Appointment of board of directors. CHAPTER II. PENITENTIARY. SECTION. SECTION. 1. Appointment of board of directors. 20. Officers, contractors, etc., shall not 2. How vacancies in the board filled. 3. How the board to organize and con- 4. Board to appoint certain officers. 6. What must be entered on the 7. Directors to prescribe rules and regulations. 8. Board to make annual report to governor. 9. Duties of warden. have dealings with convicts. 21. Removals and suspensions. 23. How money drawn from the treas- 10. Warden's accounts to be balanced 29. Monthly statements to auditor of 11. Warden to appoint deputy and 30. Board must keep convicts emother officers. ployed. 12. General duties of officers, and how 31. Convicts not on contracts to be vacancies filled. 13. Duties of deputy warden. 14. Duties of the steward. 15. Duties of clerk. 16. Oath of office, and bond. 17. Directors ineligible to certain officers [offices]. 18. No contractor or person interested at the prison to be appointed to office there. employed by warden. 33. Warden may employ convicts on 33. Warden may hire domestics. 36. 19. Officers shall not receive other com- 38. Board may repair or rebuild shops pensation than herein prescribed. injured or destroyed by fire. SECTION 1. Appointment of board of directors; oath. The government and management of the Ohio penitentiary shall be vested in a board of five directors, heretofore appointed by the governor under the act of March 16, 1876, 73 v. 34, one to Board to appoint certain officers. hold his office until the first day of April, 1877, two to hold until the first day of April, 1879, and until their successors are appointed and qualified; and hereafter, in the month of March of each year, the governor shall appoint, by and with the advice and consent of the senate, members of the board equal in number to those whose terms expire in that year, who shall hold their office for the term of three years, and until their successors are appointed and qualified. Each director, before he enters upon the duties of his office, shall take and subscribe an oath or affirmation of office, which shall be indorsed on his commission. (73 v. 34, § 1.) SEC. 2. Board to appoint certain officers. A vacancy in the office of director, for other cause than the expiration of the term, shall be filled by appointment by the governor, for the unexpired term, subject to the approval of the senate, if in session, and if not in session, subject to its approval at its first session thereafter. (73 v. 37, § 14.) SEC. 3. How vacancies in the board filled. The directors shall, at their meeting in the month of March in each year, elect one of their number president of the board. Three members of the board shall constitute a quorum for the transaction of business, and no order of the board shall be valid unless concurred in by at least three members, and entered on its journal. (73 v. 34, §§ 2, 3.) DUTIES OF DIRECTORS. SEC. 4. How the board to organize and to conduct business. The board shall appoint a warden, who shall hold his office for the term of three years from the first day of April after his appointment, unless sooner removed by the directors; also a steward, a physician, a chaplain, a clerk, and, when the business requires it, an assistant clerk, who shall hold their offices for two years, unless sooner removed as provided in section twenty-one. (73 v. 35, 36, §§ 5, 7.) SEC. 5. Regular meeting of the board, and inspections. The directors shall meet at the penitentiary on the first Tuesday of February, May, August, and November, and examine the books and accounts of the clerk and steward. At least three What must be entered on the journal, etc. of the directors shall visit the prison in company on the first Tuesday in each month, and examine all the different departments, and audit all claims against it; and an inspection of the prison shall be made at least once in each month, between the monthly meetings, by a director, or the order of the board. (73 v. 34, 35, § 4.) SEC. 6. What must be entered on the journal. The directors shall enter on their journal the result of all examinations, whether by a full board or a portion thereof, and all other official acts, which shall be signed by the members present. (73 v. 35, § 4.) SEC. 7. Directors to prescribe rules and regulations. The directors shall prescribe rules and regulations for the government of the prison, specifying the duties of all its officers, and may revise and change the same from time to time, as circumstances may require. (73 v. 34, § 4.) SEC. 8. Board to make annual report to governor. On or before the twentieth of November in each year, the board must report to the governor the condition of the prison, together with a detailed statement of its receipts and expenditures, and such suggestions as its interests may require. (73 