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Appeals court judges expediting Youngstown Distress Commission appointment case
By Denise Dick
YOUNGSTOWN
The 7th District Court of Appeals judges expect to issue a decision soon regarding an appointment to the city schools academic distress commission and whether its members can begin to meet.
Attorneys for the city school board president, the teachers union and the Ohio Attorney General’s office presented arguments Thursday regarding school board President Brenda Kimble’s appointment of Carol Staten, a principal, to the academic distress commission. Staten was a substitute administrator at the time of her appointment to the commission.
The five-member commission, part of the state Youngstown Plan legislation, is to appoint a chief executive officer to operate the school district.
The Youngstown Education Association, the teachers’ union, filed a lawsuit over Kimble’s appointment of Staten, arguing it should be a current classroom teacher.
The law says the school board president’s appointment is to be a teacher.
Atty. Ted Roberts, who represents Kimble, argued that the union lacks standing to bring the suit.
Judges Cheryl Waite, Mary DeGenaro and Carol Ann Robb are hearing the case. Judge Waite said she expects a ruling soon as the appeal is being expedited.
“Who better to exercise these rights than YEA?” asked Judge Waite. Judge DeGenaro compared the union’s action to a class action lawsuit.
“The union doesn’t represent all teachers in the district such as substitute teachers and teachers on special assignment,” Roberts said.
He said the lower court interpreted the law to mean regular classroom teacher, but there is no definition in the legislation. It says a teacher employed by the district, Roberts said.
Staten testified that on occasion she teaches class, he said.
“She testified that she considers herself a teacher,” Roberts said. “‘Once a teacher, always a teacher.’”
Staten is licensed as a teacher and is employed by the district.
Judge DeGenaro asked if she had taught 30 years ago, maintained her license and worked as school district counsel if she could be appointed to the commission.
“You could be,” Roberts said.
He said Kimble appointed Staten because of her broad background within the district.
James Miller, an assistant Ohio attorney general, also contends that the union doesn’t have standing to bring the suit. The AG’s office is representing the academic distress commission.
He said four members have been appointed to the commission and their appointments aren’t in dispute. Those members should be able to meet to begin the commission’s work.
Miller also pointed to the lawsuit filed in Franklin County Common Pleas Court. In that case, the school board, teachers union and the union representing non-teaching employees filed a suit against the state, asking the court to declare the Youngstown Plan unconstitutional.
That case is pending, but the Franklin County judge denied a motion the parties sought to stop the commission from moving forward.
That judge found that the children of the city schools would be harmed by the commission not proceeding with its charge, Miller said.
Atty. Charles Oldfield, who represents the teachers’ union, said the lower court used the common definition of teacher.
“Aren’t you interfering with the board president’s discretion?” by bringing the suit over Staten’s appointment, Judge DeGenaro asked.
“No,” Oldfield answered. “The Legislature limited her discretion. They chose to use the word teacher.”
The Legislature could have used the words “principal, administrator or superintendent” in the legislation, but it didn’t, he said.
When no definition is provided, the plain and ordinary meaning of a word should be used, Oldfield said.
Even if the appeals court affirms the lower court’s decision, the case likely will continue.
The school board last February approved a resolution authorizing Roberts’ law firm “to defend to conclusion, including any appeals, this litigation, which challenges Defendant Kimble’s appointment to the Youngstown Academic Distress Commission.”
Kimble, her son, Ronald Shadd and members Michael Murphy and Jerome Williams voted in favor of the resolution; and members Jackie Adair, Dario Hunter and Corrine Sanderson were opposed.