CINCINNATI v. STATE EMP. RELATIONS BD.

Appeal No. C-080819.

2009 Ohio 2834

City of Cincinnati, Ohio, Respondent-Appellant, v. State Employment Relations Board, Plaintiff-Appellee, and Fraternal Order of Police, Queen City Lodge No. 69, Complainant-Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: June 17, 2009.


Attorney(s) appearing for the Case

Richard Cordray, Ohio Attorney General, and Anne Light Hoke, Assistant Ohio Attorney General, for Plaintiff-Appellee,

Stephen S. Lazarus, Kimberly A. Rutowski, and Hardin, Lefton, Lazarus & Marks, LLC, for Complainant-Appellee, and

John P. Curp, Cincinnati City Solicitor, Augustine Giglio, Assistant Cincinnati City Solicitor, and Jonathan J. Downes, Benjamin S. Albrecht, and Downes, Hurst & Fishel, LLP, for Respondent-Appellant.


DECISION

MARK P. PAINTER, Judge.

{¶1} This case involves fallout from Cincinnati voters' approval of Issue 5 in 2001. Issue 5 succeeded in allowing the city manager to appoint the police chief and assistant chiefs and to remove them from the classified civil service. That issue was the subject of this court's previous case.1 But all but one of the assistant chiefs remain in the bargaining unit of the union....

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