Warthman v. Genoa Twp. Bd. of Trustees
2011 Ohio 1775
Ohio Ct. App.2011Background
- Plaintiff-appellant Leslie Warthman served as Genoa Township Zoning Inspector from 2000 to 2007.
- Alleged Open Meetings Act violation arose from actions surrounding a March 12, 2007 zoning matter and related communications.
- After Warthman’s March 12 email criticizing Zoning Commission Chair Downing, Downing threatened legal action against the Township.
- At the March 14, 2007 Board meeting, an executive-session discussion about the employee occurred, but the Board later concluded executive session was not entered due to legal concerns.
- A special meeting was held March 20, 2007 to discuss personnel matters with counsel; another special meeting on April 4, 2007 led to Warthman’s termination.
- The Delaware County Court of Common Pleas entered judgment in favor of the Genoa Township Board; Warthman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the March 14, 2007 meeting included a valid executive session | Warthman asserts an executive session occurred for personnel matters | Board contends it conducted proper executive session per statute and later returned to public session | Board did not validly enter executive session |
| Whether, if an executive session occurred, it was proper under ORC 121.22(G)(1) when Warthman requested a public hearing | Executive session violated her right to a public hearing when she requested one | Public hearing request allowed avoidance of executive-session status | No proper executive session under G(1); issues resolved in favor of Board |
| Whether the public statements during the March 14, 2007 meeting violated liberty rights requiring a name-clearing hearing | Statements were false or stigmatizing and harmed her liberty interest necessitating a name-clearing hearing | No publication of a false or defamatory statement; no liberty infringement established | No liberty-right violation; no name-clearing hearing required |
| Whether the March 20 and April 4, 2007 notices and sessions complied with ORC 121.22(F) and (G) | Notices insufficient to reveal the personnel purposes of the meetings | Notices adequately stated personnel purposes and complied with statute | Notices were legally sufficient; Open Meetings Act compliance affirmed |
Key Cases Cited
- Merritt v. Canton Twp. Bd. of Trustees, 125 Ohio App.3d.533 (Ohio App. 1998) (name-clearing and liberty-right framework for employment disputes)
- Buxton v. Plant City, 871 F.2d 1037 (11th Cir. 1989) (liberty interest infringed when employer publicizes false statements)