The Morning Journal (Lorain, OH)
Judge to CEO: Don’t meddle with treasurer
A Lorain County judge granted a temporary restraining order against meddling with the board and treasurer.
A Lorain County Common Pleas Court judge granted a temporary restraining order Aug. 15 barring Lorain City Schools CEO David Hardy Jr. from meddling in the Board of Education’s relationship with the district’s treasurer.
Common Pleas Judge Raymond J. Ewers granted the restraining order as a preliminary step in a lawsuit filed early Aug. 15 on behalf of the Lorain City Schools Board of Education which names Hardy, Board Treasurer Joshua Hill and the South Euclid Lyndhurst School District as defendants.
Representatives for Hardy and South Euclid Lyndhurst schools did not return calls for comment on the suit.
After this report was published online, Hardy sent a blank email with the subject line: “Completely inaccurate article.”
When asked to elaborate on what was inaccurate, Hardy did not respond.
Hill also did not return a call for comment.
The restraining order bars Hardy from interfering in the contract relationship of the Board and its treasurer, as well as stopping him performing his lawful duties including attending Board meetings, acting as the Board secretary and providing the Board with whatever information that it needs to perform its duties.
The suit is rooted in Hill’s recent attempt to leave the district to work for South Euclid Lyndhurst.
Hill entered a contract with the Lorain Board of Education on April 4, 2016, with an ending date of July 31.
But on March 14, 2018, Hardy and Hill executed a memorandum of understanding which altered the contract extending it to 2021, the suit says.
As part of the memorandum, Hardy and Hill acknowledged that all other terms of Hill’s contract with the Board still were in full effect.
The Board voted Aug. 1 to adopt the memorandum as an amendment to the contract, the suit says.
On July 29, South Euclid Lyndhurst offered Hill a job as school treasurer.
And on Aug. 4, Hill announced his acceptance of the position and tendered his resignation effective the end of the day Aug. 19, the suit says.
The Board did not accept Hill’s resignation, according to the suit.
The suit claims Hill legally is obliged to report to and is subject to the direction of the Board and that changes to state law as introduced by the Ohio House of Representative House Bill 70 does not change this.
The Board reached out to representatives of the Ohio Department of Education to clear up the subject, but the state said that House Bill 70 “was unclear regarding the power of the CEO to appoint control or employ the school treasurer” and that the issue should be addressed by legal action, the suit says.
Hardy, on the other hand, has accepted Hill’s resignation and has attempted to replace him with an interim treasurer who he has ordered not to “engage in any manner with the elected Board including attending meetings of the Board or serving as secretary to the Board,” in violation of state law, the suit says.
The suit is asking Ewers to rule that Hardy had “no authority to appoint the Lorain Schools treasurer or enter into or alter a written employment contract” with the treasurer, rule that House Bill 70 did not alter the state law pertaining to the Board’s control of their treasurer, rule that the Board has a valid and enforceable contract with Hill, bar Hill from entering into a contract with South Euclid Lyndhurst and order Hill and South Euclid Lyndhurst to cease and desist any action that could lead to a breach of his contract with the Board.
The suit is scheduled for a review hearing at 9:30 a.m. on Aug. 26, before Ewers.