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Hunt v. Westlake City School Dist. Bd. of Edn.9/24/1996
CHARACTER OF PROCEEDING: MANDAMUS
JUDGMENT: WRIT DENIED. JUDGMENT FOR RESPONDENT
Frances Hunt, relator, is seeking a writ of mandamus to enforce the appellate judgment of this Court rendered in Hunt v. Westlake City School District (1995), 100 Ohio App.3d 233, 653 N.E.2d 732. For the reasons that follow, we decline to issue the writ and, accordingly, enter judgment for respondent, the Westlake City School District Board of Education (hereinafter the "Board").
A chronology of events, including stipulated facts of the parties, which led to the filing of this action is as follows. For both semesters of the 1990-91 school year, Ms. Hunt was a certificated teacher employed by the Board as a long-term substitute teacher. The Board did not renew relator's contract for the following school year. Ms. Hunt filed grievances with the Board and the Board responded by offering Ms. Hunt the opportunity to substitute teach on an as-needed basis. Relator apparently agreed to this offer but was not called upon to substitute teach.
In March, 1992, relator and the Westlake Teachers Association filed suit in the Cuyahoga County Common Pleas Court against the Board and school principal. They alleged several causes of action, including the failure of the Board to properly notify Ms. Hunt of its decision to not renew her long-term substitute teaching contract. Ms. Hunt sought reinstatement, back pay and other damages. The trial court ultimately rendered judgment for the Board on all claims.
Ms. Hunt appealed to this Court. On December 22, 1994, in a two-to-one majority opinion, this Court concluded as follows:
In accordance with the foregoing, we conclude that the Board failed to give Hunt proper notice of its intention not to reemploy her, failed to hold a proper statutory hearing, and failed to give Hunt proper notice of any ultimate decision by the Board. Thus, by application of the Supreme Court's recent pronouncement in Kiel v. Green Local School District Board of Edn., supra, Hunt must be deemed reemployed. Therefore, we reverse the lower court as to the assignments of error set forth above, and we order that the Board reinstate Hunt and award her all compensation and benefits which she has lost as a result of the unlawful non-renewal of her contract.
Further, in light of this determination, plaintiffs' remaining assignments of error are moot and we will not address them. App.R. 12(A). Hunt v. Westlake City School District (Jan. 10, 1995), Cuyahoga App. No. 66592, slip op. at 17-18 announced Dec. 22, 1994.
The Board applied for reconsideration and/or clarification on December 30 pursuant to App.R. 26(A). The Board requested this Court to reconsider its decision and affirm the judgment of the trial court or, at a minimum, to withdraw the order of reinstatement. Alternatively, the Board requested clarification of the type of position to which Ms. Hunt was ordered reinstated and the rate of compensation and benefits (less setoffs) to be awarded. This Court, in a two-to-one ruling, ordered as follows:
It is hereby ordered that appellees' application for reconsideration is denied. Appellees' motion for clarification is hereby granted. This court's journal entry and opinion dated December 22, 1994 is clarified in that appellee Francis Hunt is to be reinstated to the position of long-term substitute teacher for the Westlake City School District at the appropriate level of pay. Award of back pay is to reflect appellee Francis Hunt's appropriate pay level as a long term substitute teacher. Hunt, Cuyahoga App. No. 66592, Entry No. 59096 dated Jan. 10, 1995.
On January 17, 1995, pursuant to App.R. 26
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