MAHONING COUNTY Corporals file suit over department demotions

The corporals say they should be afforded civil service protection.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Four corporals in the Mahoning County Sheriff's Department have gone to court to keep from being demoted.
A lawsuit was filed Friday in common pleas court by Cortland Casey and John Peace, both of Campbell, and Ronald Denson and William Walker, both of Youngstown.
Named as defendants are Sheriff Randall Wellington and the Fraternal Order of Police-Ohio Labor Council, which represents the department's rank-and-file employees.
The suit says that a test for promotion to sergeant was given in September 2001. Any corporals who passed were to be automatically promoted, Wellington said.
Those who failed, or those who didn't take the test, were to be demoted to deputy.
Wellington said that was something that had been agreed to by the union as part of the process of eliminating the rank of corporal.
Court documents say four of the eight corporals who took the test failed, and one corporal did not take the test. The four who took the test and passed were promoted.
Court documents do not say whether Casey, Peace, Denson and Walker failed the test or didn't take it. There also is no mention of why only four deputies filed suit, when five are to be demoted.
Argument
The plaintiffs have argued that they are civil service employees and under Ohio law can be demoted only under certain conditions.
When Wellington did not immediately demote those who failed or did not take the test, the union filed a grievance against him. The union argued that the demotions should have been simultaneous with the promotions.
An arbiter ruled Nov. 30 that the corporals should be demoted. He said the deputies were aware of the demotion procedure when they ratified their latest collective bargaining agreement, essentially waiving their civil service rights.
Atty. Charles Curry, representing the corporals, filed the legal action, which includes a request for a temporary restraining order to keep Wellington from demoting them.
Wellington said that since he had not seen the lawsuit he could not comment on it.
bjackson@vindy.com