State ex rel. Martines v. Cleveland City School Dist. Bd. of Edn.
Decision Date | 28 September 1994 |
Docket Number | No. 93-1811,93-1811 |
Citation | 639 N.E.2d 80,70 Ohio St.3d 416 |
Parties | , 93 Ed. Law Rep. 887 The STATE ex rel. MARTINES, Appellant, v. CLEVELAND CITY SCHOOL DISTRICT BOARD OF EDUCATION, et al., Appellees. |
Court | Ohio Supreme Court |
O'Malley, Lenahan, Gill & Lentz and Mary A. Lentz, Cleveland, for appellant.
Duvin, Cahn, Barnard & Messerman, Kenneth B. Stark, Robert M. Wolff and George S. Crisci, Cleveland, for appellees.
Francis S. Martines, appellant, sought a writ of mandamus against the Cleveland City School District Board of Education and its members, appellees, to compel his reinstatement as an administrator and payment of his lost wages and benefits. The Court of Appeals for Cuyahoga County granted the board's motion to dismiss his complaint for failure to state a claim upon which relief can be granted pursuant to Civ.R. 12(B)(6).
For a writ of mandamus to issue, Martines must establish (1) a clear legal right to the relief he seeks, (2) the board's corresponding duty to perform as requested, and (3) the absence of an adequate remedy in the ordinary course of the law. State ex rel. Glass, Molders, Pottery, Plastics & Allied Workers Internatl. Union, Local 333, AFL-CIO, CLC v. State Emp. Relations Bd. (1993), 66 Ohio St.3d 157, 158, 609 N.E.2d 1266, 1267. A complaint is dismissable for failure to state a claim upon which relief can be granted when the material factual allegations are taken as admitted and all reasonable inferences are drawn in his favor, but it still appears beyond doubt from the complaint that the plaintiff cannot prove facts entitling him to recovery. O'Brien v. Univ. Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753.
In granting the motion to dismiss, the court of appeals accepted as true the allegations that Martines began working for the board of education in 1960 and that he became the Director of School Based Management in November 1983. The court noted that he did not allege that the board had failed to timely advise him of its decision not to renew his contract for the 1992-1993 school year. The court also accepted as true Martines's representation that the board had not complied with the evaluation and hearing requirements of R.C. 3319.02(D). 1 However, it found that Martines had not stated a cognizable claim for a writ of mandamus because R.C. 3319.02(D) does not impose the duty he sought to compel--in essence, the renewal of his administrator's contract.
We agree. Recently, in State ex rel. Cassels v. Dayton City School Dist. Bd. of Edn. (1994), 69 Ohio St.3d 217, 631 N.E.2d 150, we rejected part of the argument Martines asserts here--that a board of education's failure to observe the evaluation requirements of R.C. 3319.02(D) voided its decision not to renew an administrator's contract. We explained:
* * *." Id. at 222, 631 N.E.2d at 154.
Martines also argues that multiple violations of the duties imposed by R.C. 3319.02(D), i.e., noncompliance with the evaluation and hearing requirements of the statutes, confer a right to contract renewal. He relies on our discussion in State ex rel. Smith v. Etheridge (1992), 65 Ohio St.3d 501, 605 N.E.2d 59, which states:
(Emphasis added.) Id. at 508, 605 N.E.2d at 64-65.
The administrator in Cassels made a similar argument, asserting that violation of the evaluation requirements, plus prejudice, is enough to cause contract renewal. We disagreed, stating:
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