Chupka v. Saunders

Appellant Chupka asserts that the court of appeals erred in its refusal to remand the cause to the court of common pleas for a trial due novo following the discovery that the court of common pleas had ruled on an incomplete record. We agree.

Administrative and judicial review of the suspension, demotion or removal of a police officer must be conducted pursuant to R.C. 124.34, which provides in pertinent part:

“In the case of the suspension * * * or removal of * * * any member of the police or fire department of a city or civil service township, * * * [a]n appeal on questions of law and fact may…