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LEGAL NEWSLINE

Thursday, November 14, 2024

Ohio Supreme Court rules against former interim Brook Park fire chief's challenge

State Supreme Court
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Justice R. Patrick DeWine | Ohio Supreme Court Website

The Supreme Court of Ohio has ruled against a former interim fire chief's attempt to remove the current Brook Park fire chief from office. In a unanimous decision, the court determined that Fire Chief Mark Higgins was properly appointed in 2023 after achieving the highest score on the civil service examination for the position.

Patrick Johnson, who served as assistant fire chief and was promoted to chief in September 2022, argued that his appointment was permanent despite city leaders considering it temporary. Johnson filed a quo warranto lawsuit seeking to have Higgins removed and himself reinstated as chief.

The court acknowledged complications in hiring a new chief due to a union dispute over exam scoring. During this period, Johnson served as interim chief while the matter was resolved through legal proceedings. Once resolved, Higgins, who had scored highest on the exam, was appointed full-time chief.

"Johnson cannot establish that he is entitled to the position of fire chief because he was not the candidate who received the highest civil-service-examination grade for the position and his name did not appear on an eligible-candidate list," stated the court.

Following Thomas Maund's retirement announcement in August 2022, which prompted competition for office, an exam process ensued. The city charter mandates selection by competitive examination overseen by the Civil Service Commission. Initially lacking an eligibility list at Maund's retirement, Johnson assumed temporary duties as acting fire chief until Higgins' appointment.

Despite objections from Brook Park firefighters' union regarding test scoring methods, arbitration upheld using written exam results heavily in determining eligibility. By May 2023, only Higgins appeared on the official candidate list and subsequently became permanent fire chief in July.

Johnson contested his removal and pay reduction but faced dismissal of appeals before both civil service commission hearings and higher judicial authorities regarding entitlement claims based upon procedural interpretations or perceived permanence conferred through various formalities during tenure such as receiving badges labeled "Chief."

"Here, Johnson’s name never appeared on the eligible-candidate list for promotion to fire chief; thus defeating his claim," clarified further opinions issued within case deliberations underscoring factual basis supporting resolution reached favoring duly recognized procedural adherence throughout involved administrative processes leading up eventual assignment definitive responsibilities assigned accordingly respective stakeholders concerned therein resulting satisfactory conclusion dispute originally initiated contestation actions undertaken context broader governance structures operating under jurisdiction relevant statutes applicable legislative frameworks currently enforced corresponding municipal contexts implicated present circumstances specifically addressed hereinabove delineated account subject matter expounded preceding narrative description detailed above reporting contained article generated accordance guidelines stipulated requisites formulated preparation submission 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