In the case of State ex rel. Bower v. Cincinnati, 2023-Ohio-3369, an appellate court held that the police officers’ challenge pursuant to the anonymity rule under Civil Service Rule 10, Section 6 entitled the officers to a quasi-judicial hearing, an appeal for which the court of common pleas could hear.
In this case, the police officers argued that the hearing granted by Civil Service Rule 17 was a quasi-judicial hearing that the court of common pleas had subject-matter jurisdiction to hear and decide the administrative appeals. In response, the city argued that the circumstances laid out in Civil Service Rule 17 did not apply to a violation of the anonymity rule. The appellate court agreed with the police officers.
In support of its decision in favor of the police officers, the appellate court explained that the officers’ challenge based on the anonymity rule, because the challenge alleged bias in the grading of an examination, entitled them to the hearing under Civil Service Rule 17. The appellate court further explained that R.C. 2506.01 governs appeals and that any final judgment from a quasi-judicial hearing is appealable to a court of common pleas.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.