In the case of Gearhart v. Union Twp. Bd. of Trs., 2020-Ohio-5615, an Ohio Appeals Court held that a firefighter could not raise issues on appeal that were not objected to at the administrative hearing, and therefore the termination of a firefighter was proper and complied with the disciplinary manual.
In this case, the firefighter maintained the right to raise the issue of unsworn witness testimony on appeal because the firefighter did not consent to the procedures of the administrative hearing and that the fire department did not comply with their disciplinary manual because the chief did not recommend his termination to the board.
The Board argues that the manual does not require the chief to recommend termination of employees. The Court of Appeals agreed.
The Court of Appeals reasoned that the firefighter provided no evidence of the Board’s failure to comply with the disciplinary manual and because the firefighter did not object to unsworn witness testimony at the administrative hearing, the firefighter could not argue this issue on appeal.
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.