmation by Council.
  3. Of the initial terms for Commission membership, four members shall be appointed to full terms and three members shall be appointed to half terms.
  4. Commission membership shall be a non-compensated position, but members shall be entitled to reimbursement for reasonable expenses in connection with Commission duties.

G. Commission Member Resignation.

  1. If a Commission member, other than a Council member, should resign, the County Executive shall appoint, subject to the approval of County Council, a replacement Commission member to fulfill the remainder of the vacated term.

H. Monument Commission Rules. The Commission shall be responsible for establishing rules and procedures governing Cuyahoga County Monuments. Such rules shall include guidelines, criteria, and procedures for considering monument proposals, approval of monument designs and locations, acceptance of monuments and donations, whether as gifts or loans, financial responsibility, insurance, and other costs. The Commission shall include any other rules it deems necessary for carrying out its purposes.

I. Approval of Monument Designs. In approving Monument design, the Commission shall establish standard criteria which shall include, but not be limited to, size, safety, suitability, and sustainability.

J. Approval of Monument Locations. In approving Monument locations, the Commission shall establish standard criteria which shall include, but not be limited to, safety, space constraints, pedestrian and traffic flow, and historical significance of the site.

K. Requirement of Necessary Permitting and Permissions. Unless otherwise negotiated, the donor(s) of or applicants for a monument, whether new or renovated or repaired, are solely responsible for obtaining all necessary permits from the requisite County Departments and other governmental entities and to coordinate with the requisite entity to ensure that no utilities are damaged during installation and/or repairs.

L. Donations.

  1. The County may accept donations upon a vote of the Commission.
  2. When a Monument is donated to the County, the donor must provide all funds for the planning, installation, and other incidental expenses of the monument unless otherwise negotiated prior to acceptance.

M. Loaning a Monument.

  1. The County may accept a Monument on loan upon a vote of the Commission.
  2. The County may accept Monuments on loan from a person, but, prior to acceptance, the County shall negotiate all financial outlays for the cost of planning, installation, maintenance, and removal.

N. Financial Liability for Monuments. Unless otherwise negotiated, the lender of a Monument shall provide full insurance for the Monument. Unless otherwise negotiated, the donor of a Monument shall provide funds sufficient for upkeep and to obtain the proper insurance coverage for a time to be determined by the Commission. In the event that a Monument is destroyed, rendered irreparable, or financially impracticable to replace, the Commission shall make all determinations in regards to replacement, movement, or closure of the Monument.

(Ordinance No. O2013-0022, Enacted 11/26/2013, Effective 12/2/2013)

Section 206.11 Cuyahoga County Archives Advisory Commission

A. Definitions. As used in this section:

  1. “Historical Records” shall mean all information, regardless of media, created by County entities and preserved because of ongoing value and which may also be referred to as “Archives”;
  2. “Access” shall mean the ability to obtain, examine, and or retrieve all public records in an efficient and convenient manner;
  3. “Public Programming” shall mean the structure and components of certain programs that assist in facilitating the outreach efforts of the Cuyahoga County Archives.

B. There is hereby established the Cuyahoga County Archives Advisory Commission. The Archives Advisory Commission shall have the following powers and duties:

  1. To promote the identification and preservation of Cuyahoga County’s historical records by identifying the necessary resources and raising the visibility of the Archives;
  2. To ensure availability of Cuyahoga County’s historical records by identifying facilities that meet best standards for archival preservation and, which may easily be accessed by the citizens of Cuyahoga County;
  3. To raise awareness of the historical value and significance of Cuyahoga County’s historical records through effective public programming;
  4. To recommend the appropriate practices, policies and procedures to bridge the gap between technological efficiencies and historical competencies;
  5. To encourage best practices that align with the standards of a modern archival administration and are in accordance with the terms as defined by the Society of American Archivists.

