NILES SCHOOLS State official: Administrator appointment is invalid

The school board will meet again at noon Thursday to discuss personnel.
By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
NILES -- An administrative job offer made by the board of education to the Weathersfield schools superintendent is not valid under Ohio law.
In a special meeting Monday, school board members voted 3-2 to appoint Rocco D. Adduci, current superintendent for Weathersfield Local Schools, as assistant superintendent, with the idea he would replace Patrick N. Guliano as Niles superintendent beginning this fall.
But Rick Dickinson, general counsel for the Ohio School Boards Association in Columbus, said the vote was not valid because the current superintendent did not recommend the action.
Ohio Revised Code, section 3319.02(C) says "assistant superintendents, principals, assistant principals, and other administrators shall only be employed or re-employed in accordance with nominations of the superintendent."
Agendas for board meetings traditionally list all resolutions the board is expected to vote on, prefaced with wording that the recommendations for passage come from the superintendent. The agenda for Monday's meeting had no such wording.
"They've obviously got a couple of problems," Dickinson said.
Didn't make recommendation
Guliano said Tuesday he did not make the recommendation or ask that it be placed on the agenda for Monday's meeting.
Schools Treasurer Linda C. Molinaro, who prepares agendas for board meetings, referred all questions to Guliano and board members. She declined to comment on who instructed her to place the resolution on the agenda.
Board President John H. Davis said he knew the agenda was prepared before the Monday morning meeting and he believed Guliano had made the recommendation.
"Geez, you've got me," he said. "I assume the recommendation came from Pat. I guess we'll have to see what we need to do."
According to the Ohio Revised Code, the board may, by a three-fourths vote, re-employ any administrator whom the superintendent refuses to nominate.
The ORC does not say anything about overriding the lack of a recommendation to initially employ such an administrator.
Davis said board members will need "to educate ourselves about this rather quickly," and learn what, if anything, they need to do.
"I guess if that's the case, we may have to go back and do it again," he said. "This is all uncharted territory for us."
Thursday meeting set
The board is scheduled to meet in special session at noon Thursday in the administrative offices, 100 West St., to discuss personnel and the district's financial status. The meeting was called by Davis.
Dickinson said the board could meet and rescind the vote from Monday's meeting, and then start over with a recommendation from the superintendent.
"The other option of a three-fourths vote doesn't apply, because it only addresses re-employment," he said. "If they don't get a recommendation, then the law says they can't make the hire."
Guliano submitted his resignation from his position, effective July 31, to the board at last week's regular meeting.
slshaulis@vindy.com