Legal Opinion · Dissent

Westlake Civil Service Commission v. Pietrick

Ohio Supreme Court

Decided March 17, 2015No. 2013-0052Published

1DissentO’Donnell, J.

{¶ 38} I respectfully dissent.

{¶ 39} This case concerns the standard of review that a common pleas court should apply in reviewing discipline imposed on a fire chief found to have committed misconduct in office. The Eighth District Court of Appeals erroneously concluded that an administrative appeal from a civil service commission is *505subject to a trial de novo, thus permitting the common pleas court to substitute its judgment for that of the commission and to modify the discipline it imposed— even if the court upholds the commission’s findings of fact and conclusions of law. Based on its…

2Cases cited4 opinions

  1. University of Cincinnati v. ConradOhio Supreme Court · 1980
  2. Chupka v. SaundersOhio Supreme Court · 1986
  3. Newsome v. Municipal Civil Service Commission of ColumbusOhio Court of Appeals · 1984
  4. Maurer v. Franklin County Treasurer, 07ap-1027 (7-10-2008)Ohio Court of Appeals · 2008

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