# Guthrie v. Ohio Department of Human Services

> Ohio Court of Appeals · January 31, 1995 · 100 Ohio App. 3d 519

URL: https://www.frixlaw.com/law-library/cases/3732744

## Case

- **Full name:** GUTHRIE, Appellant, v. OHIO DEPARTMENT OF HUMAN SERVICES, Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** January 31, 1995
- **Citations:** 100 Ohio App. 3d 519; 654 N.E.2d 397; 1995 Ohio App. LEXIS 466
- **Precedential status:** Published
- **Opinion:** Dissent by Whiteside
- **Judges:** Petree, Bowman, Whiteside
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3732744

## Opinion text

Whiteside, Presiding Judge,
dissenting.
Being unable to concur in the majority opinion and judgment, I must respectfully dissent.
In effect, this court, like the trial court, is affirming a finding not made by the State Personnel Board of Review (“SPBR”). Instead, this case should be remanded to the SPBR to make the initial determination of whether appellant was the chief of a division, an issue not determined by SPBR. Rather, the SPBR found that, since appellant held a fiduciary position within the contemplation of R.C. 124.11(A)(9), his position was automatically in the unclassified service without consideration of the effect of R.C. 5101.07 allegedly placing it in the classified service.
Even assuming the factual analysis of the majority opinion to be correct, such a determination should be made initially by the SPBR, not the common pleas court or this court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3732744. Public record. Not legal advice.