School Board president challenges openness of distress commission

Lorain City School Board President Anthony Dimacchia sent an email asking for all application information for a chief executive officer position and all telephone call and email records between Lorain Academic Distress Commission members.

On July 24, the Lorain Academic Distress Commission hired David Hardy Jr. as chief executive officer of the district, according to the email.

Dimacchia made a public records request by email of Tony Richardson, chair of the academic distress commission; Dr. Jeff Graham, superintendent of Lorain City Schools; Anthony Giardini, legal counsel for Lorain Schools, regarding the entire hiring process.

The request was sent by mail to Jim Hager, president of Atlantic Research Partners; and Ohio Superintendent of Public Instruction Paolo DeMaria, according to the email.

“We have reason to believe that the Academic Distress Commission’s private hiring process for the new CEO violated Ohio Sunshine Laws and therefore may be void as a matter of law,” Dimacchia wrote. “Accordingly, we are requesting public records to understand the process the Commission followed in hiring Mr. Hardy. Given the short time frame from advertising the position to narrowing the field to five to selecting a candidate and negotiating an employment contract, we seek to understand how the process followed applicable laws.”

Dimacchia cited Ohio law requiring public bodies to conduct all business in open meetings.

Courts have held employment applications are public documents, Dimacchia wrote, because the Ohio Supreme Court found “unquestioned public interest in the qualifications of potential applicants for positions of authority in public employment,” he wrote, quoting the court.

He asked for copies of contracts with Atlantic Research Partners, advertising for the CEO position in Lorain, for a Green Woods Charter School CEO in June 2016, and a principal position for Youngstown City Schools.

He also requested all documents and scoring system for 37 applicants narrowing the Lorain field to five candidates, and the system used in the other searches.

The list also includes all emails sent from the CEO search firm to Richardson or DeMaria, and all emails sent to or received by Richardson in the last 60 days as part of his official duties as chair of the academic distress commission, copies of all communications between academic distress commission members from April 1, 2017, to present.