Chapter 3357:3-1 | Duties and Responsibilities

Rule 3357:3-1-01 | Membership, duties and powers of the board of trustees.

• Effective: October 7, 2023
• Promulgated Under: 111.15

(A) Qualifications - appointees of the board of trustees shall be qualified electors residing in the Central Ohio technical college district. By charter granted by the Ohio board of regents, the legal district of the college consists of the contiguous counties of Licking, Knox and Coshocton.

(B) Term of office - the term of office shall be three years.

(C) Number and manner of appointment - the board shall consist of nine members. Three trustees shall be appointed by the governor with the advice and consent of the senate. For trustees not appointed by the governor who are appointed prior to January 1, 2024, six trustees shall be appointed by a joint caucus by the county, city and exempted village boards of education of the school districts whose territories are embraced in the technical college district. 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 board of education of the foregoing boards of education at a time and place designated by such president. At such caucus the board members shall select by majority vote of the attending members the six trustees.

Trustees not appointed by the governor who are appointed on or after January 1, 2024, shall be appointed by a trustee selection committee. The COTC board development committee shall appoint the members of the trustee selection committee. The trustee selection committee shall consist of either three or five members who are local business, civic, or non profit leaders and who are not currently sitting members of the colleges board of trustees. The board of trustees shall nominate individuals to be considered by the trustee selection committee. The trustee selection committee may select new trustees from the individuals nominated by the board of trustees or other applicants. To the greatest extent possible, trustees appointed by the trustee selection committee shall be individuals who hold leadership positions within significant industries in the technical college district. Trustees appointed by the trustee selection committee shall reside within the technical college district. Trustees shall be appointed with the advice and consent of the senate.

(D) Date of appointment and expiration - based upon the date of original appointments, new appointments become effective on October first, unless otherwise indicated by the appointing authority. Likewise, terms expire on September thirtieth, or on a later date if so indicated by the appointing authority. Any trustee shall continue subsequent to the expiration date of his term until their successor takes office.

(E) Oath of office - each member of the board of trustees, before entering upon his/her official duties, shall take and subscribe to an oath that he/she will honestly, faithfully and impartially perform the duties of office.

(F) Duties and powers of the board - in accordance with the Chapter 3357. of the Revised Code (technical colleges), the fiduciary board of trustees of the Central Ohio technical college district is the governing board of the college. It is charged by the Ohio Revised Code with responsibility for establishing the rules which are necessary to operate Central Ohio technical college.

(G) 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.

(H) Authority of members - no member of the board of trustees shall have power to act in the name of the board of trustees outside regular or special board meetings unless so directed by the board of trustees.

(I) Compensation - the trustees shall serve without compensation, but may be paid for their necessary expenses when engaged in the business of the board and authorized by the board of trustees.

(J) Conflict of interest - when any purchase of goods and or services by the college is made which normally requires board approval which is from a source which any member of the board of trustees is an officer, director, employee, owner or has any significant connection therewith, that purchase shall be separately noted by the treasurer and voted on separately so that the trustee has the opportunity to abstain from voting on the purchase. Members of the board of trustees shall make every effort to avoid situations where participation by the board member would create an appearance of conflict.

(K) Ohio Ethics Code - all members of the board of trustees shall comply with the provisions of the Ohio Ethics Code, to include participating in annual instruction on Ohio's ethics laws and filing annual individual financial disclosure statements.

(L) Trustee emeritus - the board may grant emeritus status upon a former trustee in exceptional cases to recognize exemplary service. Trustee emeritus is an honorary title and usually signifies an ongoing relationship with the trustee. The determination to bestow this honor shall be the subject of a full board discussion and majority vote. Trustees emeriti do not have fiduciary responsibilities and are not a voting member of the board. They are not obligated to attend meetings, do not count towards a quorum, and may be excluded from executive sessions of the board. They can act as representatives of the institution when desired by the board and can serve as a valuable source of wisdom and institutional memory. Trustees emeriti serve at the pleasure of the board. The honorary title can be removed by the board at any time and for any reason.

Last updated October 10, 2023 at 8:13 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3357
Prior Effective Dates: 8/31/2022

Rule 3357:3-1-02 | Duties, powers and responsibility of the president.

