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Let Youngstown academic panel meet, state urges
YOUNGSTOWN
The Academic Distress Commission for the Youngstown City Schools wants to be allowed to meet, and it has filed an objection to the magistrate’s decision that gives the teachers union standing to challenge an appointment to the commission.
The objection was filed on the panel’s behalf Wednesday by Ohio Attorney General Mike DeWine and Michael T. Fisher and James D. Miller, assistant state attorneys general.
They are objecting to a Dec. 16 decision by Magistrate Daniel Dascenzo of Mahoning County Common Pleas Court.
Dascenzo’s decision bars Brenda Kimble, school board president, from appointing Carol Staten, who was Kimble’s choice, or anyone else who isn’t a district teacher, to the commission.
Dascenzo’s decision arose from a lawsuit by the Youngstown Education Association against Kimble and Staten.
That lawsuit sought to bar Staten’s appointment and require Kimble to appoint an active teacher.
Staten is a retired city school principal who works in the district as a substitute administrator.
“The appointment of a YEA union member is not the only possible appointment, and therefore the YEA cannot compel a union appointee,” the commission’s objection said.
The ADC also objects to the magistrate’s decision that the commission should be prevented from meeting until the lawsuit is resolved.
“This court’s injunction prohibiting the formation of the ADC is causing irreparable harm to the children of the Youngstown City School District and therefore is against the public’s best interest,” the commission’s objection said.
“The four lawfully appointed members of the ADC should be permitted to meet and take action in light of the fact that the four members meet and exceed the quorum necessary for the ADC to meet and act,” the ADC’s objection added.
“The YEA will not suffer irreparable harm if the four ADC members are permitted to meet because a YEA member may be added if the YEA is successful in the underlying lawsuit,” the filing on behalf of the commission said.
Last week, Atty. Ted Roberts, who represents Kimble, filed an objection on her behalf, in which he argued that state law defines a teacher as someone employed by an Ohio public school district, who is licensed to teach, including a principal, supervisor or superintendent.
Staten has a teaching license, Roberts said.
Kimble has contended that Staten is a teacher.
The objections will be considered by Judge Lou A. D’Apolito of the county common pleas court.
State legislation known as the Youngstown Plan calls for three commission members to be appointed by Richard Ross, state superintendent of public instruction; one by Youngstown Mayor John A. McNally; and a fifth, who must be a teacher, by the school board president.
Ross appointed Brian Benyo, president of Brilex Industries; Laura Meeks, the recently retired Eastern Gateway Community College president; and Jennifer Roller, president of the Raymond John Wean Foundation.
McNally appointed Barbara Brothers, retired dean of Youngstown State University’s College of Arts and Sciences.
Benyo is chairman of the commission, which will appoint a chief executive officer to manage the school district.
Although the court dispute prevents the ADC from formally meeting, commission members have toured schools and met with teachers and administrators, in pairs, to avoid running afoul of state open-meeting laws.