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Judge blocks first city schools commission meeting
By Denise Dick
YOUNGSTOWN
The new Youngstown City School District Academic Distress Commission won’t meet today as previously announced.
Judge Lou A. D’Apolito of Mahoning County Common Pleas Court granted a temporary restraining order Tuesday to prevent the panel from meeting until it has five members.
The order was requested by the Youngstown Education Association, the teachers union.
“We don’t want any major decisions to be made until there’s a decision on who the fifth person will be,” said Paula Valentini, YEA vice president.
It’s the second temporary restraining order Judge D’Apolito has granted regarding the commission. Last week, the YEA filed a complaint to prevent Carol Staten from serving on the commission and to stop Brenda Kimble, school board president, from appointing anyone who isn’t an active classroom teacher.
Kimble appointed Staten, a retired district principal who works as a substitute administrator in the city schools.
“The order of the judge ... pauses the timetable for the CEO to be appointed” pending the outcome of the dispute on Kimble’s appointment, said Dan Tierney, a spokesman for the attorney general’s office.
The chief executive officer, who will be paid by the state, will manage and operate the school district.
The law that created the new academic distress commission requires its members to appoint the CEO within 60 days of the state superintendent’s naming a commission chairman.
Richard Ross, state superintendent of public instruction, announced last Friday that Brian Benyo, president of Brilex Industries, is the chairman, meaning the 60 days would have started then.
“It does delay our process until such time that Brenda Kimble completes her appointment and it’s accepted by the judge,” Benyo said.
A hearing is set for Monday on the first temporary restraining order granted by the judge. The teachers union contends that Kimble should have appointed an active classroom teacher.
At Tuesday’s school board meeting, Kimble said she’s sticking with her appointment of Staten, which she made with the consensus of the board.
“I’m fighting for who we appointed,” she said. “Mrs. Staten has four degrees dealing with education, including special ed.”
She’s also licensed to teach in kindergarten through 12th grade, Kimble said. She contrasted that with most teachers who specialize in their grade level or subject area.
“When I say she’s been in every building, she really has been in every building,” Kimble said.
The board president’s appointment is to work as a liaison for the school board and to represent the whole district, not just one organization within it, she said.
Kim Norris, a spokeswoman for the Ohio Department of Education, said it was Ross’ “expectation that [Kimble] would appoint a teacher that was currently teaching.”
Tom Humphries, president and CEO of the Youngstown/Warren Regional Chamber, who was on the committee that initiated the Youngstown Plan legislation, agreed.
“My interpretation was it would be an active classroom teacher,” he said. “What teachers are asking for is what I was understanding was going to take place.”
In the meantime, Kimble, through school district lawyer Ted Roberts, filed a motion, asking Judge D’Apolito to dismiss the YEA’s complaint regarding the Staten appointment – contending the union lacks standing to bring the lawsuit.
The union “is attempting to appropriate Kimble’s statutory right to appoint a member to the commission because it is unhappy that Kimble appointed” an employee who is not a union member.
Valentini disagrees.
“Our position is, we believe that the appointment of Dr. Staten to the academic distress commission is a violation of the state law that says one person on the commission is to be a teacher employed by the district,” she said. “We’re very committed to making sure a teacher does serve on the commission.”
That will allow teachers to have a voice in the decisions, she said.
The agenda for the first commission meeting, which had been scheduled for today, called for discussion on the CEO’s selection and potentially seeking proposals for search firms, as well as election of a vice chairman or woman and appointment of a secretary.
Benyo envisions a CEO who can provide thoughtful, strong leadership.
“Obviously, if we could find a candidate who has that as well as a working knowledge of the education system, I think that would be the ideal combination,” he said.
The five-member commission includes Benyo; Jennifer Roller, president of the Raymond John Wean Foundation; and Laura Meeks, retired president of Eastern Gateway Community College, all appointed by Ross; Barbara Brothers, a retired Youngstown State University dean, appointed by Mayor John A. McNally; and Kimble’s appointment.