| Southern Local School District |
| Bylaws & Policies |
1260 - INCAPACITY OF 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 by a two-thirds majority vote of the members 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 physicians, one selected and compensated by the Board, one selected and compensated by the Superintendent, and the third by the two physicians and compensated by the Board | |
| C. | upon the determination of a referee pursuant to R.C. 3319.16, that the Superintendent is unable to perform the duties of the office of Superintendent, and such Superintendent is absent with pay by reason of personal illness, injury, or exposure to contagious disease which could be communicated to others |
If the Board determines that the Superintendent is unable to perform the duties of his/her office, s/he may at the request of the Board be placed on sick leave with such pay to which s/he may be entitled or 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 of Education, 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 and further, that the duties be resumed 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 or her duties, the Superintendent shall return to active service.
The Superintendent may request a hearing before the Board of Education on any action taken under this policy and shall have the same rights in such hearing as are granted under R.C. 3319.16.
R.C. 3319.011, 3319.13, 3319.16