• Effective: April 10, 2020
• Promulgated Under: 111.15

The president shall be the chief executive officer and professional advisor to the board. The president interprets and implements the board's policies and regulations in their application to the various operations and personnel matters of the college. The board vests and delegates to the president the responsibility and authority necessary to provide professioinal leadership and administrative direction for all operations. The president may delegate authority to others but retains the final responsibility for the results of such delegation. The board delegates to and vests with the president the ability to employ, re-assign, promote, and terminate college personnel. The president may change varying personnel assignments to carry out responsibilities to the board for the overall leadership of the college.

Supplemental Information

Authorized By: 111.15
Amplifies: 3357

Rule 3357:3-1-03 | Meetings and committees of the board of trustees.

• Effective: October 7, 2023
• Promulgated Under: 111.15

(A) Types and conduct of meetings:

The board of trustees may convene for specific types of meetings, all in accordance with the Ohio Sunshine Law:

(1) Regular meetings will be convened by the chairperson at a time and place established by the board of trustees during its annual organizational session held during the regular January meetings each year. During regular meetings, the board of trustees may consider action on items duly presented before the board of trustees. During the regular meeting in January, 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 by a majority vote of 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 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 possible.

(4) Planning session outside regular or special meetings of the board may be called by the chairperson of the board or the president of the college. No formal business of the baord shall be transacted during the planning sessions.

(B) A majority of the sitting members of the board of trustees at the time of a meeting shall constitute a quorum.

(C) Electronic attendance for board of trustee meetings - Trustees are allowed to attend a board meeting via electronic means.

(1) At least one-third of the trustees must attend the meeting in person;

(2) All votes taken at the meeting must be taken by roll call vote;

(3) A trustee who intends to attend a meeting via electronic means must notify the chairperson no less than forty-eight hours before the meeting, except in the case of a declared emergency; and

(4) A trustee must attend at least half of the meetings in person.

(5) In the event one or more board members attend a meeting virtually, all individuals physically present, whether trustees or members of the public, must be able to hear the trustees(s) attending virtually, and the trustees(s) attending virtually must be able to hear those physically present.

(D) The board of trustees may hold an executive session only at a regular or special meeting, in accordance with section 121.22 of the Revised Code.

(E) Standing committee - The members and chairperson of each standing committee shall be appointed annually by the board of trustees. Committee(s) will be comprised of not less than three trustees. A majority of the committee appointed voting members physically present shall constitute a quorum for the transaction of business. A committee chair will report on the committee's deliberations to the full board of trustees at a regular meeting. The president of the college and the appropriate staff as recommended by the president serve to support the work of the committee. The frequency of meetings is determined by the president and the committee chair. The standing committees include but are not limited to:

(1) Audit finance committee - The primary responsibility of the audit and finance committee is to provide oversight of the college's financial practices, compliance policies, internal controls, financial management and standards of conduct.

(2) Board development committee - The primary responsibility of the board development committee is to appoint members of the trustee selection committee, nominate individuals to be considered by the trustee selection committee, conduct succession planning, oversee engagement of board members and other duties as assigned.

(F) Special or ad hoc committee - The chairperson of the board of trustees shall appoint special committees deemed necessary by the board. A special committee shall report recommendations to the board for appropriate action. A special committee shall be dissolved when its report is complete and accepted by the board of trustees.

(G) Liaison appointments - Individual board members shall be appointed annually by the board of trustees to serve as a liaison for the following areas: the "United Faculty AFT/OFT Negotiation," accreditation and strategic planning council, the Ohio state Newark advisory board, and the OACC governing board.

Last updated October 10, 2023 at 8:13 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3357
Prior Effective Dates: 11/4/2013, 4/10/2020, 10/10/2021, 8/31/2022

Rule 3357:3-1-04 | Employment of Personnel.

• Effective: March 8, 2010
• Promulgated Under: 111.15

The following rules of the college are established regarding employment of personnel:

(A) To be an equal access/equal opportunity employer and to hire individuals upon the basis of their qualifications suitability, and ability to do the job that is vacant. Unless otherwise provided in writing, employment with the college is considered at-will so that either party may terminate the relationship at any time.

(B) To separate employment because of an employee's resignation, termination, retirement, the expiration of an employment contract or a reduction in the work force. Termination can be for any reason not prohibited by law. In the absence of a specific written agreement, employees are free to resign at any time and for any reason.

(C) To pay compensation and benefits, which are nondiscriminatory and competitive with rates and benefits being paid for similar jobs by other employers in the labor market. However, all policy decisions regarding compensation and benefits must take into consideration the college's overall economic condition and competitive position. The college will pay employees on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations.

