5123:2-1-13 In-service training for members of county boards of mental retardation and developmental disabilities.

(A) Purpose

The purpose of this rule is to delineate requirements for annual in-service training for board members of county boards of mental retardation and developmental disabilities.

(B) Definitions

(1) "Annual organizational meeting" means the meeting held by each county board of mental retardation and developmental disabilities, no later than January thirty-first of each calendar year, to elect its officers and conduct other business pursuant to section 5126.022 of the Revised Code.

(2) "Appointing authority" means the entity with statutory authority to appoint members to boards of mental retardation and developmental disabilities pursuant to division (B) of section 5126.02 of the Revised Code.

(3) "Board member" or "member" means a member of a county board of mental retardation and developmental disabilities.

(4) "County board" or "board" means a county board of mental retardation and developmental disabilities as established pursuant to section 5126.02 of the Revised Code.

(5) "Department" means the Ohio department of developmental disabilities.

(6) "In-service training" means department provided or approved training of board members pursuant to division (C) of section 5126.02 of the Revised Code that may include, but is not limited to, the following topics: ethics, including conflicts of interest and the board's ethics council; boardmanship; open meeting requirements; confidentiality; and current issues in the field of mental retardation and developmental disabilities.

(7) "Superintendent" means the chief executive of a county board appointed pursuant to section 5126.023 of the Revised Code.

(8) "Unit" means fifty minutes of instruction.

(C) In-service training requirements

(1) During each calendar year of a board member's term, the member shall attend a minimum of four units of in-service training, except as provided in paragraph (C)(2) of this rule.

(2) Board members appointed after the board's annual organizational meeting and board members appointed to complete the remainder of a former board member's term shall attend in-service training during the first calendar year of the member's appointment in accordance with the following schedule:

(a) Members appointed prior to April first shall attend a minimum of four units of in-service training.

(b) Members appointed after March thirty-first but prior to July first shall attend a minimum of three units of in-service training.

(c) Members appointed after June thirtieth but prior to October first shall attend a minimum of two units of in-service training.

(d) Members appointed after September thirtieth but prior to the succeeding January first shall attend a minimum of one unit of in-service training.

(D) In-service training sessions shall not be considered regularly scheduled meetings of the board.

(E) The department shall approve in-service training sessions on forms prescribed by the department.

(F) Superintendents shall annually verify to the department, on forms prescribed by the department, that board members have attended required in-service training.

(G) Consequences for failure to attend required in-service training

(1) If a board member fails to attend in-service training as specified in paragraph (C) of this rule, the board shall, by resolution, supply the board member and the member's appointing authority with written notice of the charges against the member. The board shall send a copy of this resolution to the department.

(2) The appointing authority shall afford the member an opportunity for a hearing, in accordance with procedures it adopts, and shall, upon determining that the charges are accurate, remove the member and appoint another person to complete the member's term.

(3) The superintendent shall notify the department of any action the appointing authority takes regarding the board member.

(4) A member who is removed from the board for failing to attend in-service training is ineligible for reappointment to the board for not less than one year.

(5) If a member is removed from the board for failing to attend in-service training, the board shall specify to the appointing authority the training the member must complete prior to being eligible for reappointment.

Effective: 01/01/2004
R.C. 119.032 review dates: 01/01/2009
Promulgated Under: 119.03
Statutory Authority: 5126.05 , 5126.08 , 5123.04
Rule Amplifies: 5123.04 , 5126.02 , 5126.022 , 5126.05 , 5126.08