Chapter 3357:15-11 Board of Trustees

3357:15-11-01 Composition.

The board of trustees shall consist of seven qualified electors residing within Stark county who are not employees of any governmental agency.

(A) Gubernatorial appointees: Two trustees shall be appointed by the governor with the advice and consent of the senate.

(B) Local appointees: Five trustees shall be appointed by the county and city boards of education of school districts whose territories are embraced by Stark county. Prior to the appointment of the trustees, the president of the board of education of the city school district having the largest pupil enrollment shall call a caucus of the members of the aforementioned boards of education at a time and place designated by such president. At such caucus, the board members shall elect, from time to time as required, by majority vote of the attending members, the five trustees.

(C) Terms: The term of office for each trustee shall be three years, with terms arranged so that not less than two or more than three expire in a given year, and terms of the gubernatorial appointees shall expire in different years.

(D) Vacancies: If there is a vacancy, such vacancy shall be filled by the authority making the original appointment for the balance of the unexpired term.

Replaces: 3357:15-11-01

Effective: 2/14/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/5/09

3357:15-11-02 Officers.

The officers of the board of trustees shall consist of a chair, a vice-chair, and a secretary to the board.

(A) Election of officers: Election of officers shall be held at the August meeting of the board of trustees or first meeting thereafter if there is no August meeting. All officers shall take office at the adjournment of the meeting at which they were elected and shall hold office for a term of one year and until their successors are elected and qualified. The chair and vice-chair are eligible for re-election to their respective offices for up to three consecutive terms. If a vacancy occurs for either the chair or vice-chair or either officer is unable or unwilling to serve a full term and such vacancy occurs more than sixty days prior to the August meeting, then the board shall hold a special election for such office, which may be held at the next regular or special meeting of the Board of trustees. The chair and Vice-chair must be members of the board of trustees The Secretary may be a member of the Board of trustees or the president or the president's designee. The secretary may serve unlimited terms.

(B) Duties of the chair: The chair shall preside at all meetings of the board of trustees, appoint or provide for the election of individuals to serve in advisory capacities for special objectives of an ad-hoc basis, and perform such other duties as may be prescribed by law or action of the board of trustees.

(C) Duties of the vice-chair: The vice-chair shall preside at meetings of the board of trustees in the absence of the chair and perform such other duties as may be assigned by the board.

(D) Duties of the secretary: The secretary shall keep a correct journal of all proceedings, cause the agenda and other pertinent materials to be distributed to board members prior to regular meetings, and perform all other duties imposed by statute.

(E) Presiding officer, chair, and vice-chair absent: In the absence of the chair and the vice-chair, the board shall by majority vote, choose a chair pro tem.

Replaces: 3357:15-11-02

Effective: 2/14/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/5/09

3357:15-11-03 District and place of business.

(A) The Stark State college service district shall consist of the whole territory of Stark county.

(B) The permanent principal place of business of the Stark state college district is designated as Stark State College, 6200 Frank Avenue NW, North Canton, Ohio 44720, in accordance with the requirements of section 3357.06 of the Revised Code.

Replaces: 3357:15-11-03

Effective: 2/14/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/5/09

3357:15-11-04 Meetings.

The board of trustees will normally meet once a month throughout the calendar year. Should there be no pressing business to transact, any regular meetings may be omitted by common consent of the majority of the board members.

(A) Annual organizational meeting. The first regular meeting held in January of each year shall be designated as the annual organizational meeting.

(B) Regular meetings. The regular meetings of the board of trustees shall be determined for the year at the annual organizational meeting. The date, time, and place of regular meetings shall be designated at that time. The chair may change any date, time, and/or place of any regular meeting by giving a three-day written notice to each member of the board; or board members may make such change by agreement at the prior regular meeting and give a three-day written notice to each board member absent at such prior regular meeting.

(C) Special meetings. Special meetings may be called by the chair or at the request of no less than three members of the board of trustees. Written notice of such special meetings, stating the time and place of such meeting and purpose or purposes for which the same is called, to each member at least three days prior to the date of said meeting. Any trustee may waive such notice and, by attendance at any special meeting, shall be deemed to have waived notice thereof.

(D) Open meetings. All meetings of the board of trustees shall be open to the public. The following sections are adopted in compliance with, and under the authority of, division (F) of section 121.22 of the Revised Code, as amended, effective November 28, 1975:

Any person may be informed of the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings by:

(1) Writing to the following address: "Stark State College, 6200 Frank Avenue, NW, North Canton, Ohio 44720."

(2) Calling the following telephone number during normal business hours: (330) 494-6170.

(E) Any person wishing to utilize recording and/or transmission devices at a public session of a board of trustees meeting shall do so from a recording area designated by the board chair and identified by prominent signage. The board chair may limit the number of persons recording and/or transmitting during the meeting due to space limitations. Any person recording and/or transmitting a public session of a board of trustees meeting must do so at their own expense without use of college equipment. If at any time the board chair feels the recording and/or transmitting of the public session is a disruption of the proceedings, any such person shall be directed by the board chair to stop.

(F) Any representative of the news media may obtain notice of all special meetings by requesting in writing that such notice be provided. A request for such notification shall be addressed to: "Office of the President, Stark State College, 6200 Frank Avenue, NW, North Canton, Ohio 44720." The request shall provide the name of the individual media representative to be contacted, the mailing address, and the telephone number(s). The college shall maintain a list of all representatives of the news media who have requested notice of special meetings pursuant to this paragraph. In the event of a special meeting not of an emergency nature, the college shall notify all media representatives on list of such meeting by doing at least one of the following:

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

(2) Notifying such representatives by telephone no later than twenty-four hours prior to the special meeting. Such telephone notice shall be considered complete if a message is left for the representative, or if, after reasonable effort, the college has been unable to provide such telephone notice.

