Chapter 3358:14-1 Board of Trustees In General

3358:14-1-01 Definitions.

(A) "State community college district" means a political subdivision composed of the territory of a county, or of two or more contiguous counties, in either case having a total population of at least one hundred fifty thousand, and organized for the purpose of establishing, owning, and operating a state community college within the district or a political subdivision created pursuant to division (A) of section 3358.02 of the Revised Code.

(B) "State community college" means a two-year institution, offering a baccalaureate-oriented program, technical education program, or an adult continuing education program. The extent to which the college offers baccalaureate-oriented and technical programs shall be determined in its charter.

(C) "Baccalaureate-oriented program" means a curricular program of not more than two years' duration that is planned and intended to enable students to gain academic credit for courses comparable to first- and second-year courses offered by accredited colleges and universities. The purpose of baccalaureate-oriented coursework in state community colleges is to enable students to transfer to colleges and universities and earn baccalaureate degrees or to enable students to terminate academic study after two years with a proportionate recognition of academic achievement through receipt of an associate degree.

(D) "Technical education program" means a post high school program of not more than two years' duration that is planned and intended to prepare students to pursue employment or improve technical knowledge in careers generally but not exclusively at the semiprofessional level. Technical education programs include, but are not limited to, programs in the technologies of business, engineering, health, natural science, and public service and are programs which, after two years of academic study, result in proportionate recognition of academic achievement through receipt of an associate degree.

(E) "Adult continuing education program" means the offering of short courses, seminars, workshops, exhibits, performances, and other educational activities for the general educational or occupational benefit of adults.

(F) Unless defined otherwise, the word "day" shall mean calendar day. The phrase "workday" shall mean any day excluding Saturdays, Sundays, and holidays listed in rule 3357:14-3-07 of the Administrative Code.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-02 Mission and vision statements.

(A) Mission: The mission of Northwest state community college is to serve by providing access to excellent and affordable education, training and services that will improve the lives of individuals and strengthen communities.

(B) Vision: Northwest state community college will be an innovative leader in education and training, a first-choice institution that empowers individuals and communities to achieve a sustainable quality of life.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-03 Legal basis and authority of the board of trustees.

(A) The powers and duties of the Northwest state community college district are described in Chapter 3358. of the Revised Code.

(B) The Northwest state community college district is chartered as a state community college district by the authority of the Ohio board of regents in accordance with Chapter 3358. of the Revised Code.

(C) The Northwest state community college district is incorporated as a political subdivision of the state and as a body corporate with all the powers of a corporation as described in Chapter 3358. of the Revised Code.

(D) The Northwest state community college district shall include all the territories of Defiance, Fulton, Henry, Paulding and Williams counties.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-04 Membership and appointment to the board of trustees.

(A) Nine members shall constitute the full membership of the Northwest state community college board of trustees. The duration of appointment for each trustee shall be for six years, staggered such that three terms will expire every second year. Each term shall end on the same day of June as did the term which it succeeds.

(B) Each member shall be a qualified elector as defined in section 3503.01 of the Revised Code residing in the Northwest state community college district.

(C) Members and officers of the Northwest state community college board of trustees, before entering upon their official duties, shall take and subscribe to an oath that they will honestly, faithfully, and impartially perform the duties of their offices.

(D) No member of the Northwest state community college board of trustees shall, at any time, act or purport to act on behalf of the board of trustees without prior authority from the board of trustees.

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

(F) The members of the board of trustees of the Northwest state community college are appointed by the governor of the state of Ohio.

(G) Trustees shall continue in office subsequent to the expiration date of their terms until their successors take office or until a period of sixty days has elapsed, whichever occurs first.

(H) Effective January 1, 1995, in accordance with division (A) of section 3.17 of the Revised Code, any member of the 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 of trustees during any two-year period forfeits his position on that board of trustees.

(I) If there is a vacancy on the board of trustees, such vacancy shall be filled by the governor of the state of Ohio with the advice and consent of the senate. Any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which their predecessor was appointed shall hold office for the remainder of such term.

(J) Three months prior to the completion of a term of a trustee, or immediately upon the existence of a vacancy on the board of trustees, the president will notify the governor's office of such event.

(K) The board chair and the president function as the official spokespersons for the board.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-05 Organization of the board of trustees.

(A) Officers of the board of trustees shall be a chairperson a vice-chairperson and a second vice-chairperson who shall be members of the board of trustees. A secretary may be elected who is also a member of the board of trustees.

