In the case of Neal v. Treglia, 2019-Ohio-3609, an Ohio appellate court held that a volunteer did not have a property interest in an appointed, volunteer sheriff department position and, therefore, was not entitled to dispute termination of the appointed, volunteer position.
In this case, an individual was appointed to a volunteer sheriff department position and then subsequently terminated for violating sheriff department policies. The volunteer brought legal action against the sheriff department arguing that the volunteer was deprived of due process by being terminated from the volunteer appointment without a hearing. The sheriff department countered that appointed volunteers have no property interest in their positions and are, therefore, not entitled to due process rights.
The Ohio appellate court agreed with the sheriff department and held that, generally, volunteers do not have property interests in their positions and that – without such a property interest – volunteers do not have a right to procedural due process.
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 always changing like the 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.