Galloway v. Firelands Local School Dist. Bd. of Edn.
2013 Ohio 4264
Ohio Ct. App.2013Background
- Galloway was a 15-year non-teaching employee at Firelands Local School District and received a Loudermill notice in 2010 regarding potential termination.
- A Loudermill hearing was held; the superintendent later recommended termination and scheduled a School Board hearing for December 13, 2010.
- Galloway did not attend the December 13, 2010 Board hearing; the superintendent later advised that the Board voted to terminate and offered a last-chance agreement.
- Galloway received another letter in December 2010 stating termination effective December 17, 2010 for failure to accept the last-chance agreement, prompting an administrative appeal to the Lorain County Court of Common Pleas.
- The parties agreed to dismiss the initial appeal and conduct a second Board hearing; the Board sent a transcript and a letter in April 2011 indicating the Board had affirmed termination.
- The trial court reversed the Board’s decision in February 2012 for lack of Board findings and remanded to the Board; the Board appeals, challenging jurisdiction due to lack of a final Board order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a final Board order subject to appeal under R.C. 2506.01 | Galloway contends the Board's final action is the Board’s decision communicated in Board-related documents. | The letter from the superintendent, not the Board, conveys the action and does not constitute a final Board order. | No final Board order present; trial court lacked subject-matter jurisdiction. |
Key Cases Cited
- Kiel v. Green Local School Dist. Bd. of Edn., 69 Ohio St.3d 149 (1994) (defines final order under R.C. 2506.01 and includes school boards)
- Wright v. Ohio Adult Parole Auth., 75 Ohio St.3d 82 (1996) (subject-matter jurisdiction cannot be waived)
- Burns v. Daily, 114 Ohio App.3d 693 (1996) (de novo review of jurisdiction; final order requirement)
- A.M.R. v. Zane Trace Local Bd. of Edn., 2012-Ohio-2419 (2012) (superintendent-authored final-order-like action distinguished by explicit board authorization)