(B) The chairperson, vice-chairperson and second vice chairperson shall be elected during the organizational meeting held in February for terms of one year. The secretary shall serve at the pleasure of the board of trustees.

(C) The duties of the officers of the board of trustees are:

(1) The duties of the chairperson of the Northwest state community college district board of trustees shall be to preside at all sessions of the board of trustees; to preserve order; to enforce rules; to sign all documents, bonds, notes, agreements, deeds, and leases ordered to be executed by the board of trustees except as may be delegated to the president by action of the board of trustees; and to appoint all standing committees and all special committees not otherwise provided for. In addition to the duties prescribed by law or by the rules of the board of trustees, the chairperson shall exercise such other powers as may be delegated to this office by the board of trustees.

(2) In cases of absence or disability of the chairperson of the board of trustees, the vic chairperson shall perform all duties of the chairperson until the chairperson resumes office or until such vacancy is filled. The second vice chairperson serves in the absence of the vice chairperson.

(3) The secretary of the board of trustees may be a member of the board of trustees or the president of the college or his/her designee. The secretary of the board of trustees shall perform the duties usually pertaining to this office and such other duties as are imposed by law or by action of the board of trustees. A non-member secretary may be compensated for services by action of the board of trustees.

(D) The board of trustees may appoint consultants as follows:

(1) The board of trustees may request the Ohio attorney general to appoint an attorney who will act as its counsel on legal matters by direction of the board of trustees.

(2) The board of trustees will request the Ohio state auditor to secure auditors who will audit the financial records and status of the Northwest state community college in accordance with state code.

(3) The board of trustees may appoint other consultants who will serve at the pleasure of the board of trustees to advise on specific matters pertinent to the planning, development, evaluation, or operation of the college.

(E) Committees of the board of trustees may be appointed in concurrence with the following:

(1) The chairperson of the board shall appoint members of the board of trustees to appropriate committees of the board of trustees to consider matters to be acted upon by the board of trustees.

(2) The committees of the board of trustees may be standing committees and special committees and shall be advisory only.

(3) No member shall be appointed concurrently chairperson of more than one standing committee.

(4) Standing and special committees of the board of trustees may include, as ex officio members, appropriate representation of employees and students as selected by a procedure approved by the board of trustees.

(5) The law requires that standing and special committees give public notice of each meeting as well as prepare, file and maintain minutes of the proceedings.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-06 Meetings of the board of trustees.

(A) The board of trustees may convene for specific types of meetings:

(1) Regular meetings will be convened by the chairperson at a time and place established by the board of trustees during its annual organization meeting. During regular meetings, the board of trustees may consider action on items duly presented before the board of trustees. During the regular meeting in February, the board of trustees will elect its officers and consider action of an organizational nature.

(2) Special meetings may be convened by the chairperson or the college president or by a majority vote of the members of the board of trustees to consider action on specific items for which the meeting was called. A notice of the meeting, including a list of items to be considered, shall be conveyed to the members of the board of trustees at least three working days in advance of the meeting.

(3) Special emergency meetings may be convened by the chairperson or the college president or by a majority of the members of the board of trustees to consider action on specific items for which the meeting was called. Items to be considered must be of an emergency nature. A notice of the meeting, including a list of items to be considered, shall be conveyed to the members of the board of trustees as far in advance of the meeting as practicable.

(B) The board of trustees may hold an executive session only at a regular or special meeting, in accordance with section 121.22 of the Ohio Revised Code, for the sole purpose of any of the following matters:

(1) Personnel - to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official or [to consider] the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the employee, official, licensee or regulated individual requests a public hearing.

However, the law does not allow a public body to hold an executive session to consider the discipline of an elected official for conduct related to the performance of the elected official's duties or to consider that person's removal from office.

(2) Purchase or sale of property - a public body may adjourn into executive session to consider the purchase of property of any sort - real, personal, tangible or intangible. A public body may also adjourn into executive session to consider the sale of real or personal property by competitive bid if disclosure of the information would result in a competitive advantage to the person whose personal, private interest is adverse to the general public interest. No member of a public body may use this exception as subterfuge to provide covert information to prospective buyers and sellers.

(3) Pending or imminent court action - a public body may adjourn into executive session with the public body's attorney to discuss pending or imminent court action. Court action is pending if a lawsuit has been commenced. Court action is imminent if it is on the brink of commencing.

A public body may not use this exception to adjourn into executive session for discussions with a board member who also happens to be an attorney - the attorney should be duly appointed counsel for the public body. Nor is a general discussion of legal matters a sufficient basis for invoking this provision.

