Chapter 3356-1 Meetings; Board Members

3356-1-01 Definitions.

As used in Youngstown state university bylaws:

(A) "Board" means the board of trustees of Youngstown state university.

(B) "University" means Youngstown state university.

(C) "Chairperson" means the chairperson of the board of trustees of Youngstown state university.

(D) "Vice chairperson" means the vice chairperson of the board of trustees of Youngstown state university.

(E) "Trustee" means a member of the board appointed for a term of nine years, or for the remainder of such a terms, by the governor of the state of Ohio pursuant to section 3356.01 of the Revised Code.

(F) "Student trustee" means a student member of the board appointed by the governor of the state of Ohio pursuant to section 3356.01 of the Revised Code.

(G) "President means the president of Youngstown state university.

(H) "Secretary" means the secretary to the board of trustees of Youngstown state university.

Replaces: 3356:1-1-02

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97, 6/16/03

3356-1-02 Regular meetings.

(A) The board shall meet no less than four times each year and at such other times as may be necessary for the best interests of the university. Meetings shall be called at such times as the board prescribes, provided, however, that meetings will usually be held in the months of September, December, March, and June. At the time of the adjournment of each meeting, the board shall provide by resolution, the date, time, and place for holding the board's next regular meeting. No less than seven days prior to the date of a regular meeting the secretary shall provide written notice of said meeting to every member of the board. Notices may be hand-delivered or sent via facsimile or by first class mail to the residence or business address of a board member.

(B) Any board member may waive notice of a regular meeting. Attendance of a board member at a regular meeting shall constitute a waiver of notice of the regular meeting.

(C) Per note 3 to the bylaws, the ad hoc committee on trusteeship recommended a regular standing committee and board meeting schedule. The schedule recommended by the committee calls for standing committee meetings to be held on the second Tuesday and following Thursday of March, June, September and December, with two committee meetings on Tuesday morning and two on Thursday morning. The order of the standing committee meetings is subject to the discretion of the trustees; however, it is recommended that the finance and facilities committee generally be scheduled as the last committee to meet on Thursday. However, the board chairperson, in consultation with the finance and facilities committee chairperson, may schedule the finance and facilities committee meeting at a different time, as appropriate. The committee also recommended that the meeting of the board of trustees generally be held on the third Friday after the conclusion of the standing committee meetings. However, the board chairperson, in consultation with the president, may schedule standing committee and board meetings at different times, as appropriate.

Replaces: 3356:1-2-01

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/2/88, 10/10/97, 4/24/00

3356-1-02.1 Special meetings.

(A) Special meetings of the board may be called by written request (the "call") signed by the chairperson, the president, or by three trustees, and delivered to the secretary. The call for a special meeting shall specify the date, time, place, and purposes thereof, although other business than that specified in the call may be considered at any such meeting. Upon receipt of a call for a special meeting and no less than seventy-two hours prior to the time of commencement of the special meeting, the secretary shall provide notice of the special meeting to every member of the board and to the president. Notice of a special meeting shall include the date, time, place, and purposes thereof, as set forth in the call. Notice of a special meeting may be given in oral or written form and may be given directly to the board member by telephone or direct conversation, or by facsimile, hand delivery, or certified mail (return receipt requested) sent to the board member's residence or place of business.

(B) Any board member may waive notice of a special meeting. Attendance of a board member at a special meeting shall constitute a waiver of notice of the special meeting.

Replaces: 3356:1-2-02

Effective: 6/13/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-02.2 Emergency meetings.

In the event of an emergency wherein the best interests of the university require immediate official action by the board, the chairperson (or in his or her absence or disability, the vice chairperson) or the president (or in his or her absence, the provost of the university) may call an emergency meeting of the board. In such event, all reasonable effort shall be made to schedule the emergency meeting in order to permit all of the members of the board to attend the emergency meeting. In such event, all reasonable effort shall be made to notify all of the members of the board of the date, time, place, and nature of the emergency requiring immediate official action.

Replaces: 3356:1-2-03

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/10/97

3356-1-02.3 Place of meetings.

(A) All regular and special meetings of the board shall be held on university property unless otherwise specified by prior board action. The place of all board meetings shall be specified in the notice of the meeting.

(B) Emergency meetings of the board shall be held on university property unless in the judgment of the person or persons making the call, the circumstances creating the emergency render a meeting on university property either impractical or infeasible.

Replaces: 3356:1-2-04

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/19/97, 6/16/03

3356-1-02.4 Quorum.

(A) A majority of the trustees, when duly convened, shall constitute a quorum for the transaction of business at any meeting of the board. Student trustees shall not be considered in the determination of a quorum. If less than a majority of the trustees are present at said meeting, a majority of the trustees present may adjourn the meeting from time to time without further notice. When, upon reconvening any such adjourned meeting, a quorum is present, any business may be transacted which might have been transacted at the meeting as originally notified.

(B) At any meeting where a quorum is present, a majority vote of those present shall be required for any official action by the board, except as otherwise permitted by law or by the bylaws.

Replaces: 3356:1-2-05

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 5/22/89, 10/10/97

3356-1-02.5 Organization of meetings.

