Richland Cnty. Children's Servs. v. Stoffer

• Decision Date: 19 March 2020
• Docket Number: Case No. 2019 CA 0060
• Citation: 2020 Ohio 1126
• Parties: RICHLAND COUNTY CHILDREN'S SERVICES, Plaintiff - Appellees v. MICHAEL E. STOFFER, JR. Defendant - Appellant
• Court: Ohio Court of Appeals

2020 Ohio 1126

RICHLAND COUNTY CHILDREN'S SERVICES, Plaintiff - Appellees v. MICHAEL E. STOFFER, JR. Defendant - Appellant

Case No. 2019 CA 0060

COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

March 19, 2020

JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

OPINION

CHARACTER OF PROCEEDING: Appeal from the Richland County Court of Common Pleas, Case No. 2017-CV-0475 R

JUDGMENT: Affirmed

APPEARANCES:

For Plaintiff-Appellees

STEPHEN M. WILDERMUTH

Assistant Prosecutor

38 S. Park Street

Mansfield, Ohio 44902

DAVID A. RIEPENHOFF

STEPHANIE L. SCHOOLCRAFT

Fishel Hass Kim Albrecht Downey LLP

7775 Walton Parkway, Suite 200

New Albany, Ohio 43054

For Defendant-Appellant

J. JEFFREY HECK

The Heck Law Offices, LTD.

One Marion Avenue, Suite 215

Mansfield, Ohio 44903

Baldwin, J.

{¶1} Michael Stoffer appeals the decision of the Richland County Court of Common Pleas granting summary judgment to Richland County Children's Services (RCCS) on its claim for breach of contract and on appellant's claim for breach of oral contract. Appellee is RCCS.

STATEMENT OF FACTS AND THE CASE

{¶2} Michael Stoffer was hired by RCCS in 2011 and worked as a social worker trainee, social worker I, foster care specialist, and intake/assessment caseworker before he resigned in April 2017. RCCS paid for his education at Case Western Reserve during his tenure at RCCS under a Tuition Reimbursement Policy and, when he resigned, RCCS claimed Stoffer had violated that policy obligating him to pay RCCS the $45,265.50 they expended for his degree. Stoffer did not respond to the demand for payment, and after RCCS filed suit, Stoffer filed a counterclaim for $76,225.00 for time he claims that he was on call and did not receive payment due.

{¶3} Michael Stoffer was hired by RCCS in September 2011 as a social worker trainee, and as a new employee he was provided training and instruction regarding RCCS policies and procedures as well as copies of the relevant policies and procedures. Amendments to the policies and procedures were provided to Stoffer and he signed a statement verifying that it was his obligation to read and comply with the policies and procedures and to contact his supervisor or human resources with any questions. Two subjects of the RCCS Policies and Procedures, Tuition Reimbursement and On Call/After Hours, are the focus of this case.

{¶4} RCCS is obligated to serve the community twenty-four hours per day and seven days per week, addressing urgent needs to protect children. The On Call/After Hours policy and procedure was designed to fulfill that mandate by obligating case workers at RCCS to register to serve on the On Call/After Hours List. The procedure required each case worker to serve on the on-call list seven times each year. The case worker could avoid serving on-call by finding another case worker to work in his place. When on call, the case worker was required to be available to respond to a call and may be required to travel to a specific location to address a need. The on call case worker was prohibited from consuming alcohol or becoming impaired in any way. In exchange, the case worker would receive a stipend of fifty dollars for each weekday and seventy-five dollars for each week-end day served in on call status. In addition, if the employee was required to leave home for a call, he would receive his hourly rate for time on the call.

{¶5} RCCS employees were obligated to complete hand-written time sheets recording on-call time, regular time and over-time, execute a verification attesting to the accuracy of the time and submit them to their supervisor every two weeks.

{¶6} Stoffer faithfully complied with the requirement that he submit a completed time sheet with his signature verifying the accuracy of the time he claimed to be at work. While he did serve some time on the On Call list, most of this obligation was served by others he recruited to serve in this place. When he did perform On Call services or worked overtime, that time was recorded on his time sheet and submitted. Stoffer does not contend that he was not paid for the time that he recorded on his time sheet.

{¶7} Stoffer alleged a violation of the On Call policy only after he was accused of violating the RCCS Tuition Reimbursement Policy. The latter policy provided RCCS employees an opportunity to further their education at the expense of RCCS. The RCCS budget included a limited amount to compensate employees for satisfactory performance in an approved degree program.