(4) Collective bargaining matters - a public body may adjourn into executive session to prepare for, conduct or review collective bargaining strategy.

(5) Matters required to be kept confidential - a public body may adjourn into executive session to discuss matters that federal law, federal rules or state statutes require the public body to keep confidential.

(6) Security matters - a public body may adjourn into executive session to discuss details of security arrangements and emergency response protocols for a public body or public office, if disclosure of the matters discussed could reasonably be expected to jeopardize the security of the public body or public office.

(7) Any other matters that may be provided for in future amendments to the Ohio Revised Code.

(C) Any regular or special meeting or executive session may be adjourned for the purpose of considering specific items or issues at a later date(s) established by the board of trustees. The reconvened, adjourned session shall be open to the public unless the adjourned meeting was an adjourned executive session which was closed to the public since the items being considered were those specifically permitted to be discussed at a meeting closed to the public.

(D) By a majority vote of board of trustees membership present at a regular or special meeting, the board of trustees may decide to hold a public hearing or a discussion session at which time the public may be invited to participate in the discussions of specific programs, proposals, issues, or problems. The purpose, time, and place of such hearings or sessions shall be given to the various agencies of public information.

(E) Meetings of the board of trustees shall be held in an appropriate location designated by the board of trustees.

(F) The president of the college shall deliver, at least three working days prior to each regular meeting, unapproved minutes of previous meetings.

(G) Unless in conflict with these rules of procedure or the laws of the state of Ohio, "Roberts Rules of Order" as revised shall govern the procedure of all board of trustees meetings.

(H) A resolution, rule, or formal action of any kind by the board of trustees is valid only when adopted in a regular or special meeting of the board of trustees. A resolution, rule, or formal action adopted in an open meeting of the board of trustees that results from deliberations in meetings of the board of trustees not open to the public is invalid unless the deliberations were for the purpose specifically authorized above and were conducted at an executive session of the board of trustees held in compliance with these regulations.

(I) All regular and special meetings of the board of trustees shall be open to the public.

(J) A majority of the board of trustees shall constitute a quorum. Less than a quorum may adjourn any meeting to a future date.

(K) The following matters shall be considered non-administrative and require a majority vote of the whole membership of the board of trustees: election of officers; approval of contracts, bonds, notes, and agreements; approval of fiscal operating budget and revisions thereof; appointment of a president; amendment or repeal of college policy; approval of student fee schedules; approval of salary programs; approval to propose operating levy to citizens; and suspension of rules during a meeting.

(L) All matters not listed in paragraph (k) above will be considered administrative and require a majority vote of those present when a quorum is in session.

(M) The order of business of regular meetings of the board of trustees shall be determined by the chairperson of the board of trustees and/or the college president.

(N) Any policy or procedure related to conducting regular or special meetings of the board of trustees not required by law may be suspended by a majority vote of the board of trustees, but such suspension shall be in effect only during the meeting at which such suspension was voted.

(O) The minutes of regular or special meetings of the board of trustees of the Northwest state community college shall be recorded and open to public inspection after adoption by the board of trustees. The minutes of executive sessions need only reflect the general subject matter of discussion. If the minutes of the board of trustees show that all meetings and deliberations of the board of trustees have been conducted in compliance with the above regulations, any instrument executed by the board of trustees purporting to convey, lease, or otherwise dispose of any right, title, or interest in any public property shall be conclusively presumed to have been executed in compliance with the Ohio Revised Code insofar as title or other interests of any bona fide purchases, lessees, or transferees of the property are concerned.

(P) Individuals or groups who wish to be heard relative to an item not appearing on the agenda of a meeting of the board of trustees shall file such a request, in writing (including email), with the executive administrative assistant to the president of the college at least forty-eight hours prior to the meeting. The request must state the purpose and topic which the individual or group wishes to present. The hearing will be held at a time of the meeting deemed appropriate by the chairperson. Individuals or groups who wish to be heard relative to an item appearing on the agenda must make such a request, in writing (including email), to the executive administrative assistant to the president of the college within forty-eight hours prior to the call to order of the meeting. The chairperson of the board of trustees may, on certain occasions within his/her authority, ask for and grant public participation on issue(s) being considered by the board of trustees without prior written request having been made.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-07 Notice of meetings of the board of trustees.

