Dr. Jeffrey Graham v. Parma City School District School Board

NAILAH K.
BYRD
CUYAHOGA COUNTY CUERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
New Case Electronically Filed:

May 19, 2017 18:00
By: SUBODH CHANDRA 0069233
Confirmation Nbr. 1073739
DR. JEFFREY GRAHAM CV 17 880671
vs.
Judge: PAMELA A. BARKER
PARMA CITY SCHOOL DISTRICT SCHOOL BOARD,
ETAL.
Pages Filed: 16
Electronically Filed 05/19/2017 18:00 / / CV 17 880671 / Confirmation Nbr. 1073739 / CLJSZ

IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
Dr. Jeffrey Graham

823 Woodhaven Dr. Case No.
Cuyahoga Falls, Ohio 44223
Judge
Plaintiff,
vs.
Parma City School District School Board

5311 Longwood Ave.
Parma, OH 44134
President John Tenerowicz (in his official and

personal capacities)
5311 Longwood Ave.
Parma, OH 44134
7515 Stary St.
Parma, OH 44134
Superintendent Carl H. Hilling (in his official

and personal capacities)
5311 Longwood Ave.
Parma, OH 44134
4422 Ridgewood Dr.
Parma, OH 44134
Karen S. Dendorfer (in her official and

5311 Longwood Ave.
Parma, OH 44134
7238 Greenleaf Ave.
Parma, OH 44130
Kathleen A. Petro (in her official and personal

capacities)
1181 E. Sprague Rd.
Seven Hills, OH 44131

Page 1 of 16
Lynn Halloran (in her official and personal
capacities)
9462 Ackley Rd.
Parma Heights, OH 44130
Treasurer David Crowley (in his official and

5311 Longwood Ave.
Parma, OH 44134
7790 Lime Ln.
Parma, OH 44129
Communications Consultant Ray Sposet (in his

official and personal capacities)
5311 Longwood Ave.
Parma, OH 44134
18175 Trailside Pl. Unit 4
Strongsville, OH 44136
Defendants
Complaint with Jury Demand
Nature of Action
1. This is a civil action under state law for defamation and use of a false writing.
2. Plaintiff Dr. Jeffrey Graham was the superintendent of Parma City School District
(PCSD) from 2010 to 2015, at which time he left on his own volition to become superintendent
of Lorain City School District. Before he arrived in Parma, the Ohio Department of Education
had recently placed the district in its fiscal-caution program. During his tenure, Dr. Graham
helped guide the district to sound financial health and he oversaw a successful consolidation
program, which eased the districts financial burden. Under his leadership, the district also

Page 2 of 16
modernized its technology program, developed a cutting-edge STEM program, and finally met
its requirements to serve disabled students under the Americans with Disabilities Act.
3. On May 24, 2016, the School Board and Superintendent Carl Hilling, sent a letter to
Parma City School Districts staff, parents, and community that contained false and defamatory
statements about Dr. Grahams achievements. According to the letter, the signatories felt that it
was their responsibility and obligation to share the following information regarding the state of
our school district. The rest of the letter was riddled with defamatory false statements and
misleading facts about Dr. Graham and former treasurer Dan Bowman. Kathleen A. Petro,
Lynn Halloran, Karen S. Dendorfer, Rosemary C. Gulick, John Tenerowicz, and Carl Hilling
signed the letter. Treasurer David Crowley and Communications Consultant Ray Sposet, upon
information and belief, actively participated in misleading the public by researching and drafting
the letter. Defendants made defamatory statements knowing the statements were false and with
reckless disregard for the truth.
4. Defendants defamatory acts and omissions were a direct and proximate cause of Dr.
Grahams damages.
Parties
5. Plaintiff Dr. Jeff Graham is a former Superintendent of Parma City School District.
6. Defendant John Tenerowicz is the current president of the Parma City School District
School Board. Before he became president in 2016, Tenerowicz served as a member of the
school board. He is sued in his official and personal capacity.
7. Defendant Carl Hilling is the current Superintendent of the Parma City School District
School Board. He is sued in his official and personal capacity.
8. Defendants Karen S. Dendorfer, Kathleen A. Petro, Lynn Halloran, are all current or
former members of the Parma City School District School Board who signed the May 24, 2016