(D) To provide vacation, sick, jury/court-related, workers' compensation leaves; other leaves of absence and holidays in accordance with established guidelines.

(E) To implement fair and effective personnel policies and other conditions relating to the employment of personnel and to require all employees to serve the college's best interest.

The president is authorized by the board of trustees to establish policies to implement these rules, to execute all employment contracts and appointments, to establish compensation and to make adjustments in the staffing as deemed necessary for carrying out the mission of the college.

Last updated February 1, 2024 at 9:43 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3357

Rule 3357:3-1-05 | Records Retention and Disposition.

• Effective: April 1, 2010
• Promulgated Under: 111.15

In compliance with section 149.33 of the Revised Code, central Ohio technical college establishes the following rule for retention and disposition of all records generated in the course of the college's operation:

(A) This records retention and disposition rule is to ensure that necessary records and documents are adequately protected and maintained in compliance with current local, state, and federal legal requirements.

(B) The president of the college shall establish policy and procedures to administer this rule.

Last updated February 1, 2024 at 9:43 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3357

Rule 3357:3-1-06 | Officers of the board and their duties.

• Effective: August 31, 2022
• Promulgated Under: 111.15

(A) Qualifications and election:

(1) The officers of the board of trustees shall be chairperson of the board, a vice chairperson, a secretary and a treasurer and such other officers as the board of trustees shall deem necessary.

(2) The trustees shall elect a chairperson, vice chairperson, secretary and treasurer.

(3) The chairperson, vice chairperson, secretary and treasurer shall be elected for a period of one year by the trustees at an organizational session during the regularly scheduled January meeting of the board. The officers shall be elected by a majority vote of the trustees. Each officer shall hold office for the period of one year or until his or her successor shall be duly elected or qualified. The chairperson and vice chairperson may serve additional one-year terms not to exceed a of four consecutive terms.

(4) Other officers so elected need not be a member of the board and the treasurer cannot be a member of the board of trustees. Such officers shall serve at its pleasure.

(5) The board of trustees shall have the power to fill board officer vacancies and to appoint such officers and agents as the board may deem necessary for the transaction of business of the board.

(6) In the absence of the chairperson or the vice chairperson, the board shall elect a chairperson pro tempore from the attending members of the board of trustees. In the absence of the secretary, any person appointed by the chairperson shall perform the duties of the secretary of the meeting and shall keep the minutes thereof.

(B) Duties of the officers

(1) Chairperson of the board

(a) Preside at all meetings of the board of trustees

(b) Perform all duties prescribed by law and as directed by the board of trustees

(c) Call all special meetings

(d) Serve as an official/ex-officio member of all committees

(e) Hold the general powers and duties of supervision and management of board meetings usually vested in the office of chairperson

(2) Vice chairperson of the board

Perform the duties of the chairperson in his/her absence

(3) Secretary to the board

(a) Keep records on all the meetings of the board of trustees

(b) Provide for the posting of all legal notices

(c) Sign all regular documents of the board

(d) Maintain all records of the board

(e) Send each member of the board prior to meetings a copy of the minutes of the preceding board meeting

(f) Notify trustees of the board of all meetings

(4) Treasurer of the board

(a) Receive, safeguard, and make payment of funds as directed by the board of trustees

(b) Be responsible for financial records belonging to the board and maintain a full and accurate account of all receipts and disbursements

(c) Report to the board all transactions of funds as directed

(d) Serve as the fiscal officer of the district

(e) Certify that funds of the district otherwise unappropriated are sufficient prior to expenditure of monies or entering into contracts

(f) Maintain all monies, books, papers, and other property of the district

Last updated August 31, 2022 at 8:36 AM

Supplemental Information

Authorized By: 111.15
Amplifies: 3357
Prior Effective Dates: 4/10/2020

Rule 3357:3-1-07 | Amendment of rules.

• Effective: September 11, 2020
• Promulgated Under: 111.15

Alterations, amendments or repeals of rules may be made by the board of trustees by a majority vote of the whole board of trustees at any regular or special meeting properly and legally called, provided notice of such alterations, amendments or repeal has been given to each trustee in writing at least three days prior to said meeting

Supplemental Information

Authorized By: 111.15
Amplifies: 3357
Prior Effective Dates: 4/10/2020