(A) Any person may ascertain the time and place of all regular meetings of the board of trustees and the time, place, and purpose of all special meetings of the board of trustees by:

(1) Writing to the following address: Northwest state community college, 22600 state route 34, Archbold, Ohio 43502, c/o president's office.

(2) Telephoning the executive administrative assistant in the president's office.

(3) Observing notices posted throughout the college.

(B) Any representative of the news media may obtain notice of all regular and special meetings of the board of trustees 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 stations. A request for such notification shall be addressed to: president's office. Northwest state community college, 22600 SR 34, Archbold, Ohio 43502.

(C) The president's office shall notify all media representatives on the list described in paragraph (B) of this rule of all regular meetings of the board of trustees by doing at least one of the following:

(1) Providing an annual schedule of regular meetings.

(2) Providing telephone notice, which must be made no later than twenty- four hours prior to the start of the meeting; such telephone notice shall be complete if a message has been left for the representative or if, after reasonable effort, the president's office has been unable to provide such telephone notice.

(3) Sending written notice, which must be mailed no later than three working days prior to the day of the meeting.

(4) Informing such representative personally no later than twenty-four hours prior to the start of the meeting.

(D) In the event of a special meeting of the board of trustees not of an emergency nature, the president's office shall notify all media representatives on the list described in paragraph (B) of this rule of such meeting by providing either the notice described in paraghraphs (C)(2) to (C)(4) of this rule

(E) In the event of a special meeting of the board of trustees of an emergency nature, the president's office shall notify all media representatives on the list described in paragraph (B) of this rule of such meeting by doing at least one of the following:

(1) Notifying such representatives by telephone as far in advance of the meeting as possible; such telephone notice shall be complete if a message has been left for the representative or if, after reasonable effort, the president's office has been unable to provide such telephone notice.

(2) Informing such representatives personally as far in advance of the meeting as possible.

(F) In providing the notices required in paragraphs (C) to (E) of this rule the president may rely on assistance provided by any member of the Northwest state community college; any such notice is complete if given by such a member in the manner provided in paragraphs (C) to (E) of this rule

(G) The president's office shall maintain a list of all persons who have requested, in writing, notice of all meetings of the board of trustees of the Northwest state community college at which specific subject matters designated by such persons are scheduled to be discussed. Any person may have his/her name placed on such list. The president's office shall, no later than three working days prior to each meeting, send by e-mail, an agenda of the meeting to such persons. The board of trustees may establish a reasonable fee for this service.

(H) The president's office will prepare and distribute the agenda of regular meetings of the board of trustees three working days prior to the date of the meeting for proper posting(s) in various areas of the college.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-08 Responsibilities of the board of trustees.

(A) The board of trustees may:

(1) Own and operate a state community college.

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

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

(4) Employ a president, faculty, and such other employees as necessary and proper for the college and fix their compensation.

(5) Provide for the college necessary lands, buildings or other structures, equipment, means, and appliances.

(6) Establish schedules of fees and tuition.

(7) Grant appropriate associate degrees to students successfully completing the state community college's programs and certificates of achievement to those students who complete other programs.

(8) Prescribe rules and regulations for the effective operation of the college and exercise such powers as are necessary for the efficient management of the college.

(9) Enter into contracts and conduct state community college programs or technical courses outside the college district.

(10) Purchase a policy or policies of insurance insuring the district against loss or damage to property, whether real, personal, or mixed, which is owned by the district or leased by it as lessee or which is in the process of construction by or for the district. Purchase a policy or policies of fidelity insurance in such amounts and covering such trustees, officers, and employees of the district as the board may consider necessary or desirable.

Purchase a policy or policies of insurance insuring its officers and employees against liability on account of damage or injury to persons and property, including liability on account of death or accident by wrongful act, occasioned by the operation of a motor vehicle, motor vehicles, or auxiliary equipment, or self-propelling equipment or trailers while any such vehicle, equipment, or trailer is being used or operated in the course of the business of the district. Purchase a policy or policies of insurance insuring the district against any liabilities to which it may be subject on account of damage or injury to persons or property, including liability for wrongful death.

(B) The board of trustees, on its own behalf, reserves unto itself, without limitation, all powers, right and authority, duties, and responsibilities conferred upon and vested in by the laws and constitution of the state of Ohio and of the United States in the executive management and administrative control of the college and its properties and facilities and of its employees.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-09 Amendment or repeal of policy.

Policy for the governance of the board of trustees may be amended, repealed, or added to upon motion made in writing for that purpose by any member of the board of trustees. A majority of the membership of the board of trustees shall be required for the adoption of any amendment, alteration, repeal, or addition to this policy

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-10 Honorary associate degree.

