Tuesday, April 20, 1999
City loses appeal of ruling on fire captains
Cincinnati owes $88,750 in fines
BY PERRY BROTHERS
The Cincinnati Enquirer
Cincinnati faces at least $88,750 in court fines for failing to deliver court-ordered back pay to several firefighters who successfully sued the city in 1995.
The Court of Appeals for Ohio's 1st Appellate District last week upheld a 1998 contempt charge that ordered the city to deliver the back pay and pension or face fines.
The appellate court ruling leaves the city with two options: pay the back pay and fines or appeal to the Ohio Supreme Court. City officials were unavailable for comment Monday.
“It merely reaffirms what the trial court held all along,” said H. Toby Schisler III of Schwartz, Manes & Ruby, the firm representing the firefighters.
At the center of the initial lawsuit were four Cincinnati fire captains who claimed they were wrongly deprived of promotions. Other firefighters of different ranks joined the suit.
Eventually, under Hamilton County Common Pleas Court order, the city promoted all but one — Capt. Randall Freel — which is another basis of the contempt charges.
The initial suit claimed that four district chief positions were vacant because the city did not follow proper civil service guidelines to abolish the jobs, according to the lawsuit. Because the four positions were not properly eliminated, the captains said they should be promoted.
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