Disciplinary Counsel v. Kramer

2016 Ohio 5734, 75 N.E.3d 1174, 149 Ohio St. 3d 425
CourtOhio Supreme Court
DecidedSeptember 13, 2016
Docket2015-2000
StatusPublished
Cited by6 cases

This text of 2016 Ohio 5734 (Disciplinary Counsel v. Kramer) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Disciplinary Counsel v. Kramer, 2016 Ohio 5734, 75 N.E.3d 1174, 149 Ohio St. 3d 425 (Ohio 2016).

Opinions

O’Connor, C.J.

{¶ 1} Respondent, Roger Stephen Kramer of Shaker Heights, Ohio, Attorney Registration No. 0019210, was admitted to the practice of law in Ohio in 1977. On December 14, 2015, the Board of Professional Conduct filed its report recommending that Kramer be suspended from the practice of law in Ohio for one year, with the suspension stayed in its entirety. Relator, disciplinary counsel, requests that we reject the board’s recommendation and instead impose a one-year actual suspension. Kramer requests that any suspension ordered be stayed in its entirety and that the court consider certain issues that “have broad impact on the entire disciplinary system in Ohio.” We adopt the board’s recommendation.

Relevant Background

{¶ 2} In May 2011, the Cuyahoga County Council appointed Kramer, a former prosecutor, to be a hearing officer at the county’s board of revision. As a hearing officer, Kramer was a county employee.

{¶ 3} In May 2013, the Cuyahoga County Office of the Inspector General informed the certified grievance committee of the Cleveland Metropolitan Bar Association (“CMBA”) that an investigation of Kramer had revealed discrepancies between his time sheets and his actual hours worked. The inspector general’s report, dated September 4, 2012, determined that there was “sufficient evidence to establish reasonable grounds to believe” that Kramer violated county rules, regulations, and/or policies regarding his work hours and time sheets by some 129 discrepancies between his timesheet and parking garage records. The report stated that Kramer was aware of the fact that he was paid for work he did not perform and acknowledged that he owed money to Cuyahoga County as a result. The inspector general recommended that the matter be referred to the [426]*426county executive and human-resources department for potential disciplinary action.

{¶ 4} Prior to the issuance of the inspector general’s report but pending the results of the investigation, Kramer was placed on administrative leave without pay. After release of the report, Kramer resigned from his position at the board of revision on September 14, 2012. In his resignation letter, Kramer denied any violation of law and asserted that a review of the documents provided to his counsel “reveal a net discrepancy of six hours.”

{¶ 5} The committee exercised its discretion and decided not to file a complaint against Kramer. By letter dated October 24, 2013, the committee notified the inspector general of the dismissal, stating, “The Committee believes Mr. Kramer has already been sanctioned by the loss of his employment and that further disciplinary action is not warranted.” The letter also informed the inspector general how to obtain review of the committee’s determination pursuant to Gov.Bar R. V(4)(I)(5) (now Gov.Bar R. V(10)(D)). The inspector general declined to pursue further review.

{¶ 6} Prior to the committee’s dismissal of the grievance, a separate anonymous grievance was submitted to disciplinary counsel. According to disciplinary counsel, the grievance was received on October 17, 2013, and signed by a “citizen and employee of Cuyahoga County.” Neither the inspector general’s grievance to the committee nor the anonymous grievance submitted to disciplinary counsel is included in the record. However, disciplinary counsel described the contents of the grievance as follows:

In the anonymous grievance, the grievant stated that he or she is employed by Cuyahoga County and “fear[s] that my employment might be put in jeopardy by reporting this matter.” Attached to the anonymous grievant’s letter was a copy of the September 4, 2012 Report of Investigation prepared by the Cuyahoga County Agency of Inspector General. In the closing paragraph of his or her grievance, the grievant stated that “I bring this to your attention because I believe it is important to the legal profession and to citizens of Cuyahoga County that misconduct be properly reviewed and appropriate consequences result to insure [sic] integrity in public life and in the legal profession.”

{¶ 7} In November 2013, according to disciplinary counsel, he sent a letter of inquiry to Kramer asking him to reply to the information contained in the inspector general’s report. In response, Kramer’s counsel informed disciplinary counsel that the CMBA had already dismissed a related grievance. After receiving this information, disciplinary counsel requested a copy of the CMBA’s [427]*427file on Kramer and pursued an investigation that by disciplinary counsel’s description, “significantly exceeded the scope of the Inspector General’s investigation.”

{¶ 8} In December 2014, disciplinary counsel filed a formal complaint with the Board of Commissioners on Grievances and Discipline (now known as the Board of Professional Conduct) alleging that Kramer’s conduct regarding his timekeeping violated the Rules of Professional Conduct—specifically, Prof.Cond.R. 8.4(c) (conduct involving dishonesty, fraud, deceit, or misrepresentation) and 8.4(d) (conduct prejudicial to the administration of justice).

{¶ 9} Kramer answered the complaint and moved to dismiss, arguing that the committee’s dismissal of the prior grievance should be dispositive of the matter. On April 9, 2015, a three-member panel of the board denied the motion to dismiss, concluding that “[w]hile the first grievance filed by the inspector general arises out of the same set of facts and circumstances as the grievance that gave rise to the present complaint, nothing in Gov.Bar R. Y precluded the filing of a separate grievance by a different grievant.” Specifically, the panel found:

CMBA declined to file a complaint based on its view that the allegations were of the nature of an employment dispute and did not determine whether any conduct of [Kramer] constituted a violation of the Rules of Professional Conduct. On the other hand, the Disciplinary Counsel independently investigated a grievance filed by someone other than the Cuyahoga County Inspector General and discovered facts not reviewed or considered by the CMBA.

{¶ 10} In August 2015, the panel held a formal hearing on the complaint. On December 14, 2015, the board considered the matter and adopted the panel’s findings of fact, conclusions of law, and recommendation that Kramer be suspended from the practice of law in Ohio for one year, stayed in its entirety.

{¶ 11} Disciplinary counsel objects to the board’s recommendation and requests an actual suspension of one year. Kramer requests that any suspension be stayed in its entirety and that the court consider addressing issues that he asserts have not been addressed in prior disciplinary decisions. One of these issues is whether a dismissal of a grievance by a certified grievance committee is final if not appealed and, relatedly, whether another disciplinary agency must give the prior dismissal full faith and credit.

Misconduct

{¶ 12} After Kramer had been employed for approximately one year as a board-of-revision hearing officer, his supervisor, who was responsible for approv[428]*428ing Kramer’s timesheets, was replaced. Kramer’s new supervisor requested that the Cuyahoga County inspector general audit her department based on concerns that her predecessor was too lax and had allowed time theft. The audit revealed two employees who had misreported their time, including Kramer.

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Cite This Page — Counsel Stack

Bluebook (online)
2016 Ohio 5734, 75 N.E.3d 1174, 149 Ohio St. 3d 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/disciplinary-counsel-v-kramer-ohio-2016.