At each meeting of the board, the chairperson, or in the chairperson's absence, the vice chairperson, or in the absence of both, a chairperson pro tempore, chosen by the majority of the trustees present, shall preside. The secretary, or in the secretary's absence, any person appointed by the chairperson, shall keep the minutes of the meeting and otherwise perform the duties of secretary of the meeting.

Replaces: 3356:1-2-06

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-02.6 Order of business.

The order of business at all regular and special meetings of the board shall be as follows:

(A) Roll call.

(B) Proof of notice of meeting.

(C) Disposition of minutes (minutes shall be prepared and mailed to the board as soon as practicable after each board meeting in order that members may be prepared for discussion. Upon approval, all minutes shall be promptly recorded and open to public inspection.

(D) Recommendations of the president.

(E) Report of the president.

(F) Report of the committees of the board.

(G) Communications and memorials.

(H) Unfinished business.

(I) New business.

(J) Election of board officers (as pertinent).

(K) Time and place of next regular meeting of the board.

(L) Adjournment.

Replaces: 3356:1-2-07

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/19/97, 6/16/03, 10/28/05

3356-1-02.7 Parliamentary procedure.

Questions of parliamentary procedure shall be resolved in accordance with "Robert's Rules of Order." The secretary shall serve as the board's parliamentarian.

Replaces: 3356:1-2-08

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-02.8 Procedures for presentation of items to be considered.

(A) Any proposed action introduced by a board member which would substantially affect university policy, shall be presented to the other members of the board prior to the meeting at which the matter is to be considered by the board. The proposed action shall be submitted in sufficient time to allow the appropriate board committee to review such action and to make whatever recommendations to the full board it deems to be appropriate.

(B) The annual budget and all other major questions of university policy recommended by the president shall be presented to each member of the board prior to the meeting at which the matter is to be considered by the board. The proposed action shall be submitted in sufficient time to allow the appropriate board committee to review such action and to make whatever recommendations to the full board it deems to be appropriate.

(C) Any business to be presented to the board by other than a board member of the president shall be submitted in writing to the chairperson, who shall refer it to the appropriate board committee for consideration and possible action. The chairperson may direct that such business be placed on the agenda.

Replaces: 3356:1-2-09

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97, 6/16/03

3356-1-02.9 Public notice of meetings.

(A) Public notice of all board meetings shall meet or exceed that required by Ohio law.

(B) Any person or news medium may ascertain the time and place of all regularly scheduled board meetings and the time, place, and purpose of all special board meetings by:

(1) Written request mailed or delivered to the office of the president; or

(2) Inquiry by telephone or in person at the office of the president during normal business hours.

(C) Any news media representative may obtain notice of the time, place, and purpose of all special meetings of the board by requesting in writing that such notices be provided and by paying an annual fee of fifteen dollars to compensate the university for the special services required of it in providing such notice. Such notices will be furnished to one named representative of any particular publication or radio or television station. All requests for such notification shall be addressed to the secretary of the board of trustees of Youngstown state university. Each such request shall provide the name of the individual media representative to be contacted, his or her mailing address, his or her telephone facsimile number (if available), and not to exceed two telephone numbers at which such representative may be reached.

(1) The secretary shall maintain a list of all news media representatives who have requested notice of special meetings pursuant to this paragraph and who have paid the service charge described above (paragraph (C) of this rule). In the event of a special meeting (which is not of an emergency nature), the secretary shall notify each media representative on said list of such meeting by doing at least one of the following:

(a) Mailing written notice to the representative at his or her given mailing address, which written notice must be deposited in United States first class mail no later than three calendar days prior to the day of the special meeting;

(b) Calling the representative by telephone no later than twenty-four hours prior to the special meeting. Such telephone notice shall be deemed complete if a message has been left for the representative at either of his or her given telephone numbers or if, after reasonable effort, the secretary has been unable to provide such telephone notice;

(c) Sending notice addressed to the representative via telephone facsimile to the facsimile number provided by the representative;

(d) Informing such representative personally no later than twenty-four hours prior to the special meeting.

(2) In the event of an emergency requiring immediate official action, the individual or individuals calling the meeting shall direct the secretary to notify immediately those news media representatives appearing on the list described in this rule of the time, place, and purpose of the meeting.

(3) In furnishing the notices required by this rule, the secretary may rely upon the assistance provided by the president (or the president's designee), and any such notice shall be deemed complete if given in the manner provided in this rule.

(4) The secretary shall maintain a list of the names, addresses, telephone numbers, telephone facsimile numbers, and business affiliation, if given, of all persons who have provided written requests of all regular and special board meetings and of all news media representatives who have qualified for notices of special and emergency meetings.

Replaces: 3356:1-2-10

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03 Powers of the board.

The board shall have the power, not inconsistent with law or the bylaws, to do all things necessary for the proper maintenance and successful and continuous operation of the university. No individual trustee, student trustee, or committee of the board shall have authority to commit or bind the board or the university to any policy, action, or agreement unless specifically authorized by action of the board.

Replaces: 3356:1-3-01

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03.1 Officers of the board.

The officers of the board shall be the chairperson, the vice chairperson, and the secretary. The board may appoint such other officers or employees as the interests of the university require. Such officers and employees shall have such authorities and shall perform such duties as may be prescribed by the board.

Replaces: 3356:1-3-02

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03.2 Qualifications, election, and term of office.

