State ex rel. Dreger v. Alliance Civ. Serv. Comm.
2017 Ohio 8157
| Ohio Ct. App. | 2017Background
- John Jenkins was one of two police captains in Alliance; Assistant Chief David Bair was demoted when the Assistant Chief position was abolished, triggering "bumping" that would drop Jenkins to lieutenant as the lower-ranking captain.
- The City has a collective bargaining agreement (CBA) covering Sergeants, Lieutenants, and Captains; Jenkins contends the CBA governs bumping of those ranks but not an Assistant Police Chief who is outside the bargaining unit.
- Relator (Michael Dreger, Director of Public Safety & Service) contends that because Bair would bump into the bargaining unit, the CBA controls and thus Jenkins’ remedy lies in the contractual grievance/arbitration process.
- Jenkins appealed to the Alliance Civil Service Commission alleging improper bumping under civil service rules and also filed a separate grievance under the CBA.
- Dreger sought a writ of prohibition to prevent the Civil Service Commission from hearing Jenkins’ appeal, arguing the commission lacked jurisdiction and Jenkins’ exclusive remedy was the CBA grievance/arbitration.
- The commission proceeded to assert jurisdiction; the court considered whether prohibition was appropriate and whether an adequate legal remedy existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Civil Service Commission is about to exercise unlawful quasi-judicial power by hearing Jenkins’ appeal | Dreger: Commission lacks authority over bumping because the CBA (and its arbitration process) governs bumping involving unit positions | Jenkins: Commission has authority to adjudicate violations of its civil service rules and to hear claims that the Assistant Chief was improperly bumped | Court: Commission has general subject-matter jurisdiction to decide alleged violations of its rules; Dreger failed to show the Commission was about to exercise unauthorized power |
| Whether an adequate remedy at law exists (necessity for prohibition) | Dreger: Relief by writ is necessary because the CBA provides the exclusive remedy (grievance/arbitration) | Jenkins: Even if jurisdictional error occurs, Dreger has an adequate post-decision remedy by appeal from the Commission’s ruling | Court: Dreger has an adequate remedy by appeal; absence of extraordinary circumstances defeats writ of prohibition |
Key Cases Cited
- State ex rel. McKee v. Cooper, 40 Ohio St.2d 65 (sets three-prong test for issuance of a writ of prohibition)
- State ex rel. Corn v. Russo, 90 Ohio St.3d 551 (extraordinary nature of writs; caution in granting prohibition)
- State ex rel. Smith v. Hall, 145 Ohio St.3d 473 (party seeking extraordinary writ must lack adequate legal remedy)
- State ex rel. Rootstown Local School Dist. Bd. of Edn. v. Portage Cty. Court of Common Pleas, 78 Ohio St.3d 489 (tribunal with general jurisdiction may determine its own jurisdiction; postjudgment appeal is ordinarily adequate remedy)
- State ex rel. Dailey v. Dawson, 149 Ohio St.3d 685 (discussion of adequate remedy and jurisdictional challenges)