In the case of Bowman v. S. Vienna, 2021-Ohio-4587, the Second District Court of Appeals held that the trial court erred in finding that a former police chief was not a probationary employee when the police chief was never appointed by counsel.
Here, the former police chief argued that the village failed to afford the police chief proper due process upon termination. The trial court ruled that the police chief was no longer under a probationary period and as such, the police chief qualified for statutory due process protections.
The Court of Appeals reasoned that the applicable statute sets forth the hiring process in which all employees shall first go through a six-month probationary period, after which the mayor may remove or finally appoint the employee. As such, since the mayor never appointed the employee, the Court found that the former police chief was still a probationary employee.
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.