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No appeal in case of fired worker

Published: Wed, September 21, 2011 @ 12:00 a.m.

By jeanne starmack



A city water-plant worker who went to court to stop his firing did not appeal a magistrate’s decision that he didn’t have sufficient grounds for his case.

Donald Jackson, son of 4th Ward council member and mayoral candidate Lew Jackson, was terminated Friday from his position as a plant operator, said Mayor Bill VanSuch.

Jackson was hired almost a year ago to fill that position. The city did not have an eligibility list ready at the time to fill the civil-service position.

Jackson was told by then-mayor George Krinos that he would have to take a civil- service test for the position, which he took in March and failed.

The city’s civil service commission recommended in June that Mayor Bill VanSuch terminate Jackson because he failed the test, but Jackson filed for and won a temporary restraining order from the Mahoning County common pleas court. He asked for a permanent injunction against the city’s firing him based on the civil service test, which he argued was improperly administered.

But Magistrate Timothy Welsh issued a decision Aug. 26 that the test was properly administered and the court had no reason to intervene.

Judge R. Scott Krichbaum signed Welsh’s decision, and it was filed Monday after a deadline passed with no appeal.

The city had asked the Ohio Supreme Court to stop the common pleas court from intervening in the situation, arguing that Jackson is a temporary worker with a one-year probationary period under a union contract, and the city has a right to fire him during that probationary period.

City law director Mark Kolmacic said that since Judge Krichbaum signed the decision, the Supreme Court action would be moot.

VanSuch has said that if he did not terminate Jackson, he would leave the city open to legal action from candidates who did pass the March civil-service test.


1chiefmac1(6 comments)posted 3 years, 11 months ago

Yes good point law director, not! Maybe if it was your son-in-law you would stand up for jackson like you did him, even after he wrecked city truck, called off as much as he wanted, took a so called f,.m.l.a. for god knows what, because he was in worse condition when he came back to work after 3 months, i can go on and on. administration sure did try and help him when employees were suffering, but soon as they felt slighted the hammer came down. they just dont care if your a good worker, it pays to be irresposbile. jackson should have called off at least once a week, used drugs and came late all the time, i bet you he would still be employeed by the city

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2soupcity(19 comments)posted 3 years, 11 months ago

Amazing that he gets fired when he has done his job for 30 days shy of a year with praises from his boss and fellow employees , Never missed a day of work in nearly a year, and came in to help out whenever necessary. Great job Bill fire the employee who comes in and does what is needed above and beyond but keep an employee who openly runs to the media bragging about how he pays someone 40.00 an hour out of his own pocket because he does not know how to perform a duty that is necessary in his position... WHO HIRES A FINANCE DIRECTOR THAT DOESN'T KNOW HOW TO RECONCILE BOOKS??? oh yea your boy Jack Dill!!! reall good... I guess when you were on council you should have let Krinos terminate him like he said , the man has no clue how to run that position... and you wonder why we can't get out of fiscal emergency... If I brought someone to my job and paid him to do my work out of pocket I would be out on my ear! But wait he doesnt need to take a civil service exam so you have no real way to get rid of him...your a joke! Give the citizens somemore of your great car salesman bull about how much you care about this town...step down if you give a crap about this city, you are truly a hypocrite and stand for nothing more than being a playground bully... How u sleep at night is beyond me!

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