The chairperson and vice chairperson shall be trustees. The qualifications of all other officers shall be determined by the board. The officers of the board shall be annually elected by the trustees at the board's last regular meeting of the university's fiscal year. Newly elected officers shall take office immediately following adjournment of the meeting at which they are elected and shall hold their offices until their successors are elected.

Replaces: 3356:1-3-03

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97, 1/6/03

3356-1-03.3 Chairperson.

The chairperson, when present, shall preside at all meetings of the board and perform generally all duties incident to the office of the chairperson and such other duties as may be assigned to the chairperson by the board. Unless contrary to board policy or these bylaws, the chairperson may assign any of the chairperson's duties to another trustee.

Replaces: 3356:1-3-04

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97, 1/6/03

3356-1-03.4 Vice chairperson.

In the event of a temporary vacancy in the office of the chairperson or at the request of the chairperson, or in the event of temporary absence or disability of the chairperson, the vice chairperson shall perform all the duties of the chairperson, and while so acting, shall have all the power and authority of, and be subject to the restrictions upon, the chairperson.

Replaces: 3356:1-3-05

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03.5 Secretary.

The secretary shall prepare and maintain, in the office of the president minutes of all meetings and proceedings of the board in one or more books provided for that purpose. The secretary shall give notice of all meetings of the board when required by the provisions of rules 3356-1-02 to 3356-1-02.2 and paragraph (c) of rule 3356-1-02.9 of the Administrative Code. The secretary shall serve as the board's parliamentarian. At the last regular meeting of the university's fiscal year, the secretary shall submit a written report of board member attendance at board and committee meetings for the preceding year. The secretary shall perform such other duties as from time to time may be assigned to the secretary by the board or the chairperson.

Replaces: 3356:1-3-06

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03.6 Attorney general.

The attorney general of the state of Ohio shall be the legal advisor to, and represent, the university and/or the board in all matters civil or criminal involving the university or the board.

Replaces: 3356:1-3-07

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03.7 Removal of board officers.

Any officer of the board may be removed as such officer at any time, either with or without cause, by resolution adopted by not less than six trustees at any regular meeting of the board. Any officer may be removed as such officer, either with or without cause, by resolution adopted by not less than six trustees at any special meeting of the board, provided that such removal action was indicated on the notices of such special meeting.

Replaces: 3356:1-3-08

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-03.8 Board committees.

(A) Membership. All trustees and student trustees shall be voting members of all board standing and special committees, unless otherwise provided by these bylaws. The president shall be a non-voting ex-officio member of all committees, unless otherwise provided.

(B) Standing committees. Per note 2 to the bylaws, the responsibility and authority of the board committees existing prior to the adoption of the new bylaws on June 15, 2001, as referenced in the university guidebook or other university documentation, are transferred to the board committees existing after such adoption as follows: academic affairs and student affairs committees transferred to the academic and student affairs committee; development committee transferred to the external relations committee; budget and finance committee and building and property committee transferred to the finance and facilities committee; equal opportunity, intercollegiate athletics, and personnel relations committees transferred to the internal affairs committee; executive committee transferred to the executive committee; and nominating committee transferred to the trusteeship committee. The board's standing committees and their respective duties and areas of responsibility shall be as follows:

(1) Academic quality and student success committee.

(a) To consider those matters which warrant board attention or require board action relating to:

(i) Academic policies which provide for and govern faculty teaching, research, and service;

(ii) Establishment of new academic programs, changes in or deletions of existing academic programs, and the issuing of certificates or the granting of degrees;

(iii) Policies which provide for and govern student recruitment, admission, financial aid, retention, and graduation, including but not limited to diversity issues, enrollment management, and general education requirements; policies which provide for and govern student housing and student life; and

(iv) Institutional mission, strategic and master plans, or relevant parts thereof, dealing with matters within the purview of the academic and student affairs committee.

(b) To assist the board in the exercise of its oversight responsibilities relating to those academic and administrative departments within the purview of the academic and student affairs committee.

(c) To exercise on behalf of the board ancillary jurisdiction as related to the above or as assigned by the board or its executive committee.

(2) External relations committee.

(a) To consider those matters which warrant board attention or require board action relating to:

(i) Policies which provide for and govern the external relationships established by or required of the university, excluding matters assigned to other of the board's standing committees;

(ii) Policies which provide for and govern university fundraising, including but not limited to institutional advancement through the annual fund, capital campaigns, special projects and solicitations;

(iii) Policies which provide for and govern continuing university relations with its graduates, including but not limited to alumni associational activity;

(iv) Policies which provide for and govern university operations directed toward effective public relations, marketing, and the enhancement of community good will;

(v) Policies which provide for and govern university public service in, and partnerships with, the larger community, or segments thereof, including but not limited to those relationships which are contractual; policies which provide for and govern university intergovernmental relationships, including but not limited to those with the city of Youngstown, Mahoning county, as well as with agencies and departments of state and federal governments; and

(vi) Institutional mission, strategic and master plans, or relevant parts thereof, dealing with matters within the purview of the external relations committee.

(b) To assist the board in the exercise of its oversight responsibilities relating to those administrative departments within the purview of the external relations committee.

(c) To exercise, on behalf of the board, ancillary jurisdiction as related to the above or as assigned by the board or its executive committee.

(3) Finance and facilities committee.

