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Ruling supports Campbell in its firing of worker



Published: Sat, August 27, 2011 @ 12:01 a.m.

By Jeanne Starmack

starmack@vindy.com

CAMPBELL

A Mahoning County common pleas court magistrate has ruled that the city can fire a water- plant employee who had obtained a temporary restraining order prohibiting it from doing so.

Magistrate Timothy Welsh issued the decision Friday, which means plant operator Donald Jackson will not be granted a permanent injunction against his firing.

Campbell Mayor Bill VanSuch has said his intent to fire Jackson, who’s the son of 4th-Ward councilman and former city administrator Lew Jackson, is based Jackson’s failing a Civil Service test in March.

The city’s Civil Service Commission recommended in June that VanSuch terminate Jackson, who was hired by former mayor George Krinos last October, because he failed the test.

Jackson argued in his court petition that the Civil Service test was not administered properly. He argued that only a professional examiner can administer a civil service test, according to the city’s home-rule charter. Richard Grocutt, who prepared Campbell’s test, did not administer it. Instead, a member of the city’s Civil Service Commission did.

The city argued back that Jackson is a probationary employee under a union contract, and the mayor has discretion to fire him at will during his one-year probation.

Welsh said in his decision that he finds Jackson’s argument about the test administration “without merit.”

He said the Civil Service Commission is authorized by statute to conduct tests.

He also said that for a court to issue a preliminary injunction, the plaintiff has to show there’s no other remedy of law.

Welsh noted that the American Federation of State, County and Municipal Employees union had filed a grievance about the test administration, which the city denied. AFSCME didn’t pursue the grievance after that, he said.

“The grievance and arbitration procedures provided in a collective bargaining agreement constitute an adequate remedy of law,” he wrote.

He also said Jackson failed to prove he’d be irreparably harmed if he were fired, because if he could prove he was wrongfully terminated he could measure damage in terms of monetary compensation.

Jackson can appeal the decision.


Comments

1soupcity(19 comments)posted 3 years, 3 months ago

Congrats vansuch the ONLY thing you accomplished as mayor was putting another Campbell citezen on the uneploymemt lin mayybe if he #was the son of someone you. Lwould have been. Good lucl karma a,b

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2Stan(9923 comments)posted 3 years, 3 months ago

Is there any test to be qualified to be the mayor of Campbell ? If the water plant employee is doing his job what is the problem ?

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3soupcity(19 comments)posted 3 years, 3 months ago

Problem is his father is running for mayor and krinos hired him... Ask him what it cost to train and certify this guy. It will cost the city another 4 grand minimum to certify another operator... He hasnt missed a day of work in nearly a year and the test was issued illegally. But his wrk ethic doesnt matter just his name does

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4soupcity(19 comments)posted 3 years, 3 months ago

wow just saw that first comment... should have proofed... Congrats vansuch the ONLY thing you accomplished as mayor was putting another Campbell citezen on the unemployment line maybe if he was not the son of someone who has more to offer this city than you ever have or ever will you would not have taken it this far...you truly should be ashamed of yourself, a single father raising 2 children will be unemployed because you don't like his father... karmas a bi*** and hopefully youll be unemployed right with him in November

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5valleyview312(8 comments)posted 3 years, 3 months ago

First the kid couldn't pass a simple civil service test after working in the Plant in a year How would he ever pass a much harder OEPA certification test, so the City saved thousands on an employee that is probably uncertifiable. Second how about the hiring was illegal because of NEPOTISM although Jackson serving in Krinos's Administration had a Husband and wife team the Sarge's Police Chief & Secretary. Then the Father & Son team! Nice I'm sure all the people like me with very qualified sons, daughters and friends sitiing home with college degrees and 1000's in loans for EDUCATION these people are just born and believe they deserve jobs. Funny Dinise as Councilwoman railed against Campbell NEPOTISM now she's the Queen of it!!!! Third lots of people PASSED the test isn't better judgement of the Mayor to hire someone that PASSED the test other than a Counciman's son! Good for you Mayor its hard to stand up for RIGHT!!!

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6michael1757(290 comments)posted 3 years, 3 months ago

It's simple. He got the job because of his father,but when he couldn't pass the test,he lost his job. Well,we've gotten rid of one jackson,now all we need to do is get rid of the other one. Oh,on soupcity's comment about a single father,blah,blah,blah,because you don't like his father is nonsense. He lost his job because he couldn't pass the test. Then to say it wasn't adminstered by a qualified person. I guess it'd be hard to give him a piece of paper & have him write his own name on it,then stand there while he took the test. That's a pretty cheap excuse for failing it. Again simple,if you can't pass the test,you don't get the job. Did this kid even graduate H.S.? Remember,he only got the job because of his father's friendship with krinos,& we know what happened to him. .

