1400 Incapacity of the President

Policy Type: 

It is the legal duty of the Board of Trustees to appoint a President 'pro tempore' by a majority vote of the Board upon determination that
the President is incapacitated in such a matter that he/she is unable to perform the duties of his/her office.

The Board shall fix the compensation of the President 'pro tempore' who shall serve until the President's incapacity is removed or until the expiration of the President's contract. He/she shall perform all of the duties and functions of the President, and may be removed at any time by a five-sevenths (5/7's) vote of the members of the Board.

The Board will exercise its authority under law to determine the incapacity of the President:

A. at the request of the President with medical documentation; and

B. upon certification of a physician selected and compensated by the Board.

Where a physician selected by the Board disagrees with a physician selected by the President, the two (2) physicians shall agree in good faith upon a third impartial physician who shall examine the President. His/her medical opinion shall be binding on the issue of medical capacity to perform assigned duties. These expenses of the third examination shall be borne by the Board.

If the Board determines that the President is unable to perform the duties of his/her office, continued salary and employment shall be in accordance with the contract.

The President shall, upon request to the President 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 President to establish to its satisfaction that he/she is capable of resuming such duties on a full-time basis.

The Board may demand that the President return to active service, and upon medical documentation that the President is able to resume his/her duties, the President shall return to active service.

The President may request a hearing before the Board on any action taken under this policy.

Adopted Date: 
Monday, February 20, 1995
Board Approved