(a) To consider those matters which warrant board attention or require board action relating to:

(i) Financial and budgetary policies, including but not limited to the annual operating budget, and the capital improvement budget;

(ii) Policies governing investments and debt instruments issued by the university;

(iii) The financial and budgetary impact of major agreements, contracts, programs, plans or initiatives to be recommended to the board by any standing, ad hoc or special committee, including but not limited to recommendations regarding university personnel, insurance, and donations;

(iv) The acquisition of real property by purchase, gift, or eminent domain; the disposition of real property; the acquisition or disposition of significant property broadly classified as technology;

(v) Major projects, including but not limited to the construction, demolition, or remodeling of facilities, and, as appropriate, the selection of architects and engineers; and

(vi) Institutional mission, strategic and master plans, or relevant parts thereof, dealing with matters within the purview of the finance and facilities committee.

(b) To assist the board in the exercise of its oversight responsibilities relating to those administrative departments and functions within the purview of the finance and facilities committee, including but not limited to the conduct and scrutiny of the auditor's work product, of the annual audit, as well as of any special audits undertaken by (i) the university's office of internal audit, (ii) external auditors, and (iii) state auditor. Auditor's work product includes findings, management letters, and all other relevant documentation.

(c) To exercise on behalf of the board ancillary jurisdiction as related to the above or as assigned by the board or its executive committee.

(4) Internal affairs committee.

(a) To consider those matters which warrant board attention or require board action relating to:

(i) Policies which provide for and govern the internal administrative operations of the university, excluding matters assigned to other of the board's standing committees;

(ii) Policies which provide for and govern university employment where collective bargaining agreements apply, including but not limited to oversight of the collective bargaining process and review of negotiated agreements;

(iii) Policies which provide for and govern university employment exempt from collective bargaining agreements, including but not limited to oversight of contractual arrangements with exempt personnel;

(iv) Policies which provide for equal opportunity standards and govern equal opportunity practices in university employment and operations, including but not limited to implementation of affirmative action initiatives;

(v) Policies which provide for and govern the university's participation in intercollegiate athletics, including but not limited to issues of diversity and gender equity;

(vi) Policies which provide for the acquisition, development, access, and use of electronic technology; and

(vii) Institutional mission, strategic and master plans, or relevant parts thereof, dealing with matters within the purview of the internal affairs committee.

(b) To assist the board in the exercise of its oversight responsibilities relating to those administrative departments within the purview of the internal affairs committee.

(c) To exercise on behalf of the board ancillary jurisdiction as related to the above or as assigned by the board or its executive committee.

(C) Special committees. The board's special committees and their respective duties and areas of responsibility shall be as follows:

(1) Executive committee.

(a) The membership of the executive committee shall consist of the chairperson (presiding), the vice chairperson, and the chairpersons of each board standing committee: academic and student affairs, external relations, finance and facilities, and internal affairs. The president of the university shall be a non-voting ex-officio member of the executive committee. The executive committee will meet on an "as needed" basis to:

(i) Consider matters not within the assigned purview of any board standing, ad hoc, or special committee; the executive committee will report on such matters, as appropriate, to the board for its attention or action;

(ii) Make special assignments of particular matters not clearly within the purview of any board committee to one of the board's standing, ad hoc, or special committees; the designated committee will be instructed to report either to the executive committee or to the board;

(iii) Resolve jurisdictional ambiguities between or among the board's standing, ad hoc, or special committees;

(iv) Consider, in its entirety, any institutional mission statement, strategic or master plans, with recommendation to the board, as appropriate, for its attention or action;

(v) Consider matters of presidential assessment and compensation, with recommendation to the board, as appropriate, for its attention or action; for purposes of this consideration, the president of the university may be excused from the committee's proceedings; and

(vi) Consider other matters as appropriate to an executive committee or as assigned by the board.

(2) Trusteeship committee.

(a) The trusteeship committee shall be chaired by the chairperson, except as otherwise provided herein, and will meet on an "as needed" basis to:

(i) Consider proposed changes in the bylaws of the board, with recommendation to the board, as appropriate, for its attention or action;

(ii) Consider proposed changes in board and committee procedures, in full or in part, not stipulated in the bylaws, including but not limited to scheduling, administrative staff participation or assistance, etc., with recommendation to the board, as appropriate, for its attention or action;

(iii) Develop and schedule board retreats, workshops, seminars, orientation programs, and other special events, with recommendation to the board, as appropriate, for its attention or action;

(iv) Provide for periodic board self-evaluation and assessment;

(v) Recommend to the board nominees for its annual election of officers; such nominations to be presented to the board at its regularly scheduled quarterly meeting preceding its last regularly scheduled quarterly meeting of the university's fiscal year, at which time said election shall take place. When the trusteeship committee is engaged in the making of nominations, it shall be chaired by the trustee whose term is expiring and is, therefore, not eligible to serve as an officer. When the trusteeship committee is engaged in the making of nominations, the president of the university shall be excused from the committee's proceedings; and

(vi) Consider other matters as appropriate to a trusteeship committee or as assigned by the executive committee or the board.

(D) Ad hoc committees. The chairperson may appoint from time to time such ad hoc committees as may be required for the proper and continuous operation of the university; however, an ad hoc committee shall not be appointed to consider matters which lie entirely within the purview of a standing or special committee. The chairperson shall determine the membership of the ad hoc committee and when the work of the ad hoc committee is completed.

