|
INCAPACITY OF SUPERINTENDENT
It is the legal duty of the Governing Board to appoint a Superintendent
pro tempore by a majority vote of the members of the Governing Board upon
determination that the Superintendent is incapacitated in such a manner
that he/she is unable to perform the duties of his/her office.
The Governing Board shall fix the compensation of the Superintendent Pro
Tempore who shall serve until the Superintendent's incapacity is removed
or until the expiration of the Superintendent's contract or term of
office, whichever is sooner. He/She shall perform all of the duties and
functions of the Superintendent, and may be removed at any time by a
two-thirds majority vote of the members of the Governing Board. The
Governing Board will exercise its authority under law to determine the
incapacity of the Superintendent.
[Adoption date: June 21, 2001]
LEGAL REFS: ORC 3319.01; 3319.011; 3319.13; 3319.16
INCAPACITY OF SUPERINTENDENT
A Superintendent pro tempore will be appointed by a majority of the
members of the Governing Board upon determining that the Superintendent is
incapacitated in such a manner that he/she is unable to perform the duties
of that office. Such incapacity will be determined in one of the following
ways:
1. at the request of the Superintendent, if the Superintendent is absent
with pay for reasons of personal illness, injury or exposure to contagious
disease which could be communicated to others;
2. upon certification of the attending physician, that the Superintendent
is unable to perform the duties of the office of Superintendent and is
absent with pay for reasons of personal illness, injury or exposure to
contagious disease, which could be communicated to others;
3. upon the determination of a referee pursuant to ORC 3319.16, that the
Superintendent is unable to perform the duties of the office of
Superintendent and is absent with pay for reasons of personal illness,
injury or exposure to a contagious disease, which could be communicated to
others;
4. upon the granting of a leave of absence without pay requested by the
Superintendent for reasons of illness, injury or other disability and
5. upon the placing of the Superintendent upon an un-requested leave of
absence without pay for reasons of illness or other disability pursuant to
ORC 3319.13 and 3319.16.
During the period of incapacity, the Superintendent will:
1. at his/her request, be placed on sick leave, with pay, not to exceed
the extent of his/her accumulated, but unused, sick leave and any
advancement of such sick leave which may be authorized by Governing Board
policy and
2. at his/her request, or without his/her request, the Superintendent will
be placed on a leave of absence without pay pursuant to ORC 3319.13.
The leave provided during the period of incapacity (described above) will
not extend beyond the contract or term of office.
The Superintendent will, upon request to the Treasurer of the Governing
Board, be returned to active-duty status, unless the Governing Board
denies the request within 10 days of receipt of the
1 of 2
request. The Governing Board may require the Superintendent to establish
to its satisfaction that
he/she is capable of resuming such duties and that the duties be resumed
on a full-time basis.
The Governing Board may demand that the Superintendent return to active
service; upon the determination that he/she is able to resume his/her
duties, the Superintendent will return to active service.
The Superintendent may request a hearing before the Governing Board on any
action taken under this policy and will have the same rights as are
granted under ORC 3319.16.
The Superintendent Pro Tempore will perform all of the duties and
functions of the Superintendent and may be removed at any time by a
two-thirds majority vote of the members of the Governing Board.
The Governing Board will fix the compensation of the Superintendent Pro
Tempore in accordance with ORC 3319.011. He/She will serve until the
Superintendent's incapacity is removed or until the expiration of the
Superintendent's contract or term of office, whichever is earlier.
[Approval date: June 21, 2001]
|
