Opinion
No. 79-57
Decided July 18, 1979.
Schools — Nonteaching employees — Employment contract — R.C. 3319.081(A), applicability.
APPEAL from the Court of Appeals for Madison County.
Madonna Borders, the appellant, was hired on November 4, 1975 by the Board of Education of the Jefferson Local School District, the appellee, to be a noontime playground aide for the 1975-76 school year. She was paid $62.10 per month. Her position was funded through a special state program.
On April 27, 1976, the Board of Education abolished the positions of a number of playground aides, including appellant's for the next school year because of lack of sufficient funds in 1976 appropriations. On January 11, 1977, however, the board hired appellant to replace a playground aide who had resigned. The contract was only for the rest of the 1976-77 school year and provided that appellant would work 1 1/4 hours per day at $2.36 per hour. Although the same position she had held previously, it was funded through a different program.
On April 27, 1977, the board again decided not to re-employ a number of playground aides, including appellant, because funding had not yet been approved by the state. On April 25, 1977, however, appellant had begun working in the school cafeteria as a cashier. She formally resigned as a playground aide on May 2, 1977, retroactive to April 25, 1977. She worked as a cashier until June 1, 1977, working a total of 85 hours at $2.36 per hour.
On July 29, 1977, appellant received a letter from the cafeteria manager stating that she would not recommend her for employment in the cafeteria for the 1977-78 school year. Appellant filed a complaint in mandamus in the Court of Appeals seeking a writ ordering the board to restore her to her position with back pay and seniority, and for other just and equitable relief. The court denied the writ.
The cause is now before this court upon an appeal as a matter of right.
Messrs. Lucas, Prendergast, Albright, Gibson, Newman Gee, Mr. Peter J. Gee and Mr. Robert J. Walter, for appellant.
Mr. R. David Picken, prosecuting attorney, and Mr. Glenn S. Hamilton, for appellees.
Appellant contends that R.C. 3319.081(A) required that she receive a two year contract when she was employed as a playground aide for the remainder of 1976-77 school year since she had previously worked for the Board of Education of the Jefferson Local School District. Thus, she claims that her employment could not be terminated at the end of that school year except for cause pursuant to R.C. 3319.081(C).
R.C. 3319.081(A) provides:
"Newly hired regular nonteaching school employees, including regular hourly rate and per diem employees, shall enter into written contracts for their employment which shall be for a period of not more than one year. If such employees are rehired, their subsequent contract shall be for a period of two years."
Appellant's contention must be rejected. R.C. 3319.081(A) applies only to " regular nonteaching school employees." (Emphasis added.) A noon-time playground aide who works only part-time and whose position is funded on a year-to-year basis is not a regular nonteaching school employee within the meaning of the statute. Thus, R.C. 3319.081(A) is not applicable and appellant was not entitled to a two year contract when she was hired to replace another playground aide on January 11, 1977.
The judgment of the Court of Appeals is, therefore, affirmed.
Judgment affirmed.
CELEBREZZE, C.J., HERBERT, W. BROWN, P. BROWN, SWEENEY, LOCHER and HOLMES, JJ., concur.