A following a mutual agreement from both parties, a judge in Mahoning County will issue an order next week that Youngstown Mayor Tito Brown cannot appoint new members to the Youngstown School Board until the Ohio Supreme Court decides whether the state takeover of the district is constitutional. 

Visiting Judge Thomas Pokorney held a hearing to consider the current board's motion for a temporary restraining order against the mayor.

The board is asking that Brown not be permitted to appoint a new board for 14 days and after that, for his picks not to be seated while the Ohio Supreme Court decides on another pending case, in which the board is asking that the law the put the school district under the control of a CEO be declared unconstitutional. 

Pokorney will issue an order on Nov. 12 that the temporary restraining order should remain in effect for five months, rather than the 14 days the board was asking for. 

Under the order, Brown cannot appoint new board members until the Ohio Supreme Court issues its ruling. If that hasn't happened after five months, another hearing will be held to determine the next step. 

In the meantime, the duly elected board members, including those who were elected in Tuesday's general election, will take office in January as scheduled. 

Since Youngstown Schools got its fourth "F" grade on the state report card, under House Bill 70, the state can intervene in the school's operation.

The Ohio Superintendent's Nominating Panel is scheduled to meet on Thursday to select a group of candidates to present to Mayor Brown for consideration for appointment to the board.

That meeting is scheduled to take place at 5:30 p.m. in the Community Room of Youngstown Rayen Early College High School on Wood Street.

After the panel selects its ten board candidates, Mayor Brown is to select five people from their recommendations to appoint to the board.

Under the law, Brown would have needed to make his appointments within 30 days.