LIMA — An attorney representing a woman whose teaching contract was recently recommended for termination by the Lima City Board of Education said his client was never employed by the school district, and that the contract previously approved by the board was not legally binding.
At an Aug. 24 meeting, the school board unanimously voted in favor of ending its contract with Amanda Holler, who had signed a letter of intent to work as a special-education teacher at West Middle School. After this meeting, Superintendent Jill Ackerman told The Lima News that Holler sent an email several weeks ago indicating she did not intend to report for work.
Holler’s attorney, Larry Smith, of Dayton, said the letter of intent his client signed July 27 has no legal standing.
“The Board never promised anything to Ms. Holler by way of the July 27th document,” Smith wrote in a letter to Lima schools attorney James Stucko Jr. “This is because the Board never authorized the Treasurer or anyone else to present the document specifically to Ms. Holler prior to her signature.
“It is my opinion that this document [letter of intent] is not legally binding on her as it is not supported by consideration from the Board of Education.”
In response, Stucko wrote a letter to Smith saying his claim that there was no contract between Lima schools and Holler “appears to be based upon an incomplete set of facts.” He said the board passed a resolution formally hiring Holler the day after she signed the letter of intent.
Stucko said if Holler intends to assert that she is not legally under contract with the district, “she is wrong.” Stucko cited section 3319.08 of the Ohio Revised Code, which states, “If a board adopts a motion or resolution to employ a teacher under a limited or continuing contract and the teacher accepts such employment, the failure of such parties to execute a written contract shall not void such employment contract.”
The board was expected to proceed with formal action to terminate Holler’s contract on Sept. 22 unless she chooses to request a hearing. Smith said Holler was never an employee, and that she should not have to request a hearing.
Stucko said that if Holler chooses to terminate her contract with Lima schools, the district will likely complain to the Ohio Board of Education, which has the option to suspend her teaching license.
