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Lorain Academic Distress Commission

Lorain, OH
Resolution No.____________________

RESOLUTION TO DECLARE UNENFORCEABLE THE USE OF REDUCTION IN
FORCE DISPLACEMENT PROCEDURES, BUMPING RIGHTS, FOR
ADMINISTRATIVE PERSONNEL
AND
TO PROHIBIT THE FUTURE USE OF REDUCTION IN FORCE DISPLACEMENT
PROCEDURES, BUMPING RIGHTS, FOR ADMINISTRATIVE PERSONNEL

WHEREAS, in order to assist the Lorain City School District (the District) to improve the
Districts academic performance and pursuant to R.C. 3302.10 the Superintendent of Public
Instruction established the Academic Distress Commission for the Lorain City School District
(the Commission); and

WHEREAS, pursuant to R.C. 3302.10 the Commission has adopted an Academic Recovery Plan
(the ARP) for the District which contains short-term and long-term goals for the District to
assist the District in improving academic performance, and the State Superintendent of Public
Instruction has approved such Commission actions; and

WHEREAS, within the ARP, the Commission and the Ohio Department of Education (the
ODE) identify the need to implement high quality criteria for administrators and teachers, to
ensure the hiring and placement of high quality staff in the most effective positions to ensure
increases in student achievement; and

WHEREAS, within the ARP, the Commission identifies the need to implement a plan to provide
high quality instruction by reassigning teachers and administrators to best utilize professional
skills to increase student achievement; and


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WHEREAS, the Commission takes notice that R.C. 3302.10 (J )(1) and (2) provide in pertinent
part that the Commission may appoint school building administrators and reassign administrative
personnel as well as terminate the contracts of administrators and administrative personnel
without the need to comply with R.C. 3319.16 requirements.

WHEREAS, the Commission takes notice that R.C. 3302.10(K) provides that if the board of
education of the District renews any collective bargaining agreement under Chapter 4117 of the
Revised Code during the existence of the Commission, the District board shall not enter into any
agreement that would render any decision of the commission unenforceable; and

WHEREAS, the Commission takes notice that R.C. 3302.10(K) provides further that if the
District board of education has entered into a collective bargaining agreement after September
29, 2005, that contains stipulations relinquishing one or more of the rights or responsibilities
listed in division (C) of section 4117.08 of the Revised Code, those stipulations are not
enforceable and the District board shall resume holding those rights or responsibilities as if it had
not relinquished them in that agreement until such time as both the Commission ceases to exist
and the District board agrees to relinquish those rights or responsibilities in a new collective
bargaining agreement.

WHEREAS, the Commission takes notice that R.C. 4117.08(C) includes the right and
responsibility of a public employer to,
(1) Determine matters of inherent managerial policy which include, but are not limited to
areas of discretion or policy such as the functions and programs of the public
employer, standards of services, its overall budget, utilization of technology, and
organizational structure; and

(2) Direct, supervise, evaluate, or hire employees; and

(3) Maintain and improve the efficiency and effectiveness of governmental operations;
and

(4) Determine the overall methods, process, means, or personnel by which governmental
operations are to be conducted; and

(5) Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign,
schedule, promote, or retain employees; and

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(6) Determine the adequacy of the work force; and

(7) Determine the overall mission of the employer as a unit of government; and

(8) Effectively manage the work force; and

(9) Take actions to carry out the mission of the public employer as a governmental unit.

WHEREAS, the current Negotiated Agreement, (the LAA Agreement) between the District
board of education and the Lorain Administrators Association, (the LAA) contains a
provision that administrators displaced by a Reduction In Force * * * can bump the least
senior administrator, first, in a previously held classification* * *, and Administrators shall
bump back through previously held classifications in the same sequence as they were
promoted. (LAA Agreement, Art. X, Section (F)(1)).

WHEREAS, the Commission finds that the bumping rights granted to administrators are
inconsistent with, and contrary to the Districts needs identified in the ARP goals, to wit:

(1) the need to implement high quality criteria for administrators to ensure the hiring and
placement of high quality staff in the most effective positions to ensure increases in
student achievement; and

(2) the need to implement a plan to provide high quality instruction by reassigning
administrators to best utilize professional skills to increase student achievement.

FURTHERMORE, the Commission finds that the bumping rights provided in the LAA
Agreement, Article X, relinquish rights and responsibilities reserved to the District Board in R.C.
4117.08(C).

NOW THEREFORE BE IT RESOLVED that the Commission exercises the authority granted to
them in RC 3302.10(K) and declares that the bumping provisions found in the LAA
Agreement, Art. X, Section (F)(1) are not enforceable and that the District Board of Education
shall resume holding those rights as if it had not relinquished them in that agreement;
FURTHERMORE, the Commission directs the District Board of Education to refrain from
renewing or entering into new collective bargaining agreements with the LAA that contain the

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bumping provisions which are now, and will prospectively be, unenforceable. This effective
date of this resolution is J uly 1, 2014.


WHEREFORE, the foregoing Resolution was moved by _________________________,
seconded by___________________________, and duly adopted on __________________,
2014, upon roll call further resulting in _____________yeas and _______nays.

Roll-Call Vote Yea Nay

William Zelei ___ ___
Henry Patterson ___ ___
Cathy Dietlin ___ ___
Rosa Hainaj ___ ___
Raul Ramos ___ ___