2016 Ohio 3169
Ohio Ct. App.2016Background
- Alexis Jones, a city of Cleveland Claims Examiner, slipped and fell at work on May 5, 2009; the Law Department ordered post-accident drug and alcohol testing under the city DATP.
- At the testing facility Jones submitted to a breath test (0.00) but after a failed first attempt to provide urine and being given water, she left before providing a second urine sample; she cited family obligations and end-of-day transportation as reasons.
- Labor Relations warned Jones that leaving before providing a sample would be deemed a "refusal to test" with disciplinary consequences; the next day she offered to return but was sent home.
- Jones received a ten-day unpaid suspension after a pre-disciplinary hearing; a referee and then the Civil Service Commission upheld the suspension.
- Jones appealed to the Cuyahoga County Court of Common Pleas under R.C. Chapter 2506, which overturned the Commission, finding (1) the Commission lacked a sufficient basis to find Jones refused testing and (2) suspension might be improper because the DATP tied refusal to disqualification from workers’ compensation (the court ordered record purge and back pay).
- The Eighth District Court of Appeals affirmed the trial court, holding the common pleas court’s factual findings were supported by a preponderance of reliable, probative, and substantial evidence and declining to reach the Commission’s separate legal argument as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jones "refused to test" under the DATP when she left the testing facility before providing a urine sample | Jones argued her departure, subsequent offer to return, breath test submission, and family circumstances show she did not refuse | Commission argued unauthorized departure equates to refusal and supported suspension | Held: Court of appeals affirmed common pleas court — evidence supports finding Jones did not refuse to test |
| Whether suspension (discipline) beyond workers’ compensation disqualification is authorized for refusal to test under DATP | Jones argued DATP limits discipline to workers’ compensation disqualification (trial court suggested exclusivity) | Commission argued suspension is permissible disciplinary action under DATP | Held: Declared moot by the court of appeals because it upheld the finding that Jones did not refuse to test |
Key Cases Cited
- Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142 (2000) (standard of review for R.C. Chapter 2506 administrative appeals)
- Smith v. Granville Twp. Bd. of Trustees, 81 Ohio St.3d 608 (1998) (common pleas court reviews whole record and evaluates whether administrative order is supported by preponderance of reliable, probative evidence)
- Dudukovich v. Lorain Metro. Hous. Auth., 58 Ohio St.2d 202 (1979) (framework for judicial review of administrative determinations)
- Lorain City School Dist. Bd. of Edn. v. State Emp. Relations Bd., 40 Ohio St.3d 257 (1988) (appellate courts must not substitute their judgment for administrative agencies absent statutory criteria)
- Kisil v. Sandusky, 12 Ohio St.3d 30 (1984) (court of appeals must affirm common pleas court unless decision unsupported by preponderance of reliable, probative, substantial evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)