Davis v. State Personnel Board of Review

I vigorously and respectfully dissent from the majority opinion on the basis of the applicable statutes and controlling case law.

I agree with the majority that the right of appeal is not' an inherent or inalienable right, but must be conferred by constitution or statute.

R.C. 124.34 authorizes appeal by the appointing authority or the officers or employees to the common pleas court in accordance with the procedure provided by R.C. 119.12. Neither R.C. 124.34 nor Chapter 124 defines “party.”

Acknowledging the above, that R.C. 119.12 provides the procedure for R.C. 124.34 appeals, it follows that…