Sec. 3313.22. Notwithstanding division (D) of section | 7 |
3311.52, if the treasurer of any cooperative education school | 8 |
district is also the treasurer of another school district or | 9 |
educational
service center
pursuant to division (B)(2) of section | 10 |
3311.52 or division (B)(3)
of section 3311.521 of the Revised | 11 |
Code, this section and
sections 3313.222 to 3313.25 of the Revised | 12 |
Code do not apply to
that cooperative district or its treasurer. | 13 |
(A) Except as otherwise provided in division (E) of section | 14 |
3311.19 of the Revised Code, the board of education of each city, | 15 |
local, exempted village, and joint vocational school district, at | 16 |
an organizationala regular or special meeting held not later than | 17 |
the first day of May, shall electappoint a treasurer, who shall | 18 |
be the chief fiscal officer of the school district. The treasurer | 19 |
shall be appointed for a term not longer than five years beginning | 20 |
the first day of August and ending the thirty-first day of July. | 21 |
At the expiration of a treasurer's current term of | 24 |
employment, the treasurer is deemed re-employed for a term of one | 25 |
year at the same salary plus any increments that the board may | 26 |
authorize, unless the board, on or before the first day of March | 27 |
of the year in which the contract of employment expires, either | 28 |
re-employs the treasurer for a succeeding term as provided in | 29 |
division (C) of this section or gives to the treasurer written | 30 |
notice of its intention not to re-employ the treasurer. | 31 |
(B) A treasurer appointed under this section may not be
a | 40 |
member of the board or otherwise regularly employed by the
board. | 41 |
No board of education, other than the board of an island
school | 42 |
district, shall electappoint a person treasurer who does not hold | 43 |
a valid license issued under section 3301.074 of the Revised
Code, | 44 |
unless the person is an otherwise qualified treasurer. If the | 45 |
treasurer fails to maintain that license, the treasurer is | 46 |
automatically disqualified from further service, unless the | 47 |
treasurer is an otherwise qualified treasurer. As used in this | 48 |
division, an "otherwise qualified treasurer" is a person who does | 49 |
not possess a current valid treasurer's license but demonstrates | 50 |
to the district board's satisfaction both that the person meets | 51 |
all qualifications for that license and that the person has | 52 |
applied to the state board of education for issuance or renewal of | 53 |
the license but has not yet received the state board's decision | 54 |
regarding the issuance or renewal. A treasurer who is | 55 |
automatically disqualified from service pursuant to this division | 56 |
shall not be entitled to the termination procedures in section | 57 |
3319.16 of the Revised Code. | 58 |
If the treasurer is reappointed as provided in this
section, | 65 |
the board shall execute a written contract of employment
for an | 66 |
initial four-year term and each four-year term thereafter.
A board | 67 |
of education that does not intend to reappoint its
treasurer, | 68 |
either after the treasurer's probationary term or
after a | 69 |
four-year term, shall give such treasurer written
notification of | 70 |
the board's intention not later than the first
regularly scheduled | 71 |
board meeting of October. If the board does
not give such notice | 72 |
by the specified date, the treasurer is
considered reemployed for | 73 |
a four-year term at a salary determined
by the board at its first | 74 |
organizational meeting in January. | 75 |
(C) A board may, at any regular or special meeting held | 76 |
during the period beginning on the first day of January of the | 77 |
calendar year preceding the year the treasurer's contract of | 78 |
employment expires and ending on the first day of March of the | 79 |
year the contract expires, re-employ the treasurer for a | 80 |
succeeding term for not longer than five years, beginning the | 81 |
first day of August immediately following the expiration of the | 82 |
treasurer's current term of employment and ending the thirty-first | 83 |
day of July. | 84 |
(D) Each board shall adopt procedures for the evaluation of | 85 |
its treasurer and shall evaluate its treasurer in accordance with | 86 |
those procedures. The board shall consider an evaluation based | 87 |
upon those procedures in deciding whether to renew the treasurer's | 88 |
contract. The establishment of an evaluation procedure shall not | 89 |
create an expectancy of continued employment. Nothing in this | 90 |
division shall prevent a board from making the final determination | 91 |
regarding the renewal or nonrenewal of a treasurer's contract. | 92 |
