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Appeals court says Kimble must appoint classroom teacher by Monday
By Denise Dick
YOUNGSTOWN
Brenda Loses
Document
Court documents regarding the case of Youngstown Education Association OEA/NEA vs. Brenda Kimble
Brenda Kimble, city school board president, has until Monday to appoint an appropriate teacher to the academic distress commission, the 7th District Appeals Court ruled.
The ruling came Friday, a day after judges Cheryl Waite, Mary DeGenaro and Carol Ann Robb heard testimony from attorneys representing Kimble, the city schools teachers union and the Ohio Attorney General’s Office.
Their decision affirms the earlier ruling of Judge Lou A. D’Apolito of Mahoning County Common Pleas Court ordering Kimble to appoint a teacher, using the “common and ordinary meaning as someone whose occupation is teacher, especially children.”
“Kimble appears to argue that the words ‘teacher’ and ‘employed’” in the law “do not need to be read together and that the statute would be satisfied as along as a person is licensed as a teacher and is employed in any manner by the district,” Judge Waite wrote in her opinion with which Judges DeGenaro and Robb concurred.
“This is a tortured reading of the statute and runs contrary to the canon of statutory construction that words are to be given their ordinary meaning,” Judge Waite wrote.
Neither Kimble nor Atty. Ted Roberts, who represents her, could be reached to answer whether she would further appeal the decision.
At least one school board member, however, believes Kimble should abide by the judges’ decision.
“I personally feel this court process has gone on long enough,” said Jackie Adair. “We’ve spent enough taxpayer dollars on an effort that was not, to me, absolutely necessary.”
It’s time to move on and allow the academic distress commission to do what the law requires of it, and the school board can then figure out its role, Adair said.
Paula Valentini, a spokeswoman for the Youngstown Education Association, the teachers union, and a Harding Elementary School teacher, agreed. She said the union is pleased that judges have again agreed with the union’s contention the appointment should go to an active classroom teacher.
“We hope that Mrs. Kimble will respect the decision and appoint one of the hard-working, accomplished teachers in our district,” she said.
Among its duties, the five-member commission will appoint a chief executive officer to manage and operate the school district. It’s part of the Youngstown Plan, legislation enacted last summer.
The CEO, who will be paid by the state, will have broad authority including firing administrators, reopening contracts and closing failing schools.
Kimble was to appoint a teacher as one of the five commission members. She appointed Carol Staten, a distant cousin, however, who was a substitute principal at the time of her appointment. Staten has since been appointed principal of Discovery at Volney.
The YEA filed a lawsuit arguing that the appointment should have gone to a regular classroom teacher in the district.
Roberts contended in court that Staten meets the definition of a teacher.
Both Magistrate Daniel Dascenzo and Judge D’Apolito agreed with the teachers union. Kimble appealed to the 7th District.
While the case has been making its way through the courts, the commission has been unable to meet. Its other four members are chairman Brian Benyo, president of Brilex Industries; Laura Meeks, retired president of Eastern Gateway Community College; Jennifer Roller of the Raymond John Wean Foundation, all appointed by the state superintendent of public instruction; and Barbara Brothers, a retired Youngstown State University dean, appointed by Mayor John A. McNally.
Benyo said he would reserve comment until the parties involved decide how they will proceed.
The union lawsuit against Kimble is just one stemming from the Youngstown Plan.
In a second suit, filed in Franklin County, the city school board and the teachers and classified employees unions seek to have the Youngstown Plan declared unconstitutional and invalid.
That case is set for trial in September.
The Franklin County judge denied a motion by the unions and school board for an injunction to stop the Youngstown Plan from taking effect.
The board and unions have appealed that decision.