South Euclid Lyndhurst sues Lorain Schools

South Euclid Lyndhurst’s Board of Education filed its own lawsuit against the Lorain City Schools Board.

South Euclid Lyndhurst’s Board of Education filed its own lawsuit Aug. 21 against the Lorain City Schools Board.

The suit was filed in Cuyahoga County Common Pleas Court and claims that Lorain’s Aug. 1 decision to adopt a memorandum of understanding Treasurer Joshua Hill entered into with school CEO David Hardy Jr. which extended his contract into 2021 and their refusal to accept Hill’s resignation, constitutes an interference with their own contract with Hill.

Lorain Schools Board President Mark Ballard declined to comment on the lawsuit.

Hill was offered a job by the east side school district July 29 and he announced his acceptance of that position Aug. 4.

He was intending that his last day with Lorain Schools would be Aug. 19.

The Lorain Schools Board filed its lawsuit Aug. 15 in Lorain County Common Pleas Court stopping Hardy and South Euclid Lyndhurst from interfering with the contract relationship between the Board and Hill.

Lorain County Common Pleas Judge Raymond J. Ewers granted a temporary restraining order the day that suit was filed which bars Hardy from interfering in the contract relationship of the board and its treasurer, as well as stopping Hill from performing his lawful duties including attending board meetings, acting as the board secretary and providing the board with whatever information it needs to perform its duties.

The question at the heart of both suits is whether Ohio House Bill 70 grants a state-appointed CEO powers over employees directly under the control of an elected school board.

As evidenced in each of their suits, South Euclid Lyndhurst believes it does and Lorain believes it does not.

In the Lorain Schools Board’s suit, it claims the members reached out to representatives of the Ohio Department of Education to clear up the subject, but the state said that HB 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.

South Euclid Lyndhurst has argued that Lorain’s actions are an attempt to stop Hill from performing under the contract he entered with them and would cause the district “significant damage and expense as it would not have a treasurer for the 2019-2020 school year,” according to their suit.

The Lorain suit is asking a judge 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 HB 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 South Euclid Lyndhurst suit is seeking monetary damages in excess of $25,000.

The Lorain suit is scheduled for a review hearing at 9:30 a.m., Aug. 26, before Ewers.

The South Euclid Lyndhurst suit has not been scheduled for a hearing, according to Cuyahoga County Common Pleas Court records.

Hill