INCAPACITY OF TREASURER
The Governing Board is obligated to provide the Educational Service Center
with sound management in all areas. The Treasurer holds one of the key
management positions for the Educational Service Center; plans must be
prepared should that person ever become incapacitated.
Should the Treasurer become incapacitated, the Governing Board will
appoint a Treasurer pro tempore. The appointment will be made by a
majority vote of the Governing Board after the conditions relating to
incapacity of the Treasurer are met.
The Treasurer Pro Tempore shall perform all the duties and functions of
the Treasurer and may be removed at any time by a two-thirds majority vote
of the members of the Governing Board or upon return to full-time active
service of the Treasurer.
The Treasurer Pro Tempore shall meet the licensing requirements
established by the State Board of Education. The Treasurer Pro Tempore may
not be a member of the Governing Board or otherwise regularly employed by
the Educational Service Center.
[Adoption date: June 21, 2001]
LEGAL REFS: ORC 3313.23; 3313.24
3319.13
INCAPACITY OF TREASURER
A Treasurer pro tempore shall be appointed by a majority of the members of
the Governing Board upon determining that the Treasurer 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 Treasurer, if the Treasurer is absent with pay by
reason of personal illness, injury or exposure to contagious disease which
could be communicated to others;
2. upon certification of the attending physician that the Treasurer is
unable to perform the duties of the office of Treasurer and such Treasurer
is absent with pay by reason of personal illness, injury or exposure to
contagious disease which could be communicated to others;
3. upon the determination of a referee, pursuant to Ohio Revised Code
Section 3319.16, that the Treasurer is unable to perform the duties of the
office of the Treasurer and such Treasurer is absent with pay by reason of
personal illness, injury or exposure to contagious disease which could be
communicated to others;
4. upon the granting of a leave of absence, without pay, requested by the
Treasurer by reason of illness, injury or other disability of the
Treasurer or
5. upon the placing of the Treasurer upon an un-requested leave of
absence, without pay, by reason of illness or other disability of the
Treasurer pursuant to ORC 3319.13.
During the period of incapacity, the Treasurer shall:
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 or
2. at his/her request, or without such request, pursuant to ORC 3319.13,
be placed on a leave of absence without pay.
The leave provided during the period of incapacity (described above) shall
not extend beyond the contract or term of office of the Treasurer.
The Treasurer shall, upon request to the Governing Board of Education, be
returned to active-duty status, unless the Governing Board denies the
request within 10 days of receipt of the request. The Governing Board may
require the Treasurer to establish to its satisfaction that the
Treasurer is capable of resuming such duties and, further, that the duties
may be resumed on a full-time basis.
The Governing Board may demand that the Treasurer return to active
service; upon the determination that the Treasurer is able to resume
his/her duties, the Treasurer shall return to active service.
The Treasurer may request a hearing before the Governing Board on actions
as indicated above taken under this policy and shall have the same rights
in such hearing as are granted under ORC 3319.16.
The Treasurer Pro Tempore shall perform all of the duties and functions of
the Treasurer and may be removed at any time by a two-thirds majority vote
of the members of the Governing Board.
The Governing Board shall fix the compensation of the Treasurer Pro
Tempore in accordance with ORC 3313.24 and he/she shall serve until the
Treasurer's incapacity is removed or until the expiration of the
Treasurer's contract or term of office, whichever is earlier.
(Approval date: June 21, 2001) |
