Chapter 3354:1-10 Board of Trustees

3354:1-10-01 Board of trustees: appointments, resignations, powers and indent duties, and general matters.

(A) Appointment and conditions of office of members of the board:

(1) Nine persons shall be appointed to the board. Six trustees shall be appointed by the Cuyahoga county executive and three trustees shall be appointed by the governor of the state of Ohio.

(2) Each appointment shall be for a term of five years except for those appointments made to fill an unexpired term.

(3) The trustees shall serve without compensation but may be paid for their necessary expenses when engaged in the business of the board.

(4) Before entering upon his or her official duties, each trustee shall take an oath that the trustee will honestly, faithfully, and impartially perform the duties of the office.

(B) Trustees may resign at any time during the term for which they were appointed by instrument in writing to that effect filed with the secretary of the district. Whenever for reason of death or resignation of a trustee there shall be a vacancy in the board, the secretary of the district shall notify the Cuyahoga county executive or the office of the governor of the state of Ohio depending upon the office which is to fill the vacancy.

(C) Powers and duties of the board:

(1) The board shall own and operate the college pursuant to an official plan prepared and approved in accordance with section 3354.07 of the Revised Code.

(2) The board may hold, encumber, control, acquire by donation, purchase or condemnation, construct, own, lease, use, and sell real and personal property as is necessary for the conduct of the program of the college on whatever terms and for whatever consideration may be appropriate for the purpose of the college.

(3) The board may accept gifts, grants, bequests, and devices absolutely or in trust for support of the college.

(4) The board may appoint the administrative officers, faculty and staff necessary and proper for the college, and fix their compensation.

(5) The board shall provide for the college necessary lands, buildings or other structures, equipment, means, and appliances.

(6) The board shall develop and adopt, pursuant to the official plan, the curricular programs identified in section 3354.01 of the Revised Code as arts and sciences programs and technical programs, or either. Such programs may include adult education programs.

(7) The board shall establish schedules of fees and tuition.

(a) The board shall establish such schedules for students who are residents of the district; residents of Ohio but not of the district; and students who are nonresidents of Ohio.

(b) Students who are nonresidents of Ohio shall be required to pay higher rates of fees and tuition than the rates required of students who are residents of Ohio but not of the district, and students who are residents of the district shall pay a smaller tuition and fee rate than the rate for either category of nonresident students.

(8) The board may authorize, approve, ratify, or confirm any agreement relating to the college with the United States government, acting through any agency of such government designated or created to aid in the financing of such projects, or with any person, organization, or agency offering grants in aid in financing such educational facilities or the operation of such facilities except as prohibited by law.

(9) The board may grant appropriate certificates of achievement to students successfully completing college programs.

(10) The board may prescribe policies regarding the effective management of the college, and exercise such other powers as are necessary for the efficient management of the college. The board shall appoint the president, who shall be responsible for establishing the procedures to carry out such rules or policies.

(11) The board may receive and expend gifts or grants from the State of Ohio for the payment of operating costs, for the acquisition, construction, or improvement of buildings or other structures, or for the acquisition or use of land. In no event shall state gifts or grants be expended for the support of adult education programs.

(12) The board may retain consultants in the field of education, planning, architecture, law, engineering, or other fields of professional skill.

(13) The board may purchase such policies of insurance as permitted by the Revised Code or as otherwise not prohibited by law.

(14) The board may exercise all other powers and duties authorized from time to time by the laws of the state of Ohio.

(D) General matters.

(1) The board shall adopt a seal, and shall keep records of all its proceedings, which records shall be open for public inspection to the extent required by law.

(2) A majority of the board shall constitute a quorum, and the board may act on any matter by majority vote of its whole membership. The board may designate in its rules and regulations matters of an administrative nature which may be acted upon by a vote of a majority of those present when a quorum is in session.

(3) Any rule or regulation adopted by the board to govern its own proceedings may, when not otherwise required by law, be temporarily suspended; provided that a majority of those present when a quorum is in session determine by affirmative vote that such action will serve the best interests of the college.

(4) The principal place of business of the college is "700 Carnegie Avenue, Cleveland, Cuyahoga County, Ohio."

