State ex rel. Perkins v. City of Cincinnati

946 N.E.2d 272, 191 Ohio App. 3d 391
CourtOhio Court of Appeals
DecidedDecember 22, 2010
DocketNo. C-090679
StatusPublished

This text of 946 N.E.2d 272 (State ex rel. Perkins v. City of Cincinnati) 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
State ex rel. Perkins v. City of Cincinnati, 946 N.E.2d 272, 191 Ohio App. 3d 391 (Ohio Ct. App. 2010).

Opinion

Per Curiam.

{¶ 1} In this appeal from two cases consolidated in the trial court, appellant Joseph Michael Perkins contests the trial court’s entry affirming decisions of the [393]*393appellees, the city of Cincinnati and its public employee retirement system (“the CRS”), that denied Perkins the opportunity to participate in the CRS’s Early Retirement Incentive Plan (“the ERIP”). Because the trial court erred as a matter of law in affirming the CRS’s decision to deny Perkins service credit transferred from the state retirement system that would have ensured his eligibility for the ERIP, we reverse the trial court’s judgment in Perkins’s administrative appeal. But we affirm the trial court’s dismissal of Perkins’s mandamus action because he had an adequate remedy at law available in the administrative appeal.

I. Perkins and the ERIP

{¶ 2} In 2007, the city offered an incentive for the early retirement of qualified current employees. The ERIP offered two additional years of service credit to city employees with at least 28 years of service credit on December 31, 2007. Perkins had been employed as an inspector with the city’s buildings department since March 1980. By the end of 2007, Perkins had accrued 27 years and ten months of CRS service credit. But Perkins had also worked as a seasonal municipal-service aide for the city’s recreation department as a part-time student employee from July 9, 1972, until September 4, 1972. Perkins had not earned CRS service credit for that period of employment.

{¶ 3} Seeking service credit for his 1972 summer employment, Perkins submitted an application to participate in the ERIP. His application was denied by the staff of the CRS. In November 2007, the CRS finance manager explained to Perkins that for his 1972 service to be eligible for credit towards the ERIP, “the service would had to have been eligible at the time of employment.” Under Ordinance No. 386-1952, the CRS did not extend service credit for temporary work like Perkins’s 1972 summer employment with the recreation department.

{¶ 4} On December 26, 2007, Perkins filed a motion for a temporary restraining order to keep the ERIP open until his administrative appeal had been resolved. At the same time, Perkins sought credit for his 1972 summer employment from the Ohio Public Employees Retirement System (“OPERS”). In a decision dated January 28, 2008, OPERS determined that Perkins was entitled to .25 of a year of service credit under its system for the 1972 summer employment. Perkins then sought to transfer that service credit from OPERS to CRS under their transfer-of-service credit agreement. If he had been successful, Perkins would have had sufficient service credit to participate in the ERIP.

{¶ 5} On January 31, 2008, the CRS Benefits Committee conducted a hearing. Perkins was represented by counsel at the hearing. The committee compiled findings of fact and conclusions of law and forwarded its results to the CRS [394]*394Board. The board adopted the committee’s findings and conclusions and denied Perkins the opportunity to participate in the ERIP.

{¶ 6} Perkins appealed the administrative decision of the CRS board to the court of common pleas. He also filed an amended verified complaint seeking a writ of mandamus and other injunctive relief. Under Civ.R. 42(A)(1), the trial court consolidated the two cases. In a single entry, the trial court ultimately entered judgment for the city in both cases. These appeals followed.

II. Perkins’s Appeal of the CRS Decision Denying Service Credit

{¶ 7} In his first assignment of error, Perkins asserts that the trial court erred in affirming CRS’s decision denying his right to participate in the ERIP. He claims that the trial court erroneously affirmed the CRS’s legal conclusion that the .25 year of service credit allowed by OPERS for his 1972 summer employment could not be transferred to his CRS service credit.

{¶ 8} The CRS board had adopted the recommendation of the CRS Benefits Committee to deny Perkins’s participation in the ERIP. The board agreed that Perkins’s time as a municipal service aide was not eligible for CRS credit because (1) he had not been an employee eligible for CRS credit, as defined by Ordinance No. 386-1952, (2) he had not purchased the ineligible service credit when permitted by ordinance in 1997, and (3) a transfer of credit from OPERS to CRS for the 1972 employment was not permitted under the law governing the CRS. The trial court found sufficient, reliable, and probative evidence to support the boards’ findings of fact and conclusions of law, and it affirmed the board’s decision.

{¶ 9} As this court noted in Cincinnati Bengals, Inc. v. Papania, “pursuant to R.C. 2506.04 the court of common pleas may determine whether the board’s decision is, inter alia, ‘illegal,’ i.e., contrary to law.”1 “Subsequent appeals to this court are limited to questions of law.”2 In this case, we must’ therefore, affirm the judgment of the trial court unless we conclude that the trial court’s judgment is contrary to law.3

{¶ 10} Pursuant to Cincinnati Municipal Code 203-8, the city entered into a transfer-of-service credit agreement with OPERS. Under the transfer agreement, service credit can be transferred between CRS and OPERS. Section III [395]*395of the transfer agreement provides that once an eligible CRS member files the appropriate paperwork with the CRS, “the Accepting System [CRS] shall provide written notice to the Transferring System [OPERS], and Eligible Service Credit shall he transferred ” by the means described in the remainder of the section.4 “Eligible Service Credit” is defined as “[s]erviee credit earned under the Transferring System.”

{¶ 11} The transfer agreement also states, in Section TV, that “[t]he Accepting System [CRS] shall grant service credit to the Eligible Member for a specific period of time of Eligible Service Credit to be transferred from the Transferring System [OPERS] as allowed by the Accepting System’s applicable service credit law* * *.”

{¶ 12} The city, however, contends that as the accepting system, its applicable service-credit law — Ordinance No. 386-1952 — prevented it from crediting Perkins for his 1972 summer employment. The ordinance excluded retirement service credit, under CRS, for temporary employment.

{¶ 13} But the gravamen of Perkins’s argument is not that the CRS had failed to award him CRS credit. He argues that the CRS failed to honor the transfer of .25 of a year of service credit awarded by OPERS in its January 28, 2008 decision.

{¶ 14} We hold that the city’s reliance upon Ordinance No. 386-1952 in this case is misplaced. The CRS should have looked to the text of the transfer agreement and to Cincinnati Municipal Code 203-1-C2 for the “applicable service-credit law” governing whether the CRS was required to transfer Perkins’s OPERS service credit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Ex Rel. Voleck v. Village of Powhatan Point
2010 Ohio 5679 (Ohio Supreme Court, 2010)
Dore v. Miller, Unpublished Decision (9-15-2004)
2004 Ohio 4870 (Ohio Court of Appeals, 2004)
Zupp v. Columbus Municipal Civil Service Commission
933 N.E.2d 281 (Ohio Court of Appeals, 2010)
Dudukovich v. Lorain Metropolitan Housing Authority
389 N.E.2d 1113 (Ohio Supreme Court, 1979)
State ex rel. Hilltop Basic Resources, Inc. v. City of Cincinnati
118 Ohio St. 3d 131 (Ohio Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
946 N.E.2d 272, 191 Ohio App. 3d 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-perkins-v-city-of-cincinnati-ohioctapp-2010.