(E) Except for a treasurer who is automatically disqualified | 93 |
from service pursuant to division (B) of this section, termination | 94 |
of a treasurer's contract shall be in accordance with section | 95 |
3319.16 of the Revised Code. In the case of the termination of a | 96 |
treasurer's contract under that section, the duties assigned to | 97 |
the district treasurer under that section shall be performed by | 98 |
the district superintendent. | 99 |
(F) A governing board of an educational service center that | 100 |
is the taxing
authority of a county school financing district that | 101 |
levies a tax pursuant to
section 5705.215 of the Revised Code or a | 102 |
governing board of
an educational service center that chooses to | 103 |
act as the
governing board of the
educational service center | 104 |
pursuant to division
(D) of section 135.01
of the Revised Code | 105 |
shall appoint a treasurer in the manner
prescribed in this section | 106 |
for city, local, and exempted village
school districts. In the | 107 |
case of an educational service center governing
board that neither | 108 |
is
the taxing authority of a district that levies such tax nor | 109 |
chooses to act as the governing board of the educational service | 110 |
center
pursuant to division (D) of section 135.01 of the
Revised | 111 |
Code, the educational service center superintendent
shall act as | 112 |
treasurer of
such governing board, but the tenure, removal, and | 113 |
licensing provisions
described in this section shall not apply to | 114 |
himthe
superintendent. | 115 |
Sec. 3313.24. The(A) At the time of the appointment or | 116 |
designation of the term of office of the treasurer, subject to | 117 |
division (B) of this section, the board of education of each | 118 |
local, exempted village, or city
school district shall fix the | 119 |
compensation of its treasurer, which shall be
paid from the | 120 |
general fund of the district. No order for payment of the
salary | 121 |
of the treasurer of a local, exempted village, or city school | 122 |
district,
other than an island school district, shall be drawn | 123 |
until hethe
treasurer presents to the district board evidence | 124 |
that hethe
treasurer either holds a valid license issued under | 125 |
section 3301.074 of the
Revised Code or is an otherwise qualified | 126 |
treasurer, as defined in division (B) of section 3313.22 of the | 127 |
Revised Code. | 128 |
(C) The board may establish vacation leave for its treasurer. | 139 |
Upon the treasurer's separation from employment, the board may | 140 |
provide compensation at the treasurer's current rate of pay for | 141 |
all lawfully accrued and unused vacation leave to the treasurer's | 142 |
credit at the time of separation, not to exceed the amount accrued | 143 |
during the three years before the date of separation. In case of | 144 |
the death of a treasurer, unused vacation leave that the board | 145 |
would have paid to the treasurer upon separation shall be paid in | 146 |
accordance with section 2113.04 of the Revised Code or to the | 147 |
treasurer's estate. | 148 |
Sec. 3319.01. Except in an island school district, where
the | 165 |
superintendent of an educational service center otherwise may | 166 |
serve as
superintendent of the district and except as otherwise | 167 |
provided for any
cooperative education school district pursuant to | 168 |
division (B)(2)
of section 3311.52 or division (B)(3) of section | 169 |
3311.521 of the
Revised Code, the board of education in each | 170 |
school district
and the governing board of each service center | 171 |
shall, at a regular or special
meeting held not later than the | 172 |
first day of May of the calendar year in which
the term of the | 173 |
superintendent expires, appoint a person possessed of the | 174 |
qualifications provided in this section to act as superintendent, | 175 |
for a term
not longer than five years beginning the first day of | 176 |
August and ending on the
thirty-first day of July. Such | 177 |
superintendent is, at the
expiration of a current term of | 178 |
employment, deemed reemployed
for a term of one year at the same | 179 |
salary plus any increments
that may be authorized by the board, | 180 |
unless such
board, on or before the first day of March of the year | 181 |
in which
the contract of employment expires, either reemploys the | 182 |
superintendent for a succeeding term as provided in this section | 183 |
or gives to the superintendent written notice of its intention not | 184 |
to reemploy the superintendent. A superintendent may not be | 185 |
transferred to any other position during the term of the | 186 |
superintendent's
employment or reemployment except by mutual | 187 |
agreement by the superintendent