(5) The board shall perform a biennial evaluation of the college president and the progress of the institution under the President's leadership in light of the strategic plan, annual goals, and other standards set by the board. The chairperson of the board shall be responsible for initiating the biennial evaluation and for holding more frequent performance review discussions with the president. The board may appoint a special committee to assist the body in carrying out the evaluation responsibility.

(6) Communications by college employees to the board.

(a) Communications to the trustees from college employees will be transmitted to the full board or, as appropriate, to a committee of the board by the college president or an executive vice president.

(b) All board responses to such communications will be made either through the president, an executive vice president or, as appropriate, by action in full board meetings.

(7) The bylaws of the board consist of rules 3354:1-10-01 to 3354:1-10-05 of the Administrative Code.

(8) The board shall review and evaluate college policies at regular intervals. The board will take action on the adoption, modification, or rescission of all policies.policies.

Effective: 1/29/2016
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: December 15, 2005

3354:1-10-02 Election and duties of board and college officers.

(A) Elections of board and college officers.

(1) Appointment of a nominating committee.

The chairperson of the board shall, at the regular meeting in April, or if the board meets in May, at its regular meeting in May, appoint a nominating committee consisting of three trustees. This committee shall prepare a proposed slate of officers of the board and the college and present it to the board at the regular meeting in June.

(2) Nominating committee deliberations.

The nominating committee will conduct its deliberations considering all board and college officer positions to be open. Any trustee can be selected for any board officer position. The nominating committee will, in developing a proposed slate of board officers, determine each individual's willingness to spend the time required by the offices.

(3) Officers of the board.

The board at its organization meeting shall elect a chairperson and a vice chairperson, both of whom shall be trustees. There shall be no automatic succession from vice chairperson to chairperson. The offices of chairperson and vice chairperson of the Board shall be rotated among those trustees who evidence a willingness to spend the time required by these offices. In the case of temporary absence or incapacity of the chairperson and the vice chairperson, the board may elect a chairperson pro tempore from among its membership.

(4) Officers of the college.

The board shall also elect a secretary and a -treasurer of the college. The president will normally be elected to fill the office of secretary. The board may elect such additional officers of the board and the college as it deems necessary. No college officer or other employee may be a trustee while employed by the college.

(5) Terms of office.

A term of office for the officers of the board and the college shall be for one year except in cases of death, resignation, incapacity, or removal. The officers shall serve until the close of the organization meeting of the board next following their election and until their respective successors are elected and qualify. The chairperson pro tempore, if any, shall serve at the pleasure of the board but in no event longer than the period of absence or incapacity of the chairperson and vice chairperson.

(6) Vacancies.

In the event a term of office is not completed, a vacancy in any board or college office (except that of trustee) may be filled for the unexpired term by election of the board without use of a nominating committee.

(B) Duties of board and college officers.

(1) The chairperson of the board shall preside at meetings of the board and may execute deeds, mortgages, bonds, contracts and other obligations authorized by the board in the name of the college and shall perform such other duties as the board may require.

(2) The vice chairperson of the board shall, during the absence or incapacity of the chairperson of the board exercise the powers of the chairperson of the board and shall perform such other duties as the board may require.

(3) A chairperson pro tempore of the board shall, during the absence or incapacity of the chairperson of the board and the vice chairperson of the board, exercise the powers of the chairperson of the board and shall perform such other duties as the board may require.

(4) The secretary shall keep records of all of the proceedings of the meetings of the board. The secretary shall be responsible for giving notice of meetings, and shall perform such other duties as the board may require.

(5) The treasurer shall be the college's fiscal officer, shall receive and, at the direction of the board, disburse all funds of the college, and shall perform such other duties as the board may require.

(6) Other officers shall perform such duties as the board may require.

(7) Notwithstanding any other provisions of these bylaws, but subject to the provisions of chapter 3354. of the Revised Code, the board at any time may limit the powers of all officers, delegate to any officer the power and duties of any other officer, rescind any action taken by any officer (subject to the rights, if any, of third persons) and control and remove any officer at any time.

Replace: 3354:1-10-02

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05

3354:1-10-03 Board of trustees: committees.