C. Qualifications and Composition of Archives Advisory Commission Members.

  1. The general qualifications of the members of the Archives Advisory Commission shall be determined by the postsecondary education in History, Library Science, Genealogy or related field, experience in archival facilities or related area, and a working knowledge of relevant software.
  2. The Archives Advisory Commission shall be composed of nine voting members, with the County Archivist providing general organizational support, which include five appointed electors of the County and the following ex officio members:
    a. Chief Information Officer or designee;
    b. Director of Public Works or designee;
    c. A member of County Council as determined by the President of Council;
    d. Clerk of Council.

D. Appointment Process and Qualification.

  1. All Commission members not serving in an ex officio capacity shall be an elector of the County and shall be appointed by the County Executive and confirmed by the County Council.

E. Commission Member Terms.

  1. The term of office for each appointed Commission member shall be four years.
  2. The term of office of each appointed member shall commence upon the date specified in the confirmation resolution approved by Council.
  3. With regard to the initial terms of appointed Commission members, three members shall be appointed to full terms and two members shall be appointed to half terms.
  4. Commission membership shall be a non-compensated position, provided however, that members shall be entitled to reimbursement for reasonable expenses incurred in connection with performing Commission duties with the approval of the Director of Public Works.

F. Officers and Terms of Office.
The Archives Advisory Commission shall elect a Chair, a Vice-Chair, and a Secretary. The term of each Officer shall be one year or until his/her successor takes office. The Commission shall determine a Chair by a majority vote. Officers shall be elected annually at the first organizational meeting of each year and shall take office immediately upon election.

G. Commission Member Resignation.
If an appointed Commission member should resign, the County Executive shall appoint, subject to confirmation by Council, a replacement Commission member to fulfill the remainder of the unexpired term.

H. Archives Advisory Commission Rules.
The Commission shall be responsible for recommending the rules and procedures governing the maintenance of historical records and archives of Cuyahoga County. Such rules shall encompass guidelines, criteria, and best practices for identifying, preserving and providing access to the historical records of Cuyahoga County and advisory oversight of the resources necessary for the maintenance of the facility housing the County’s historical records. The Commission shall make any other recommendations it deems necessary for carrying out its purposes.

I. Approval of Access.
In approving access to the historical records and archives, the Commission shall recommend the standard criteria and guidelines to facilitate public access and staffing accommodations, including, but not limited to, reference desks, database management, scanning and copying, and appropriate space design.

(Ordinance No. O2014-0028, Enacted 10/14/2014, Effective 10/15/2014)

Section 206.12 Cuyahoga County Planning Commission

A. The Cuyahoga County Planning Commission, established pursuant to section 713.22 of the Revised Code, shall be composed of the following members:

  1. Eight members appointed by the County Executive and confirmed by Council in accordance with section 713.22 of the Revised Code and the County Charter. To ensure the geographic diversity of the county is represented, the County Executive shall endeavor to appoint one chief elected official from each one of the following County Planning Commission planning regions, as defined by the County Planning Commission bylaws:
    a. Chagrin/Southeast Region
    b. Cleveland Region
    c. Cuyahoga Region
    d. Heights Region
    e. Hillcrest Region
    f. Southcentral Region
    g. Southwest Region
    h. Westshore Region
  2. The County Executive; and
  3. Two members of the County Council appointed by the President of Council.

B. Alternates to the County Planning Commission shall be residents of the county and shall be designated in the same manner as the designation of alternates as provided in section 713.22 of the Revised Code.

C. Paragraphs (A) and (B) shall not terminate or otherwise affect the term of those members serving on the County Planning Commission as of the effective date of this section.

(Ordinance Nos. O2023-0015, Enacted 10/10/2023, Effective11/9/2023; O2015-0005, Enacted 4/29/2015, Effective 4/29/2015)

Section 206.13: Commission on Human Rights

A. Establishment of a Commission on Human Rights. A County Commission on Human Rights is hereby established (“Commission”). The purpose of the Commission shall be to promote principles of diversity, inclusion, and harmony in the County of Cuyahoga through education, community events, the provision of advice to the Cuyahoga County Council (“Council”) and Cuyahoga County Executive (“Executive”), and through receiving and resolving Complaints filed under this Title.