v. 35, § 4.) WARDEN SEC. 9. Duties of warden. The warden shall reside in the penitentiary, in apartments to be assigned to him by the directors, and furnished at the expense of the state, in a plain and substantial manner, under the direction and supervision of the directors; and it shall be his duty First. To carefully supervise the government, discipline, and police of the prison. Second. To give all necessary directions to the inferior officers and guards, and secure a careful and diligent discharge of their several duties. Third. To examine daily into the state of the prison, and the health, condition, and safety of the convicts. Fourth. To report to the directors, at each quarterly meeting, the number of guards employed, their names and duties, and such other matters as may be required. Warden's accounts to be balanced monthly, etc. Fifth. And generally to have charge of all the departments of the prison and its officers. (73 v. 35, § 6.) SEC. 10. Warden's accounts to be balanced monthly. He shall balance his cash account each month, and report the same to the board, if in session, or at its first meeting thereafter; and on the fifth week day of each month he shall pay into the state treasury so much of the funds in his hands as, in the opinion of the board, is not required for the current use of the penitentiary. (73 v. 38, § 20.) SEC. 11. Warden to appoint deputy and other officers. He shall, by and with the consent of the board, appoint a deputy warden, superintendents of the yard, kitchen, state shops, and hospital, a captain of the night-watch, and, subject to the right of the board at any time to order the number increased or diminished, as many guards as may be necessary, who shall hold their offices for the term of two years, unless sooner removed, as provided in section twenty-one. (73 v. 35, § 7.) SEC. 12. General duties of officers, and how vacancies filled. Officers appointed by the board, or by the warden by and with the consent of the board, shall discharge the duties pertaining to their positions, under the direction of the warden, and in pursuance of the rules and regulations of the board and the provisions of this title; and all vacancies in such offices shall be filled in the same manner as appointments are made. (73 v. 36, 37, §§ 7, 14.) DEPUTY WARDEN. SEC. 13. Duties of deputy warden. The deputy warden shall, in the absence or disability of the warden, or in case of his death, resignation, or removal, discharge all the duties of warden in addition to such other duties as may be prescribed. (73 v. 36, § 9.) STEWARD. SEC. 14. Duties of the steward. The steward shall purchase all the forage, fuel, and lights, and all supplies for the kitchen. and hospital, and all articles for manufacturing and repairs in the state shops, and make all sales for the penitentiary, un Duties of clerk, etc. der the written orders of the warden, and subject to such rules and regulations as the board may prescribe. He shall file and preserve all such orders, and keep a full and accurate account of all purchases and sales made by him, in books to be furnished by the board, and which shall be open at all times to the inspection of the warden of the board, or any member of the board. All other articles and supplies shall be purchased by order and under the direction of the board. (73 v. 36, § 10.) CLERK. SEC. 15. Duties of clerk. The clerk shall keep the accounts of the prison in such manner as to exhibit clearly all the financial transactions relating to it, He shall also keep a register of convicts, in which shall be entered the name of each. convict, the crime of which he was convicted, the date of conviction, period of sentence, from what county, by what court sentenced, his nativity, an accurate description of his person, and, if known, whether he has been previously confined in a penitentiary in this or any other state, and when and how he was discharged. He shall also act as secretary of the board. (73 v. 36, § 8.) SEC. 16. Oath of office and bond. All persons appointed by the board, or by the warden by and with the consent of the board, shall take an oath of office, and enter into a bond to the state, that they will faithfully discharge the duties which devolve upon them. The bond of the warden to be in the sum of ten thousand dollars, with two good and sufficient freehold sureties, to be approved by the board and the attorney-general; and the bonds of other appointees, with sureties to the satisfaction of the board, to be each in the sum specified, as follows: deputy warden and clerk, three thousand dollars; steward, five thousand dollars; captain of the nightwatch and superintendents, six hundred dollars; and guards, five hundred dollars. All such bonds shall be drawn by the attorney-general, and deposited with the treasurer of state. (73 v. 35, 37, 43, §§ 7, 15, 36.) |