STATE EX REL. SCHAENGOLD v. PERS

No. 2006-1920.

114 Ohio St.3d 147 (2007)

2007-Ohio-3760

THE STATE EX REL. SCHAENGOLD, APPELLANT, v. OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 8, 2007.


Attorney(s) appearing for the Case

Gary C. Schaengold, pro se.

Marc Dann, Attorney General, and Laura Erebia Parsons, Assistant Attorney General, for appellee Ohio Public Employees Retirement System.

Patrick J. Bonfield, Dayton Director of Law, and John C. Musto, Assistant City Attorney, for appellees city of Dayton and Dayton Municipal Court.


Per Curiam.

{¶ 1} This is an appeal from a judgment denying a writ of mandamus to compel appellee, Ohio Public Employees Retirement System ("PERS"), to treat the service of an attorney employed as a temporary magistrate by a municipal court as that of a public employee entitled to PERS membership and credit. Because the retirement board did not abuse its discretion by determining that the attorney acted as an independent contractor rather...

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