A classified employee may appeal a layoff, or a displacement that is the result of a layoff, to the state personnel board of review. The appeal shall be filed or postmarked no later than ten days after receipt of the layoff notice or after the date the employee is displaced. In cases involving the laying off of classified employees, the affected employee or appointing authority may appeal the decision of the state personnel board of review to the court of common pleas in accordance with section 119.12 of the Revised Code.
Sekerak v. Fairhill Mental Health Ctr., 495 N.E.2d 14 (Ohio 1986). “) Since jurisdiction of appellant’s appeal is conferred by statute (R.C. 124.328) upon the State Personnel Board of Review, the parties may not, by agreement or otherwise, confer jurisdiction upon the *40 board where it is otherwise lacking.”
State Ex Rel. Connole v. Cleveland Bd. of Educ., 621 N.E.2d 850 (Ohio Ct. App. 8th Dist. 1993). · cites it 2דR.C. 124.328 provides in pertinent part as follows: “An employee may appeal a layoff * * * to the state personnel board of review.”
Huber v. Celebrezze, 471 N.E.2d 181 (Ohio Ct. App. 10th Dist. 1984). · cites it 4ד11(A) (11) specifically exempts assistants to the Attorney General from the classified service. Appellant is such an assistant, appointed pursuant to R.”
Duffy v. Hamilton Cnty. Bd. of Commissioners, 637 N.E.2d 71 (Ohio Ct. App. 1st Dist. 1994). “The appeal shall be filed or postmarked no later than ten days after receipt of the notice of layoff or after the date the employee is displaced.”
State Ex Rel. Moyer v. Montgomery Cnty. Bd. of Commissioners, 656 N.E.2d 1366 (Ohio Ct. App. 2d Dist. 1995). · cites it 3דPursuant to R.C. 124.328, an employee may appeal a layoff—including one that has resulted from the abolishment of his position—to the SPBR.”
State Ex Rel. Blinn v. Ohio Dep't of Admin. Servs., 487 N.E.2d 343 (Ohio Ct. App. 10th Dist. 1984). “R.C. 124.328. An employee who is either laid off or who bumps into a position in a lower classification is also placed on a layoff list, which provides certain rights of reinstatement and reemployment.”
Riddle v. State Pers. Bd. of Review, 534 N.E.2d 874 (Ohio Ct. App. 10th Dist. 1987). “2d 13 ; R.C. 124.328. The board’s action is thus appealable to the common pleas court pursuant to R.”
Ludwig v. Willoughby-Eastlake City Sch. Dist. Bd. of Educ., 461 N.E.2d 919 (Ohio Ct. App. 11th Dist. 1983). · cites it 6דThe court reasoned that employees who are laid off may, pursuant to R.C. 124.328, effective April 4,1982, appeal to the State Personnel Board of Review and, since appeals from orders of the board of review are to be made pursuant to R.”
Singfield v. Akron Metro. Hous. Auth., 266 F. Supp. 2d 728 (N.D. Ohio 2003). · cites it 2דOhio Rev.Code § 124.328. 15 .AMHA did not hire Singfield through an eligibility list.”
State ex rel. Robinson v. Dayton, 2012-Ohio-5800. “{¶ 26} A classified employee may appeal a layoff, or a displacement that is the result of a layoff, to the State personnel board of review, R.C. 124.328, and the State personnel board of review is expressly authorized to hear appeals by classified employees of final decisions…”
State ex rel. Carver v. Hull, 1994 Ohio 449 (Ohio 1994). “Code 124-1-03(D) (appeal ten days after notice of transfer), R.C. 124.328 and Ohio Adm.Code 124-1-03(B) (appeal ten days after layoff), R.”
Pack v. Wilmington, 2014-Ohio-446. “Rather, Pack argues in his notice of appeal that it was a "displacement from the position [of] vehicle operator" and was appealing pursuant to R.C. 124.328. "It is well-established that a party cannot raise new issues or legal theories for the first time on appeal.”
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