OH High Courts Hear Fire Chief’s Case

Dec. 8—COLUMBUS — In a case involving a former Spencer Township fire chief who is seeking a severance payment, the Ohio Supreme Court on Wednesday was asked whether townships have the authority to enter into employment contracts with their firefighters.

Carleton Arnold, of Ida, Mich., claims the township breached his employment contract and owes him 80 percent of his unpaid salary after it merged his department with neighboring Springfield Township's in a cost-cutting move, leaving him unemployed. Mr. Arnold sought just under $69,000 in severance.

"For dozens of townships that have contracts with firefighters, this is not a minor case," Mr. Arnold's attorney, David A. Nacht, told the court.

Mr. Arnold joined the fire department as a paramedic in 2013 and worked his way up to fire chief in late 2015. He signed a three-year contract as chief, but the township trustees decided just months later to merge the 25-employee fire department with Springfield's.

In the process, the trustees rescinded existing department employment contracts, determining that certain clauses, including the severance pay provisions, were not legal. The department's employees were encouraged to seek positions with the Springfield department, but Mr. Arnold was not among those absorbed.

"This is a township," said Patrick Kasson, Spencer Township's attorney. " A township is set up by the legislature. The board of trustees only exist through the legislature. As a result, this court for 100 years has been absolutely clear that a township only has the rights that the legislature grants them."

After leaving the fire department, Mr. Arnold was hired at Lake Superior State University in Sault Ste. Marie, Mich., but, for personal reasons, did not go to work at the small school. He took a temporary job with the Salvation Army and then a full-time job with ProMedica, but he was unemployed from July through October, 2016.

Lucas County Common Pleas Court had sided with Mr. Arnold, rejecting the trustees' argument that they didn't have the authority to enter into such a contract in the first place. Even so, the trustees argued Mr. Arnold was laid off and never "terminated" under the terms of the contract.

The Toledo-based 6th District Court of Appeals last year reversed that decision, ruling that Mr. Arnold, as a public employee, was employed as a matter of law rather than contract. Therefore, he could not sue for breach of that contract.

"(Townships') authorities are limited," Mr. Kasson said. "These are generally smaller municipalities. They are not as sophisticated as, say, Cleveland, which is a charter municipality."

But some justices expressed concern about whether their decision would apply only to firefighters given that the 6th District applied the contract prohibition generally to public employees.

"Some townships are much bigger and probably have more operations going on than some of our counties," Chief Justice Maureen O'Connor said.

Mr. Nacht argued the 80 percent severance guarantee was nothing out of the ordinary.

"There's nothing abhorrent," he said. "There's nothing in the record that suggests anything underhanded. My client worked his way up through this tiny fire department. When the former chief left, he got the job."

The court did not immediately rule.

___

Visit The Blade (Toledo, Ohio) at www.toledoblade.com

Distributed by Tribune Content Agency, LLC.