Green v. South Central Ambulance District

691 N.E.2d 1078, 118 Ohio App. 3d 24
CourtOhio Court of Appeals
DecidedJanuary 28, 1997
DocketNo. 96-A-0029.
StatusPublished
Cited by2 cases

This text of 691 N.E.2d 1078 (Green v. South Central Ambulance District) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. South Central Ambulance District, 691 N.E.2d 1078, 118 Ohio App. 3d 24 (Ohio Ct. App. 1997).

Opinion

Joseph E. Mahoney, Judge.

Appellant, Edward Green, appeals a judgment of the Ashtabula County Court of Common Pleas affirming appellant’s discharge from employment by appellee, South Central Ambulance District. For the reasons that follow, we reverse the judgment of the trial court.

The facts pertinent to this appeal are as follows. In 1987, appellant was employed by appellee as a paramedic. In the early morning hours of March 10, 1987, appellant was involved in a serious automobile accident and was charged, pursuant to R.C. 4511.19(A)(1), with operating a motor vehicle while under the influence of alcohol. Appellant, although off duty at the time of the accident, was scheduled to report to work at 8:00 that morning. Following the accident, appellee was notified by its insurance carrier that appellant was excluded from coverage.

On May 6, 1987, David M. Wilber, appellee’s Director, notified appellant that, because appellant was uninsurable, he would recommend to the South Central Ambulance District Board (“board”) that appellant’s employment with appellee be terminated. This same letter requested that appellant attend the next regular meeting of the board, to be held on May 11,1987, where appellant would be given the opportunity to answer the charges against him either personally or through a representative.

At the May 11, 1987 meeting, Wilber read a letter from appellee’s insurance company stating that appellant was no longer an acceptable risk as a driver of any vehicle and was excluded from coverage. Appellee further inquired into the availability of insurance through another company, but was advised that coverage was not available.

The minutes of the meeting indicate that appellant was present without counsel. In his defense, appellant admitted that he lost track of time and had drinks after midnight when he should not have. Appellant did not deny that he was uninsurable as an ambulance driver. Rather, appellant requested that he be able to keep his job but not drive.

After discussion, the board agreed that driving was a job requirement and the ability to obtain insurance coverage was mandatory. The board voted unanimously to terminate appellant’s' employment. On or about May 11, 1987, appellant received a document signed by Wilber, advising appellant that his employment with appellee was being terminated. The reasons given for appel *26 lant’s dismissal included violating appellee’s policy prohibiting the consumption of alcoholic beverages within eight hours of beginning a shift and the fact that appellant could not be insured to drive. This document also advised appellant, erroneously, that an appeal of the board’s decision could be made to the State Personnel Board of Review. 1

Appellant attempted to appeal the board’s decision to the State Personnel Board of Review. Said appeal was dismissed for lack of jurisdiction. In August 1987, appellant properly filed a notice of appeal in the court of common pleas. By judgment entry dated November 16, 1993, the trial court concluded, based on appellee’s motion to dismiss, that it lacked jurisdiction to go forward with the action because appellant had not filed a timely notice of appeal. The trial court further held that, based on a review of the evidence before the board, appellee did comply with the statutory procedures for removing appellant and that his discharge was warranted. The decision of the trial court was reversed by this court in Green v. S. Cent. Ambulance Dist. (Aug. 26, 1994), Ashtabula App. No. 93-A-1848, unreported, 1994 WL 587575.

In Green, this court noted that the record filed in this action contained a copy of the minutes of the board’s meeting of May 11, 1987 where appellant’s termination of employment was discussed. However, we noted that there was no indication as to whether these minutes were approved and journalized upon the books of the board. Id. at 6-7. Furthermore, this court noted that the notice appellant received from Wilber regarding appellant’s discharge was insufficient to constitute a “decision” by the board. Id. at 5-6. Notwithstanding when the actual decision of the board was, or will be, journalized upon the board’s records, this court held that appellant’s notice of appeal was properly before the court of common pleas and appellee was estopped from asserting that the appeal was untimely filed because of the inaccurate information it provided appellant concerning his right of appeal. Id. at 7. As to the trial court addressing the merits of appellant’s appeal, we held that appellant was not given an opportunity to demonstrate to the trial court the need to hear additional evidence under R.C. 2506.03. Id. at 9.

On remand, the trial court ordered that a complete transcript be filed, that motions to supplement would be entertained, and that briefs were to be filed. Appellee filed the record on October 3,1994. The record again included a copy of the minutes from the board’s meeting of May 11, 1987 and Wilber’s letter to appellant regarding his discharge. However, as with the parties’ earlier appeal, *27 the record before the trial court, and this court, contains no “decision” from the board. The minutes of the board’s meeting of May 11, 1987 give no indication as to whether these minutes were approved and journalized upon the books of the board.

Following the submission of briefs by the parties, the trial court, by judgment entry dated March 27, 1996, determined that the statutory procedures for appellant’s dismissal were substantially complied with and that sufficient evidence existed to justify his termination of employment with appellee.

From this judgment, appellant has filed a timely notice of appeal and now raises the following as error:

“1. The trial court erred in finding that [appellee] had properly journalized and notified [appellant] of his discharge.
“2. The record demonstrates a lack of credible evidence to support the discharge of [appellant], and the trial court erred in affirming the decision of [appellee] since it was not supported by the evidence.
“3. The trial court erred and abused its discretion in finding that substantial compliance with statutory requirements, as opposed to strict compliance, was sufficient on the part of [appellee].
“4. The trial court’s finding of substantial compliance with statutory requirements is not supported by the evidence.”

We do not reach the merits of appellant’s arguments as the record before this court contains no final order from which appellant’s appeal could be perfected.

R.C. 2506.01, which governs administrative appeals, provides:

“Every final order, adjudication, or decision of any officer, tribunal, authority, board, bureau, commission, department, or other division of any political subdivision of the state may be reviewed by the court of common pleas of the county in which the principal office of the political subdivision is located as provided in Chapter 2505 of the Revised Code, except as modified by this chapter.

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Bluebook (online)
691 N.E.2d 1078, 118 Ohio App. 3d 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-south-central-ambulance-district-ohioctapp-1997.