In the case of State v. ex rel. Ohio Patrolmen’s Benevolent Ass’n v. City of Warren, Slip Opinion No. 2020-Ohio-5372, the Ohio Supreme Court held that employers may abolish open positions before first promoting employees to those positions.
The members argued open positions as a result of another officer’s retirement must first be offered as a promotion to individual officers before the position can be eliminated.
The city alleged that the statute does not prohibit the ordinance. The Ohio Supreme Court agreed.
The Court reasoned that nothing in the statute explicitly prohibits abolishing these positions and that the ordinance eliminating the positions based on officer retirement was proper.
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.25