Organization of board.—The board of education so elected are required to organize in the same manner as township boards. In case the election is held on the day of the annual election in village districts the board should organize on the third Monday of April; but if the election be held at any other time, the board is required to organize on the Monday next after the election. 3914. Powers and duties of board.-The general powers and duties of boards of education are, with the exceptions above mentioned, the same, whether they are organized under that portion of the statute relating to village school districts, or that portion pertaining to township districts, and they will be found herein set forth. Special high-school districts.-For the purpose of providing schools of higher grade, any township district, village and special district within such township, may be united and organized as a special district for high school purposes, by a vote of the electors of the township at any general election. 4009a, 82 Laws, 128. Vote on union of districts for high-school purposes.-Any ten or more of the electors of any township having a village district or special district within its limits, may give ten days notice before any general election that a separate vote will be taken at the next general election in said township, in each of the districts proposed to be united, on the proposition to unite such districts or any two of them for high school purposes. The notice must be published in a newspaper published and of general circulation in the township, and be conspicuously posted in at least three public places in each district interested. The form of ballot it is provided shall be: "Special district for high-school purposes, yes," or special district for "high-school purposes, no;" and if a majority of the votes cast on the proposition, in each district, be in the affirmative, such districts shall thereafter be united for high-school purposes; and the judges of the election must certify to the court of common pleas of the county the result of the election, to be placed upon the journal of the court; whereupon it is made the duty of the court to appoint three judicious persons, one for one year, one for two years, and one for three years, residents of the township, as the board of education of such special high-school district. One member of such board is to be elected each year thereafter, to hold for three years, and until his successor is elected. Such board has all the powers of other boards of education. 40096, 82 Laws, 128. CHAPTER XXIII. SCHOOL BOARDS. SECTION 1. THE DIRECTORS. Election and term of office.-In each sub-district, and in each township not divided into sub-districts, there is to be elected by ballot, on the second Monday of April annually, by the qualified electors thereof, one competent person, having the qualifications of an elector therein, to be styled director, and whose term of office continues for three years from his election, and until his successor is elected and qualified. 3916. Notices of election.-It is the duty of the clerk of each sub-district to post up written or printed notices in three or more conspicuous places in the sub-district, at least six days prior to the day of the election, designating the day and hour of opening and closing such election. 3917. No. 129. FORM OF NOTICE. The qualified electors of the sub-school district of township will take notice that an election to choose one director of schools for said sub-district will be held Oath of office.-Such director, within five days after his election, must take an oath or affirmation to support the constitution of the United States and of the State of Ohio, and faithfully and impartially to discharge the duties of his office, which oath or affirmation may be administered by any director of any sub-district of the township or by the clerk thereof. 3916. No. 130. FORM OF OFFICIAL OATH. State of Ohio, County, Township: personally came Before me who, being sworn according to law, says that he will support the constitution of the United States and of the State of Ohio, and that he will faithfully and impartially discharge the duties of his office as director of schools, in sub-district township, during his continuance in office. of day of Township Election, when and how.-The election for director is to be held at the usual place of holding school meetings. The meeting for that purpose should organize by the appointment of a chairman and secretary, to act as judges of the election. The secretary must keep a poll-book and tally sheet, which are required to be signed by the judges; and the secretary is to deliver them to the clerk of the township within eight days after the election. In case of a tie vote, the judges must decide the election by lot. 3917,' 3978. Organization of local directors.—It is the duty of the directors to meet within five days after the second Monday of April of each year, and organize by the appointment of one of their number clerk of the sub-district. The clerk so chosen is required to preside at the official meetings of the directors, and must record their proceedings in a book provided for that purpose, together with the minutes of the proceedings of the annual school meetings held in the sub-district by the qualified clectors thereof, all of which 'As amended March 16, 1880. 77 Ohio L. 63. records are to be subscribed by such clerk, and held and taken as public records. 3918. Quorum, meetings, etc.—A majority of the directors constitute a quorum, and they may meet as they think proper and fill any vacancy in the office of clerk which may oc cur, or, in case of the absence of the clerk, either of the other directors may act temporarily in his place. But no business can be transacted at a meeting, due notice of which has not been given to each of the directors, either personally or by written notice left at his usual place of residence or business. 3918. Vacancies, how filled.-In case the electors fail to elect a director at the annual election, or in case of a vacancy arising from any other cause, any three electors of the sub-district may call a special meeting of the electors thereof, within ten days after the occurrence of the vacancy or failure to clcct, for the purpose of electing a director, on giving five days' notice of the time and place of holding such election, by posting the same in three of the most public places in the sub-district; and the local director so elected may hold office for the unexpired time to be filled and until his successor is elected and qualified. In case of a failure to hold either a general or special election, it is the duty of the township clerk to appoint some suitable resident of the sub-district to act as director until the next election and until his successor is elected and qualified. 3919. SECTION 2. THE BOARD OF EDUCATION. Who constitute.-The board of education of each township consists of the township clerk and the directors who have been appointed clerks of the respective sub-districts in the township. In townships not divided into sub-districts, or not divided into more than two sub-districts, the board consists of all the directors and the township clerk. The clerk of the township is to act as clerk of the board, but is not entitled to vote.1 3915. Organization. The board of education is to organize on the third Monday of April in each year, by appointing one of their number president, and in case of the absence of the township clerk, by appointing one of their number as clerk pro tempore, who must record their proceedings in a book provided for the purpose, which then becomes a public record. The record of the proceedings at each meeting is to be read at the next meeting, corrected if necessary, and approved, and the approval noted in the proceedings; and after such approval the president is required to sign the record, and the clerk to attest the same. 39803 3984. Meetings. It is required that the board shall hold regular sessions on the third Monday of April and the last Monday of August of each year, at the usual place of holding township elections, or as near thereto as convenient, and they may then adjourn from time to time, or may hold special meetings when it is deemed necessary. Special meetings may be called by the township clerk, by the president of the board, or by two or more members; but each member must be notified thereof, either personally or by a written notice left at his residence or usual place of business. 3920.3 President and clerk pro tem.-If at any meeting of the board either the president or clerk is absent, the members present are required to choose one of their number to serve in his place pro tempore, and if both are absent, both places 1 The board of education is made, by the statute, a body corporate, and the contracting of a debt by the board, and the di recting the issuing of an order to pay it, are corporate acts which can not be performed by the individual members of the board acting separately. The State ex rel. v. Liberty Tp., 22 Ohio St. 144. For a mere error of judgment in the discharge of their duties, without wrongful motive, an action can not be maintained gainst school directors. Stewart v. Southard, 17 Ohio, 402. 2As amended, 84 Laws, 212. 3 As amended, 86 Laws, 346. |