Am. H. B. No. 671 As Reported by the Senate Education Committee

Representatives Webster, Oelslager, Gilb, Peterson, Hughes, Seitz, McGregor, R., Hartnett, McGregor, J., Setzer, Reidelbach, Barrett, Book, Brown, Carano, Chandler, Coley, Combs, Domenick, Evans, C., Evans, D., Flowers, Luckie, Otterman, Patton, T., Perry, Schaffer, Schneider, Seaver, Williams, Wolpert

Senator Cates

A BILL

To amend sections 3313.22, 3313.24, 3313.31, 3319.01, 1
and 3319.04 of the Revised Code to revise the laws 2
on the employment of school district and 3
educational service center treasurers. 4

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3313.22, 3313.24, 3313.31, 3319.01, 5
and 3319.04 of the Revised Code be amended to read as follows: 6

       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 organizational~~a regular or special meeting held not later than 17
the first day of May, shall ~~elect~~appoint 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

       The board shall execute a written contract of employment with 22
the treasurer. 23

       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

       A treasurer shall not be transferred to any other position 32
during the term of the treasurer's employment or re-employment 33
except by mutual agreement by the treasurer and the board. 34

       Except in the case of the appointment of a treasurer pro 35
tempore pursuant to section 3313.23 of the Revised Code, if a 36
vacancy occurs in the office of treasurer, the board shall appoint 37
a treasurer for a term not to exceed five years from the preceding 38
first day of August. 39

       (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 ~~elect~~appoint 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

       ~~The treasurer shall initially serve for a two-year~~ 59
~~probationary term and thereafter, if reappointed, shall serve for~~ 60
~~a four-year term. Such treasurer may be removed at any time for~~ 61
~~cause by a two-thirds vote of the entire board. If the treasurer~~ 62
~~fails to maintain a valid license, he shall be removed by the~~ 63
~~board.~~ 64

       ~~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
~~him~~the 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

       A governing board of an educational service center which 129
chooses to act as the governing board of the educational service 130
center pursuant to division (D) of section 135.01 of the Revised 131
Code shall fix the compensation of its treasurer and pay its 132
treasurer in the manner prescribed in the section for local, 133
exempted village, and city school districts. 134

       (B) The compensation of the treasurer may be increased or 135
decreased during the treasurer's term of office, provided any 136
decrease is a part of a uniform plan affecting salaries of all 137
employees of the district. 138

       (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. 3313.31. (A) All the duties and obligations of the 149
county auditor, county treasurer, or other officer or person 150
relating to the moneys of a school district shall be complied with 151
by dealing with the treasurer of the board of education thereof. 152

       The treasurer shall be the chief fiscal officer of the school 153
district ~~and~~, shall be responsible for the financial affairs of 154
the district, and shall report to and is subject to the direction 155
of the district board of education. Except as otherwise required 156
by law, no treasurer shall be required to verify the accuracy of 157
nonfinancial information or data of the school district. 158

       (B) Notwithstanding any provision of the Revised Code to the 159
contrary, in all school districts and educational service centers, 160
the treasurer shall direct and assign employees directly engaged 161
in the day-to-day fiscal operations of the district or service 162
center, as those employees are so designated by the board of the 163
district or service center. 164

       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

       Termination of a superintendent's contract shall be pursuant 227
to section 3319.16 of the Revised Code. 228

       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

       Notwithstanding section 9.481 of the Revised Code, the board 240
of a city, local, exempted village, or joint vocational school 241
district may require its superintendent, as a condition of 242
employment, to reside within the boundaries of the district. 243

       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

       The board of education of any school district may contract 253
with the governing board of the educational service center from 254
which it otherwise receives services to conduct searches and 255
recruitment of candidates for the superintendent position 256
authorized under this section. 257

       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 2. That existing sections 3313.22, 3313.24, 3313.31, 270
3319.01, and 3319.04 of the Revised Code are hereby repealed. 271

       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

       (a) Re-employs the treasurer pursuant to division (D)(1) of 296
this section; 297

       (b) Gives to the treasurer written notice of its intention 298
not to re-employ the treasurer. 299

       (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

       (a) Re-employs the treasurer pursuant to division (C) of 308
section 3313.22 of the Revised Code, as amended by this act, and 309
division (D)(2) of this section; 310

