Troutman v. Mitchem
| Decision Date | 18 April 1984 |
| Parties | , 14 O.B.R. 583 TROUTMAN, Appellant, v. MITCHEM, Appellee. |
| Court | Ohio Court of Appeals |
Syllabus by the Court
Although the Ohio Administrative Code allows for a motion for reconsideration of an agency's decision, such motion and the agency's decision on reconsideration must be made within fifteen days from the date of the final order.
Lynn Slaby, Pros. Atty., for appellant.
Edward L. Gilbert, Akron, for appellee.
Arverta L. Mitchem was employed by the Summit County Sheriff's Department as a registered nurse at the county jail. Mitchem worked from 4:00 p.m. until 12:00 a.m. and was responsible for a variety of activities. On September 14, 1982, Mitchem was assigned to assist the attending physician during the doctor's call. She was given instructions regarding medication to be dispensed and was responsible for recording information on the inmates' charts. Because of an illness, Mitchem was given permission by the attending physician to leave as soon as she finished her duties. Mitchem went home without dispensing the evening's medication to three inmates.
On September 16, the sheriff issued an order of removal. A timely notice of appeal was filed with the State Personnel Board of Review. The administrative law judge recommended that the order of removal be modified to a ten-day suspension without pay. The board of review adopted the recommendations of the administrative law judge on December 20, 1982. On December 27, the sheriff filed a motion for reconsideration with the board. The motion was denied on January 7. The sheriff filed a notice of appeal with the common pleas court on January 13, 1983.
The trial court ordered that Mitchem be reinstated with back pay during the pendency of the appeal. The trial court also found the order of the board of review was supported by reliable, probative and substantial evidence and was in accordance with law. Mitchem's attorney also submitted an application for attorney fees requesting $6,225. The court found the sheriff was guilty of bad faith and ordered attorney fees in the amount of $2,400.
This appeal was taken pursuant to R.C. Chapters 119 and 124. R.C. 119.12 provides, in part:
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...reconsider its initial decision approving Ford's proposed franchise. Its ruling was premised on language found in Troutman v. Mitchem (1984), 14 Ohio App.3d 463, 472 N.E.2d 69, and In re Appeal of Bidlack (1982), 3 Ohio App.3d 351, 445 N.E.2d 722. 6 Based on these two authorities, the commo......
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...upon an administrative order Conley failed to timely appeal, as we are without authority to render a judgment thereon. Troutman v. Mitchum (1984), 14 Ohio App.3d 463, 464. Conley appealed from the decision of the Board pursuant to R.C. 119.12, which sets forth the standard employed by a rev......
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