The case of a school superintendent who lost his job will go before a judge today.

Lawrence County Common Pleas Judge Richard Walton will hear the case of Lloyd Evans, who sued the Rock Hill School District after the school board non-renewed his contract earlier this year

Evans is represented by Chesapeake attorneys Richard Meyers and Brenda Neville and Richard Kessler with the Columbus law firm of Blaugrund, Herbert and Martin. The board has retained G. Ross Bridgman and Peter A. Lusenhop with the law firm of Vorys, Sater, Seymour and Pease of Columbus.

In his suit, Evans maintains that he has a valid contract through 2009 that is not open for non-renewal.

"Defendants can only terminate plaintiff's five-year contract for gross inefficiency, immorality, for willful and persistent violations of reasonable regulations of the board of education or for other just cause," Kessler wrote in their petition for the court to hear their case.

He also maintains that the meeting in which the board voted on his contract was illegal because sufficient notice of the meeting was not given to all board members and the reason for the meeting was not stated.

Lawrence County Common Pleas Court Judge Richard Walton agreed that the board acted improperly when it did not stipulate the special board meeting was to consider the termination of an employee, but rejected Evans' request that the court stop a special board meeting in August in which the board planned to inform Evans his services were no longer needed and planned to appoint an interim superintendent.

Lawyers for the board contend in their response to Evans' suit that his employment as superintendent was subject to a new law that took effect in September 2003 pertaining to school employees who retire and are subsequently rehired.

"The board contends the five-year contract is void for failure to comply with the public hearing requirements… "Lusenhop wrote in a response to Evans' lawsuit.

Lusenhop also wrote in his response that courts can not interfere with the jurisdiction school boards have in operation of their districts, since the powers of the set by state law.

Lawyers for the board also contend Evans and three members of the old school board ignored Ohio law and the wishes of the voters in the district when the previous school board attempted to grant Mr. Evans a new 5-year contract.

The issue began in spring 2002 when Evans handed in his resignation as superintendent and then was immediately rehired by the board as superintendent, a common practice referred to as "double-dipping." That contract was for three years.

In November 2003, board members Troy Hardy, Jackie Harris and Rich Donohue voted to extend Evans' contract by five years. This vote came less than two months before two new board members took their seats.

A special meeting was called Feb. 25 to "consider the matter of personnel and such other business which may be considered necessary."

It was contested by Hardy and Harris on the day of the meeting, since Hardy claimed he received his notice an hour and a half shy of a full two-day's notice.

State law requires board members be given two-day's notice of special meetings but does not stipulate a time limit in terms of hours. State law stipulates that the media be given a 24-hour notice.

Evans refused to vacate his office at the end of July, and continued to show up for work until the special board meeting during which the board officially told him

he was no longer a school employee.

Later in August, the local board opted to ask the county school board and superintendent to temporarily oversee the district until an interim superintendent can be appointed.