B. Composition. The Commission shall consist of three (3) members appointed by the Executive subject to confirmation by the Council. As a quasi-judicial body, the members of the Commission shall be composed of attorneys licensed to practice in the State of Ohio. Members of the Commission shall serve without compensation but may be reimbursed for their reasonable expenses incurred in the performance of their duties.

C. Term. Beginning in January 2021, one of the three persons appointed to the Commission shall serve for a term of 12 months or until a successor is appointed, one of the three persons appointed to the Commission shall serve for 24 months or until a successor is appointed, and one of the three persons appointed to the Commission shall serve for 36 months or until a successor is appointed. Thereafter persons appointed to the Commission shall serve as members for 24 months. No person shall serve as a member of the Commission for more than two consecutive 24-month terms.

The Commission shall elect a chairperson. The chairperson shall serve for a term of 24 months. The Commission may designate the same member to serve as the chairperson of the Human Rights Commission for a second term of 24 months or until a successor is appointed.

D. Meetings of Commission; Quorum. The Commission shall meet quarterly and at such other times as the chairperson directs. A simple majority of the members of the Commission shall constitute a quorum for the transaction of business.

E. Vacancy; Removal.

  1. A member of the Commission may be removed by an affirmative vote of the other members if he or she has unexcused absence at two or more regular meetings of the Commission during any calendar year.
  2. In the event of such vacancy, death, resignation, or removal of any person either as member or chairperson, the successor shall be appointed by the Executive to serve the unexpired term for which such person had been so appointed. A person appointed to an unexpired term pursuant to this section may, in addition, serve two consecutive terms.

F. Governance. The Commission shall formulate its own rules and procedures in accordance with the rules and procedures as set forth in Title 15. The Commission may create volunteer Task Forces, Advisory Councils, or Sub-Committees as it deems appropriate.

G. Budget. There shall be a line item in the County’s Budget to cover the operating expenses of the Commission, including staff salaries.

H. Functions and Responsibilities. The functions and responsibilities of the Commission shall include the following:

  1. Receive and investigate complaints under Title 15.
  2. Provide all required notices under Title 15;
  3. Attempt to conciliate or mediate complaints alleging violations under Title 15;
  4. Recruit, appoint, train, and supervise the professional and clerical staff for the administration and operation of this Chapter and Title 15;
  5. Promote principles of diversity, inclusion, and harmony in the County of Cuyahoga through education and community events to
    a. Foster mutual understanding and respect among all persons in the County of Cuyahoga and encourage equality of treatment for, and prevent discrimination against any group or its members;
    b. Educate all persons residing and working in the County of Cuyahoga and, in particular, employers, landlords, educators, and business owners, about the importance of non-discrimination toward each member of the community;
    c. Conduct investigations and studies related to the problems and effects of prejudice, intolerance, bigotry, and discrimination, and ways to prevent and eliminate them and any other studies that will aid in effectuating the general purposes and provisions of this Title. Issue publications and reports of investigations and research related to said studies;
    d. Establish advisory-commissions from the community and/or utilize existing county boards and commissions to assist the Executive in the execution of his/her duties and functions related to outreach and education efforts. The advisory-commissions may furnish advice, gather information, and make recommendations related to community relations/discrimination prevention;
    e. Work with federal, state and city agencies in developing educational programs, public forums, and strategies for achieving harmonious inter-group relations within the County of Cuyahoga, and to engage in other anti-discrimination activities for the promotion of equal rights and opportunities for all persons; and
    f. Enlist the cooperation of various groups and organizations in mediation efforts, programs and campaigns devoted to preventing and eliminating prejudice, intolerance, bigotry and discrimination.
  6. Submit an annual report of activities by March 1st of each Calendar Year to the Executive and the Council, which shall be published on the County’s website. Such annual report shall include information for the calendar year regarding:
    a. Inquiries received from the public. The information regarding inquiries received by and from the public shall include, but not be limited to:

    i. total number of inquiries;
    ii. number of inquiries made by limited-English proficient persons disaggregated by language;
    iii. subject matter of inquiries disaggregated by the alleged category of unlawful discriminatory practice as set forth in this Title and the protected class of person, and
    iv. number of inquiries resolved by pre-hearing intervention.

