Chapter 3354:2-3 Board of Trustees

3354:2-3-01 Organization of the board of trustees.

(A) The officers of the board of trustees (board) shall be a chair and a vice chair. Other officers may be elected as needed, consistent with the Ohio Revised Code.

(1) The board of trustees shall have its organizational meeting for the election of officers in January 2005 and in January of each second year thereafter.

(2) The chair shall preside at all meetings of the board. The vice chair shall preside in the absence of the chair.

(3) In the absence of the chair and vice chair, the board shall elect a chair pro tem. The chair pro tem shall vacate the chair upon the entrance of the chair or vice chair.

(4) In the event the chair resigns as chair, or at such time as the chair is no longer a member of the board of trustees, the vice chair shall assume the chair and a new vice chair shall thereupon be elected by the board.

(5) In the event the vice chair resigns as vice chair, or at such time as the vice chair is no longer a member of the board of trustees, a new vice chair shall thereupon be elected by the board.

(B) The board shall also elect, pursuant to section 3354.06 of the Revised Code, a secretary and a treasurer who are not members of the board.

(1) The secretary and treasurer shall report directly to the board.

(a) The secretary shall be the president of the college unless otherwise designated by the board.

(b) The treasurer shall be the vice president for administrative services unless otherwise designated by the board.

(2) The secretary shall record the minutes of all board meetings, shall maintain a record of all resolutions adopted by the board, and shall perform such other duties as may be authorized from time to time.

(3) The treasurer shall perform the duties set forth in section 3354.06 of the Revised Code and shall perform such other duties as may be authorized from time to time.

(C) Committees

(1) Finance, personnel, planning, and committee reports and resolutions shall be reviewed by the entire board as a "committee of the whole." Such meetings shall be held in advance of each regular meeting of the board and shall be chaired by the board chair.

(2) Committees of the board may be appointed by the chair of the board at any time, subject to the approval of the board. Such committees will have a specified purpose, length of service and designated chair.

(3) Committees consisting of board and non-board members may be appointed by the chair of the board at any time subject to approval of the board. A board member shall be chair of each such committee and the committee shall be advisory to the board. Upon completion of the assigned tasks, the service of such committee shall be terminated.

(4) No business can be transacted on behalf of the college by any committee.

(D) Membership of the board

(1) Any member of a board of trustees of higher education who fails to attend at least three-fifths of the regular and special meetings held by the board during any two-year period forfeits his/her position on the board as mandated by the Ohio Revised Code.

Replaces: 3354:2-3-01

Effective: 1/15/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates:1/15/1998, 1/15/2004

3354:2-3-02 Meetings of the board of trustees.

(A) Regular meetings

(1) Logistics

The dates, times, and locations for regular meetings of they board shall be established by a majority vote of the entire board. Once established, the schedule shall continue until changed by a majority vote of the entire board.

(2) Purpose and notification

An agenda for each regular meeting shall be prepared by the chair of the board and delivered to each member of the board at least forty-eight hours prior to the meeting. Included in the agenda materials shall be all supporting data needed for consideration of agenda items as well as regular reporting documents concerning the college. Copies of the complete agendas shall be made readily available to the public. The public may, upon request, obtain copies of all supporting material, except that material to be reviewed in executive session as provided by the Ohio Revised Code. At the beginning of each meeting the chair shall provide an opportunity for amending the agenda. Background and supporting materials for items added to the agenda shall be distributed as needed to the board and public when the action to amend is approved. All changes in the agenda shall be approved by a majority of the board members present at the meeting. A report by each board committee shall be a part of the regular agenda.

(3) Quorum

A majority of the members of the board shall constitute a quorum. Should a quorum not be present, a roll call shall be taken and the meeting adjourned.

(a) A majority of a quorum shall be sufficient to transact college business of an administrative nature. College business of an administrative nature shall be those routine and ordinary powers of the board as provided in the Ohio Revised Code which shall include:

(i) Acquisition of personal property as is necessary for the conduct of the program of the college;

(ii) Accept gifts, grants, bequests, and devises absolutely or in trust for support of the college;

(iii) Personnel matters including the employment and compensation matters requiring board action. Excluded from this section is the appointment of administrative officers;

(iv) Provide the necessary equipment means, and appliances and improvements to necessary lands and/or buildings;

(v) Receive and expend gifts or grants from the State for the payment of operating costs;

(vi) Retain consultants in the fields of education, planning, architecture, law, engineering or other fields of professional skill;

(vii) Purchase a policy ensuring the district against loss of, or damage to, property whether real, personal, or mixed, which is owned by the district or which is in the process of construction by or for the district;

(viii) Purchase fidelity insurance in such amounts and covering such trustees, officers, and employees of the district;

(ix) Purchase insurance insuring the district against any liability to which it may be subject on account of damage or injury to persons or property including liability for wrongful death.

(b) Resolutions shall be submitted to the board in writing and will require a majority vote of the members for approval.

(4) Rules of order

(a) The current edition of "Robert's Rules of Order" shall be taken as the authority for the transaction of business should the procedure, therefore, not be defined by law or elsewhere in this chapter.

