Opinion

McAninch v. Crumbley

  • 65 Ohio St. 2d 31
  • 19 Ohio Op. 3d 225
  • 417 N.E.2d 1252
  • 1981 Ohio LEXIS 439
Court
Ohio Supreme Court
Filed
Mar 18, 1981
Status
Published
Author
Brown
On the bench
Brown, Celebrezze, Fifth, Holmes, Locher, Only, Rutherford, Sweeney
Cited by
14 cases
Authority
More cited than 15.1%

The opinion

William B. Brown, J.,

dissenting. I would require appointing authorities to utilize the procedure delineated in Ohio Adm. Code 123:1-5-03. See my concurring opinion to In re Termination of Employment (1974), 40 Ohio St. 2d 107, 116 . Compliance with this procedure requires only a minimal effort, yet clearly facilitates the division of employees into the unclassified and classified civil service, as required by R. C. 124.11.

A policy underlying the classification of civil service employees is the protection of classified employees from arbitrary and unjust removal. State, ex rel. Buckman, v. Munson (1943), 141 Ohio St. 319 . Unclassified employees are not granted such protection. 15 Ohio Jurisprudence 3d, Civil Servants and Other Public Officers and Employees, Section 125. Given the consequences of civil service classification, exemption from the classified service should be determined at the *35 onset of employment. An early mandatory determination of classification would promote the policy of the civil service laws by removing uncertainty of status and reducing the potential for arbitrary and unjust removal of protected employees.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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