In the case of Stewart v. Pugh, the Court analyzed whether a mayor of a city can be sued in his individual capacity for libel, slander, and invasion of privacy claims when he publicly released a memorandum containing the results of a city patrolman’s pre-disciplinary hearing and past disciplinary history.
R.C. 4117.10(A) denies courts jurisdiction to hear appeals from “public employers, employers, and employees” for claims that “arise from or depend on” the terms of the collective bargaining agreement (CBA). If a claim arises from or depends on the terms of the CBA, a claimant must seek the remedies contained in R.C. Chapter 4117. However, a court will have jurisdiction for claims that do not fall squarely under R.C. Chapter 4117 or exist independently from the CBA.
Here, a city patrolman sued the mayor and the city for publicly releasing his disciplinary history to local news outlets. The patrol sued the mayor and the city for these claims and argues that the mayor’s publication and release of his disciplinary record to the public is an ordinary tort claim that does not arise from the CBA. The Court disagreed, to an extent.
In support of its decision, the Court reasoned that the claims brought by the patrolman against the city and mayor in his official capacity were directly related to matters that fall under the CBA, and therefore the court does not have jurisdiction and the patrolman must follow the grievance procedure set forth in R.C. Chapter 4117. However, the Court held that the trial court does have jurisdiction to hear the claims brought against the mayor in his individual capacity because R.C. 4117.10(A) applies only to “public employers, employers, and employees,” and not individuals.
As a result, the case was remanded to the trial court to hear the individual claims against the mayor.
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.