State ex rel. McGinty v. Cleveland City School District Board

690 N.E.2d 1273, 81 Ohio St. 3d 283
CourtOhio Supreme Court
DecidedMarch 25, 1998
DocketNo. 97-429
StatusPublished
Cited by45 cases

This text of 690 N.E.2d 1273 (State ex rel. McGinty v. Cleveland City School District Board) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. McGinty v. Cleveland City School District Board, 690 N.E.2d 1273, 81 Ohio St. 3d 283 (Ohio 1998).

Opinion

Per Curiam.

Oral Argument

McGinty requests oral argument for this appeal. Under S.Ct.Prac.R. IX(1), certain appeals must be orally argued. In all other appeals, including this one, the court “may order oral argument on the merits either sua sponte or in response to a request by any party.” S.Ct.Prac.R. IX(2)(A). Among the factors we consider in determining whether to grant oral argument under S.Ct.Prac.R. IX(2)(A) are whether the case involves a matter of great public importance, complex issues of law or fact, a substantial constitutional issue, or a conflict between courts of appeals. Cf. S.Ct.Prac.R. II(1)(A); Section 2(B)(2), Article IV, Ohio Constitution.

For the following reasons, oral argument is not warranted. First, this case does not involve a matter of great public importance. There is no evidence or argument that this case will affect more administrators than McGinty. Second, the legal and factual issues are not sufficiently complex to warrant oral argument. Third, although McGinty raises a constitutional issue, i.e., the claimed retroactive application of the 1987 amendment to McGinty’s employment, this issue is not a substantial one and can be resolved without oral argument. See discussion infra. Fourth, McGinty does not claim any conflict between courts of appeals. Finally, McGinty does not specify in his request any reason why oral argument would be beneficial to a resolution of this appeal.

[287]*287Based on the foregoing, we deny McGinty’s request for oral argument and proceed to the merits of his appeal.

Merits

McGinty asserts in his various propositions of law that the court of appeals erred by denying the writ of mandamus. In order to be entitled to the writ, McGinty had to establish a clear legal right to the issuance of two-year contracts from the 1992-1993 school year through the 1995-1996 school year and a corresponding clear legal duty for the board to provide these contracts. State ex rel. Stiller v. Columbiana Exempted Village School Dist. Bd. of Edn. (1995), 74 Ohio St.3d 113, 114, 656 N.E.2d 679, 680. The parties stipulated that McGinty lacked an adequate remedy in the ordinary course of law to compel the board to perform the requested acts. See, generally, State ex rel. Donaldson v. Athens City School Dist. Bd. of Edn. (1994), 68 Ohio St.3d 145, 149, 624 N.E.2d 709, 713.

The court of appeals determined that McGinty was employed under contracts by operation of law for school years 1987-1989, 1989-1991, and 1991-1993, and that he was properly notified of his termination of employment at the conclusion of the 1992-1993 school year.

McGinty contends that although the court of appeals correctly implied two-year contracts by operation of law, it erred in holding that his first contract by operation of law was for school years 1987-1989. McGinty claims that construing Am.H.B. No. 107, the 1987 amendment to R.C. 3319.02, to require an initial contract for 1987-1989 retroactively impairs his preexisting contract for the 1987-1988 school year. According to McGinty, the appropriate interpretation of the 1987 amendment to R.C. 3319.02 requires that his first two-year contract by operation of law be for 1988-1990 rather than 1987-1989, with subsequent two-year contracts for 1990-1992, 1992-1994, and 1994-1996 under R.C. 3319.02(C). Under McGinty’s interpretation, the board’s notice of nonrenewal at the conclusion of the 1992-1993 school year did not terminate his employment because it did not come during the last year of his two-year contract for 1992-1994.

For the following reasons, McGinty’s contentions are meritless and he was employed under contracts by operation of law for 1987-1989, 1989-1991, and 1991-1993, and his employment with the board was properly terminated at the conclusion of the 1992-1993 school year.

Under R.C. 3319.02, as amended in 1987, the board had an express duty to execute a written employment contract for each “other administrator,” including McGinty. R.C. 3319.02(C) (“The board of education shall execute a written contract of employment with each * * * other administrator it employs or reemploys.”); State ex rel: Smith v. Etheridge (1992), 65 Ohio St.3d 501, 504, 605 N.E.2d 59, 62. Because the board did not comply with its R.C. 3319.02(C) duty, [288]*288McGinty was entitled to a contract by operation of law beginning with the September 10, 1987 effective date of the amendment to R.C. 3319.02.

The term of this initial contract was the statutory minimum of two years,' from September 1987 to the end of the 1988-1989 school year. See R.C. 3319.02(C) (“[I]n the case of a person who has been employed by the school district as an * * * other administrator for three years or more, the term of his contract shall be for not more than five years and, unless the superintendent of the district recommends otherwise, not less than two years.”); cf. Hara v. Montgomery Cty. Joint Vocational School Dist. (1996), 75 Ohio St.3d 60, 661 N.E.2d 711, and Barton v. Warren City School Dist. Bd. of Edn. (Nov. 22, 1996), Trumbull App. No. 96-T-5395, unreported, 1996 WL 701181, holding that initial automatic renewals under former R.C. 3319.11 were for minimum one-year terms rather than maximum terms permitted by statute. “ ‘The extraordinary writ of mandamus cannot be used to control the exercise of administrative or legislative discretion.’ ” State ex rel. Crabtree v. Franklin Cty. Bd. of Health (1997), 77 Ohio St.3d 247, 249, 673 N.E.2d 1281, 1283, quoting State ex rel. Dublin v. Delaware Cty. Bd. of Commrs. (1991), 62 Ohio St.3d 55, 60, 577 N.E.2d 1088, 1093. Here, McGinty does not contend that if the board had exercised its discretion, he would have received a written employment contract beginning in September 1987 with a term longer than the statutory minimum of two years for administrators employed for three years or more by the board.

As noted previously, McGinty instead claims that the proper statutory interpretation of the 1987 amendment to R.C. 3319.02 requires that his first contract by operation of law be for 1988-1990 rather than 1987-1989, and that construing Am.H.B. No. 107 to require an initial contract for 1987-1989 retroactively impairs his preexisting contract for the 1987-1988 school year. To support his claim of an initial contract for 1988-1990 rather than 1987-1989, McGinty relies on Donaldson, in which the court held that under the 1987 amendment to R.C. 3319.02, the administrator was deemed reemployed for the 1988-1989 school year by operation of law under R.C. 3319.02(C) when the school board did not give him timely written notice of its intention not to reemploy him before or on the last day of March 1988.

McGinty’s claims require statutory interpretation of Am.H.B. No. 107. Am. H.B. No. 107 contains no retrospective language and therefore operates only prospectively. See Cole v. Holland (1996), 76 Ohio St.3d 220, 224-225, 667 N.E.2d 353, 356; R.C. 1.48 (“A statute is presumed to be prospective in its operation unless expressly made retrospective.”).

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Bluebook (online)
690 N.E.2d 1273, 81 Ohio St. 3d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mcginty-v-cleveland-city-school-district-board-ohio-1998.