Curren v. Greenfield
2012 Ohio 4688
Ohio Ct. App.2012Background
- Curren appointed law director of Greenfield in unclassified, at-will capacity for one year under Ordinance 26-08.
- City council terminated Curren on Oct. 1 and Nov. 4, 2008; Ordinance 29-08 terminated him effective immediately.
- Curren alleged terminations were conducted in executive session and violated Sunshine Law; Disciplinary Counsel report allegedly forged.
- Curren filed suit Jan. 3, 2011 (amended Jan. 12, 2011) alleging wrongful termination, conspiracy, and Sunshine Law violations.
- Trial court granted summary judgment for Appellees; appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Curren hold the office for one year or was he at-will? | Curren argues he had a fixed term under Ordinance 26-08. | Appellees contend Curren was an unclassified, at-will appointee terminable any time. | Curren was at-will; no fixed term. |
| Was there a valid ground for termination or breach of fiduciary duties? | Differences of opinion on the law cannot justify termination. | Council could terminate without cause; no public policy breach shown. | Termination without cause appropriate; no wrongful discharge. |
| Do council members have immunity despite lack of good faith evidence? | Bad faith actions could negate immunity. | Immunity applies; bad-faith allegations insufficient and affidavits improper. | Council entitled to immunity; summary judgment proper. |
| Is Appellees' Sunshine Law/Open Meetings violation timely barred by statute of limitations? | Sunshine Law violations continued into 2011; timely under Civ.R. 41. | Sunshine Law claims barred by statute of limitations; 2009 complaint lacks record. | Sunshine Law claims barred; summary judgment affirmed on this issue. |
Key Cases Cited
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (burden on movant to show no genuine issue of material fact)
- Malone v. Court of Common Pleas of Cuyahoga County, 45 Ohio St.2d 245 (1976) (officers serve at pleasure; no right to term unless contract)
- Hecht v. Levin, 66 Ohio St.3d 458 (1993) (absolute privilege for statements in disciplinary proceedings)
- Cramer v. Auglaize Acres, 113 Ohio St.3d 266 (2007) (analysis of political-subdivision immunity under R.C. 2744)
- Dolan v. Glouster, 173 Ohio App.3d 617 (2007) (governmental immunity; fraud claims are barred)
- Mackin v. City of Avon Lake, 12 Ohio App.3d 70 (1983) (unclassified directors serve at pleasure; no fixed term)