State ex rel. Bispeck v. Board of Commissioners

An action in man-, damus is a proper course by which laid-off county employees may seek to compel their employer to abide by orders of the State Personnel Board of Review disaffirming their layoffs. State, ex rel. Potten, v. Kuth (1980), 61 Ohio St. 2d 321, 15 O.O. 3d 391, 401 N.E. 2d 929.

In answering such a complaint for a writ of mandamus, however, the appointing authority may raise as an affirmative defense that the board abused its discretion by disaffirming the layoff order. State, ex rel. Potten, supra; State, ex rel. Ogan, v. Teater (1978), 54 Ohio St. 2d 235, 8 O.O. 3d 217, 375 N.E.…