Ohio Teachers Defend Elected Board Members in 10th District Court of Appeals

Last week, ORTA reported that on September 30th, the Ohio 10th District Court of Appeals rejected the State’s attempt to block the Temporary Restraining Order. This allowed for the current representation of our pension Board to remain in place until the Preliminary Injunction was heard by the court. 

On October 10, 2025, the court heard the arguments regarding the Preliminary Injunction's legality. Was it legal to add an amendment to Ohio’s biennial operating budget bill, Ohio House Bill 69, when essentially no legislators were even aware that it was in Ohio House Bill 69? Recall that the Ohio Retirement Study Council (ORSC), Representative Adam Bird, introduced this amendment in the wee hours of the morning of the vote. Former ORSC Chair Phil Plumber, who is also a current ORSC board member, told ORTA that he was utterly unaware that the “Bird amendment” was entered into Ohio House Bill 69. 

ORTA collaborated with the plaintiffs, OFT, OEA, and the COAAUP, who filed the case. Here is the report on how the hearings went, as reported by members who attended. We argued that equal protection under the law was violated (meaning our pension plan was singled out). We also claimed three considerations under the law were violated. In law, the first consideration must identify what is being voted upon, the second considers whether the committees were properly aware of the information in the bill, and the third considers whether the full legislative chamber was properly aware of the information in the bill.

It was also reported that our attorneys presented a strong case and that our witnesses who testified did exceptionally well. Our witnesses were Glennetta Krause (active teacher), Kevin King (retired), Rob McFee (retired and OEA staff member), and Darnold Johnson (OFT staff member).  The state presented only one, Jeffery Bernard, the ORSC researcher. It is reported that the Judge Carl Aveni expects to have a decision by October 14th or 15th. ORTA will keep members posted.

Lawsuits are expensive. OFT, OEA, and OH AAUP are paying attorney fees for this lawsuit to protect our democratically elected members on the STRS Ohio Board.

ORTA is continuing to collect donations for the Pension Defense Fund to pay for the ongoing lawsuit brought against Rudy Fichtenbaum and Wade Steen by Ohio AG Yost. 

ORTA needs your help. Please make a donation to the Pension Defense Fund to help pay legal fees to defend and protect our pension and retirement benefits from current and future legal attacks.