The board of trustees shall establish the following policy for the awarding of honorary degrees at Northwest state community college:

(A) The honorary degree is the highest award that Northwest state community college confers. It is given to honor individuals who have distinguished themselves through:

(1) Exemplary service.

(2) Extraordinary contributions to the welfare and development of the college or the communities of which they are a part.

(3) Exceptional acts of philanthropy to the college.

(4) To elevate the college in the eyes of the world by honoring individuals who are widely known and highly regarded for achievements in their respective fields of endeavor.

(B) Conferring of the honorary degree requires board approval.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-11 District and college names.

(A) The official name of the district in which the college operates shall be known as the Northwest state community college district.

(B) The official name of the institution operated within the district shall be known as the Northwest state community college.

(C) Northwest state community college shall also be known as "Northwest state" and "NSCC."

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-12 Emeritus status.

(A) Emerita/emeritus status is an honorary title awarded for distinguished service to the academic community. There is a long tradition in academia in recognizing such service by trustees, administration, and faculty. The board of trustees shall bestow the title on a faculty member or administrator who is entering permanent retirement from Northwest state community college and who has served the college, community, and profession with distinction. It is expected that emerita/emeritus status will be granted to faculty members and administrators who have contributed continuously throughout their career and have a distinguished professional record.

(B) All faculty and administrators meeting the selection criteria shall be eligible for the honorary title of emeritus. The honorary title is granted in recognition of exemplary service and dedication to the college, its community and profession. The college, the community it serves and their profession. The status is not automatically conferred as it is an honor that must be earned. Not all retirees will be nominated or qualify for such an honor.

(C) Any faculty or administrators who are deceased at the time of implementation of the policy may be posthumously nominated and so designated. However, college publications will only list those still living unless so directed by the trustees.

(D) The emeritus status is granted at the pleasure of the board of trustees and may be withdrawn by action of the board for failure to meet the responsibilities associated with that honor.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-13 Fiscal oversight.

(A) Independent auditing firms. The president shall not engage the independent audit firm in the performance of non-audit services during its tenure as the independent audit firm auditing the college's annual financial statements.

(B) Audit committee. Acting as a committee of the whole, the board of trustees shall perform the functions of the audit committee including:

(1) The appointment, retention, and oversight of the work of any registered public accounting firm employed by the college.

(2) The establishment of procedures for the receipt, retention, and treatment of complaints received by the college regarding accounting, internal controls, and auditing matters.

(C) Certification. The president shall certify to the board of trustees the following:

(1) S/he has reviewed the annual audit report.

(2) Based on his/her knowledge, the annual audit report does not contain any untrue statement of material fact or omission of a material fact necessary in order to make the statement misleading.

(3) Based on his/her knowledge, the financial statements present in all material respects the financial condition and results of operation.

(4) S/he has established and maintained internal controls.

(5) S/he has disclosed to the auditors and to the board of trustees all significant deficiencies in the design or operation of internal controls that could adversely affect the college's ability to record, process, summarize, and report financial data and has identified for the auditors any material weaknesses in internal controls.

(6) S/he has indicated in the report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of his/her evaluation, including any corrective actions.

(D) Assessing internal controls. The president shall periodically report to the board of trustees on an external assessment of the college's internal control structure and procedures for financial reporting.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-14 College and board conferences, conventions and workshops.

(A) The board recognizes the value of memberships and attendance at conferences and meetings at the local, county, state and national level.

(B) Attendance at state and national conferences and workshops is encouraged.

(C) Each board member is expected to report back to the board after attending a conference at college expense.

(D) Travel and personal expenses of spouse, children or guest traveling with a board member shall be the responsibility of the board member or of the individual. Expenses for convention functions attending as a group will be borne by the college.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358

3358:14-1-15 Electronic mail of the board of trustees.

(A) Under no circumstances shall the board members use e-mail to discuss among themselves board business that is only to be discussed in an open meeting of the board, is part of an executive session or could be considered an invasion of privacy if the message were to be monitored by another party.

(B) There should be no expectation of privacy for any messages sent by e-mail. Messages that have been deleted may still be accessible on the hard drive, if the space has not been occupied by other messages. Messages, deleted or otherwise, may be subject to disclosure under the Public Records Act unless an exemption would apply.

Effective: 3/16/2015
Promulgated Under: 111.15
Statutory Authority: 3358
Rule Amplifies: 3358