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  • LTR To Commissioners 10.9.14

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    Andy Burgoon
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    This letter from Patrick Kasson requests an immediate pre-hearing conference to set a hearing date in the case of Moore vs. City of Chillicothe. Kasson notes that Mr. Moore's counsel has failed to participate in scheduling efforts so far, missing the previous pre-hearing conference. Kasson also expresses concern over an upcoming agenda item to discuss placing Mr. Moore on paid administrative leave prior to a merit hearing, which Kasson argues would be inappropriate and in violation of Ohio law. The letter renews the city's request for a pre-hearing conference to schedule a hearing date.

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    Ltr to Commissioners 10.9.14

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    This letter from Patrick Kasson requests an immediate pre-hearing conference to set a hearing date in the case of Moore vs. City of Chillicothe. Kasson notes that Mr. Moore's counsel has failed to participate in scheduling efforts so far, missing the previous pre-hearing conference. Kasson also expresses concern over an upcoming agenda item to discuss placing Mr. Moore on paid administrative leave prior to a merit hearing, which Kasson argues would be inappropriate and in violation of Ohio law. The letter renews the city's request for a pre-hearing conference to schedule a hearing date.

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    3K views2 pages

    LTR To Commissioners 10.9.14

    Uploaded by

    Andy Burgoon
    This letter from Patrick Kasson requests an immediate pre-hearing conference to set a hearing date in the case of Moore vs. City of Chillicothe. Kasson notes that Mr. Moore's counsel has failed to participate in scheduling efforts so far, missing the previous pre-hearing conference. Kasson also expresses concern over an upcoming agenda item to discuss placing Mr. Moore on paid administrative leave prior to a merit hearing, which Kasson argues would be inappropriate and in violation of Ohio law. The letter renews the city's request for a pre-hearing conference to schedule a hearing date.

    Copyright:

    © All Rights Reserved
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    of 2

    Patrick Kasson

    Direct Dial (614) 232-2426


    [email protected]


    October 9, 2014


    VIA EMAIL: [email protected]
    Rev. Olie Burton
    85 Autumn Woods Drive
    Chillicothe, OH
    VIA EMAIL: [email protected]
    Mike Warren
    491 S. Pohlman Rd., Apt. 5
    Chillicothe, OH

    VIA EMAIL: [email protected]
    Anna Villarreal Jenkins
    2 West Main Street
    Chillicothe, OH


    Re: Moore vs. City of Chillicothe
    Case No.: 14CI000402
    Reminger File No.: 4172-21235C

    Dear Commissioners:

    I wish to follow up my prior correspondence in this matter. As you will recall, the
    following has occurred:

    1. More than two weeks ago, when I entered my appearance, I requested, on behalf of
    the City, an immediate scheduling hearing to set the hearing date in this matter.

    2. After some delay and difficulty contacting Mr. Moores counsel, a Pre-Hearing
    Conference was set with Commissioner Warren presiding for September 25,
    2014.

    3. The Conference was confirmed with Mr. Moores counsels office.

    4. On September 25th, despite repeated phone calls to him, Mr. Moores counsel did not
    attend the Conference and thus, a hearing date could not be set.

    5. During that week, I placed several phone calls to Mr. Moores counsel but had not
    received any response. Subsequent to the Conference, in which Mr. Moores counsel
    did not show up, I wrote him a letter expressing my dismay at his refusal to
    participate in the scheduling of the hearing. He then called me the following week. I
    returned his call, but have yet to hear from him again.

    6. Over the last week, I corresponded with Commissioner Warren requesting that
    another Pre-Hearing Conference be scheduled, immediately this week, so that a
    hearing date could be picked. Mr. Warren indicated he was out of town later this
    week and would be unable to do so. I inquired as to whether another Commissioner
    could handle the hearing, and Mr. Warren never responded.

    I, once again, on behalf of the City, request that an immediate Pre-Hearing Conference be
    scheduled so that a hearing date can be set. The City has been requesting this for some time.

    In addition, I have received an agenda for next Tuesday. The agenda seems to suggest
    that the Commission will consider placing Mr. Moore on paid administrative leave prior to a
    merit hearing. This is inappropriate for two reasons. First, Mr. Moores counsel has refused to
    participate in the hearing scheduling process and Mr. Moore should not be rewarded for this.
    Second, such a decision is specifically precluded by Ohio law. Prior to a merit hearing, the
    Commission has no authority to issue opinions or render decisions related to the reduction,
    suspension or removal of an employee. R.C. 124.40(A); 124.34(A). In short, any decision to
    place Mr. Moore on paid administrative leave, prior to the hearing on the merits, would be void
    as the Commission lacks jurisdiction to do so. Id.

    Once again, I renew the Citys request for an immediate Pre-Hearing Conference so that
    a hearing date can be set.

    Very truly yours,

    Pat

    Patrick Kasson

    DPK/sf
    cc: Jack A. Everson, Mayor (jack.everson.ci.chillicothe.oh.us)
    Sherry Rutherford, Law Director ([email protected])
    Paige J. McMahon, Esq. ([email protected])

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