State Ex Rel. Kingsley v. State Employment Relations Board
130 Ohio St. 3d 333
| Ohio | 2011Background
- Kingsley, a former SERB administrative law judge, was classified; HB 1 changed SERB ALJ from classified to unclassified in July 2009; SERB terminated Kingsley in October 2009; she sought mandamus to declare HB 1 unconstitutional and reinstate her; the courts dismissed mandamus for lack of an adequate remedy; SPBR proceedings related to her termination were pursued but dismissed for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is available given an adequate civil-service remedy | Kingsley had no adequate remedy in law if HB 1 invalidates her status | Kingsley had an adequate remedy via SPBR and civil-service appeal | No mandamus; adequate remedy exists |
| Whether HB 1’s reclassification is constitutional facially or as applied | HB 1 unconstitutional facially and as applied to Kingsley | Administrative agencies lack jurisdiction to adjudicate constitutionality; remedy through civil-service appeal exists | Unconstitutional claims are not reviewable via mandamus; remedy via civil-service appeal exists |
| Whether Kingsley had a final wrongful-exclusion determination required for mandamus | Kingsley seeks reinstatement for wrongful exclusion from classified service | There has been no final wrongful-exclusion determination | Mandamus not available without final wrongful-exclusion finding |
| Whether SPBR civil-service appeal is an adequate remedy despite constitutional challenges | Administrative appeal could preserve constitutional challenges | Civil-service appeal is complete, beneficial, speedy; adequate remedy at law | A civil-service appeal is an adequate ordinary remedy; mandamus barred |
Key Cases Cited
- State ex rel. Weiss v. Indus. Comm., 65 Ohio St.3d 470 (1992) (final determination required to show wrongful exclusion before mandamus)
- State ex rel. Glasstetter v. Rehab. Servs. Comm., 122 Ohio St.3d 432 (2009) (adequate remedy via civil-service appeal available for constitutional claims)
- State ex rel. Colangelo v. McFaul, 62 Ohio St.2d 200 (1980) (before mandamus, must show wrongful exclusion; civil-service appeal pathway)
- State ex rel. Ullmann v. Hayes, 103 Ohio St.3d 405 (2004) (no automatic mandamus absent final agency determination)
- State ex rel. Beane v. Dayton, 112 Ohio St.3d 553 (2007) (adequacy of ordinary remedy must be complete and speedy)
- State ex rel. Sohi v. Williams, 80 Ohio St.3d 492 (1997) (administrative delay does not render remedy inadequate)
- State ex rel. Turner v. Houk, 112 Ohio St.3d 561 (2007) (administrative remedy not substituted by mandamus for review)
- State ex rel. Chagrin Falls v. Geauga Cty. Bd. of Commrs., 96 Ohio St.3d 400 (2002) (administrative delay considerations do not defeat adequacy of remedy)
- State ex rel. Fenwick v. Finkbeiner, 72 Ohio St.3d 457 (1995) (SPBR jurisdiction over appeals from classified employees)