(A) The standing committees of the board shall be:

(1) Executive committee

(2) Access, Learning and Success

(3) Management committee

(4) Community affairs committee

(5) Investment committee

(6) Audit committee

(B) Special committees.

The board may by resolution establish special committees and subcommittees which shall be temporary and expire when determined by the establishing (or any subsequent) resolution, or if not determined by any such resolution, at the end of the fiscal year in which they were created unless renewed by a majority vote of a quorum present and voting at a regular meeting.

(C) Membership, voting, and terms of board committees.

(1) Membership.

(a) The access, learning and success, community affairs, management, investment and audit committees shall have at least three trustees with the committee chairperson being a trustee appointed by the board chairperson. The executive committee shall consist of the board chairperson, the board vice-chairperson, and the chairs of the access, learning and success, community affairs, and management committees. The chairperson of the board of trustees shall be the chairperson of the executive committee.

(b) Each special committee shall have from one to nine trustees, with the committee chairperson being a trustee appointed by the board chairperson.

(c) Each standing committee or special committee may have advisory (nonvoting) members who may be appointed by the board chairperson at the request of the committee chairperson. It is intended that this will enable non-trustees with some expertise, civic interest, or identification to contribute to the work of the college on a limited yet formal basis.

(2) Voting.

Only committee members who are trustees shall be entitled to vote on matters before the committee. Actions may be taken by an affirmative vote of a majority of committee members present. A member of the executive committee serving in more than one of the committee membership positions, shall represent each position without need for additional executive committee members, but shall have only one vote.

(3) Terms of office.

The terms of office for each committee chairperson, each trustee on a committee, and each advisory member on a committee shall be the shortest of (a) one year from appointment, (b) the duration of the committee, or (c) such term as may be identified by the chairperson of the board at the time the chairperson makes the appointment or thereafter. This paragraph shall not apply to members of the executive committee.

(D) Functions of the standing and special committees are as follows:

(1) The board may assign to all committees such duties as it sees fit. The board may issue guidelines for committee operations, in addition to any rules the board may set forth.

(2) Generally, committees shall function with the aid of college employees so as to evaluate assigned policies, issues, plans, proposals, and goals by ascertaining facts, studying questions, seeking alternatives, gaining the benefit of the experience and insights of interested or affected people in the community, and advising the board of its findings.

(a) Committees shall be responsible for formulating policies, plans, and goals in their assigned areas of responsibility and, to that end, shall review employee reports and communications duly submitted to the board, so as to benefit from such information in drawing up final recommendations for action to be considered by the board.

(b) Within the limit of their charge, committees shall function as extensions of the board with the right to call meetings, discuss policies and proposals, draft and submit reports for the consideration of the board, and engage in such other activities necessary and proper to fulfilling their charges.

(c) Such subcommittees as may be created shall function with the aid of college employees as the agents of their respective parent committees. Within the limit of their charge from the parent committee, subcommittees shall have the right to call meetings, discuss relevant matters, and draft and submit reports for the consideration of the parent committee. Each subcommittee shall include at least one trustee and may include advisory members. The committee chairperson shall make all appointments to subcommittees, shall determine the duration of subcommittees (which shall not be longer than the duration of the committee), and shall determine the terms of service of all subcommittee members.

(E) Charges of standing committees.

(1) The access, learning and success committee is hereby charged to advise the board concerning:

(a) Educational needs.

(i) Studying the nature and extent of educational needs and wants of the target population,

(ii) Reviewing periodically the educational programs of the college and identifying the gaps between what is needed and what is currently being provided,

(iii) Identifying educational program goals and formulating courses of action to coordinate the fulfillment of these unmet needs,

(iv) Establishing the order in which educational program needs are to be met.

(b) Official plan of the college.

(i) Overseeing the process of updating the college's official plan, and

(ii) Overseeing the annual detailed planning process that flows from the official plan (including the annual budget preparation process insofar as program content is concerned).

(c) Assessment of educational program effectiveness.

(i) Assessing, on the basis of periodical college employee reports and direct observation, the effectiveness of the educational programs of the college, and

(ii) Overseeing the establishment and operation of a program evaluation process and ensuring that such process is integrated with the planning processes of the college.

