State ex rel. Vandenbos v. Xenia
2015 Ohio 35
Ohio Ct. App.2015Background
- Vandenbos was hired as a Xenia firefighter in 1994, resigned in 2001, and was rehired in 2002 as firefighter/paramedic.
- In 2012 Vandenbos and Norris competed for promotion to Fire Lieutenant; the CSC’s seniority calculation excluded Vandenbos’s 1994–2001 service, placing him fourth and Norris first.
- Norris was promoted on a probationary basis June 13, 2012; the verified complaint alleges he became permanent June 12, 2013.
- Vandenbos appealed the CSC decision administratively and to the Greene County Court of Common Pleas (which initially reversed the CSC), but the common pleas action was dismissed for lack of jurisdiction as quo warranto is the exclusive remedy.
- Vandenbos then filed this quo warranto action seeking to oust Norris and be appointed lieutenant; Xenia and Norris moved for judgment on the pleadings.
- The court considered only the verified complaint and answer (excluding attached orders/opinions and other documents) and granted judgment for Respondents because Vandenbos failed to take timely affirmative action to oust a good-faith appointee before Norris’s probation ended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Vandenbos’s quo warranto timely—i.e., did he take affirmative action to oust a good-faith appointee before the appointee became permanent? | Vandenbos contends his administrative appeal and his common pleas appeal (which sought recalculation of seniority) were effectively an injunction to remove Norris and thus constituted timely affirmative action. | Respondents contend only a quo warranto or an injunction specifically seeking to oust the appointee qualifies as the required affirmative action; Vandenbos’s administrative and common pleas appeals were insufficient and were filed after Norris became permanent. | Held: Vandenbos did not take the required affirmative action before Norris became permanent; administrative appeals alone are insufficient. Case dismissed. |
Key Cases Cited
- State ex rel. Johnson v. Richardson, 131 Ohio St.3d 120 (2012) (quo warranto is the exclusive remedy to challenge holding of public office)
- State ex rel. Newell v. Jackson, 118 Ohio St.3d 138 (2008) (to oust a good-faith appointee relator must file quo warranto or injunction before appointee completes probation)
- Paluf v. Feneli, 69 Ohio St.3d 138 (1994) (elements required in quo warranto to recover an office)
- Midwest Pride IV, Inc. v. Pontious, 75 Ohio St.3d 565 (1996) (standard for judgment on the pleadings under Civ.R. 12(C))
- State ex rel. Polen v. Wymer, 36 Ohio St.2d 24 (1973) (civil service appeal alone is insufficient to constitute affirmative action to oust an appointee)