(E) Committee chairperson and vice chairperson. The chairperson shall appoint the chairperson and vice chairperson of each standing committee, subject to the approval of the board. Committee chairpersons and vice chairpersons shall be trustees. The chairperson will not be a chairperson or vice chairperson of a standing committee.

Per note 3 to the bylaws, the ad hoc committee on trusteeship recommended guidelines for the appointment of standing committee chairpersons and vice chairpersons. The guidelines recommended are that the four most senior trustees serve as committee chairpersons and that the remaining trustees serve as committee vice chairpersons.

(F) Quorum and conduct of committee meetings. Per note 1 to the bylaws, the ad hoc committee on trusteeship recommended a regular standing committee and board meeting schedule. The schedule recommended by the committee calls for standing committee meetings to be held on the second Tuesday and following Thursday of March, June, September and December, with two committees meeting on Tuesday morning and two on Thursday morning. The order of the standing committee meetings is subject to the discretion of the trustees; however, it is recommended that the finance and facilities committee generally be scheduled as the last committee to meet on Thursday. However, the board chairperson, in consultation with the finance and facilities committee chairperson, may schedule the finance and facilities committee meeting at a different time, as appropriate. The committee also recommended that the meeting of the board of trustees generally be held on the third Friday after the conclusion of the standing committee meetings. However, the board chairperson, in consultation with the president, may schedule standing committee and board meetings at different times, as appropriate.

(1) Six members of a standing committee (including the president and student trustees) shall constitute a quorum, unless otherwise provided. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee. However, regardless of the existence of a quorum in number, at least one of the following four persons must be present at a committee meeting in order for the committee to conduct business:

(a) the chairperson,

(b) the vice chairperson,

(c) the committee chairperson, or

(d) the committee vice chairperson.

(2) A majority of the members of a special or ad hoc committee, including the president and any student trustees, shall constitute a quorum. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the committee.

(G) Rules. Each committee may adopt rules for its own government not inconsistent with these bylaws or any rule adopted by the board.

Replaces: 3356:1-3-09

Effective: 10/28/2005
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 11/21/88, 10/10/97, 4/24/00, 1/6/03, 6/16/03

3356-1-03.9 Student trustees.

Section 3356. 01 of the Revised Code provides for appointments of two students to the board, but provides that student trustees shall have no voting power on the board, that student trustees shall not be considered as members of the board in determination of a quorum, and that student trustees shall not be entitled to attend executive sessions of the board.

Replaces: 3356:1-3-10

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 5/1/89, 10/10/97, 1/6/03

3356-1-03.10 Permanent vacancies.

In the event of a permanent vacancy in the office of the chairperson or vice chairperson, the remaining trustees may elect a successor to fill such permanent vacancy. What constitutes a "permanent vacancy" shall be determined by the board.

Replaces: 3356:1-3-11

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 10/10/97, 1/6/03

3356-1-04 President of the university, faculty, and staff.

The board shall employ the president of the university and shall employ, fix the compensation of, and remove employees as may be necessary. The board shall do all things necessary for the proper maintenance and successful continuous operation of the university and may act under such policies and bylaws as it may approve.

Replaces: 3356:1-4-01

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97, 6/16/03

3356-1-04.1 Other personnel.

The employment, classification, wage scales, and dismissal of all personnel, not otherwise under contract to the board of trustees, shall follow the policies established by the board and the law of the state of Ohio.

Replaces: 3356:1-4-02

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/26/86, 10/10/97, 6/16/03

3356-1-04.2 Reports to the board.

(A) Budget. At the meeting next preceding the board's last regular meeting of the university's fiscal year, the president shall present to the board the draft budget for the ensuing fiscal year. The budget shall be presented in a form showing estimated income and the allocations for the university's major areas of expenditure in accordance with general account classifications of the state of Ohio and shall be accompanied by a review describing the major changes. As may be necessary, the budget may be revised from time to time by the board. After approval by the board, the budget shall govern financial transactions. The president shall establish procedures for the expenditure of all budgeted funds in accordance with the regulations of the board. In administering the budget, the president may make or authorize transfers or adjustments in individual budget accounts or in local unrestricted accounts provided that no such action shall increase the total of budgeted expenditures.

Whenever income fails to meet budgeted income, the president shall direct reductions in budgeted expenditure of a corresponding amount.

(B) Revisions of fees and other charges. From time to time, but no less than annually, the president shall recommend to the board for its approval a continuation or revision of the instructional fees, tuition, general fees, and other uniform charges which the president may deem appropriate.

(C) Service charges. The president may fix and announce other fees, fines, and rental or service charges. No such other fees or charges shall be imposed until authorized by the president.

(D) Purchase of insurance.

(1) The president shall cause to have prepared and submitted to the board, at or before its first regular meeting after January first of each year, a report that tabulates all insurance policies in force, including coverage, current premiums and premiums paid during the previous two years, and agents servicing these policies. This report shall include, but is not limited to, general, fire, liability, bonds, property, automobile, comprehensive, officers and directors' liability, medical and hospitalization contracts, or any other policy for the protection of Youngstown state university's personnel and property.

(2) All insurance shall be purchased through the president or his or her designee.

