2006-Ohio-665, 842 N.E.2d 1050
2005-2374.Supreme Court of Ohio.
February 22, 2006.
Franklin App. No. 04AP-1118, 2005-Ohio-5836.
MOTION AND PROCEDURAL RULINGS
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 7 of the court of appeals’ Decision filed December 13, 2005:
Page 1470
“When an appointing authority abolishes an employee’s position as a result of a reorganization for efficient operation under former R.C. 124.321(D), may the appointing authority satisfy former R.C. 124.321(D) by showing that it reasonably projected that greater efficiency would result, or must an appointing authority also show that the abolishment actually resulted in improved efficiency?”
RESNICK, PFEIFER and O’DONNELL, JJ., dissent.
Sua sponte, cause consolidated with 2005-2373, Penrod v. Ohio Dept. of Adm. Serv., Franklin App. No. 04AP-1118, 2005-Ohio-5836.
The conflict case is McAlpin v. Shirey (1997), 121 Ohio App.3d 68.