City of Cleveland v. Fraternal Order Police
2017 Ohio 9174
Oh. Ct. App. 8th Dist. Cuyahog...2017Background
- On Nov. 29, 2012, a 23-minute police pursuit in Cleveland ended with the deaths of Timothy Russell and Malissa Williams after more than 137 rounds were fired by 13 officers; investigations found the victims were unarmed. Several sergeants (Coleman, Daley, Putnam, Chetnik) were disciplined for supervisory failures.
- The City suspended four sergeants (suspensions from 10–20 days); the FOP filed grievances under the CBA seeking rescission, make-whole relief, file expungement, and public notice of clearing.
- An arbitrator held hearings and concluded the City lacked "just cause" to discipline the sergeants, revoked the suspensions, and ordered removal of related disciplinary records from personnel files.
- The City moved to vacate/modify the arbitration award; the FOP moved to confirm/enforce it. The trial court enforced the award as to revocation of suspensions but vacated the portion ordering removal/destruction of the records.
- The City appealed, arguing the arbitrator exceeded his authority and issued an arbitrary/capricious decision; the FOP sought sanctions for a frivolous appeal. The appellate court affirmed the trial court: enforced revocation of suspensions, vacated record-purge order, denied sanctions.
Issues
| Issue | City (Plaintiff) Argument | FOP (Defendant) Argument | Held |
|---|---|---|---|
| Whether the arbitrator exceeded authority / award is arbitrary and capricious | Award departed from CBA and was arbitrary because similarly situated officers (Donegan) received severe discipline | Award draws its essence from CBA; arbitrator properly applied facts, credibility, and law | Held: Arbitrator did not exceed authority; award revoking suspensions stands (not arbitrary or capricious) |
| Whether arbitrator could order removal/destruction of disciplinary records | Such an order exceeds arbitrator's powers under CBA | Arbitrator resolved the dispute presented; record relief was within remedy | Held: Arbitrator exceeded authority on record-purge; that portion vacated |
| Whether prejudgment interest was properly awarded | R.C. 1343.03(C) bars interest because FOP failed to make good-faith settlement efforts | Interest authorized under R.C. 1343.03(A); courts may award prejudgment interest when confirming awards | Held: Prejudgment and postjudgment interest at statutory rate proper under R.C. 1343.03(A) |
| Whether the appeal was frivolous warranting App.R. 23 sanctions | N/A (FOP sought sanctions against City) | Appeal lacks merit; sanctions appropriate | Held: Appeal not frivolous; request for sanctions denied |
Key Cases Cited
- Bd. of Edn. of Findlay City School Dist. v. Findlay Edn. Assn., 49 Ohio St.3d 129 (Ohio 1990) (award "draws its essence" standard for arbitration review)
- Mahoning Cty. Bd. of Mental Retardation & Dev. Disabilities v. Mahoning Cty. TMR Education Assn., 22 Ohio St.3d 80 (Ohio 1986) (rational nexus and non-arbitrary requirement for arbitration awards)
- Goodyear Tire & Rubber Co. v. Local Union No. 220, United Rubber, Cork, Linoleum & Plastic Workers of Am., 42 Ohio St.2d 516 (Ohio 1975) (courts should not overturn arbitrator for disagreements with factual or contractual interpretations)
- Marra Constructors, Inc. v. Cleveland Metroparks Sys., 82 Ohio App.3d 557 (Ohio Ct. App.) (once award draws its essence and is not arbitrary/unlawful, court lacks authority to vacate under R.C. 2711.10(D))
- Motor Wheel Corp. v. Goodyear Tire & Rubber Co., 98 Ohio App.3d 45 (Ohio Ct. App.) (policy against converting arbitration into de novo judicial review)
- Orwell Natural Gas Co. v. PCC Airfoils, L.L.C., 189 Ohio App.3d 90 (Ohio Ct. App. 2010) (appellate review limited to trial court order and not to merits of arbitration)