Franklin County Court of Appeals Upholds Termination of County Employee For Inappropriate Conduct at Reynoldsburg Tomato Festival.

In July, the Franklin County Court of Appeals affirmed the termination of a county employee for engaging in distasteful and inappropriate behavior towards, and mistreatment of, members of the public while representing the county at the Reynoldsburg Tomato Festival. Maurer v. Franklin County Treasurer, 2008-Ohio-3468 (7/10/08). In particular, evidence showed that, while he had been assigned to staff the county office’s fair booth, he sat in the chairs of the adjacent church booth, played with the children’s toys and then – over their protests -- wiped his hands on the skirts, thighs and calves of the two young women staffing the church booth. The women reported his conduct, which was then investigated. His termination followed a previous one-day suspension and mandatory sexual harassment training for giving a co-worker a candy valentine saying “big boobs.”

Following an investigation of his misconduct, he was informed that it was being recommended that he be terminated because "it has been alleged that you acted and spoke inappropriately and thus sexually harassed two women at the Reynoldsburg Tomato Festival." The letter further informed [the employee] that his conduct violated R.C. 124.34(A) because "it constitutes immoral conduct, discourteous treatment of the public, mistreatment of the public and sexual harassment * * *." His conduct also violated internal office policies. Indeed, “because [his] mistreatment of the public was a major offense in [the office’s] progressive discipline policy that permitted [his] immediate discharge from employment, the court concluded [his] conduct toward [the two young women[ warranted termination of his employment.”

The employee attempted to defend his behavior by arguing that it had been welcomed. In particular, he testified that the women had likewise wiped their hands off on his shorts and laughed when he, in turn, wiped his hands off on their skirts. However, the ALJ from the SPBR found his testimony to be inconsistent and, thus, not as credible as the testimony of the two women.

Insomniacs can read the full decision at http://www.sconet.state.oh.us/rod/docs/pdf/10/2008/2008-ohio-3468.pdf.

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