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Special meetiugs.

Election in new subdistrict.

Noti.es.

How conducted; term of director.

Directors of subdistricts consolidated.

Election when special district abandoned. Property in custody of clerk.

Notice to county auditor.

Property in custody of treasurer.

Unfinished business.

Debts.

Special tax.

Control of

subdistrict.

Support of

and may adjourn from time to time, or hold special meetings at any other time or place within the township, as it deems desirable, for the transaction of business; which special meeting may be called by the township clerk, by the president of the board, or by two or more members of the board, but each member of the board must be duly notified thereof personally, or by written notice left at his residence or usual place of business. [70 v. 195, § 31; 86 v. 346.]

Sec. 3922. When the board consolidates two or more subdistricts into a new subdistrict, or establishes a new subdistrict in any other way, it shall call a special meeting of the qualified electors resident in the new subdistrict, for the purpose of electing one director for the same; at least five days before the time fixed for the meeting the board shall post, in three of the most public places in the new subdistrict, written or printed notices, s'ating time, place, and object of holding the meeting; the election shall be conducted as provided in this chapter, and a director shall be elected to serve the term, which will render the classes of directors most equal, from the annual meeting on the third Monday of April next preceding the organization of the new subdistrict; and the terms of office of the directors of subdistricts so consolidated shall expire at the time such new subdistrict is created. [75 ̊ v. 120, § 32.]

Sec. 3927. When a special district is abandoned there shall be an election of a director as provided in this chapter and for the term directed in section 3922. The clerk of the special or village district board shall deliver to the clerk of the township board all the books and papers of the special district in his custody, and notify the county auditor, in writing, of the abandonment of the organization of the district; the treasurer of the special or village district board shall deliver to the treasurer of the township board all the books, papers and money of the special or village district in his possession; the township board shall complete all unfinished business pertaining to the special or village district; any debt contracted by the special or village district board, shall be paid out of the money transferred to the treasurer of the township board, as herein provided, and out of the money arising from the taxes levied by the special or village district board; and if such funds are insuflici-nt therefor, the remainder shall be paid by a special tax upon the property of the subdistrict so created.

Sec. 3929. The school in a joint subdistrict shall be school in joint under the control of the board of education in the township in which the school-house is situate, of which board the director of the joint subdistrict shall be a member; but such school shall be supported from the school funds of the townships having territory in the joint subdistrict, in proportion to the enumeration of youth, as provided in sections thirty-nine hundred and sixty-one and thirty-nine hundred and sixty-two.

Баше.

Estimate for

site and school-house.

Sec. 3941a When in a joint subdistrict established by proceedings in the probate court, a site has been designated for a school-house, the board of education of the township in

which such site is designated shall make the necessary estimate to purchase such school-house site, and erect and furnish Report to a suitable school-house thereon; and said board shall report contr such estimate and levy to the county auditor; said levy shall making of levy be made and the money collected in like manner as the funds of money. are levied and collected for other joint subdistricts.

and collection

contingent

Certificate to county auditor upon tax

and entry

duplicate.

Sec. 3961. For a joint subdistrict the estimate required Estimate for by section thirty-nine hundred and fifty-eight shall be made fund for joint by the board of education having control of the school subdistrict. thereof, and apportioned to the several townships having ter- Apportionritory therein in proportion to the enumeration of youth in ment. the territory belonging to each; the board shall certify such estimate, so apportioned, to the county auditor, who shall add the portion for each township to the estimate for a contingent fund certified to him by its board of education, and place it on the tax list therewith for collection as part of the township estimate; when the county auditor apportions the school Transfer of funds he shall transfer to the township having control of the school, from the other townships, the amounts so assessed and collected, and certify to the clerk and treasurer of each Certificate to township the amount due the board in control of said school, tornshild including state tax, interest on the common school fund, con- treasurers. tingent fund, and money received from other sources, which Custodian of amount shall be paid to the treasurer of the board having funds. -control of the school; and such board shall cause to be kept Accounts and such accounts as will show the funds received from each town- yearly stateship, and the disposition thereof, and transmit to the other board or boards interested, at the end of the school year, a statement of such receipts and expenditures. [75 v. 84, § 35.]

Sec. 3978. In all cases of tie votes at an election for members of a board of education, the judges of election shall decide the election by lot; and in other cases of failure to elect members of the board, or in case of a refusal to serve, the board shall appoint. [70 v. 195, § 43.]

ments.

board.