(2) The management committee is hereby charged to advise the board concerning:

(a) Financial operations.

(i) Monitoring and reporting to the board on the monthly financial reports of the college and taking appropriate action, if warranted, to preserve the financial position of the college, and

(ii) Reviewing the budget planning process of the district and the college, ensuring that it is sound technically and in terms of program needs.

(b) Personnel operations.

(i) Periodically examining and improving the college's human resources systems, including without limitation recruitment practices, salary comparability, and compensation plans,

(ii) Considering, as appropriate, revisions of and modifications to current human resources policies, procedures, and practices,

(iii) Promoting professional development and personal growth among all employees of the college and providing the leadership to monitor employee progress, and

(iv) Serving, as required, to support the recruitment effort for specified staff personnel.

(c) Contract administration.

(i) Reviewing periodically the contracting practices of the college to ensure that the system effectively and efficiently supports the college's mission, vision, values, plans, and goals,

(ii) Ensuring that the college provides adequate monitoring of contract performance of the college itself, and of the parties with whom the college has contracted.

(d) Facilities management.

(i) Reviewing all plans for new buildings or major renovations of existing buildings to ensure that the needs of the college are being met adequately and economically, and

(ii) Reviewing all proposals to buy land or buildings, and proposals for major leases.

(e) General administration.

(i) Periodically reviewing the organization chart of the college to ensure that it corresponds to actual practice and that its structure promotes effective and efficient management of the college, and

(ii) Ensuring that the policies and procedures of the college promote accountability, effectiveness, efficiency, and economy in operations.

(3) The community affairs committee is hereby charged to advise the board concerning:

(a) Communication with constituencies of the college.

(i) Inviting, soliciting, receiving and considering suggestions, criticisms and other communications from students and Cuyahoga county residents, and

(ii) Determining the most practical and meaningful ways to strengthen communications to and from students and community residents.

(b) Relations with educational and other groups and organizations.

(i) Promoting direct communication with organizations sharing or impacting any part of the college mission and recommending joint meetings and common programs where practical and useful, and

(ii) Exploring ways of generating financial and other support for the college from the Cuyahoga county community.

(c) Proposals for grants.

(i) Receiving and studying proposals for grants in aid from the federal or state government, national or local foundations, and other funds sources, to ensure that no duplication of service or effort is contained therein,

(ii) Ensuring that such proposals incorporate the best available ideas at a reasonable cost, and

(iii) Ensuring that proposals are consistent with the articulated mission, vision, values, and goals of the college.

(4) The executive committee is hereby charged as follows:

(a) To address such matters as may be referred to it by the board of trustees or the board chairperson.

(b) To exercise the authority of the board of trustees consistent with the policies of the board or with any action taken earlier by the board, but only in those emergency circumstances that do not permit the handling of a matter in the normally prescribed manner by the board; and further provided that any action taken by the committee under this paragraph shall be subject to ratification by the board of trustees at its next meeting.

(c) To make recommendations to the board regarding the selection, evaluation and contract of the president of the college.

(5) The investment committee is hereby charged as follows:

(a) Call a meeting of the committee at least quarterly.

(b) Review and recommend revisions to the investment policy.

(c) Advise the board on its investments to assist it in meeting its fiduciary obligations.

(d) Consider the use of advisory committee members as may be authorized under this rule and the investment policy.

(e) Retain an investment advisor meeting the requirements of applicable law and the investment policy and review the performance of the investment advisor.

(f) Make such other recommendations to the board regarding investments and the investment committee as it may deem advisable.

(g) Take such actions or make such recommendations to the board as may be required or authorized and deemed advisable under the investment policy.

(6) The audit committee is hereby charged as follows:

(a) Call a meeting of the committee at least bi-annually with an additional entrance and exit conference with the external audit firm.

(b) Oversee all external audits.

(c) Determine that the accounting system is efficient and effective, within the legal requirements structure.

(d) Ensure that the proper financial systems are maintained, reports issued, audits periodically performed and audit findings compiled expeditiously.

(e) Review annual financial statements (and such other financial statements or reports deemed advisable), internal controls, compliance as it relates to financial reporting and other accounting issues of the college.