(E) Inventory of real property. At the close of each fiscal year, the president shall cause to be prepared and submitted to the board, at or before its first regular meeting after September first of each year, an inventory of all real property managed, owned, leased, rented, or under option to the university. This report shall include acreage held and estimate of land and building values, a general statement on the condition of the physical plant, and such other details as may be directed by the board or the president.

(F) Annual financial report. At the end of each fiscal year, the president shall cause to be prepared and submitted to the board, at its first regular meeting after the audit of the university has been released by the auditor of state, a comprehensive financial report. The report should summarize all financial transactions, note changes in fund balances, and tabulate expenditures in accordance with generally accepted accounting principles for state agencies.

Replaces: 3356:1-4-03

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 11/21/88, 10/19/97, 6/16/03

3356-1-04.3 Purchasing practice.

All purchases by the university shall be made in accordance with the policies of the board and the law of the state of Ohio.

Replaces: 3356:1-4-04

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/26/86, 10/10/97, 6/16/03

3356-1-05 Auxiliary agencies.

(A) As recommended by the president and approved by the board, certain university operations whose income includes substantial amounts of other than imposed fees or appropriated revenue, shall be designated as auxiliary services. For budgeting purposes, an auxiliary service is a fiscal entity. The president shall cause to be prepared and submitted to the board, at or before its first regular meeting after September first of each year, an annual report including an itemization of income and expenditures and a resume of the operation for the year.

(B) Except for those auxiliary activity accounts otherwise restricted, there may be a transfer of balances among them or to other university purposes as directed by the president with the approval of the finance and facilities committee.

(C) The rental policies of the university as approved by the board also apply to all auxiliary activity facilities.

Replaces: 3356:1-5-01

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97, 6/16/03

3356-1-06 Degrees and certificates.

Degrees, titles, and certificates shall be awarded by the board upon recommendation of the university faculty and transmitted to the board by the president. All diplomas issued to those receiving degrees and titles from the university shall be signed by the chairperson, the president, and the secretary. Facsimile signatures may be used.

Effective: 8/16/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/19/97, 6/16/03

3356-1-07 Appearances before governmental offices.

Subject to specific control by the board, the preparation and presentation of requests for appropriations from the state of Ohio, and all appearances, communications, and representations made on behalf of the university with all federal, state, and local government offices, boards, and agencies, shall be under the direction of the president. Unauthorized appearances, communications, and representations before federal, state, and local government offices, boards, and agencies are hereby prohibited.

Replaces: 3356:1-7-01

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-07.1 Use of university facilities.

The use of university facilities shall be governed by such rules and regulations as may be promulgated by the president.

Replaces: 3356:1-7-02

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 8/26/86

3356-1-08 Statement of purpose.

The bylaws, including additions or amendments, outline the major administrative and governing functions of the board. Detailed rules, policies, and ordinances for the operation of the university may be enacted or amended by action of the board or may be promulgated by the president, provided such shall not conflict with policies or bylaws of the board.

Replaces: 3356:1-8-01

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-08.1 Rules and policies: promulgation, amendment, and repeal.

Detailed rules and policies for the organization, administration, and operation of the university may be promulgated, amended, and repealed by the board in consideration of recommendations of the president.

Replaces: 3356:1-8-02

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-08.2 Amendments to bylaws.

(A) The bylaws may be altered, amended, or repealed, and new bylaws may be adopted by affirmative vote of not less than six trustees at any regular meeting or special meeting of the board. Any proposed alteration, amendment, repeal, or adoption of all or any part of the bylaws shall first be announced at a meeting of the board (regular or special). Action on the proposal may not be taken until the next meeting of the board (regular or special).

(B) Amendments to the bylaws shall be effective upon adoption by an affirmative vote of not less than six members of the board.

Replaces: 3356:1-8-03

Effective: 6/16/2003
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: Prior to 11/4/77, 10/10/97

3356-1-09 Development and issuance of university policies.

(A) Policy statement. All university policies and rules fall within a greater hierarchy of laws, statutes and regulations. The Youngstown state university board of trustees has been authorized by the Ohio legislature to do all things necessary for the creation, proper maintenance, and successful continuous operation of the university (section 3356.03 of the Revised Code). As may be appropriate, the board of trustees exercises its governance authority through the issuance of university policies. All university policies shall be developed, approved, and published in accordance with the standards and format set forth in this policy and as required by the Ohio legislative service commission ("LSC").

(B) Purpose. To provide a procedure for the development and enactment of university policies in order to maintain accountability and consistency.

(C) This policy applies to all university divisions, colleges, departments, sections, units, or any other categories within the university and to all individuals within these categories seeking to develop, enact, revise, or review university policies.

(D) Definitions.

(1) "University policy" - a written directive or governing principle that is formally approved by the board of trustees, which has broad application throughout the university. Policies connect the university's goals and mission to individual conduct, fiscal responsibility, and institutional expectations, and support compliance with laws and regulations.

(2) "Policy statement - a concise statement of principles, values, and/or intent that provide context for the policy.

(3) "Purpose" - a brief explanation of why the policy is needed.

(4) "Procedure" - the operational processes required to implement a policy including any required training. A procedure may be included in the policy or an administrative unit or officer may be charged with developing procedures to implement the policy.

(5) "Guidelines" - statements which are necessary to clarify and explain the policy (also known as parameters).