Page 3 of 16
letter. They are sued in their official and personal capacity.
9. Defendants David Crowley and Ray Sposet work for the Parma City School District
School Board. Crowley is the current Treasurer, and Sposet is the current Communications
Consultant. Upon information and belief, they helped the superintendent and school board draft
the May 24, 2016 letter to the Parma community. They are sued in their official and personal
capacities.
10. Defendant Parma City School District School Board is a board of education organized
under R.C. 3311 and R.C. 3313 located in Cuyahoga County, Ohio. The board employs or
formerly employed the defendants listed above.
Jurisdiction and Venue
11. This Court has jurisdiction over this controversy, and venue is appropriately lodged here,
as all acts and omissions complained of occurred in this County; although Plaintiff Dr. Jeff
Graham resides in Summit County, all Defendants are believed to reside in this County or did so
reside at the time such acts and omissions occurred.
Factual Background
Dr. Jeff Grahams career as Parma City School Districts Superintendent
12. In 2010, Dr. Jeff Graham began his service as the superintendent of the Parma City
School District. When he arrived in Parma, the District was shambles. The District faced a $3.7
million deficit for the 2011 school year and voters had rejected a school-funding levy seven times
in the years before his arrival. And by late 2010, it was clear that the District had too many
buildings for its declining enrollment.
13. Dr. Graham immediately embarked on a program to bring the District back to fiscal
health. His first order of business was convincing voters to pass a school levy. After months of
campaigning by Dr. Graham and board members, Parma residents passed a 10-year operating

Page 4 of 16
levy for $6.9 million on May 3, 2011. The levy, however, only funded the Districts basic
operating expenses, and so Dr. Graham still had to find other means to save money.
14. On April 20, 2011, at 7 p.m., Dr. Graham outlined a cost-saving plan for consolidating
the districts buildings for the school board at special meeting session. Dr. Graham recommended
that the board consider moving the eighth-grade classes from the middle schools to the high
schools, and then use the middle-school buildings to house fifth through seventh grades, and the
elementary schools for K-4th grades. By adopting this plan, the district could close four-to-five
elementary schools. After further study, the board decided to close four elementary schools:
Hanna Elementary School, Lt. Col. John Glenn Elementary School, Pearl Road Elementary
School and State Road Elementary School. According to research initiated by Dr. Jeff Graham,
closing elementary schools was preferable to closing the high schools, which would have cost
more money than it saved.
15. At the December 12, 2011 board meeting, the school board adopted resolution 2011-12
531, which approved Dr. Grahams recommendation to consolidate the school district through
redistricting students and closing elementary schools. Sean Nicklos, Karen Dendorfer, and
Rosemary Gulick voted for the plan. Kathleen Petro and Leo Palaibis voted against the plan.
16. The consolidation plans first year of implementation was the 2012-2013 school year; and
it resulted in immediate cost-savings for the district. Dr. Graham presented the savings to the
board during informal meetings and conversations. And on May 1, 2013, the school board
reviewed and approved the Assumptions for Fiscal Forecast for FY 2013 and projection FY
2014, to be filed with the Ohio Department of Education. Under line 3.010 Personnel
Services of the fiscal assumptions, the document states that consolidation resulted in the district
saving $1,170,491 by eliminating administration and support-staff positions.

Page 5 of 16
17. Dr. Graham shared the consolidation savings with the board again in October 2014, in
preparation for fiscal-year 2015. After having had more time to analyze and assess the
consolidation program, Dr. Graham and then-Treasurer Dan Bowman found that closing four
elementary schools resulted in the district annually saving $1,864,755. The board approved these
numbers on October 20, 2014 and voted to include them with their fiscal assumptions that the
board submitted to the Ohio Department of Education.
Dr. Graham implements a three-phase technology plan
18. Having helped steer the district back to financial security, Dr. Graham then turned
towards improving the districts digital infrastructure. At the top of his list was retrofitting the
districts classrooms with new technology options for students and teachers. Working with
Director of Technology, Jane Graber, Dr. Graham set out to revolutionize the students
interaction with technology by making sure that every student could learn on a state-of-the-art
device.
19. Dr. Graham and Ms. Graber eventually created a three-phase technology plan: In phase
I, the District would retrofit its buildings with up-to-date internet infrastructure. In phase II, each
teacher would receive an Apple Macbook and professional-development training, while the
District also added a projector and AppleTV to every classroom. And finally, in phase III the
District would implement a one-to-one program so that every student could have access to an
Apple device from kindergarten to 12 th grade.
20. On March 11, 2013, Jane Graber gave a presentation to the board on the Districts
technology strategy. Ms. Graber stated that in addition to using settlement money from a recent
lawsuit, the District needed to identify grant opportunities to fund technology. The first phase of
the technology plan was introduced to the board on the same day and included upgrades to the
Districts wide-area-network services, web-hosting services, WIFI, and the purchase of VOIP