(3) In the event of a special meeting of an emergency nature, the college shall notify all media representatives on the list of such meeting by providing either a written notice or a telephone notice as described in 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.

(4) In giving the notices required by this paragraph, the college may rely on assistance provided by any member of the college staff, and such notices shall be considered complete if given by such member in the manner provided herein.

(G) The college shall maintain a list of all persons who have requested, orally or in writing, notice of all board of trustees meetings at which specific subject matters designated by such persons are scheduled to be discussed. Any persons may have their names placed on such a list. The college shall, no later than three days prior to a meeting at which such items are scheduled to be discussed, send by first class mail an agenda of the meeting to such persons.

Effective: 10/27/2016
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/05/2009, 2/14/15

3357:15-11-05 Board attendance.

Am. Sub.S.B.226, enacted by the general assembly, provides that "any member of a board of trustees of an institution of higher education who fails to attend at least three-fifths of the regular and special meetings held by that board during any two-year period forfeits his position on that board." There is no appeal mechanism. The provision went into effect on January 1, 1995.

Replaces: 3357:15-11-01

Effective: 2/14/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/5/09

3357:15-11-06 Procedures.

The following procedures shall be followed in conducting the business of the board of trustees:

(A) Oath of office. Each member appointed to the board of trustees of the Stark state college district, before entering upon his or her official duties, shall take and subscribe to the following oath:

" I, (Name), promise and swear to support the Constitution of the United States and the constitution of this state and to honestly, faithfully, and impartially perform and discharge the duties of the office of Member. Board of Trustees. Stark State College district, to which I have been appointed, for the term beginning (Date) and ending at the close of business (Date) "

(B) Compensation. Trustees shall serve without compensation, but may be paid their necessary expenses when engaged in the business of the board.

(C) Legal advisor. The attorney general shall be the attorney for the Stark state college district and shall provide legal advice in all matters relating to its powers and duties.

(D) Communications. Communications relating to policy, sent or received by employed staff, shall be reported to the Board of trustees by the president where appropriate.

(E) Public requests. The order of business at any regular or special meeting of the board of trustees shall include an opportunity for members of the public to address the board. provided that the following regulations have been met:

(1) Any person desiring to bring a matter to the attention of the board must submit a written request to the president not less than five working days prior to the regular or special meeting of the board. Such request must include the subject to be brought before the board and the name, address, and telephone number of each person who will participate in the presentation.

(2) Any individual or group that has followed the procedure stated above will be afforded time to address the board on the subject designated. Each participant must state name and address upon addressing the board.

(3) No more than five minutes per person and/or fifteen minutes maximum shall be allotted for the entire presentation on a designated subject.

(4) Any person granted an appearance before the board on a matter involving a board employee shall be heard in executive Session only.

(5) Disruptive conduct will not be permitted at any meeting of the board nor will defamatory or abusive remarks be tolerated. Anyone who engages in such disruptive conduct shall be denied further speaking privileges and may be subject to removal by the board chair

(6) The board does not obligate itself to consider any request or proposal presented.

(F) Quorum. A majority of the board shall constitute a quorum, but a majority vote of its whole membership shall be required to act on any matter. Should a quorum not be present, a roll call shall be made and a notation made of those absent. The meeting can then be adjourned.

(G) Rules of order. Robert's Rules of Order shall be taken as the authority in the transaction of business should the procedure not be defined elsewhere by the board of trustees, the Ohio board of regents, or state statute.

(H) Order of business. The normal order of business shall be as shown. The board may, however, alter the order of business by common consent of the members in order to accommodate the time schedule of guests or individual members of the board:

(1) Call to order

(2) Recognition of visitors

(3) Roll call

(4) Public requests

(5) Agenda changes

(6) Executive session

(7) Consent agenda

(8) Old business

(9) New business

(10) Board of trustees work session

(11) Correspondence

(12) Board activity dates

(I) Conflict with state Iaws. No policy, procedure, rule, or regulation shall be operative if it is found to be in conflict with any laws of the state of Ohio.

(J) Indemnification of trustees and officers. Each trustee and officer of Stark state college now or hereafter serving as such, shall be indemnified by the legal entity against any and all claims and liabilities to which one has or shall become subject by reason of serving or having served as such trustee or officer, or by reason of any action alleged to have taken, omitted, or neglected by such trustee or officer; if acting in good faith and in a manner reasonably believed to be in or not opposed to the best interests of the legal entity, and with respect to any criminal action or proceeding, had no reasonable cause to believe conduct was unlawful; and the legal entity shall reimburse each person for all legal expenses reasonably incurred in connection with any such claim or liability.

(K) The amount paid to any officer or trustee by way of indemnification shall not exceed actual, reasonable, and necessary expenses incurred in connection with the matter involved.

Replaces: 3357:15-11-06

Effective: 2/14/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357
Prior Effective Dates: 10/5/09

3357:15-11-07 Instructional fee waived.

All instructional and general fees for credit, audit, or non-credit courses offered are waived for board of trustees members taking classes at Stark state college.

Replaces: 3357:15-11-01

Effective: 2/14/2015
Promulgated Under: 111.15
Statutory Authority: 3357:15
Rule Amplifies: 3357:15
Prior Effective Dates: 10/5/09