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Trial Court Abused its Discretion when Substituting its Judgement for State Personnel Board of Review

In the case Licking Cty. Veterans Servs. Comm’n v. Holmes, 2020-Ohio-3294, P1, 2020 Ohio App. LEXIS 2228, an Ohio appellate court held that the trial court abused its discretion when it substituted its judgment for that of the State Personnel Board of Review (SPBR) concerning a civil service employee’s punishment, R.C. 119.12, because the trial court focused upon the finding of insubordination and ignored the mitigating factors, including the agency’s failure to prove three of the most serious charges against the employee; thus, the evidence supported the SPBR’s order lessening the employee’s removal to demotion and a time-served suspension.

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.

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