Page 6 of 16
services. The school boardthen made up of Petro, Leo Palaibis, Dendorfer, Gulick, and Sean
Nicklosunanimously voted to approve phase I of the plan.
21. When the District prepared to enter into the technology plans second phase in spring
2013, Dr. Graham began circulating a document demonstrating how the districts general fund,
a recent settlement from a lawsuit, and federal grants could fund phase II. Early in 2013, Dr.
Graham and Ms. Graber met with the Finance and Business committees to share their
technology plan and to modify it based on the committees input. Importantly, they noted that
because the technology was leased from Apple, it should be viewed in the budget as an operating
expense, rather than a capital expense.
22. The board approved the technology plans second phase to purchase Apple products for
teachers on June 10, 2013, after finding additional grant funds.
23. In 2014, it was time for the board to approve the third phase of the Districts technology
plan. At their August 8, 2014 meeting, board members debated the cost of Apples one-to-one
program. Treasurer Dan Bowman gave a presentation on the new Apple lease plan and a
representative from Apple sat in the audience, in case board members had any questions. Mr.
Bowman outlined that the lease would last for three years, beginning with two separate payments
for kindergarten through 7th-grade devices, and then for 8th-grade through 12th-grade devices.
Mr. Bowman stated that the devices would be paid for through the remaining $900,000 of Vorys
settlement funds, as well as a $2.35 million tax-increment funding (TIF) from the Shoppes of
Parma development. Despite these funding sources, as board Member Rosemary Gulick
insinuated, paying for new technology would require general-fund money. Gulick can be seen in
a video recording of the meeting reminding other members that we are talking about spending
$9 million here, and I believe all of our board members are very responsible.

Page 7 of 16
24. The board voted to approve phase III of the technology plan on August 14, 2014.
Dr. Graham Starts an Innovative STEM Program
25. Before Dr. Grahams tenure as Superintendent, Parmas schools lacked a dedicated
STEM program. To help prepare students for careers in STEM, Dr. Graham helped develop an
elementary-school program that would be focused on project-based learning in math and
sciences. In 2013, the District launched this program at Pleasant Valley Elementary School for
students in kindergarten through fifth grade. Parents and students alike raved about the program.
26. As a result, Dr. Graham sought to expand the program so that more students could be
included. In February 2014, Dr. Graham gave a presentation to various committees and board
members in which he outlined a plan to turn Pleasant Valley elementary school into a full STEM
school by adding one grade per year into the program, until the school had both an elementary-
and middle-school STEM program. This plan also ensured that students with disabilities, who at
that time did not have full access to the program, could also participate in Pleasant Valleys
STEM program. This information was shared with each board member including Petro,
Halloran, Tenerowicz, Gulick, and Dendorfer. But during an informal conversation, Gulick
informed Dr. Graham that the board would not support his plan to expand the districts STEM
program.
27. Due to the boards response, Dr. Graham placed his STEM-expansion program on
temporary hold.
Before Leaving Parma for Lorain City School District, Dr. Graham Left Parma
City School District in Sound Financial Health
28. Before he left for Lorain, Dr. Graham helped ensure that the District was in strong
financial shape. In the fall 2013, the District passed a renewal levy. As the board previously
discussed in their public meetings, this money would only help the district stay financially solvent

Page 8 of 16
until 2017. Since the 2011 levy passage, Dr. Graham repeatedly stated to board members that
the District would be financially secure through 2017, when the District would need to pass aa
new money levy to pay its bills in 2018. He repeated this assertion in public to the Sun News in an
interview on August 5, 2013. Dr. Graham and Treasurer Bowman also made sure to warn the
board about a revenue shortfall beginning in 2014, when the district would spend more than it
received. Dr. Graham and Treasurer Bowman included that prediction in the Fiscal
Assumptions approved by the board in May 2013. The prediction states that starting in FY 2014,
the district will be spending more than it receives in revenue but that negative number is
manageable.
29. On May 27, 2014, then-Treasurer Dan Bowman gave a presentation where he outlined
the precarious situation in which the district would find itself in a few years:
The forecastthe bottom lineis [that we are] still on target for 2017. We
still have a positive balance in 2017, it is not quite where I would like it to be
for cash-flow purposes and financial responsibility, but it is there. The forecast
does show us obviously needing the renewal that would be on the ballot in
2017, for the next fixed-sum levy that is coming due. And it does show the
need for a new money levy to be passed, to help balance 2018.
30. As Mr. Bowman predicted, the district passed Issue 118, a renewal levy, on November 8,
2016 to help the districts finances in fiscal-year 2018.
The School Board defames Dr. Graham
31. On May 24, 2016 school-board members Kathleen A. Petro, Lynn Halloran, Karen S.
Dendorfer, Rosemary Gulick, John Tenerowicz, and Superintendent Carl Hilling sent a letter to
staff, parents, and the community informing them of recent developments in the district. Upon