Tie vote for members of Failure to elect or refusal

to serve.

board.

Sec. 3981. Vacancies in any board of education, arising Vacancies in from death, non-residence, resignation, expulsion for gross neglect of duty, failure of a person elected or appointed to qualify within ten days after the annual organization or after his appointment, or from other cause, which occur more than fifteen days before the next annual election, the board shall How filled. fill within ten days from the occurrence of the vacancy, until the next annual election, when a successor shall be elected to fill the unexpired term; provided such vacancy in township vacancy in board may be filled at the next regular meeting as prescribed township in section 3920.

board.

School-houses;

ites; rights of way; renting

of school

rooms; apparatus, etc.

Sec. 3987. The board of education of any district is empowered to build, enlarge, repair and furnish the necessary school-houses, purchase or lease sites therefor, or rights of way thereto, or rent suitable school-rooms, provide all the necessary apparatus and make all other necessary provisions for the schools under its control; also, the board shall provide Fuel; fences fuel for schools, build and keep in good repair all fences in- shade and closing such school-houses, plant when deemed desirable trees, etc. shade and ornamental trees on the school-grounds, and make

ornamental

Erection of school-houses in joint subdistrict.

Transfer of funds.

Proceedings.

Transfer of personal property.

Sale of real property and transfer of proceeds.

Suspension and expulsion of pupils.

Control of schools vested in board; appointees.

Salaries.

Terms.

Dismissals.

Unlawful employment of teachers by township board.

all other provisions necessary for the convenience and prosperity of the schools within the subdistricts.

Sec. 3989. When it becomes [necessary] to rebuild the school-house of a joint subdistrict, or for the better accommodation of scholars, to change the school-house site and erect a new building thereon, the question of such rebuilding, or of such change of site and erection of a new building, shall be determined by a majority vote of the township board of education in which the school-house is situate, and in such manner as to secure the better accommodation of a majority of scholars in the same; any funds which may be or have been assessed and collected for the building of such school-house shall be transferred to the custody of the board of education of the township in which the new building is to be erected, which board shall proceed in all matters connected with the erection of the building in accordance with the provisions of this chapter; and if the location is changed to another township, the personal property belonging to such subdistrict shall be transferred to the board of education of such township; and any real property belonging thereto, and situated in the township from which the location is changed, shall be sold by the board of education of such township, and the proceeds of the sale transferred to the board of education of the township to which the location is changed. [72 v. 63, § 36.]

Sec. 4014. No pupil shall be suspended from school by a superintendent or teacher except for such time as may be neces-sary to convene the board of education, and no pupil shali be expelled except by a vote of two-thirds of such board, and not until the parent or guardian of the offending pupil has been notified of the proposed expulsion, and permitted to be heard against the same; and no pupil shall be suspended or expelled from any school beyond the current term thereof. [70 v. 195, § 71.]

Sec. 4017. Each board of education shall have the man-agement and control of the public schools of the district with full power to appoint a superintendent and assistant superin-tendents of the schools, a superintendent of buildings, and teachers, janitors and other employes, and fix their salaries or pay, which salaries or pay may be increased but shall not be diminished during the term for which the appointment is made; but no person shall be appointed for a longer timethan that for which a member of the board is elected; and cuch board may dismiss any appointee for inefficiency, neglect of duty, immorality, or improper conduct.

Sec. 4018. It shall be unlawful for the township board of education prior to the annual election on the second Monday of April, and the qualification of the director or directors elected thereat, to employ or contract to employ any teacher for a term to commence after the expiration of the current school year; and said board at the end of any month, or at the end of the term, shall give to the teachers employed by them certificates of such employment, and of services ren-Orders for pay. dered, addressed to the township clerk, who, upon presenta-tion thereof, and compliance by such teachers with the pro-

Certificates of employment and services.

visions of section forty hundred and fifty-one, shall draw orders on the township treasurer for the amounts certified to be due, in favor of the parties entitled thereto, and the treas- Payment. urer shall pay the same.

