Opinion

Geib v. Triway Local School District Board of Education

  • 84 Ohio St. 3d 447
  • 705 N.E.2d 326
Court
Ohio Supreme Court
Filed
Feb 17, 1999
Status
Published
Author
Stratton
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
12 cases
Authority
More cited than 15.2%

The opinion

Lundberg Stratton, J.,

concurring. I agree with the majority, except I would further clarify the board’s liability for backpay.

In Gerner v. Salem City School Dist Bd. of Edn. (1994), 69 Ohio St.3d 170 , 630 N.E.2d 732 , this court held:

‘When a board of education violates R.C. 3319.11(G)(2) by failing to adequately describe the circumstances that led to its decision not to reemploy a teacher, a court in an appeal under R.C. 3319.11(G)(7) may award the teacher back pay until the board provides an adequate statement of the circumstances.” (Emphasis added.) Id. at syllabus.

At oral argument, the board’s counsel indicated that the board has now provided Geib with an adequate statement of the circumstances pertaining to the *452 board’s failure to reemploy her. Assuming this to be true and further assuming that the statement provided to Geib meets the test set out by the majority, it is my opinion that, pursuant to Gemer, the board is no longer under an obligation to provide Geib any further statement. It is also my opinion that under these circumstances Gemer dictates that the board would owe Geib backpay from the last date of her employment until the date that the board provided her the adequate statement as to why she was not reemployed.

Therefore, I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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