{¶8} Stoffer applied to participate in the program in June 2014 when he submitted his request to obtain a Master of Science in Social Administration at Case Western Reserve. Within the application, he described how the degree was related to his current position and how it would benefit RCCS. He also signed the following acknowledgment:

I hereby acknowledge that I have read the Tuition Reimbursement Policy. I am in agreement with said Policy. I am aware that I must receive prior written approval, one month in advance, for the Tuition Reimbursement Program. For each quarter, I must complete the Tuition Reimbursement Course Information and receive written approval prior to the beginning of the quarter to begin my classes and to receive reimbursement from the Agency.

I understand that I am responsible for the reimbursement of tuition fees to Richland County Children Services if I should leave within three (3) years of obtaining my degree. I also understand that I am responsible for the reimbursement of all tuition fees for non-completion of the degree for which agency tuition fees have been paid. I further agree to have deductions taken from my pay check for any monies owed to Children Services if I should leave employment within the three (3) year period.

{¶9} Stoffer's time with RCCS was unremarkable, and, by all accounts he was viewed as a dependable and dedicated employee. He completed all requirements for his MSSA degree at Case Western, but had not yet participated in the graduation ceremony when, on April 4, 2017 he delivered a letter to human resources announcing his intent to resign effective April 14, 2017. Patricia Harrelson accepted the resignation and responded in a letter dated April 4, 2017 explaining the consequences of his resignation and explicitly reminding him of his obligation under the Tuition Reimbursement Policy:

In addition, since you agreed to re-pay the total of your educational costs should you fail to honor your commitment to RCCS, you will be required to return the amount of $45,270.50. Please see Kevin Goshe to arrange to repay this obligation.

Stoffer Deposition Exhibit 13

{¶10} Stoffer did not respond to this letter. On April 19, 2019 Ms. Harrelson sent a second letter to Stoffer, warning of an impending collection action:

I am writing to inform you that the Richland County Children Services Board has authorized the civil collection of the $45,270.50 that you owe the agency as reimbursement for the payment of tuition for your attendance in a Master's of Social Work Educational Program.

You have 10 days from the date of this letter to make payment of the entire amount above to Richland County Children Services.

Stoffer Deposition Exhibit 12

{¶11} Stoffer did not respond to the letter. RCCS withheld $4,649.39 from his final paycheck and on June 24, 2017 RCCS filed a complaint seeking to recover $40,616.11 plus costs & attorney fees.

{¶12} Stoffer filed an answer denying any obligation to repay RCCS and a counterclaim, alleging breach of an oral contract to pay the on call stipend, and retaliation. The retaliation count was dismissed when the trial court found that it did not have jurisdiction over that matter. RCCS filed a motion for summary judgment on its claim for breach of the Tuition Reimbursement Policy and also sought judgment on Stoffer's claim for breach of oral contract. Stoffer opposed the motions contending that issues of material fact remained to be resolved. On May 30, 2019, the trial court granted RCCS motion for summary judgment. Stoffer filed a timely appeal and submits two Assignments of Error:

{¶18} "I. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT DISMISSING APPELLANT'S COUNTERCLAIM DUE TO THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT."

{¶19} "II. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT FOR APPELLEE ON ITS CLAIMS FOR BREACH OF CONTRACT AGAINST APPELLANT STOFFER DUE TO THE EXISTENCE OF GENUINE ISSUES OF MATERIAL FACT."

Standard of Review

{¶20} Because Stoffer is appealing the trial court's decision on a motion for summary judgment, we review the assignments de novo. A de novo review requires an independent review of the trial court's decision without any deference to the trial court's determination. Brown v. Scioto Cty. Bd. of Commrs., 87 Ohio App.3d 704, 711, 622 N.E.2d 1153 (4th Dist.1993) as quoted in State v. Standen, 173 Ohio App.3d 324, 2007-Ohio-5477, 878 N.E.2d 657, ¶ 7 (9th Dist). "Thus, viewing the pleadings in the light most favorable to the [appellee], we must determine whether [appellee] was entitled to judgment as a matter of law." Civ.R. 56(C). Troyer v. Janis, 132 Ohio St.3d 229, 2012-Ohio-2406, 971 N.E.2d 862, ¶ 6. Accordingly, we apply the same standard as the trial court and court of appeals in this case. *771 Bonacorsi v. Wheeling & Lake Erie Ry. Co., 95 Ohio St.3d 314, 2002-Ohio-2220, 767 N.E.2d 707, ¶ 24. "* * * we afford no deference to the trial court's decision and independently review the record to determine whether summary judgment is appropriate." Tornado Techs., Inc. v. Quality Control Inspection, Inc., 8th Dist., 2012-Ohio-3451, 977 N.E.2d 122, ¶ 13.

{¶21} Stoffer claims the trial court erred by granting summary judgment when genuine issues of material fact remained to be resolved. A dispute of fact is "material" if it affects the outcome of the litigation. The dispute is "genuine" if manifested by substantial evidence going beyond the mere allegations of the complaint. Black...