Roberson v. Voinovich

917 F. Supp. 526, 1996 U.S. Dist. LEXIS 6421, 1996 WL 112387
CourtDistrict Court, S.D. Ohio
DecidedMarch 5, 1996
DocketCivil A. No. 2:93-CV-250
StatusPublished

This text of 917 F. Supp. 526 (Roberson v. Voinovich) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberson v. Voinovich, 917 F. Supp. 526, 1996 U.S. Dist. LEXIS 6421, 1996 WL 112387 (S.D. Ohio 1996).

Opinion

OPINION AND ORDER

KING, United States Magistrate Judge.

Plaintiff, formerly Chief of Facilities Management for the Ohio Department of Development, brings this action under 42 U.S.C. § 1988, alleging that defendants George V. Voinovich, Governor of the State of Ohio, and Donald Jakeway, Director for the Ohio Department of Development, unlawfully terminated her from employment with the State of Ohio on account of her political affiliation in violation of the First and Fourteenth Amendments. Pursuant to the provisions of 28 U.S.C. § 686(b), the parties have consented to disposition by the undersigned. This matter is now before the Court on defendants’ motion for summary judgment on the basis that political affiliation is an appropriate criterion for the position of Chief of Facilities Management.1

Background

Plaintiff, a Democrat, worked in the Department of Development from April 1988 to the date of her termination in March 1991. Plaintiff ascended to the position of Chief of Facilities Management in October 1988, during the administration of Governor Richard F. Celeste, a Democrat. Plaintiff was terminated during the early months of the administration of defendant Governor Voinovich, a Republican who replaced Governor Celeste.2 The complaint seeks backpay and compensatory and punitive damages.

Standard of Review

The procedure for granting summary judgment is found in Fed.R.Civ.P. 56(e), which provides:

[528]*528The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

The evidence must be viewed in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment will not lie if the dispute about a material fact is genuine, “that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). However, summary judgment is appropriate if the opposing party fails to make a showing sufficient to establish- the existence of an element essential to that party’s case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 471 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The mere existence of a scintilla of evidence in support of the opposing party’s position will be insufficient; there must be evidence on which the jury could reasonably find for the opposing party. Anderson, 477 U.S. at 251, 106 S.Ct. at 2511-12.

Discussion

The First Amendment generally prohibits the dismissal of a public employee on the basis of political affiliation. Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976). The Supreme Court has recognized, however, that political affiliation is an appropriate qualification for certain governmental positions. Id. “[T]he ultimate inquiry ... is whether the hiring authority can demonstrate that party affiliation is an appropriate requirement for the effective performance of the public office involved.” Branti v. Finkel, 445 U.S. 507, 518, 100 S.Ct. 1287, 1295, 63 L.Ed.2d 574 (1980); see also Rice v. Ohio Dep’t of Transportation, 14 F.3d 1133, 1142 (6th Cir.), cert. denied, — U.S. —, 114 S.Ct. 2678, 129. L.Ed.2d 812 (1994). In making that determination, the Court must consider the inherent duties of the position, and the “duties that the new holder of that position will perform.” Faughender v. City of North Olmsted, 927 F.2d 909, 913 (6th Cir.1991). Descriptions of the actual duties performed by past officeholders may be informative as to the position’s inherent duties. Clark v. Voinovich, Case No. C-2-93-087, slip op. at 4 (S.D.Ohio Aug. 24, 1995) (unreported) (citing Peters v. Delaware River Port Auth., 16 F.3d 1346 (3d Cir.), cert. denied, — U.S. —, 115 S.Ct. 62, 130 L.Ed.2d 20 (1994)).

The United States Court of Appeals for the Sixth Circuit recently considered issues similar to those presented in this case. In Blair v. Meade, 76 F.3d 97 (6th Cir.1996), the Court of Appeals considered the terminations of two employees, Virginia Castle and Donald Patton, of a county judge executive in Kentucky. The Court held that both employees had occupied positions for which political affiliation was an appropriate consideration.

Patton was the purchasing agent, chief financial officer, and office manager, who was responsible for purchasing office supplies for the county courthouse, paying all major bills other than utilities, preparing claim sheets for the fiscal quarter, typing checks and envelopes, issuing purchase orders, and overseeing the timeliness of paper flow in the office. Blair, 76 F.3d at 99. The Court held that Patton had enjoyed access to confidential and political information, had been in a position to recognize the financial strengths and weaknesses of various county operations, and had consequently been

in an excellent position to contribute to the highly political budget decisions made by the judge executive.... The fact that the defeated judge executive had Mr. Patton perform ministerial rather than policymak-ing tasks does not change the conclusion that the inherent nature of his job made him particularly well-suited to aid in poli-cymaking.

Blair, 76 F.3d at 100-01 (citations omitted).

Castle was a bookkeeper and assistant to the chief financial officer. The Court held that, although Castle had performed many ministerial duties, her position as an assis[529]*529tant to Patton had involved elements of trust and confidentiality. Blair, 76 F.3d at 101.

The Court added

Finally, we note that the positions occupied by Mr. Patton and Ms. Castle were somewhat amorphous in nature and included a fairly broad range of responsibilities.... [Employees’ duties may vary from one administration to the next. If we were to fashion a rule limiting [the defendant’s] ability to fire such employees, we would in effect allow a prior judge executive to define for his successors how the office is run.

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