    b. Complaints filed under Title 15. The information regarding Complaints filed shall include, but not be limited to, the number of Complaints filed and shall be aggregated by:

    i. category of alleged discriminatory practice(s), as set forth under Title 15, alleged;
    ii. basis of the alleged discriminatory practice based on the protected class of the Complainant;
    iii. whether the Complaint was resolved by mediation, conciliation, or referral as set forth under Title 15; a finding of no discrimination, as set forth in Title 15; or hearing, as set forth under Title 15;
    iv. number of days the Complaint was outstanding at the time such resolution occurred; and
    v. whether a civil penalty was imposed and, if so, the dollar amount of such penalty.

I. Powers and Duties. The Commission shall enforce the provisions of this Chapter and Title 15 of this Code and any rules or regulations promulgated thereunder. The powers and duties of the Commission shall include the following:

  1. Shall and have jurisdiction to review, hear, decide, and enforce final decisions rendered under Title 15 as set forth in Section 1502.05;
  2. Issue subpoenas to compel the attendance of witnesses and require the production of any evidence relating to any matter under investigation and consideration under Title 15, and to take proof with respect thereto;
  3. Command the production of any names of persons necessary for the investigation of any person, institution, workplace, club, or other place or provider of public accommodation under Title 15;
  4. Require any person or persons who are the subject of an investigation under Title 15 to preserve such records as are in the possession of such person or persons and to continue to make and keep the type of records that have been made and kept by such person or persons in the ordinary course of business within the previous two years, which records are relevant to the determination whether such person or persons have committed unlawful discriminatory practices as defined by Title 15 with respect to activities in the County of Cuyahoga;
  5. Upon a finding of discriminatory practice in violation of Title 15, issuing cease and desist order(s), assessing a civil administrative penalty against any Respondent, and taking any such further action authorized under Title 15;
  6. Recommend to the Executive and to the Council, legislation to aid in carrying out the purposes of Title 15 and for the promotion of equal rights and opportunities for all persons;
  7. Adopt, promulgate, amend and rescind rules and procedures necessary to carry out the purposes and provisions of Title 15;
  8. Taking all necessary action in the appropriate court to secure the production of all records, documents, or other evidence necessary in carrying out the provisions of Title 15;
  9. Enter into contracts for goods or services as may be reasonably necessary to fulfill the Commission’s duties in accordance with the County’s contracts and purchasing procedures;
  10. Exercising all powers reasonable and necessary to fulfill the purpose of this Chapter and Title 15.

J. Professional and Clerical Staffs of the Commission. The Commission may appoint such professional, clerical, and other positions as may be necessary to properly carry out its duties in accordance with the budget approved by Council.

K. Executive Director; Duties.

  1. The County Executive shall appoint an Executive Director to oversee the day to day activities of the Commission and to execute the policies and other actions approved by the Commission.
  2. The Executive Director shall be responsible for the recruitment, selection, training, and supervision of the professional and clerical staff and shall oversee the administration and operation of the Commission.
  3. The Executive Director shall attempt to conciliate or mediate complaints through the recruitment of volunteer attorneys or other persons with training in civil rights law whenever practical.

(Ordinance Nos. O2021-0011, Enacted 7/20/2021, Effective 7/27/2021; O2018-0009, Enacted 9/25/2018, Effective 10/27/2018)