MAHONING COUNTY Deputy seeks court order

The sheriff says he has no proof that the deputy has sustained a disability.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- A Mahoning County deputy sheriff awaiting trial on a sex charge wants to retire on a disability.
Sheriff Randall Wellington has refused to sign the deputy's retirement application, though, because he has no proof of any injury.
"Unless I'm ordered by the courts, I won't sign it," Wellington said.
Mark Dixon, 30, of Wellington Avenue, has asked the 7th District Court of Appeals to issue such an order.
Dixon is accused of having a female inmate perform oral sex on him while she was incarcerated at the county jail in November 2000. A county grand jury indicted him this past April on a charge of sexual battery, for which he is awaiting trial in common pleas court.
Dixon has been removed from the department's payroll while the matter is pending. He has not been fired, but has not collected a paycheck since April.
No employer's section
According to court documents, Dixon requested an application in early 2003 for disability retirement from the Public Employees Retirement System. After his doctor filled out his portion, Dixon submitted a portion to the sheriff's department that was to be completed by his employer.
Dixon submitted all the paperwork, minus the employer's portion, in April. The agency has refused to process his application, though, until it receives the employer's portion.
"I have no evidence of any disability," Wellington said, explaining why he hasn't signed the paperwork. "I have seen absolutely nothing."
Earlier ruling
Gwen Callender, attorney for the Fraternal Order of Police/Ohio Labor Council, wrote in the complaint that filling out the employer's portion of the application is a ministerial act that is required of Wellington.
She cited a September 2002 ruling by the 7th District appellate court in which Wellington was ordered to sign disability papers for another employee, William Frease. Wellington had refused to sign Frease's application for the same reason as he refuses to sign Dixon's.
But the appellate court ruled that the employer is required to sign the application, and can express any reservations or concerns on the application.
"If [Wellington] believes he is not in possession of sufficient information to make such judgment, that should be expressed on the form," the court wrote last year. "The process remains in limbo until the employer returns the report."
The final decision on whether retirement benefits are approved is up to the retirement board after it reviews the application and medical reports handed in by physicians and the state retirement system's medical consultant.
bjackson@vindy.com