and the board. If a vacancy occurs | 188 |
in the office of superintendent, the board
shall appoint a | 189 |
superintendent for a term not to exceed five years from the
next | 190 |
preceding first day of August. | 191 |
A board may at any regular or special meeting
held during the | 192 |
period beginning on the first day of January of
the calendar year | 193 |
immediately preceding the year the contract of
employment of a | 194 |
superintendent expires and ending on the first
day of March of the | 195 |
year it expires, reemploy such superintendent
for a succeeding | 196 |
term for not longer than five years, beginning
on the first day of | 197 |
August immediately following the expiration
of the | 198 |
superintendent's current term of employment and
ending on the | 199 |
thirty-first day of July of the year in which such succeeding
term | 200 |
expires. No person shall be appointed to the office of | 201 |
superintendent of
a city, or exempted village school district or a | 202 |
service center who does not
hold a license designated for being a | 203 |
superintendent issued under section
3319.22 of the
Revised Code, | 204 |
unless such person had been employed as a county, city, or | 205 |
exempted village superintendent prior to August 1, 1939. No person | 206 |
shall be
appointed to the office of local superintendent who does | 207 |
not
hold a license designated for being a superintendent issued | 208 |
under section
3319.22 of the Revised Code, unless such person held | 209 |
or was
qualified to hold the position of executive head of a local | 210 |
school district on September 16, 1957. At the time of making
such | 211 |
appointment or designation of term, such board shall fix the | 212 |
compensation of the superintendent, which may be increased or | 213 |
decreased during such term, provided such decrease is a part of a | 214 |
uniform plan affecting salaries of all employees of the district, | 215 |
and shall execute a written contract of employment with such | 216 |
superintendent. | 217 |
Each board shall adopt procedures for the
evaluation of its | 218 |
superintendent and shall evaluate its
superintendent in accordance | 219 |
with those procedures. An
evaluation based upon such procedures | 220 |
shall be considered by the
board in deciding whether to renew the | 221 |
superintendent's contract. The
establishment of an evaluation | 222 |
procedure shall not create an
expectancy of continued employment. | 223 |
Nothing in this section
shall prevent a board from making the | 224 |
final
determination regarding the renewal or failure to renew of a | 225 |
superintendent's contract. | 226 |
A board may establish vacation leave for its
superintendent. | 229 |
Upon the superintendent's separation from
employment a board that | 230 |
has such leave may provide compensation at the
superintendent's | 231 |
current rate of pay for all lawfully accrued and unused
vacation | 232 |
leave to the superintendent's
credit at the time of
separation, | 233 |
not to exceed the amount accrued within three years
before the | 234 |
date of separation. In case of the death of a
superintendent, such | 235 |
unused vacation leave as the board would
have paid to this | 236 |
superintendent upon separation shall be
paid in accordance with | 237 |
section 2113.04 of the Revised Code, or
to the superintendent's | 238 |
estate. | 239 |
The superintendent shall be the executive officer for the | 244 |
board. The
superintendent shall direct and assign teachers and | 245 |
other employees of the
district or service center, except as | 246 |
provided in
division (B) of section 3313.31 and section 3319.04 of | 247 |
the Revised Code; assign the pupils to the proper schools
and | 248 |
grades, provided that the
assignment of a pupil to a school | 249 |
outside of the pupil's district of residence
is approved by the | 250 |
board of the district of residence of such pupil;
and perform such | 251 |
other duties as the board determines. | 252 |
Sec. 3319.04. The business manager shall have the care and | 258 |
custody of all
property of the school district, real or personal, | 259 |
except moneys, supervise
the construction of buildings in the | 260 |
process of erection, and the maintenance,
operation, and repairs | 261 |
thereof, advertise for bids, and purchase and have
custody of all | 262 |
supplies and equipment authorized by the board. HeThe business | 263 |
manager shall
assist in
the preparation of the annual | 264 |
appropriation resolution,; shall appoint and may
discharge, | 265 |
subject to confirmation by the board, noneducational employees, | 266 |
except as provided in division (B) of section 3313.31 of the | 267 |
Revised Code;
and shall prepare and execute all contracts | 268 |
necessary in carrying out this
