State ex rel. Stough v. Board of Ed. of Norton City School Dist.
| Decision Date | 27 April 1977 |
| Docket Number | No. 76-968,76-968 |
| Parties | , 4 O.O.3d 116 The STATE ex rel. STOUGH, Appellee, v. BD. OF EDN. OF the NORTON CITY SCHOOL DIST. et al., Appellants. |
| Court | Ohio Supreme Court |
Lucas, Prendergast, Albright, Gibson, Brown & Newman, Peter, J. Gee and Robert J. Walter, Columbus, for appellee.
Squire, Sanders & Dempsey, John F. Lewis, John T. Meredith and Thomas E. Downey, Jr., Cleveland, for appellants.
Since no appeal was taken by the board from the order of the civil service commission, that order is final and conclusive unless it is void and therefore subject to collateral attack. The board raises such an attack by claiming that the commission lacked jurisdiction in the cause and that the relator's appeal should properly have been taken to the Common Pleas Court under R.C. 3319.081.
The commission found that it did have jurisdiction over relator's appeal, which impliedly included a finding that she was a member of the classified service of the city school district. Under R.C. 124.34, the commission has subject-matter jurisdiction to hear an appeal by an officer or employee in the classified service of a city school district in the case of reduction, suspension of more than five working days, or removal. R.C. 3319.081 has an analogous provision for 'all school districts wherein the provisions of Sections 143.01 to 143.48, inclusive (now R.C. 124.01 et seq.), of the Revised Code, do not apply.' By its specific terms, R.C. 3319.081 can have no application to city school districts, which are governed by R.C. 124.01 et seq. Further, the argument raised by the board that subject-matter jurisdiction does not attach until the commission has taken the steps required for compliance with R.C. 124.40, by establishing classification and testing procedures, has no basis in the statutory language. Under R.C. 124.11(B), '(t) he classified service shall comprise all persons in the employ of the state * * * and city school districts thereof, not specifically included in the unclassified service * * *,' and R.C. 124.34 grants a right of appeal to the commission to 'every officer of employee in the classified service of the state * * * and city school districts thereof * * *.' These statutes contain no suggestion that the jurisdiction of the commission depends upon its having adopted rules relating to that officer or employee.
The board also urges that the Norton city charter does not grant jurisdiction to the commission over city school district employees, but that fact is irrelevant. Jurisdiction over city school district employees is granted and directed to be exercised by statute, in accordance with the state's authority over public education under Section 3, Article VI of the Ohio Constitution. A city charter has no effect upon this statutory grant of jurisdiction.
Finally, the board contends that because the relator was not properly tested and appointed from a civil service list, she is not entitled to the protections of civil service or to reinstatement. Where property raised, that contention has been held to be valid. State ex rel. Baker v. Wichert (1953), 159 Ohio St. 50, 110 N.E.2d 771; State ex rel. Lynch v. Taylor (1940), 136 Ohio St. 417, 26 N.E.2d 207; State ex rel. Stein v. Dept. of Highways (1940),136 Ohio St. 252, 25 N.E.2d 285. However, in the present case, that contention amounts only to a claim that the commission erred...
To continue reading
Request your trial
-
Ohio Ass'n of Public School Employees, Chapter No. 471 v. City of Twinsburg
...of its civil service commission to only city employees notwithstanding R.C. 124.011(A). (State, ex rel. Stough, v. Bd. of Edn. [1977], 50 Ohio St.2d 47, 4 O.O.3d 116, 362 N.E.2d 266, overruled to the extent inconsistent On March 1, 1983, the Twinsburg City Council (hereinafter "council") en......
-
State Personnel Bd. of Review v. City of Bay Village Civil Service Com'n, 86-388
... ... 298 ... STATE PERSONNEL BOARD OF REVIEW, Appellant, ... CITY OF BAY VILLAGE ... , 402 N.E.2d 519 [15 O.O.3d 450]; State, ex rel. Mullin, v. Mansfield (1971), 26 Ohio St.2d 129, ... boundaries, e.g., city health district and school district employees, 6 does not justify a state ... 6 This court's holding in State, ex rel. Stough, v. Bd. of Edn. (1977), 50 Ohio St.2d 47, 49, ... ...
-
In re Complaint of Pilkington N. Am., Inc.
...N.E.2d 471 (1969) ; Garverick v. Hoffman, 23 Ohio St.2d 74, 78–79, 262 N.E.2d 695 (1970) ; State ex rel. Stough v. Norton City School Dist. Bd. of Edn., 50 Ohio St.2d 47, 50, 362 N.E.2d 266 (1977), overruled on other grounds by State ex rel. Alford v. Willoughby Civ. Serv. Comm., 58 Ohio St......
-
State ex rel. Rose v. Ohio Dept. of Rehab. & Corr.
...600, 604, 716 N.E.2d 189, 193. Res judicata applies in civil service cases. State ex rel. Stough v. Norton City School Dist. Bd. of Edn. (1977), 50 Ohio St.2d 47, 50, 4 O.O.3d 116, 118, 362 N.E.2d 266, 269, overruled on other grounds, Ohio Assn. of Pub. School Emp., Chapter No. 471 v. Twins......