| Ashtabula County Joint Vocational School District |
| Bylaws & Policies |
1260 - INCAPACITY OF THE SUPERINTENDENT
It is the legal duty of the Board of Education to appoint a Superintendent pro tempore by a majority vote of the members of the Board upon determination that the Superintendent is incapacitated in such a manner that s/he is unable to perform the duties of his/her office.
The Board shall fix the compensation of the Superintendent pro tempore who shall serve until the Superintendent's incapacity is removed or until the expiration of the Superintendent's contract or term of office, whichever is sooner. S/He shall perform all of the duties and functions of the Superintendent, and may be removed at any time for cause by a two-thirds (2/3's) majority vote of the Board.
The Board will exercise its authority under law to determine the incapacity of the Superintendent in the following manner:
| A. | at the request of the Superintendent if the Superintendent is absent without pay by reason of personal illness, injury, or exposure to contagious disease which could be communicated to others; | ||
| B. | upon certification of a panel of three (3) physicians, one (1) selected and compensated by the Board, one (1) selected and compensated by the Superintendent, and the third selected by the two (2) physicians and compensated by the Board. |
If the Board determines that the Superintendent is unable to perform the duties of his/her office, s/he may at his/her request, be placed on sick leave, with pay, not to exceed the amount of his/her accumulated but unused sick leave and any advancement of such sick leave which may be authorized by Board policy.
The foregoing leave shall not extend beyond the contract or term of office of the Superintendent.
The Superintendent shall, upon request to the Treasurer of the Board, be returned to active duty status, unless the Board denies the request within ten (10) days of receipt of the request. The Board may require the Superintendent to establish to its satisfaction that the Superintendent is capable of resuming such duties on a full-time basis.
The Board may demand that the Superintendent return to active service, and upon the determination that the Superintendent is able to resume his/her duties, the Superintendent shall return to active services.
The Superintendent may request a hearing before the Board on any action taken under this policy and shall have the same rights in such hearing as are granted under Section 3319.16 Revised Code.R.C. 3319.011, 3319.13, 3319.16