Mansfield’s Board of Education was sharply divided over a letter received from a teacher during the Tuesday, June 17 meeting.
On May 30, Linda Gompf-Golden sent a letter rescinding her previous resignation. Gompf had officially resigned from her Culinary Arts teaching position at Mansfield Senior High School on March 18 with an effective date of June 6, 2014. On March 18, Mansfield’s Board of Education approved her resignation.
After much heated discussion, the board passed the rescind of Gompf’s resignation with a 3-2 vote. President Renda Cline, Monica Hubbard and Dina Davis voted in favor; Chris Elswick and Cliff Crose voted against.
Elswick argued that the board’s approval of Linda’s rescind could leave the district vulnerable to litigation.
Elswick read from Ohio Revised Code 3319.15, “In order for an otherwise valid resignation to be rescinded, the effective date of the resignation cannot have passed, and the board cannot have taken formal action to accept the resignation.” The resignation was effective June 6, 2014, which was received from the board on March 18. Gompf’s letter of rescind was received May 30.
According to Elswick’s interpretation of the revised code, voting to approve the letter of rescind would happen after the effective date. Therefore, the board would appear to be rehiring the teacher “for no apparent reason whatsoever.”
In order for a rehire to happen, the board must follow specific protocols as specified in the Mansfield School Employees Association contract. The contract mandates a rehire must happen through a seniority bumping process.
According to Cline, in this case, Gompf is next on the seniority list, and is able to choose whether or not she can take her job back. Elswick argued that the board’s acceptance of Gompf’s rescinding could leave the district vulnerable to litigation and legal fees.
“How are you going to allow a teacher three months to decide whether or not she wants the job or not? The revised code says that once the board accepts a resignation, that decision cannot be rescinded,” stated Elswick in a separate interview with Richland Source.
The Revised Code grants boards to accept a rescind when it states, “However, if the board and teacher agree to continue the employment relationship, the teacher could rescind the resignation in writing, and the board could take action to formally accept it.”
Elswick stated he does not understand why the board decided to continue the employment relationship. “As of June 9th, she (Gompf) doesn’t work here (Mansfield School District) anymore. So by accepting her rescinding on June 17th, you’re violating your responsibilities as a board member because this opens us up to liability,” said Elswick.
Though the board ultimately approved Gompf’s rescind, board member Crose initially suggested the issue be tabled until legal council was sought. Treasurer Rosetta Stephans agreed.
“I think it should be tabled and we should seek legal advice in my opinion. Because the Ohio Revised code is not real precise on some of the questions that Mr. Elswick brought here tonight,” said Stephans.
According to Superintendent Brian Garverick, Gompf’s vacant position had been posted and a candidate applied.
Elswick disclosed the candidate’s name as Fred Bowls from Springmill Learning Center and that he was part of the Reduction in Force (RIF) list generated earlier in 2014. Mansfield Senior High School Principal Brad Strong appointed Bowls for the position, and according to Elswick, the board sent his credentials to the Ohio Department of Education (ODE) for approval shortly after Gompf’s resignation.
Bowls’ credentials have not been approved or disapproved of by ODE to date.
Mansfield’s Board of Education will hold a special meeting on June 30, 2014 at 8 a.m. for routine action to close the fiscal year. The next regular board meeting is scheduled for July 15 at 7 p.m. Mansfield’s next Commission Board Meeting will take place July 24 at 4 p.m.
“How are you going to allow a teacher three months to decide whether or not she wants the job or not? The revised code says that once the board accepts a resignation, that decision cannot be rescinded,” stated Chris Elswick