section. | 269 |
Section 3. (A) Except as otherwise provided in this section, | 272 |
the amendment by this act of sections 3313.22, 3313.24, 3313.31, | 273 |
3319.01, and 3319.04 of the Revised Code shall not affect any | 274 |
terms or conditions of any employment contracts of school district | 275 |
or educational service center treasurers in force prior to the | 276 |
effective date of this section. | 277 |
(B) The requirement for evaluations of school district and | 278 |
educational service center treasurers, prescribed in division (D) | 279 |
of section 3313.22 of the Revised Code as amended by this act, | 280 |
shall apply to all treasurers beginning on the effective date of | 281 |
this section regardless of when their employment contracts became | 282 |
enforceable. However, the school district board of education or | 283 |
educational service center governing board is required to evaluate | 284 |
the treasurer currently employed by the board on the effective | 285 |
date of this section based on the treasurer's performance after | 286 |
that date and not for any period prior to that date. | 287 |
(C)(1) A treasurer employed by a school district or | 288 |
educational service center on the effective date of this section, | 289 |
whose term expires on or before January 31, 2008, is deemed | 290 |
re-employed, at the same salary plus any increments that the board | 291 |
of the district or service center may authorize, for a term | 292 |
beginning the day after the treasurer's current term expires and | 293 |
ending July 31, 2009, unless the board takes either of the | 294 |
following actions on or before October 31, 2007: | 295 |
(2) A treasurer employed by a school district or educational | 300 |
service center on the effective date of this section, whose term | 301 |
expires after January 31, 2008, is deemed re-employed, at the same | 302 |
salary plus any increments that the board of the district or | 303 |
service center may authorize, for a term beginning the day after | 304 |
the treasurer's current term expires and ending one year after the | 305 |
succeeding thirty-first day of July, unless the board takes either | 306 |
of the following actions: | 307 |
(D)(1) The board of a school district or educational service | 314 |
center may re-employ any treasurer employed by the board on the | 315 |
effective date of this section, whose term expires on or before | 316 |
January 31, 2008, at any regular or special meeting of the board | 317 |
during the period beginning on the effective date of this section | 318 |
and ending on October 31, 2007, for a succeeding term that begins | 319 |
the day after the treasurer's current term expires and ends July | 320 |
31 of 2008, 2009, 2010, 2011, or 2012. Thereafter, any additional | 321 |
succeeding term of a treasurer re-employed under division (D)(1) | 322 |
of this section shall be in accordance with section 3313.22 of the | 323 |
Revised Code as amended by this act. | 324 |
(2) A board may re-employ any treasurer employed by the board | 325 |
on the effective date of this section, whose term expires after | 326 |
January 31, 2008, in the manner prescribed in division (C) of | 327 |
section 3313.22 of the Revised Code as amended by this act. | 328 |
However, the succeeding term of that treasurer shall begin the day | 329 |
after the treasurer's current term expires and shall end July 31 | 330 |
of 2010, 2011, 2012, or 2013. Thereafter, any additional | 331 |
succeeding term of that treasurer shall be in accordance with | 332 |
section 3313.22 of the Revised Code as amended by this act. | 333 |
(E) If the board of a school district or educational service | 334 |
center provides notice under division (C)(1)(b) or (C)(2)(b) of | 335 |
this section of its intention not to re-employ a treasurer who is | 336 |
employed on the effective date of this section, the board may | 337 |
appoint the treasurer's successor at any regular or special | 338 |
meeting prior to the expiration of the current treasurer's term. | 339 |
The requirement, of division (A) of section 3313.22 of the Revised | 340 |
Code as amended by this act, to appoint a treasurer not later than | 341 |
the first day of May does not apply in that case. The term of the | 342 |
immediate successor appointed under this division shall begin the | 343 |
day after the current treasurer's term expires and shall end July | 344 |
31 of 2009, 2010, 2011, 2012, or 2013, but no longer than five | 345 |
years after the beginning date of that term. Thereafter, any | 346 |
additional succeeding term of a treasurer employed under this | 347 |
division or the term of any successor of that treasurer shall be | 348 |
in accordance with section 3313.22 of the Revised Code as amended | 349 |
by this act. | 350 |