Page 9 of 16
information and belief, Treasurer David Crowley and Ray Sposet helped draft the letter. Among
other allegations, the letter states that:
Unfortunately, we have found that our former Treasurer and Superintendent
never tracked the expenditures and/or savings from the consolidation, as
directed. Even though the Board, taxpayers, parents, and staff were told the 8
12 consolidation would save $11.2 million dollars, at this time, we are not sure
what savings occurred, if any, and fear that the consolidation may have cost us
money.
32. But as stated above, Dr. Graham and then-Treasurer Dan Bowman had repeatedly
reported to the board how much the district had saved through consolidation. Furthermore, this
information was tracked and reported in the boards own approved fiscal assumptions that it
sent to the Ohio Department of Education.
33. The letter states that Dr. Graham failed to account for the cost of technology:
We, and taxpayers were told by our former Superintendent, former
Treasurer and former Director of Technology that the revenue from the
lawsuit settlement, and from the TIF (tax money from the Shoppes of Parma)
paid for the student and staff computer devices. That was only partially true.
Although those dollars did help to offset the cost, the districts general fund has
spent $6,000,000, and we still have a contract with Apple that we must abide
by as well as other expenditures to support their use.
34. But the board was not misled about the source of technology funding, or the fact that the
general fund would have to cover parts of payments for Apple devices. The board debated these
issues at their August 8, 2014 meeting.

Page 10 of 16
35. The letter states that Dr. Graham failed to plan for the STEM program:
Our STEM school has become popular with parents and
students...Unfortunately, our former Superintendent did not have a set plan
for the STEM program.
36. But as noted above, in 2014, Dr. Graham presented a plan to turn Pleasant Valley
Elementary School into a full STEM school and then add other schools to the program. It was
the board, however, that stated that it would not support the recommendation.
37. And finally, the letter alleges that Dr. Grahams actions during his tenure destroyed the
districts finances:
The lack of consolidation savings, the 1 -to-1 technology costs, the over
estimating [sic] of revenues and underestimating of expenditures has [sic] had
a devastating impact on our district's financial picture.
38. But as noted above, Dr. Graham helped usher in a period of fiscal responsibility in
Parma, which included helping the district pass its first new levy after seven failed attempts.
39. He was also upfront about the challenges that faced the district, stating that on their
current trajectory the District by 2017 would need to think about a new revenue source.
40. The Ohio Department of Education (ODE) echoed Dan Bowmans forecast in a letter to
Karen Dendorfer on November 30, 2016, on which Superintendent Carl Hilling and Treasurer
David Crowley were cc-ed. In the letter, ODEs fiscal consultant Bob Foss, stated that on July 21,
2016, the Department requested that the District prepare a proposal to address a deficit
beginning in 2017. On October 28, 2016, the district submitted their proposal, which included
savings through cuts to personnel and purchased services. After Parma citizens passed a renewal
levy in 2016, however, Mr. Foss pointed out that a deficit is currently not forecasted until
FY2019, [and] the district has an opportunity to discuss future plans and determine which

Page 11 of 16
actions will best address those future deficits. Mr. Fosss letter tells a different story of the
Districts financial health than the boards May 24, 2016 letter defaming Dr. Graham, and
reveals that Defendants knew, and at a minimum had reckless disregard for the truth, regarding
the fact that the district was not in a catastrophic financial position.
Claim 1
Defamation under Ohio Law (Against All Defendants, and Against the
Individual Defendants in Both Their Official and Personal Capacities)
41. Dr. Graham incorporates all previous allegations.
42. Defendants published and distributed the letter about Dr. Grahams tenure as Parmas
superintendent knowing that the allegations within in it were false or with reckless disregard as to
whether the statements in the letter were true.
43. As a direct and proximate result of their defamatory statements, which the school board
endorsed and adopted as its own official statement, Dr. Graham has suffered and will continue to
suffer damages for which Defendants are liable, including, but not limited to, harm to his
reputation, emotional distress, humiliation, embarrassment, and economic opportunities.
44. The individual Defendants intentionally, wantonly, recklessly, and maliciously defamed
Dr. Graham, and thus are liable for punitive or exemplary damages.
Claim 2
Intimidation (Using Materially False or Fraudulent Writings to Attempt

to Influence Public Servants) under Ohio Rev. Code 2921.03(a) and (c)
(Against All Defendants, and Against the Individual Defendants in Their
Official and Personal Capacities)
46. Defendants, with malicious purpose, in bad faith, and/or in a wanton or reckless manner,
recorded, and/or used a materially false or fraudulent writing, namely, Defendants letter dated