Suit by teachers dismissed cause.

for insufficient

Sec. 4019. If the board of education of any district dismiss any teacher for any frivolous or insufficient reason, such teacher may bring suit against such district, and if, on the trial of the cause, a judgment be obtained against the district, order when the board thereof shall direct the clerk to issue an order upon judgme judgment obthe township treasurer for the sum so found due to the person entitled thereto, to pay the sarie out of any money in his hands belonging to such district, and applicable to the payment of teachers; and in such suits process may be served on Service of the clerk of the district, and service upon him shall be process. sufficient. [76 v. 58, § 1.]

Sec. 4032. The director of each subdistrict shall take the enumeration of his subdistrict and return the same to the clerk of the board of education in the manner prescribed in this chapter.

Sec. 4034. The enumeration of a joint subdistrict shall be taken by the director of the joint subdistrict in which the school-house of the subdistrict is situate. He shall designate in his report to the clerk the number of youth residing in the respective fractions of townships of which the subdistrict is composed; and the clerk, if such subdistrict is composed of parts of two or more counties, shall transmit a certified copy thereof to the auditor of each county having territory within the subdistrict. [70 v. 195, § 34; 71 v. 15, §77; 72 v. 63, § 36.]

Enumeration in subdistricts; clerk.

return to

Enumeration. diet subReport to clerk.

districts.

When com
of two or more
counties.

posed of parts

laws.

SECTION 2. All of said original sections of the Revised Repeals. Statutes, together with the amendments heretofore made thereto and amended by this act, are hereby repealed; also Conflicting sections 3918, 3919, 3949, 4033, and all acts or parts of acts, and all sections or parts of sections in conflict with the provisions of this act, are, to the extent of such conflict, hereby repealed; provided, that township districts organized as village districts, or that may hereafter organize as such, remain, and the boards thereof retain the powers and duties as now conferred by the Revised Statutes of the state.

SECTION 3. This act shall take effect and be in force from and after April 1st, 1893.

LEWIS C. LAYLIN.

Speaker of the House of Representatives.
ANDREW L. HARRIS,

Passed March 15, 1892.

82G

President of the Senate.

Township dis-tricts organized as villagedistricts.

Public libra

ries and reading rooms.

Library fund.

[House Bill No. 270.]

AN ACT

Providing for the creation of library boards for certain cities and villages, and prescribing the duties of such boards.

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SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the common council of every city not exceeding in population thirty thousand inhabitants, and of every incorporated village shall have power to establish and maintain a public library and reading room, and for such purpose may annually levy and cause to be collected, as other general taxes are, a tax not exceeding one mill on each dollar of the taxable property of such city or village, to constitute the library fund, which shall be kept by the treasurer separate How expended. and apart from other money of the city or village, and be used exclusively for the purchase of books, periodicals, necessary furniture and fixtures and whatever is required for the proper maintenance of such library and reading room.

Directors: appointment.

Term.

Classes.

SECTION 2. For the government of such library and reading room there shall be a board of six direc: ors, appointed by the council of such city or village from among the citizens thereof at large, and not more than one member of the council of such city or village shall at any one time be a member of said board. Such directors shall hold their office for three years from the date of appointment, and until their successors are appointed, but upon their first appointment they shall divide themselves at their first meeting by lot into three classes, one-third for one year, one-third for two years, and one-third for three years, and their terms shall expire accordingly. All vacancies shall be immediately reported by the directors to the proper council, and be filled by appoin ment in like manner; and if an unexpired term, for the residue of Compensation. the term only. No compensation whatever shall be paid or allowed to any director.

Vacancies.

Organization of directors.

By-laws, rules and regulations.

penditures.

Custody of building; how money drawn from treasury.

SECTION 3. Said directors shall, immediately after their appointment, meet and organize by the election of one of their number president, and by the election of such other officers as they may deem necessary. They shall make and adopt such by laws, rules and regulations for their own guidance, and for the government of the library and reading Control of ex- room, as may be expedient. They shall have the exclusive control of the expend tu es of all moneys collected for the library fund, and the supervision, care and custody of the rooms or buildings constructed, leased or set apart for that purpose, and such money shall be drawn from the treasury by the proper officers, upon the properly authenticated voucher of the board of directors, without otherwise being audited. They may, with the approval of the common council, lease and occupy, or purchase, or erect on purchased ground, an appropriate building, provided that no more than half the income in any one year can be set apart in Librarian and said year for such purchase or building. They may appoint a librarian and assistants, and prescribe rules for their conduct.

Library building.

assistants;

rules.

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