Westerville superintendent had a second job. What are Ohio school rules on moonlighting?

Westerville City Schools Superintendent Joseph Clark resigned late last month after the district began a disciplinary investigation into accusations that he was working on a side gig while he was supposed to be leading the district.

The Dispatch reported that he was facing a disciplinary investigation with the school district after other district officials said he was using district equipment to prep for teaching an online college course and using his position as superintendent to promote sales of his book.

Clark said last week that he believed the district had engaged in a "mischaracterization" of his service and that he looked forward to defending himself against the claims.

But is it common for superintendents to pursue outside employment, and what are district and state policies for outside employment for conflicts of interest?

Is it normal for superintendents to have outside employment?

The school district's letter of misconduct to the State Board of Education said that on or about Feb. 14, Clark recorded several teaching modules for an online course in education leadership that he is employed to teach at the American College of Education (ACE), a private, for-profit, online college based in Indianapolis.

Clark told The Dispatch on Tuesday that he had only spent 90 minutes working on short "explanatory videos for assignments" for his course that he had only been made aware that day had been changed. He said on that day, he began working in the district office at 8 a.m. and did not finish until 9:45 p.m.

David Axner, executive director of the Buckeye Association of School Administrators, would not speak to the specifics at Westerville, but said generally it is not uncommon for administrators like superintendents to seek other employment in teaching or to write books because they want to give back to the profession.

Typically, Axner said, outside employment comes up during the interview process, which is the best time to come to an understanding about what is acceptable.

"You can't just roll the dice and give it a shot or, you know, there has to be that communication," Axner said. "So everybody's on board."

In his prepared statement last week, Clark said that the Westerville City School District Board of Education "was aware at the time of my hiring" about his employment with ACE. Clark previously said to The Dispatch that the "board knew that I would give up my position at ACE if there was a distraction from my work in Westerville."

"It was prominent on my resume and application and discussed in interviews," Clark said.

The district said in its letter to the state that Clark had been told that using his position to promote his book was unacceptable and a potential violation of state ethics law. That came after he posted a promotion of the book on his Westerville superintendent's page on social media when he started with the district last October. Clark took the post down after the district raised the issue.

Clark later promoted the book during a presentation at Otterbein University in February, the district said. Clark said he had not used his platform as superintendent to promote the sale of his book, and that the book was on one of the slides he showed at Otterbein along with information about his background so that the students there knew his professional expertise behind his presentation.

Axner said that in some cases it is possible for an administrator to "overdo it," and that usually starts with miscommunication between the school board and the administrator in question about expectations. Even if it wasn't intentional, "where people get in trouble" is when the outside work creates a conflict for duties and responsibilities as a school administrator.

"It's just unfortunate because everything else that people have done in a 20-, 30-plus-year career can go down the tubes quickly when the board and the school administrators aren't on the same page," Axner said.

What do the district and state policies say?

According to a Westerville City School District policy from 2009, administrators should avoid situations in which their personal interests, activities, and associations conflict with the interests of the district. The policy further states that they may not "dedicate work time to an outside interest, activity, or association," and "administrators may not use school property or school time to solicit or accept customers for private enterprises."

Clark said Tuesday that he believes his role at ACE was a benefit in recruiting new talent to the district, and said having a superintendent as a "college professor in a program that develops school principals would enhance, not conflict with, the interests of the district." Additionally, Clark said his time filming videos did not interfere with his work as superintendent and that it is "generally understood that district-level administrators work long hours and therefore have flexibility in completing personal tasks."

According to the Ohio Ethics Commission handbook for public school administrators, while "many public employees and officials pursue private outside work, consulting, and part-time jobs … it’s important that public time and equipment not be used for outside business ventures."

"For example, if your (district) has provided you with equipment such as a laptop or a cellphone to carry out public duties from home, they cannot be used for private business or consulting work," the OEC handbook reads.

In addition, there are several provisions in the Licensure Code of Professional Conduct for Ohio Educators that may generally apply to regulating outside employment of administrators:

• "Soliciting students or parents of students to purchase equipment, supplies, or services or to participate in activities that financially benefit the educator … not in accordance with local board policy."

• "Using public school property or public funds for personal use not in accordance with local, state or federal laws."

• "Coaching and/or promoting athletic or artistic camps, off-season leagues, etc., in one’s district for profit … not in accordance with local board policy."

Clark's former district: Outside employment wasn't a problem

Chad Lahrmer, board president for Nordonia Hills City School District in northern Summit County, where Clark was prior to Westerville schools, said his district was aware of Clark's outside employment with ACE and it had never been a problem.

To his knowledge Clark "never did anything inappropriate or misused school resources." Lahrmer said, adding that he knew that Clark had published a book and he had read it.

Lahrmer said Clark and the Nordonia district — which serves Northfield Village, Northfield Center, Sagamore Hills, Macedonia, and portions of Boston Heights — had an amicable departure.

“I thought he was a very good superintendent. I was sorry to see him go,” Lahrmer said.

What does a letter of misconduct to the state mean?

When the State Board of Education Office of Professional Conduct receives an initial report of educator misconduct, it reviews the report and determines if a full investigation is needed, according to Alex Goodman, spokesperson for the Ohio Board of Education.

Goodman declined to comment on the case in Westerville, citing confidentiality requirements.

In general, Goodman said Ohio school districts are required to make certain reports to the office. If an investigation is opened, the office will subpoena records and interview witnesses before determining whether to pursue discipline, where the administrator would have a due process to defend themselves against the claims before potential discipline.

@Colebehr_report

Cbehrens@dispatch.com

This article originally appeared on The Columbus Dispatch: Westerville superintendent resignation: Are second jobs normal?