Page 12 of 16
May 24, 2016, in an attempt to influence, intimidate, and/or hinder various public servants in
the discharge of such persons duties.
47. Such writings represented an attempt to influence various public servants in the discharge
of their duties, including the mayors and members of Parma, Parma Heights, and Seven Hills
city councils, the Ohio Department of Education, and other city officials associated with the
school board.
48. The May 24, 2016 letter was intended to pin Parmas fiscal deficit onto Dr. Jeff Grahams
leadership, even though Dr. Graham and then-Treasure Dan Bowman warned the district about
the upcoming need for a new revenue source in 2013.
49. Defendants are guilty of using a materially false writing under R.C. 2921.03.
50. Under R.C. 2921.03(C), Defendants are liable to Dr. Graham for the injury and loss he
has suffered as a result of Defendants bad-faith or reckless preparation and use of materially false
or fraudulent writings, as well as for reasonable attorneys fees, court costs, and other expenses
incurred as a result of prosecuting this civil action.
51. Defendants intentionally, wantonly, recklessly, and maliciously violated Ohio Rev. Code
2921.03, and accordingly are liable to Dr. Graham for punitive or exemplary damages.
Claim 3
Civil Liability for Criminal Acts Under Ohio Rev. Code 2307.60(A) (1) (Against
All Defendants, and Against the Individual Defendants in Their Official and
Personal Capacities)
53. As detailed in the claim above, Defendants on one or more occasions committed the
offense of Intimidation under R.C. 2921.03.
54. This offense, i.e. Intimidation under Ohio Rev. Code 2921.03, is a criminal act under
the Ohio law.

Page 13 of 16
55. Dr. Graham suffered injuries as a result of Defendants violations of this criminal statute.
56. Under Ohio Rev. Code 2307.60(A)(1), Dr. Graham is entitled to recover, in this civil
action, full damages caused by Defendants commission of these criminal offenses, as well as
punitive damages and attorneys fees.
Prayer for relief
For the reasons stated above, Dr. Graham respectfully requests the following relief from the
Court:
A. Declare that Defendants acts and conduct constitute violations of Ohio
defamation law, Ohio Revised Code 2307.60(A)(1), 2921.03, and any other
applicable statutory or common law;
B. Enter judgment in Dr. Grahams favor on all claims for relief;
C. Award full compensatory damages including, but not limited to, damages for loss
of reputation, including but not limited to, contempt, ridicule, and public hatred;
emotional distress, humiliation, embarrassment, and inconvenience that Dr.
Graham has suffered and is reasonably certain to suffer in the future;
D. Award punitive and exemplary damages for the individual Defendants egregious,
willful, and malicious conduct;
E. Award pre- and post-judgment interest at the highest lawful rate;
F. Award Dr. Graham his reasonable attorneys fees (including expert fees) and all
other costs of suit;
G. Award all other relief in law or equity, including injunctive relief, to which Dr.
Graham is entitled and that the Court deems equitable, just, or proper.

Page 14 of 16
Jury Demand
Dr. Graham demands a trial by jury on all issues within this Complaint.
Respectfully submitted,
/s/ Subodh Chandra_ _ _ _ _ _ _ _ _

Subodh Chandra (0069233)
Marvin Brown IV (0096128)
THE CHANDRA LAW FIRM LLC
1265 W. 6th St., Suite 400
Cleveland, OH 44113-1326
216.578.1700 Phone
216.578.1800 Fax
Subodh.Chandra@ChandraLaw.com
Marvin.Brown@ChandraLaw.com
Attorneysfor PlaintiffDr. Jeffrey Graham

Page 15 of 16
Request for Service
TO THE CLERK:
Please issue the Summons and Complaint and serve the Complaint by certified mail to
Defendants listed in the Complaints caption, making return according to law.
/s/ Subodh Chandra_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

One of the Attorneysfor PlaintiffDr. Jeffrey Graham

Page 16 of 16

Dr. Jeffrey Graham v. Parma City School District School Board

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NAILAH K.

Court of Common Pleas

New Case Electronically Filed:

By: SUBODH CHANDRA 0069233

Confirmation Nbr. 1073739

DR. JEFFREY GRAHAM CV 17 880671

Electronically Filed 05/19/2017 18:00 / / CV 17 880671 / Confirmation Nbr. 1073739 / CLJSZ