Ohio Supreme Court reverses earlier decision in Warren retire/rehire

Staff report

WARREN

The Ohio Supreme Court has reversed an Ohio 11th District Court of Appeals decision that ordered Warren officials to make it possible for a Warren Municipal Court employee to retire and be rehired.

The courts have not specifically addressed the issue of the 1984 Warren ordinance that prohibits city employees from retiring and being rehired full-time, instead focusing on the question of whether Warren Auditor David Griffing has a legal obligation to certify the employee’s retirement to the Ohio Public Employees Retirement System.

Griffing refused to certify the retirement of clerk-bailff Louise Rowland, who works for Judge Thomas Gysegem, when she requested the retire/rehire in 2010.

The Ohio Supreme Court sided with Griffing, saying Griffing was correct in refusing to certify her retirement because Rowland had never retired. The court said Judge Gysegem had sent a letter indicating that Rowland was going to retire, but he never followed that up with a termination letter, nor did Rowland file a retirement letter with the city.

“A public employee need not leave public employment permanently, but may terminate employment for purposes of [public employee] retirement and then be reemployed immediately, upon forfeiting two months of benefits,” the supreme court said.

When reached Thursday, Rowland said she had no comment on the decision. Her attorney, John Juhasz, did not return a message seeking comment.

Warren Law Director Greg Hicks and Judge Gysegem both retired and were rehired. Hicks said the city ordinance does not pertain to elected officials such as him.

Officials in the city human-resources office say no Warren employee has retired and been rehired full time in at least 20 years except elected officials.