(6) "Scope" - defines what entities or individuals are covered by a policy.

(7) "Responsible division or office" - the university unit charged with the development and administration of a policy and its procedures.

(8) "Responsible officer" - the highest ranking university officer charged with administrative responsibility for a policy that falls within his/her administrative unit, typically a divisional vice president or chief officer.

(9) "Board committee" - the committee of the board of trustees with purview over those matters of university operations which are the subject matter of the policy.

(E) Procedure.

(1) A new university policy or a proposed revision or rescission of an existing policy may be initiated by the individual accountable for any department or unit, such as a chairperson, director, executive director, senates, councils, and committees (hereinafter, the "policy initiator").

(2) The formal submission of a policy to the board of trustees shall originate from the president, a divisional vice president or senior executive, or the board of trustees. However, an appropriate designee may be named to manage the policy through the development, submission, and issuance process.

(3) Each divisional vice president or senior executive is responsible for ensuring that all existing policies assigned to his/her division are reviewed on a five-year cycle. A policy may be reviewed or rescinded or a new policy proposed at any time in response to university needs or statutory requirements.

(4) Proposed revisions to existing policies shall be clearly identified and contrasted with existing language.

(5) A draft copy of the policy shall first be forwarded to the president general counsel, the divisional vice presidents, and the responsible officer for timely review and feedback. These individuals may also forward the draft to their administrative units for timely review and comment. Comments are to be returned to the policy initiator.

(6) The president may utilize any appropriate council, committee, or forum to obtain campus-wide perspective or input.

(7) During the review process, the policy initiator may incorporate relevant modifications which are consistent with existing policies and applicable regulations. If the policy is further modified, a draft will again be circulated to the president, general counsel, and divisional vice presidents for final review.

(8) Prior to submission to the board of trustees, the policy shall be presented to the appropriate board committee for review and comment.

(9) At the conclusion of the review process and prior to submission to the board of trustees for approval, the policy initiator shall incorporate those proposed revisions which are relevant, reasonable, and consistent with existing policies and applicable regulations.

(10) The responsible officer or his/her designee shall submit the final draft to the board of trustees for approval.

(11) The office of equal opportunity and policy compliance or the office with current responsibility for university policies shall monitor and assist the appropriate responsible officer or designee and/or the policy initiator through the development, submission, and issuance process.

(12) Following approval by the board of trustees, the policy will be filed with the legislative service commission and posted on the university webpage designated for university policies and rules (see Paregraph (H) of this policy).

(F) Policy format.

(1) Policies shall be written, numbered, and submitted for LSC filing in accordance with LSC requirements.

(2) All policies shall be submitted for internal review and posting in LSC format and with a header containing the following information:

(i) Responsible division/office;

(ii) Responsible officer;

(iii) Revision history;

(iv) Board committee;

(v) Effective date; and

(vi) Next review.

(3) The body of the policy shall conform to the following order and requirements:

(i) Policy statement (required section);

(ii) Purpose (required section);

(iii) Scope (required section);

(iv) Procedure (required; however, when an administrative unit/officer is charged with the development of procedures, then this assignment shall be noted);

(v) Sections or information necessary to ensure comprehension of and compliance with the policy, such as definitions, guidelines, sanctions, reference to applicable regulations and/or university policies.

(G) Policy numbering system.

(1) All Youngstown state university policies are numbered and begin with 3356, which denotes the Revised Code chapter by which the Ohio legislature created the university and the LSC agency number assigned to the university for filing purposes. The agency number (3356) is followed by two numbers, which designate, respectively, the area of administrative responsibility within the university (also known as the LSC chapter number) and the specific policy number. A policy which serves to supplement an original policy shall be assigned the number of the original policy followed by a period (.) and an additional digit (e.g., a supplemental policy to policy 01 would be numbered 01.1 ).

(2) For purposes of this policy, the areas of administrative responsibility are assigned the following numbers:

(a) Governance (includes bylaws of the board of trustees and process-oriented elements of governing, such as drafting and numbering of university policies) - 01.

(b) Equal opportunity and diversity - 02.

(c) Budget and finance - 03.

(d) Facilities - 04.

(e) Advancement - 05.

(f) Intercollegiate athletic - 06.

(g) Human resources - 07.

(h) Student affairs - 08.

(g) Administration and personnel - 09.

(h) Academic affairs - 10.

(H) Posting/publication.

(1) The latest version of all university policies shall be posted on a university webpage designated for university policies and rules and shall be listed by policy number, administrative responsibility, and alphabetically by title. The office of equal opportunity and policy compliance, or the current equivalent office, shall oversee and maintain the official university policy and rule webpage.

(2) For one year from the effective date of this policy, current and revised university policies shall be cross-referenced with the previous internal policy number. New policies shall be numbered pursuant to this policy.

(I) Conflicts.

(1) In the event of a conflict between a university policy and a school or departmental administrative or operational policy or rule, the university policy shall take precedence unless the school or department can demonstrates an overriding need for its policy and the use of the conflicting policy is approved by the president. The school or department shall notify the office of equal opportunity and policy compliance of the conflict and the office of equal opportunity and policy compliance shall take necessary action to correct the conflict where possible.

Replaces: 3356:1-10-01

Effective: 1/23/2012
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 8/16/10

3356-1-10 Development and authorization of institutional procedures.