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7Traveler(606 comments)posted 3 years, 3 months ago

Why do you hire someone that isnt already certified in the first place

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8campbellcitizen(25 comments)posted 3 years, 3 months ago

All I can say is WOW are you serious! 1st of all the man goes to work every day, doesn't call off,meets all EPA standards, has the Dept supervisor tell the Mayor he doesn't want him let go, he meets all requirements by the state and is going to get fired??????????????
I know some people are not very good at math but no matter how you look at this is doesn't add up! Oh wait yes it does, huh how did that go? What goes around comes around, I remember some councilman saying that, about all this. Here is the best mathmatical equation I can come up with. Father Jackson didn't support Dill, nor Krino's, he kept his job. Krino's resigns, VanSuch moves up fires Jackson, brings Dill back. Thats not enough lets subtract another member of his family from the equation, it doesnt matter who says what or why they want him lets get rid of him.
Lets have a Civil Service Test, administered by someone who openly admits that they didn't have enough tests prepared so he and Dill had to make more (sounds real legit huh, I wonder) whoa wait, that doesn't add up either now does it? You have to pre register to take the test, pay the $20 fee, a few weeks before the tests. So...you know how many people are registered before hand but you run out of the tests????????????? How on earth does that happen????????I don't know but personally, I have to wonder, were all the tests exactly the same? Did they even pertain to Mr. Jackson's job? From what I hear the meter reading exam really had not much about the job itself, just off the wall questions like how many months have 31 days!
Oh thats right, hmmm Hey Mr. Mayor what happened to the new meter reader????? Care to elaborate on that one? Or Hey mr. Mayor who is reading meters now? Did he take or pass the Civil Service Exam???? Be careful on your answers Mr. Mayor. Oh you know what, you'll probably just say "I don't recall"
All I can really say about this whole mess is this is. Donald I'm very ashamed that this city's Mayor has rewarded you for your outstanding job record, your continuance to reside in the city, and to make a living to support your family, with a bunch of Political B.S.and feels he needs to fire you.
To the so called Mayor of this city.....I think you may want to gather up your election signs, you a very misquoted on them "Because I Care" HA! Really Billy, really?????????? You care??? If you do, Do the right thing let Mr. Jackson keep his job. That will prove you care and are not a true politician but human.

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9soupcity(19 comments)posted 3 years, 3 months ago

first of all anyone who ever took a civil service test can tell u they have ZERO to do with the actual job you are in, they are very diverse and sometimes idiotic they are not a very good example of the work that you do. 2nd the employee that was hired off the exams scored very high close to 100 and what do u know 2 months into the job missed work and oh wait arrested for felony cocaine possesion.,, so dont tell me that this test that he failed by 1 point is an example of who is qualified to do this job his hard work ethic and dedication even through all the bs that they put him through should have been proof enough. Politics is politics specially in Campbell

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10southsidedave(4840 comments)posted 3 years, 3 months ago

Is there a test for stupidity?

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11Billybob21(96 comments)posted 3 years, 3 months ago

Very Well said Campbell and Soup. Obviously this Mayor Van Such does not care he outta take those signs down. O wait is that how he is gonna run his campaign and mayor postion nothing but a bunch of lies. No wonder this city can't get ahead when you have people in office that have there own agenda's and could careless of whats better for the city. You gotta give a test to try and get rid of him come on. Mid as well give a test for all the other city employees that got hired with out taking a test. O forgot they have family members that are on council too and are buddies with Mr Van Such its ok if you know him..... I dunno knw about everyone else but i am sick of having a mayor with his own agenda.

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12mrblue(1059 comments)posted 3 years, 3 months ago

Something to also think about.--------under Jack Dill's administration some hiring was done------did they pass a test or because they were friends of Dills, was the test not given? Think about it. Something else to think about----VanSuch brings Dill back as city administrator---why? The people had had enough of Dill and voted him out. Opencar is in the race to split the vote in VanSuch's favor. If VanSuch wins, he will then resign due to health problems and Dill will become mayor. You may as well accept it because Dill is running the city now. VanSuch is clueless. Now, some of you may not agree with my opinion,but that is just how I see things,and again it is an opinion. Campbell politics--very dirty.

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13chiefmac1(6 comments)posted 3 years, 3 months ago

ITS ALL A BUNCH OF BS---WHEN ELECTIONS COME AND ADMINISTRATION GETS VOTED OUT---GET THE MESSAGE YOUR ARE NOT WELCOME HERE ANYMORE---WE DONT WANT TO SEE YOUR FACES---YOU SUCKED UP ENOUGH BENEFITS AND PERS TIME. ALL YOU DID WAS STICK IT TO THE CITIZENS AND THE WORKERS OVER AND OVER AGAIN!!!!!!

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