(f) Consider the use of advisory committee members as may be authorized under this rule.

(F) Management of meetings of board committees and subcommittees.

(1) The chairperson of a committee and subcommittee shall notify the secretary or the secretary's designee as early as possible regarding the scheduling of meetings. The secretary or the secretary's designee shall be responsible for making the appropriate arrangements (securing a meeting place, notifying the committee or subcommittee members, having the minutes of the meeting taken) and rendering such technical assistance and consultation as is necessary to facilitate the business of the committee and subcommittee.

(2) Regular meetings shall be established by the decision of the majority of the members, and shall be as frequent as necessary to efficiently transact the business of the committee or subcommittee. Generally, there should be one meeting per month held at least one week prior to the scheduled regular board meeting, unless a different schedule is identified in this rule. This paragraph shall not require regular meetings of the executive committee. The executive committee shall meet upon the call of the chairperson of the executive committee.

(3) Special meetings may be called by the committee or subcommittee chairperson. The notice of meeting shall contain a statement of the agenda items to be considered at such a meeting.

(4) Joint committee and/or subcommittee meetings may be called for the consideration of matters of common interest and with the consent of the majority of each joining body. The voting rights of trustees at joint meetings shall be the same as at an individual meeting.

(5) Minutes of meetings shall be kept as a matter of record. College employees shall be provided by the assigned college representatives to ensure this is done. The following shall be recorded: the attendance, the nature and extent of participation in the policy making processes, and a summary of the actions taken and recommendations transmitted to the board.

(6) Reports of a committee shall be scheduled to be heard as agenda items at each regular board meeting. (Subcommittees shall report to committees.) Committee chairpersons are expected to report to the board at that time regarding the progress of committee work. Moreover, chairpersons are expected to make certain that any resolution recommendations made by the committee to the board are transmitted by the secretary to each trustee at least three calendar days prior to the board meeting at which such will be considered.

(7) Quorum is fifty per cent of the total voting membership of any committee or subcommittee.

The parliamentary authority for the conduct of meetings shall be the most current edition of "Robert's Rules of Order, Revised" except when it is inconsistent with Ohio law or previously adopted board policy.

(8) Public meetings will be held for the conduct of all committee business, with the exception being those matters reserved under division (G) of section 121.22 of the Revised Code for board executive session consideration. Executive sessions may be called for such matters; however, no policies or specific decisions will be acted upon in executive session. All other sessions shall be open to the public.

Effective: 1/1/2016
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354:1-10-03
Prior Effective Dates: 12/15/05, 06/12/06, 02/11/08, 12/13/10

3354:1-10-04 Board of trustee meetings: organization and conduct.

(A) The first meeting of the board after June thirtieth of each year, whether such meeting is a regular meeting or a special meeting, shall be the organization meeting of the board.

(1) Regular meetings of the board of trustees shall generally be held at one-thirty p.m., in the months of January, March, May, June, September, October, and December on the fourth Thursday at the principal place of business of the district.

(a) Subject to its bylaws, the board may declare a different time or location within Cuyahoga county for a regular meeting.

(b) No notice of any regular meeting need be given to the trustees when the regular meeting is held at one-thirty p.m. at the principal place of business of the district.

(c) The time and place of a regular meeting may be changed only after delivering written notice to each trustee of the time and place via email or to the trustee's home or business address as it appears in the records of the college (or to the trustee, personally), not less than twenty-four hours prior to such meeting, provided, however, that such notice shall be deemed to have been waived by the trustees who attend such a meeting.

(2) Special meetings of the board may be held at any time and place within Cuyahoga county. Special meetings may be called for either emergency or non-emergency reasons.

(a) Special meetings may be called by the chairperson of the board or by any two trustees.

(b) A non-emergency special meeting may be held only after delivering notice to the trustees of the time, place and purpose of the special meeting to each trustee personally, via email or by delivering the same in writing to the trustee's home or business address as it appears in the records of the college, not less than twenty-four hours prior to such meeting; provided that such notice shall be deemed to have been waived by the trustees who attend such a meeting.