(b) The business of the board at a regular meeting shall include roll call, minutes, communications, agenda amendments, report of the chair, participation of the public, reports of committees, administration reports, old business and new business. The chair shall establish a reasonable time limit for the public participation portion of the meeting. The order of business shall be established by the board.

(c) Action of the board shall be by resolution or motion and the vote shall be taken by a yes or no roll call or by voice vote, whichever is proper. The vote shall be entered into the minutes of the meeting.

(d) Resolutions may be read by title only, provided that copies of such resolutions have been provided to the media, posted in two designated locations, and made available to the public prior to the meeting.

(e) In the event an emergency arises which requires action before a full board meeting can be called, or if a meeting of the board is not possible, then the chair of the board shall take such action as he/she deems appropriate and shall report, for ET board ratification, the nature of the emergency, the circumstances, and the action taken to the board in writing as soon as practically possible, but no later than the next regular meeting.

(B) Special meetings

(1) Logistics

The dates, times, locations, and purposes for special meetings of the board shall be established by the board chair.

(2) Purpose and notification

Special meetings of the board may be called by the chair or at the request of at least three members of the board. Forty-eight hours notice, in writing, of such special meeting shall be delivered to each member of the board at his/her normal place of residence as it appears in the record of the district. Each notice shall state the logistics, agenda, subject or subjects to be considered, and the name of the person or persons requesting the meeting. No special meeting shall commence unless the required notice has been delivered to the residence of record of each board member unless the board member has personally waived such notice.

(3) Quorum

The provisions of a quorum for a regular meeting shall be the provisions of a quorum for a special meeting.

(4) Rules of order

(a) The current edition of "Robert's Rules of Order" shall be taken as the authority for the transaction of business should the procedure, therefore, not be defined by law or elsewhere in this rule

(b) The business of the board at a special meeting shall include only those items as identified for the purpose of the special meeting.

(c) Action of the board shall be by resolution or motion and the vote shall be taken by a yes or no roll call or by voice vote, whichever is proper. The vote shall be entered into the minutes of the meeting.

(d) Resolutions may be read by title only, provided that copies of such resolutions have been provided to the media, posted in two designated locations, and made available to the public prior to the meeting.

(C) Committee meetings

(1) Logistics

The dates, times, and locations for committee meetings shall be established by the chair of each committee.

(2) Purpose and notification

An agenda for committee meetings shall be prepared by the chair of each committee and delivered to each member of a committee at least forty-eight hours prior to the meeting.

(3) Quorum

A majority of the committee members shall constitute a quorum.

(4) Rules of order

The current edition of "Robert's Rules of Order" shall be taken as the authority for the transaction of business should the procedure, therefore, not be defined by law or elsewhere in this chapter

(D) Executive sessions

(1) Logistics

The dates, times, locations, and purposes for executive sessions of the board shall be established by the board chair.

(2) Purpose and noification

Members of the board may hold an executive session only after a majority of a quorum of the board determines, by roll call vote, to hold such a session and only at a regular meeting or a special meeting called for the purpose of the consideration of such matters, as allowed by the Ohio Revised Code.

(3) Ouorum

No business can be transacted on behalf of the college while the board is in executive session.

(4) Rules of order

The current edition of "Robert's Rules of Order" shall be taken as the authority for the transaction of business should the procedure, therefore, not be defined by law or elsewhere in this chapter

(E) Open meetings

All regular, special, and committee meetings of the board shall be open to the public.

(F) Public notice of meetings

(1) Any person may determine the dates, times, and locations of all regular meetings and the dates, times, locations, and purposes of all special meetings by:

(a) Writing to the following address: Lakeland (community college, 7700 Clocktower drive, Kirtland, Ohio 44094-5198 or:

(b) Calling the following telephone number during normal business hours: 440-525-7578.

(2) Any representative of the news media may obtain notice of all regular and special meetings by requesting, in writing, that such notice be provided. Such notice will only be given, however, to one representative of any particular publication or radio or television station. A request for such notification shall be addressed to: board secretary, Lakeland community college, 7700 clocktower drive, Kirtland, Ohio 44094-5198.

The request shall provide the name of the individual media representative to be contacted, his/her mailing address, and a maximum of two telephone numbers and one facsimile number where he/she can be reached. The board secretary shall maintain a list of all representatives of the news media who have requested notice of meetings pursuant to this rule .

(3) In the event of a special meeting not of an emergency nature, the board secretary shall notify all media representatives on the list of such meeting by doing at least one of the following:

(a) Sending written notice, which must be mailed no later than three calendar days prior to the day of the special meeting; or

(b) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting. Telephone or facsimile notice shall be complete if a message has been left for the representative, or, if after reasonable effort, the board secretary has been unable to provide such telephone notice.

(c) Informing such representatives personally no later than twenty-four hours prior to the special meeting. In the event of a special meeting of an emergency nature, the board secretary shall notify all media representatives on the list of such meeting by providing either the notice described in paragraph (F) (3) (b) of this rule or that described in paragraph (F) (3) (c) of this rule In such event, however, the notice need not be given twenty-four hours' prior to the meeting, but shall be given as soon as possible.

