State Ex Rel. Barley v. Ohio Department of Job & Family Services

{¶ 34} I respectfully dissent and would adopt the reasoning of the court of appeals in denying the writ of mandamus. The majority now holds that a classified public employee who is given additional duties so that his position is recharacterized as unclassified has fallback rights under R.C. 124.11(D). The redesignation of status is not an appointment to a position as contemplated by the fallback statute.

{¶ 35} The court of appeals determined that Barley had never been “appointed” to the unclassified position and thus had no right under R.C. 124.11(D) to be reinstated to his previous…