Doe v. Ronan
937 N.E.2d 556
Ohio2010Background
- Doe, previously convicted in 1976 for drug trafficking, expunged in 1997, later employed by CPS in admin roles.
- In 2008, Doe entered a two-year contract with CPS that was conditioned on state certification.
- 2007 HB 190 extended background checks to nonlicensed school-district employees and enacted R.C. 3319.391.
- nov. 2008 background check disclosed the 1976 conviction; CPS terminated Doe under new law and rules.
- Regulations adopted in 2009 created rehabilitation paths for nonlicensed employees (3301-20-03) differing from licensed rules (3301-20-01).
- Doe sued asserting contract impairment and retroactivity; Ohio Supreme Court addressed certified state-law questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does R.C. 3319.391 and 3301-20-01 impair the contract? | Doe argues impairment of contract and retroactivity. | CPS/State contend no substantial impairment; statutes become implied contract terms. | No substantial impairment; statutes incorporated as implied terms. |
| Are R.C. 3319.391 and related rules retroactive? | Doe asserts retroactive effect on vested employment rights. | State argues prospective application; no undue retroactivity. | Not retroactive; does not violate retroactivity clause. |
Key Cases Cited
- Aetna Life Ins. Co. v. Schilling, 67 Ohio St.3d 164 (Ohio 1993) (contracts incorporate statutes as terms)
- Smith v. Smith, 109 Ohio St.3d 285 (Ohio 2006) (retroactive-law impairment analysis for vested rights)
- Holdeman v. Epperson, 149 Ohio St. 157 (Ohio 1948) (statutory provisions control contract terms)