Is Treasurer of Charter School a ‘Public Official’ Subject to Strict Liability for Misspent State Funds?
Or Does Status as Corporate Officer Preclude Individual Liability? Richard Cordray, Ohio Attorney General, et al. v. The International Preparatory School et al., Case no. 2009-1418 8th District Court of Appeals (Cuyahoga County) ISSUE: Is the treasurer of an Ohio community or “charter” school operated by a non-profit corporation a “public official” subject to strict liability under R.C. 9.39 for the proper disposition of public funds the school receives from the state, or does the treasurer’s status as a corporate officer exempt him or her from personal liability for improper handling of state funds by the school, absent a showing of personal wrongdoing by the treasurer? BACKGROUND: The International Preparatory School (TIPS), a publicly funded community or “charter” school located in Cleveland, was founded in 1999 by a non-profit corporation controlled by Da’ud Malik Shabazz and his wife, Hasina Shabazz. The school was in business from 1999 until it closed its doors in October 2005 as
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