(c) An emergency special meeting may be held only after giving notice to the trustees of the time, place and purpose of the special meeting to the trustee personally, via email or by delivering notice in writing to the trustee's home or business address as it appears in the records of the college; provided that such notice shall be deemed to have been waived by the trustees who attend such a meeting. Such notice must be given at least twenty-four hours in advance, if at the emergency special meeting it is proposed to:

(i) Amend these bylaws,

(ii) Approve or amend the official plan of the college,

(iii) Take action relating to the issuance of bonds or the levying of taxes in accordance with the provisions of section 3354.11 and section 3354.12 of the Revised Code,

(iv) Approve contracts in amounts exceeding two hundred thousand dollars, or

(v) Elect or remove officers of the board or the college.

(B) A majority of the trustees in office at the time shall constitute a quorum, provided that any regular meeting and any special meeting duly called, whether a quorum is present or not, may, by vote of a majority of trustees present, adjourn from time to time and place to place within Cuyahoga county, without notice other than by announcement at the meeting. At any meeting of the board at which a quorum is present, all questions and business relating to matters of an administrative nature, as defined below, shall be resolved or transacted upon the affirmative vote of not less than a majority of the trustees present. All other questions and business shall be resolved or transacted upon the affirmative vote of not less than a majority of all the trustees in office at the time.

(C) The term "matters of an administrative nature" as used in this rule and elsewhere in college policies and procedures shall include all business of the college of whatever nature that may be considered and acted upon by the board except the following:

(1) Amendments to the bylaws,

(2) Approve or amend the official plan of the college,

(3) Action taken relating to the issuance of bonds or the levying of taxes in accordance with the provisions of section 3354.11 and section 3354.12 of the Revised Code,

(4) Approval of contracts in amounts exceeding two hundred thousand dollars,

(5) The election and removal of officers of the board or of the college, and

(6) The selection and removal of the president of the college.

(D) The board encourages the public to attend its meetings. An opportunity will be provided at each meeting for members of the public to address the board.

(1) The board reserves the right to limit such presentations when necessary to permit the transaction of the business of the board.

(2) Individuals or groups (other than employees) wishing to have an item placed on the agenda for the next board meeting must submit a written request to the secretary of the college for consideration no less than two weeks prior to the meeting in question.

(E) The chairperson shall prepare a meeting agenda for each board meeting. Each meeting agenda shall consist of a consent items agenda (if any), and an action items agenda (if any). The board will carry out its meetings in a consent agenda format to help streamline meeting timelines and to provide time for presentations or discussions at the meetings as appropriate.

(1) Matters part of a "consent agenda" or "consent items agenda" will be subject to a collective voice vote.

(2) Matters part of an "action items agenda" will be subject to a roll call vote except when the bylaws explicitly state otherwise, and may be combined in a single roll call vote if authorized elsewhere in the bylaws.

(3) At meetings of the board, the consent agenda will be moved by the chairperson of the appropriate committee, or, in the chairperson's absence, by a trustee designated by the committee chairperson.

(4) The consent agenda may include (but is not limited to):

(a) All employee-related matters not delegated by the board to college administrative officers, and

(b) Regular academic matters, including without limitation curriculum changes, grants, contracts, gifts, and memberships.

(F) Items that are not part of the consent agenda will be action items, including without limitation the following items:

(1) Items that represent contracts for works of improvement or goods and services, which will be brought forward to action as outlined in college policies and procedures.

(2) Items approving, rescinding or modifying college policy.

(3) Items related to approving agreements or other relationships with external groups or organizations will be individual action items, but need not be roll call votes unless any dollar amounts involved require roll call votes.

(4) Items related to placing a levy on the ballot will be an individual action item.

(G) All action items not specifically designated in this rule as an "individual" action item will, unless otherwise required by law, be combined with similar or related items into a single roll call vote. Such combined vote shall have the same effect as if each action item in the combined vote had been separately called and voted upon. A trustee may, by request, require that any one or more action items be called and voted upon separately. Any such request should, in the interest of efficiency, be made to the board chairperson or appropriate committee chairperson prior to the meeting at which the item is to be considered.

