State v. Perkins Local Sch. Bd. of Educ.

98 N.E.3d 1117, 2017 Ohio 7991
CourtCourt of Appeals of Ohio, Sixth District, Erie County
DecidedSeptember 29, 2017
DocketNo. E–16–081
StatusPublished
Cited by10 cases

This text of 98 N.E.3d 1117 (State v. Perkins Local Sch. Bd. of Educ.) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Sixth District, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Perkins Local Sch. Bd. of Educ., 98 N.E.3d 1117, 2017 Ohio 7991 (Ohio Super. Ct. 2017).

Opinion

MAYLE, J.

{¶ 1} Appellant, Malinda Sommers, appeals the November 16, 2016 judgment of the Erie County Court of Common Pleas denying her motion for summary judgment, granting the motion for summary judgment of appellee, Perkins Local Schools Board of Education ("the board"), and dismissing her petition for a writ of mandamus. After a careful review of the record, we affirm the trial court's judgment.

I. Background

{¶ 2} Sommers is a teacher who worked at Perkins Local Schools ("Perkins Schools") from the 2006-2007 school year through the 2012-2013 school year on successive limited contracts. Sommers's employment was governed by the Revised Code and a collective bargaining agreement ("CBA") between the board and the Perkins Education Association ("the PEA"), the union that represents teachers employed by Perkins Schools.

{¶ 3} This dispute centers on whether Sommers had a clear legal right to a continuing contract as of April 2013 when the board voted not to renew her limited contract and terminated her employment with Perkins Schools. Sommers, with the PEA's assistance, lodged a grievance against Perkins Schools, claiming that she has a right to a continuing contract. Sommers's grievance *1120advanced through Level Three of the CBA's grievance procedure, where it was denied by the board. Sommers then requested that the PEA advance her grievance to Level Four, which is arbitration. The PEA voted not to advance Sommers's grievance to arbitration.

{¶ 4} Instead of initiating arbitration without the PEA's support, Sommers filed suit in the Erie County Court of Common Pleas. She requested a writ of mandamus ordering the board to issue her a continuing contract beginning with the 2011-2012 school year. Both parties filed motions for summary judgment. The trial court denied Sommers's motion and granted summary judgment in favor of Perkins Schools. The trial court found that Sommers has a clear legal right to a continuing contract under R.C. 3319.11, and that the board has a corresponding clear legal duty to issue a continuing contract to Sommers, but ultimately concluded that she was not entitled to mandamus relief because she had an adequate remedy at law. The trial court reasoned that Sommers failed to exhaust her remedies under the CBA when she did not pursue a Level Four arbitration without the PEA's support and assistance.

{¶ 5} As discussed further below, we affirm the trial court's judgment, although we affirm for a different reason. "A judgment by the trial court which is correct, but for a different reason, will be affirmed on appeal as there is no prejudice to the appellant." Bonner v. Bonner , 3d Dist. Union No. 14-05-26, 2005-Ohio-6173, 2005 WL 3111940, ¶ 18. We find that Sommers did not have a clear legal right to a continuing contract for the 2011-2012 or 2012-2013 school years, and Sommers is not entitled to mandamus relief as a matter of law. The trial court therefore reached the right result when it granted summary judgment to Perkins Schools.

II. Facts

{¶ 6} Under Ohio law, there are generally two types of employment contracts for teachers: "limited contracts" and "continuing contracts." R.C. 3319.08(A). Limited contracts are for a set term, not to exceed five years. R.C. 3319.08(C)(3). Continuing contracts (sometimes referred to as tenure) are awarded to teachers who meet certain eligibility requirements, and remain in effect until the teacher resigns, retires, is suspended, or is terminated. R.C. 3319.08(D).

{¶ 7} Sommers began working as a Perkins Schools teacher in the 2006-2007 school year, and taught on consecutive limited contracts after that. Her most recent limited contract was issued on April 14, 2010. At that time, the board issued Sommers a three-year limited contract that employed her for the 2010-2011, 2011-2012, and 2012-2013 school years.

A. Request for Continuing Contract for 2011-2012 School Year

{¶ 8} On February 20, 20111 , in the midst of the first year of her limited contract, Sommers sent the Perkins Schools superintendent a written request for a continuing contract for the 2011-2012 school year. Perkins Schools does not dispute that Sommers had met the general statutory eligibility requirements for a continuing contract under R.C. 3319.08(D) and 3319.11(B) by the time she made this first request.

{¶ 9} On February 22, 2011, the superintendent informed Sommers that the board could not consider Sommers's request because *1121she failed to submit her request before October 15, 2010, as specified in section 6.01(F) of the CBA (stating that the request must be made "no later than October 15 of any year [the teacher] may be eligible for a continuing contract."). He stated, "Unfortunately, we are not able to honor your request for consideration of a continuing contract for next year due to your request being significantly after the deadline."

{¶ 10} In response, Sommers asked the superintendent to consider her request "as significantly early" for the next school year. The superintendent agreed to keep Sommers's request for continuing contract for the "next school year."

B. Request for Continuing Contract for 2012-2013 School Year

{¶ 11} On October 6, 2011, Perkins Schools confirmed in writing that Sommers was among the Perkins Schools teachers who were seeking a continuing contract for the 2012-2013 school year.

{¶ 12} On December 2, 2011, the principal of the school in which Sommers taught sent her a letter addressing areas of professional concern that he said "will have to be addressed in order for me to consider you for a continuing contract."

{¶ 13} Neither the superintendent nor the board took any action on Sommers's request for continuing contract for the 2012-2013 school year.

C. Request for Continuing Contract for 2013-2014 School Year

{¶ 14} On October 8, 2012, Sommers submitted yet another request for a continuing contract, this time beginning with the 2013-2014 school year.

{¶ 15} On March 20, 2013, the Perkins Schools superintendent recommended that the board not renew Sommers's limited contract. The board accepted this recommendation and on April 29, 2013, voted to not renew Sommers's limited contract and terminated her employment with Perkins Schools. On April 30, 2013, the board sent Sommers written notification of its decision to terminate her employment.

D. Grievance Against Perkins Schools

{¶ 16} The PEA, on Sommers's behalf, filed a grievance with the board. The grievance proceeded through the first three levels of the CBA's grievance procedure; the board denied the grievance at each level. Level Four of the CBA grievance procedure is arbitration. Section 4.07(A) of the CBA states, "If the aggrieved person and the Association are not satisfied with the disposition in Level Three, he/she may demand that the issue be submitted to arbitration within five (5) work days after the Level Three hearing."

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Cite This Page — Counsel Stack

Bluebook (online)
98 N.E.3d 1117, 2017 Ohio 7991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-perkins-local-sch-bd-of-educ-ohctapp6erie-2017.