       (b) On or before the ninetieth day prior to the date the 311
treasurer's term expires, gives to the treasurer written notice of 312
its intention not to re-employ the treasurer. 313

       (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, 2013, 2014, or 2015, but not longer than five 331
years after the beginning date of that term. Thereafter, any 332
additional succeeding term of that treasurer shall be in 333
accordance with section 3313.22 of the Revised Code as amended by 334
this act. 335

       (E) If the board of a school district or educational service 336
center provides notice under division (C)(1)(b) or (C)(2)(b) of 337
this section of its intention not to re-employ a treasurer who is 338
employed on the effective date of this section, the board may 339
appoint the treasurer's successor at any regular or special 340
meeting prior to the expiration of the current treasurer's term. 341
The requirement, of division (A) of section 3313.22 of the Revised 342
Code as amended by this act, to appoint a treasurer not later than 343
the first day of May does not apply in that case. The term of the 344
immediate successor appointed under this division shall begin the 345
day after the current treasurer's term expires and shall end July 346
31 of 2009, 2010, 2011, 2012, or 2013, but no longer than five 347
years after the beginning date of that term. Thereafter, any 348
additional succeeding term of a treasurer employed under this 349
division or the term of any successor of that treasurer shall be 350
in accordance with section 3313.22 of the Revised Code as amended 351
by this act. 352

Section 1. That sections 3313.22, 3313.24, 3313.31, 3319.01,	5
and 3319.04 of the Revised Code be amended to read as follows:	6

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 organizational~~a regular or special meeting held not later than	17
the first day of May, shall ~~elect~~appoint 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

The board shall execute a written contract of employment with	22
the treasurer.	23

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

A treasurer shall not be transferred to any other position	32
during the term of the treasurer's employment or re-employment	33
except by mutual agreement by the treasurer and the board.	34

Except in the case of the appointment of a treasurer pro	35
tempore pursuant to section 3313.23 of the Revised Code, if a	36
vacancy occurs in the office of treasurer, the board shall appoint	37
a treasurer for a term not to exceed five years from the preceding	38
first day of August.	39

(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 ~~elect~~appoint 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

~~The treasurer shall initially serve for a two-year~~	59
~~probationary term and thereafter, if reappointed, shall serve for~~	60
~~a four-year term. Such treasurer may be removed at any time for~~	61
~~cause by a two-thirds vote of the entire board. If the treasurer~~	62
~~fails to maintain a valid license, he shall be removed by the~~	63
~~board.~~	64

~~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
~~him~~the 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

A governing board of an educational service center which	129
chooses to act as the governing board of the educational service	130
center pursuant to division (D) of section 135.01 of the Revised	131
Code shall fix the compensation of its treasurer and pay its	132
treasurer in the manner prescribed in the section for local,	133
exempted village, and city school districts.	134

(B) The compensation of the treasurer may be increased or	135
decreased during the treasurer's term of office, provided any	136
decrease is a part of a uniform plan affecting salaries of all	137
employees of the district.	138

(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. 3313.31. (A) All the duties and obligations of the	149
county auditor, county treasurer, or other officer or person	150
relating to the moneys of a school district shall be complied with	151
by dealing with the treasurer of the board of education thereof.	152

The treasurer shall be the chief fiscal officer of the school	153
district ~~and~~, shall be responsible for the financial affairs of	154
the district, and shall report to and is subject to the direction	155
of the district board of education. Except as otherwise required	156
by law, no treasurer shall be required to verify the accuracy of	157
nonfinancial information or data of the school district.	158

(B) Notwithstanding any provision of the Revised Code to the	159
contrary, in all school districts and educational service centers,	160
the treasurer shall direct and assign employees directly engaged	161
in the day-to-day fiscal operations of the district or service	162
center, as those employees are so designated by the board of the	163
district or service center.	164

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

Termination of a superintendent's contract shall be pursuant	227
to section 3319.16 of the Revised Code.	228

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

Notwithstanding section 9.481 of the Revised Code, the board	240
of a city, local, exempted village, or joint vocational school	241
district may require its superintendent, as a condition of	242
employment, to reside within the boundaries of the district.	243

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

The board of education of any school district may contract	253
with the governing board of the educational service center from	254
which it otherwise receives services to conduct searches and	255
recruitment of candidates for the superintendent position	256
authorized under this section.	257

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