(H) Agendas and support materials will be forwarded to the trustees for review at least one week prior to the scheduled regular meetings. Any trustee who has a question regarding an agenda item should contact the appropriate board committee chairperson or the Board/Chairperson. If additional discussion of the matter is needed to resolve questions or provide more information, the item may be placed on a future agenda or the action item agenda for voting purposes.

Effective: 1/22/2016
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05, 07/31/12

3354:1-10-05 Notification of meetings of the board to the public.

(A) In accordance with division (F) of section 121.22 of the Revised Code, the board must:

(1) Establish a reasonable method whereby any person may determine the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings.

(2) Make provisions for giving at least twenty-four hours advance notice of special meetings to the news media that have requested notification (except that in the event of emergency requiring immediate official action, immediate notice shall be given), and

(3) Make provisions for persons, upon request and for payment of a reasonable fee, to obtain reasonable advance notification of all meetings at which any specific type of public business is to be discussed.

(B) The office of the secretary.

Any person may visit or telephone the office of the secretary during the office's regular office hours to determine, based on information available at that office, the time and place of regular meetings; the time, place, and purposes of any then known special meetings; and whether the available agenda of any such future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting.

(C) Notification of news media.

Any news media that desire to be given advance notification of special meetings of the board must file with the secretary a written request therefor. Except in the event of an emergency requiring immediate official action, a special meeting shall not be held unless at least twenty-four hours advance notice of the time, place and purpose of such special meeting is given to the news media that have requested such advance notification in accordance with this rule.

(1) News media requests for such advance notification of special meetings shall specify the name of the requesting organization and the name and address of the person to whom written notifications to the medium may be mailed or delivered, and the name, addresses, and telephone numbers (including addresses and telephone numbers at which notification may be given either during or outside of business hours) of at least two persons to either one of whom oral notifications to the medium may be given and at least one telephone number that the request identifies as being one which can be called at any hour for the purpose of giving notification.

(2) Any such request shall be effective for one year from the date of filing with the secretary or until the secretary receives written notice from the requestor canceling or modifying such request, whichever is earlier. Each requestor shall be informed of such period of effectiveness at the time it files its request. Such requests may be modified or extended only by filing a complete new request with the secretary. A request shall not be deemed to be made unless it is complete in all respects. All requests may be conclusively relied on by the board and the secretary.

(3) The secretary shall give such oral notification or written notification, or both, as the secretary determines, to the news media that have requested such advance notification in accordance with this rule of the time, place, and purposes of each special meeting as will provide for receipt of such notification at least twenty-four hours prior to the time of such special meeting.

(4) In the event of an emergency requiring immediate official action, a special meeting may be held without giving twenty-four hours advance notification thereof to the requesting news media. One or more trustees calling such a meeting, or the Secretary on their behalf, shall immediately give oral notification or written notification, or both, of the time, place, and purposes of such special meeting to such news media that have requested such advance notification in accordance with this rule. The minutes or the call, or both, of any such special meeting shall state the general nature of the emergency requiring immediate official action.

(D) Notification of persons.

Any person, upon written request and as provided herein, may obtain reasonable advance notification of all meetings at which any specific type of public business is scheduled to be discussed.

(1) Such person may file a written request with the Secretary specifying the person's name, and the address(es) and telephone number(s) at or through which the person can be reached during the outside of business hours, and the specific type of public business discussions for which the person is requesting advance notification. Such request will be valid for six months, after which a new request may be filed. Such request may be canceled by notice from the person to the secretary.

(2) Each such request must be accompanied by cash, or a check or money order payable to the college, in the amount of one dollar for each month covered by the request, which amount has been determined by the board to represent a reasonable fee to cover costs of providing such advance notification.

(E) The secretary shall maintain a record of the date and manner, and time if pertinent under these rules, of all notices and notifications given or attempted to be given.

(F) Any notification provided herein to be given by the secretary may be given by the secretary's designee.

(G) Definitions. As used in these rules:

(1) "Day" means calendar day.

(2) "Meeting" means any prearranged discussion of the public business of the board by a majority of trustees.

Effective date: December 15, 2005

Replace: 3354:1-10-05

Effective: 12/15/2005
Promulgated Under: 111.15
Statutory Authority: 3354.09
Rule Amplifies: 3354.09
Prior Effective Dates: 12/15/05