In giving the notices required by this rule, the board secretary may rely on assistance provided by any member of the college staff and any such notice is complete if given by such member in the manner provided in paragraph (F) (3) (c) of this rule.

Replaces: 3354-2-3-02

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/11/96

3354:2-3-07 Attorney for the college.

The attorney general shall be the attorney for the college and shall provide legal advice in all matters relating to the board's powers and duties.

Replaces: 3354:2-3-07

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/11/1996

3354:2-3-08 Financial records and audits.

(A) The treasurer, as designated by the board, is responsible for all Financial records and statements.

(B) An audit of the college's Financial records is to be performed by the auditor of state or his/her representative as provided by the Ohio Revised Code.

(1) Audit scope:

(a) An examination of the general purpose financial statement of the college as of and for the fiscal year ending June thirtieth.

(b) Tests of compliance with various provisions of state statutes, regulations, and applicable college policies and procedures.

(c) An examination of federal and state financial aid and other grant programs in accordance with applicable guidelines.

(2) They board shall participate in an exit conference at which time the audit results will be reviewed and explained by the auditor of state or his/her representative.

Replaces: 3354-2-3-08

Effective: 5/3/2004
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 1/11/96, 3/3/2003

3354:2-3-10 Public records policy.

(A) It is the policy of the Lake county community college district (hereinafter named as "district") that openness leads to a better informed citizenry, which leads to better government and better public policy. It is the policy of the district to adhere to the State of Ohio's Public Records Act. All exemptions to openness are to be construed in their narrowest sense and any denial of public records in response to a valid request must be accompanied by an explanation, including legal authority, as outlined in the Ohio Revised Code. If the request is in writing, the explanation for denial must also be in writing.

(B) The district, in accordance with the Ohio Revised Code, defines records as including the following: Any document - paper, electronic (including, but not limited to, e-mail), or other format - that is created or received by, or comes under the jurisdiction of the district that documents the district's organization, functions, policies, decisions, procedures, operations, or other activities. All records of the district are public unless they are specifically exempt from disclosure under federal or Ohio law.

(1) As required by Ohio law, records will be organized and maintained so that they are readily available for inspection and copying within a reasonable period of time during regular business hours.

(2) The district will also have available a copy of its current records retention schedule at a location readily available to the public.

(3) No public record may be removed from the office in which it is maintained.

(C) Each request for public records should be evaluated for a response using the following guidelines:

(1) If a public records request is ambiguous or overly broad, or the person making the request has difficulty making the request for copies or for inspection to the extent that the district is unable to reasonably identify the records being requested, the district may deny the request for records. However, the district must provide an opportunity to revise the request by informing the requester of the manner in which the records are maintained and accessed in the ordinary course of the district's duties.

(2) The requester does not have to put a records request in writing, and does not have to provide his or her identity or the intended use of the requested public record. It is the district's general policy that this information is not to be asked from the requester.

(3) Public records are to be available for inspection during the district's regular business hours. Public records must be made available for inspection as promptly as possible. Copies of public records must be made available within a reasonable period of time. "Promptly" and "reasonable" take into account the volume of records requested: the proximity of the location where the records are stored: and the necessity for any legal review of the records requested.

(4) The district is not required to allow the requester to make copies of the public record.

(5) Each request should be evaluated for an estimated length of time required to gather the records.

(6) Any denial of public records requested must include an explanation, including legal authority. If portions of a record are public and portions are exempt the exempt portions are to be redacted and the rest released. If there are redactions, each redaction must be accompanied by a supporting explanation, including legal authority.

(D) Those seeking public records will be charged only the actual cost of making copies, or the cost of an electronic medium (disc, CD, DVD). Those costs will be determined by the treasurer's office. Requesters may also ask that documents be mailed to them. Those parties will be charged the actual cost of the postage and mailing supplies. The district may require the requester to pay in advance the cost involved in providing the copy of the public record.

(E) Documents in electronic e-mail format, including an individual's private email accounts used to conduct public business, are records as defined by the Ohio Revised Code when their content relates to the business of the district office. E-mail is to be treated in the same fashion as records in other formats and should follow the same retention schedules.

(F) The custodian of records and other district personnel responsible for the inspection and/or copying of public records shall be provided a copy of this policy and shall acknowledge receipt.

(G) This policy shall be reproduced in the form of a poster and posted in a conspicuous place at the district's main campus and at the district's offsite facilities. This policy shall also be included in any employee manual or handbook.

(H) To ensure that the district complies with the requirements of Ohio's public records law, the board of trustees designate that the district's executive assistant to the president, as well as the vice President for administrative services and treasurer, shall attend training approved by the Ohio atorney general as provided in section of the revise code

Replaces: 3354:2-3-10

Effective: 4/14/2013
Promulgated Under: 111.15
Statutory Authority: 3354
Rule Amplifies: 3354
Prior Effective Dates: 4/14/2013