McClain v. Northwest Community Corrections Center

95 Ohio St. 3d 484

Opinions

{¶ 1} The United States District Court for the Northern District of Ohio, Western Division, has certified the following questions to us:

{¶ 2} “(1) Is an employee of a judicial corrections board hired to the staff of a community based correctional facility an at-will employee who serves at the pleasure of the Board?”

{¶ 3} The court declines to answer this certified question.

{¶ 4} “(2) Is an employee of a judicial corrections board hired to staff a community based correctional facility, who is subject to a 120 day initial review period pursuant to Board policy, entitled to ‘due process’ in the termination of her employment pursuant to O.A.C. Section 5120:1-14-03(P) and R.C. Section 5120.111?”

{¶ 5} The court answers certified Question No. 2 in the affirmative.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer and Cook, JJ., concur. Douglas and F.E. Sweeney, JJ., concur separately. Lundberg Stratton, J., dissents.