In the case of State ex rel. Jones v. Dayton Pub. Schools Bd. of Edn., 2020-Ohio-4931, an Ohio appellate court nullified the nonrenewal of a treasurer’s employment contract because the school board violated the special meeting notice provisions of the Ohio Sunshine Law.
In this case, the school board’s special meeting notice failed to comply with the Ohio Sunshine Laws (R.C. 121.22(F) and (H)) since the special meeting notice did not provide the “purpose” of the special meeting – i.e., considering the nonrenewal of the treasurer – and, therefore, the failure to provide the purpose of the special meeting invalidated the nonrenewal action and resulted in the treasurer being “deemed re-employed for a term of one year at the same salary plus any increments that the board may authorize” pursuant to R.C. 3313.22(A). See, also, R.C. 3313.16 (setting forth additional special meeting notice requirements).
While R.C. 3313.22(A) specifically provides that “[t]he board shall execute a written contract of employment with the treasurer,” the appellate court nonetheless found that the school board was not required to issue the treasurer with a written contract since “the treasurer is deemed re-employed for a term of one year” by virtue of the school board failing to properly nonrenew the treasurer.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.