In the case of State ex rel. Internatl. Assn. of Fire Fighters, Local 1536, AFL-CIO v. Sakacs, Slip Opinion No. 2023-Ohio-2976, the Ohio Supreme Court held that the fire chief position was vacant when the fire chief retired for less than a day.
In this case, the union argued that the fire chief retired and left the position vacant. In response, the fire chief argued that a vacancy was not created because the fire chief did not permanently intend to leave the position and continued to serve in the role of fire chief without interruption. The Ohio Supreme Court agreed with the union.
In support of its decision in favor of the union, the Ohio Supreme Court explained that a vacancy will occur automatically when the incumbent retires regardless of the intent of the retiree. The Ohio Supreme Court further explained that there is no time constraint to a “vacancy,” and that the position simply needs to be unoccupied for any small duration of time to be considered a vacancy.
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.