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Moffett v. Salem City School District Board of Education12/19/2003
JUDGMENT: Affirmed.
. The Salem City School District Board of Education ("Board") decided not to renew Appellant Douglass E. Moffett's teaching contract because Appellant failed to file a timely request for a hearing. The decision was upheld by the Columbiana County Court of Common Pleas, leading to this appeal. Appellant argues that his request for a hearing was timely under Civ.R. 6(A), but the Board and the common pleas court concluded that the Ohio Rules of Civil Procedure, including Civ.R. 6(A), do not apply to administrative proceedings. The Board and the trial court are correct, and the judgment of the Columbiana County Court of Common Pleas is affirmed.
. Appellant was employed as a teacher in the Salem City School District during the 2001-2002 academic year. On April 15, 2002, the Board met and decided not to renew Appellant's teaching contract. On April 25, 2002, Appellant requested a written list of circumstances explaining the Board's decision not to renew his contract, following the procedure described in R.C. 3319.11(G)(1).
. On Friday, May 3, 2002, Ted Cougras, the Treasurer of the Board, hand-delivered to Appellant a letter containing a list of circumstances explaining the non-renewal of his contract. There is no dispute that this letter was timely delivered to Appellant on May 3, 2002.
. If Appellant desired to have a hearing with the Board concerning their decision, R.C. 3319.11(G)(3) gave Appellant five days to notify the Board that he wanted this hearing:
. "Any teacher receiving a written statement describing the circumstances that led to the board's intention not to reemploy the teacher pursuant to division (G)(2) of this section may, within five days of the date of receipt of the statement, file with the treasurer of the board a written demand for a hearing before the board pursuant to divisions (G)(4) to (6) of this section." (Emphasis added.)
. Appellant did not deliver his request for a hearing until Thursday, May 9, 2003, which was six days after he received notice of the reasons for the non-renewal of his contract. The parties do not dispute that this notice was delivered to Mr. Cougras, the treasurer, on the sixth day, beyond the time limit set by R.C. 3319.11(G)(3).
. On June 12, 2002, the Board passed a Resolution determining that Appellant had not filed a timely request for a hearing under the deadline set by R.C. ยง3319.11(G)(3), and affirming their prior non-renewal of Appellant's teaching contract.
. On July 10, 2002, Appellant filed an administrative appeal with the Columbiana County Court of Common Pleas, under the authority of R.C. 3319.11(G)(7).
. On January 2, 2003, the court affirmed the June 12, 2002, Resolution and dismissed the appeal. The court noted that Civ.R. 6(A), if applicable, would have extended the time that Appellant had to file his request for a hearing. Civ.R. 6(A) states that: " hen the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation." The court held that Civ.R. 6(A) did not apply to the administrative action taken by the Board. The court held that the filing deadlines in R.C. 3319.11 are governed by the time calculations set forth in R.C. 1.14, which states:
. "The time within which an act is required by law to be done shall be computed by excluding the first and including the last day; except that, when the last day falls on Sunday or a legal holiday, the act may be done on the next succeeding day that is not Sunday or a legal holiday."
. The court concluded that, in the light of R.C. 1.1
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