(A) Policy statement. The university's board of trustees empowers the president to adopt and implement rules and regulations consistent with board policies which are necessary for the operation of the university.

(B) Purpose. To provide guidance for the establishment of institutional procedures to insure the effective operation of the university.

(C) Definition. "Institutional procedures" are defined as operating guidelines established by the university to assist in the implementation of university policies established by the board of trustees.

(D) Parameters.

(1) An institutional procedure shall describe the scope and directive of the procedures and reference any applicable board policy.

(2) Institutional procedures may be developed or revised by the president, his/her designee, or the individual accountable for any department or unit (chairperson, director, executive director, etc.). Senates, councils, and committees may also develop or revise institutional procedures through the appropriate department or unit.

(3) Accuracy of the procedures is the responsibility of the individual accountable for the development of the procedure.

(E) Procedures.

(1) A new institutional procedure shall be noted as such during the review process. Proposed revisions to an existing institutional procedure shall be clearly identified and contrasted with existing language.

(2) A draft of a new or revised procedure shall be forwarded to the appropriate divisional vice president for timely review and feedback. After review within the division, the appropriate vice president shall forward the procedure to the president to determine if further review is necessary.

(3) The president may utilize a university body to facilitate discussion and obtain campus-wide perspective and input.

(4) After all reviews have been completed, the appropriate divisional vice president, or his/her designee, shall insure that the procedure includes a designation of the responsible division/office, an effective date, and is published on the web page of the division/office responsible for its implementation.

(5) Institutional procedures should be reviewed on a regular basis to insure relevance and applicability.

Replaces: 3356-1-10

Effective: 4/23/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 6/16/03, 8/16/10

3356-1-11 Divisional administrative procedures.

(A) Policy statement. The Youngstown state university board of trustees has endorsed the collegial system of governance and recognizes that the day-to-day internal administration of the university is best achieved by delegating formal authority to the president, who in turn delegates appropriate authority to various administrative officers. The president delegates to the divisions of the university responsibility and authority for academic affairs, business and financial affairs, development and community affairs, and student affairs finance and business operations, and legal affairs and human resources.

(B) Purpose. To establish a process for the divisions of the university to promulgate procedures to execute the plans and programs of the university and administer university affairs.

(C) Definition. Divisional administrative procedures ("administrative procedures") are operational guidelines established by divisions of the university to assist in the implementation of the goals and objectives of the division. Administrative may impact the entire university community.

(D) Parameters.

(1) The drafting and review of administrative procedures shall follow, to the extent possible, the format contained in rule 3356-1-09 of the Administrative Code ("Development and issuance of university policies").

(2) An administrative procedure shall identify which division authorized the procedure, the department or unit within the division that is responsible for implementation of the procedure, and its effective date.

(3) Administrative procedures may be developed or revised by the individual accountable for any department or unit (chairperson, director, executive director, etc.). Divisional councils or committees may also develop or revise administrative procedure through the appropriate department or unit. When revising existing administrative procedures, proposed modifications should be clearly identified and contrasted with existing language.

Accuracy of the administrative procedures is the responsibility of the individual accountable for the department or unit involved with development of these administrative procedures.

(4) In the event of a conflict between a university policy and an administrative procedure, the university policy shall take precedence. The division shall notify the office of equal opportunity and policy development of the conflict, and the office of equal opportunity and policy development shall inform the board of trustees in order that the board of trustees may take appropriate action.

(5) Accuracy of the administrative procedures is the responsibility of the individual accountable for the department or unit involved with development or revision of these administrative procedures.

(E) Procedures.

(1) A new administrative procedure shall be noted as such during the review process. Proposed revisions to an existing procedure shall be clearly identified and contrasted with existing language.

(2) A draft of the new or revised administrative procedure shall be forwarded to departments, units, councils, committees, or others affected, for timely review and feedback to the divisional vice president. When the scope of the administrative procedures extends beyond the division, the draft will be forwarded to the appropriate division(s) for review.

(3) After the review is completed, a final draft of the administrative procedure shall be forwarded to the president and vice presidents to determine if further review is necessary.

(4) The president may facilitate discussion and obtain campus-wide perspective and input by presenting the administrative procedure to an appropriate university body.

(5) Upon completion of the review and drafting process, the appropriate vice president, or designee, shall insure that the administrative procedure is in the appropriate format and is posted on the website of the appropriate division, department, or unit.

Replaces: 3356-1-11

Effective: 4/23/2016
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 7/24/00, 6/16/03, 8/16/10

3356-1-12 Fifteen-year plan for energy efficiency and conservation projects.

(A) The statutory requirements of Ohio House Bill 251 call for an overall reduction in energy use of twenty per cent by 2014, relative to use levels of 2004.

(B) Ohio House Bill 251 also requires that the board of trustees of each state university develop its own fifteen-year plan for phasing in energy efficiency and conservation projects.

(C) Youngstown state university has developed a fifteen-year plan ("plan") for phasing in energy efficiency and conservation projects, which is available at the university office of facilities.

(D) Projects completed under the plan have already satisfied the reductions in energy use specified in Ohio House Bill 251.

(E) The plan allows for continued success a the university in energy efficiency and conservation.

Replaces: 3356:1-14-15

Effective: 9/27/2010
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 8/21/10