In the case of Burchard v. Ashland Cty. Bd. of Dev. Disabilities, 2018-Ohio-4408, an Ohio appellate court determined that supervising and retaining employees are considered government functions, which means that an argument can now be made that school boards are not liable in damages in a civil action for injury, death, or loss to persons or property allegedly caused by employee supervision and retention issues.
In a nutshell, “governmental functions” are defined as those functions performed by governmental entities and “proprietary functions” are defined those functions performed by non-governmental entities. The definition of a governmental function is admittedly vague so Ohio courts have struggled with creating judicial clarification. For example, governmental functions have been defined as sponsoring firework displays and operating sporting competitions. And the court in Burchard further defined governmental functions as including the supervision and retention of employees.
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.