RH Jones: ORC statement on election of STRS Board Chair and Vice Chair

From: RH Jones
Sent: Sunday, January 29, 2006
Subject: ORC Concerning STRS BD Chair & V-Chair


To Dennis. Leone, John Lazares and all:

Did a STRS BD vote take place to install the BD Chair & V-Chair?

Today, according to Anderson's OnLine Documentation taken from the Ohio Gov Site states this:

"3307.11. Officers; ...
The state teachers retirement board shall elect from its membership, a chairperson and a vice-chairperson...."

To me this law is very clear: If Brown & Ramser were not elected by the board, to the office of chair and v-chair, then they occupy the seats illegally and can be removed from those board positions. One would assume that elect means by a majority vote. If, in fact, they were elected by the majority vote to those positions; they legally serve.

However, it would seem to me (a reasonable person and novice of law) that if there has been a violation of ORC 3307.11, then any votes or rulings made by the board since these two were appointed is null and void. This is my opinion.

RHJones,
CORE Legal CMTE Member