516 N.E.2d 1287 | Ohio Ct. App. | 1986
This timely appeal follows a judgment entry affirming the decision of the State Personnel Board of Review dismissing the appeal for lack of jurisdiction.
The appellant, Barbara J. Shearer, was hired by the Cuyahoga County Hospital system as a registered nurse at Sunny Acres on May 10, 1982. At that time, her position was classified under R.C.
Appellant appealed to the State Personnel Board of Review. That body dismissed the appeal for lack of jurisdiction on the ground that she was not a classified employee. She appealed to the trial court on the ground that the State Personnel Board of Review did have jurisdiction since she had been employed as a classified civil servant and R.C.
Section
Under R.C.
Loudermill determined that a public employee has a property right in continued employment, of which he may not be deprived without due process of law. Appellant argues that Loudermill entitles her to due process prior to termination, since she was hired as a classified employee.
We disagree. Loudermill does not stand for the proposition that the appellant has a property right in continued status as a classified civil servant, but, rather that a classified civil servant has a property right in continued employment which may not be terminated without due process. Loudermill does not mandate that the appellant who once was, but is no longer, a classified civil servant be afforded procedural due process prior to termination.
The judgment of the trial court is affirmed.
Judgment affirmed.
MARKUS, C.J., CORRIGAN and PARRINO, JJ., concur. *61