6506076v2
Bricker Bullet No. 2013-05
July 16, 2013
The biennial budget bill (Am. Sub. House Bill 59), signed by Governor Kasich on June 30, contains an
amendment to the Revised Code which allows family members of superintendents to be employed as
teachers upon the recommendation of a person other than the superintendent. The amendment
modifies Section 3319.07 of the Ohio Revised Code and reads as follows (new language underlined):
“
In all school districts and in service centers, no teacher shall be employed unless such person is
nominated by the superintendent of such district or center, or by another individual designated by the
board in the event that the superintendent's nomination would be a violation of section 2921.42 of the
Revised Code.”
This amendment addresses the not-uncommon problem of a board of education that wishes to
employ the spouse or the adult son or daughter of a sitting superintendent by allowing the
superintendent to “sidestep” the recommendation he or she would otherwise be required to provide on
all new teacher hires. Making such a recommendation has been interpreted by the Ohio Ethics
Commission as a violation of the Ohio Ethics Laws (in particular, ORC 2921.42). In such instances,
another person—such as an assistant superintendent or building principal—may be specifically
authorized to make the hiring recommendation.
Some other important points to consider in relation to this amendment:
The effective date of the amendment is September 29, 2013— therefore, the procedure described
above is not available at the present time.
The amendment relates only to the act of making a recommendation. Superintendents must still avoid
using their authority or influence in any other way to cause the hiring of the family member.
The amendment does not directly address the hiring of family members as
administrators
, an issue that
will require further interpretation.*
______________________
*Note that the definition of “teacher” found in ORC 3319.09(A), which includes administrators, is not applicable to ORC
3319.07.
Questions concerning the above may be referred to the attorneys of the
at Bricker & Eckler LLP
Laura G. Anthony, Chair – 614.227.2366
H. Randy Bank – 614.227.8836
Melissa Martinez Bondy – 614.227.8875
Diana S. Brown – 614.227.8823
James P. Burnes – 614.227.8804
Kimball H. Carey – 614.227.4891
Melissa M. Carleton – 614.227.4846
Kate Vivian Davis – 513.870.6571
Jennifer A. Flint – 614.227.2316
Dane A. Gaschen – 614.227.8887
Susan E. Geary – 614.227.2330
Susan B. Greenberger – 614.227.8848
Warren I. Grody – 614.227.2332
David J. Lampe – 513.870.6561
Susan L. Oppenheimer – 614.227.8822
Nicholas A. Pittner – 614.227.8815
Sue W. Yount – 614.227.2336
Please note… These
Bricker Bullets
are provided to BASA members as an informational service courtesy of the law firm of
Bricker & Eckler LLP, a BASA Premier Partner. They are not intended to serve as a legal opinion with respect to any specific
person or factual situation.
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©Bricker & Eckler LLP (2013)
Budget Bill Opens Door to Hiring of
Superintendent Family Members as Teachers
