YOUNGSTOWN — Police Detective Sgt. Michael R. Cox, passed over for a promotion for lieutenant, filed with the Ohio Supreme Court asking it to compel the city’s Civil Service Commission to rule on his appeal — something it’s refused to do for more than a year.

Cox has made numerous requests during the past year-plus for the commission to make a decision on his objection and has been rebuffed each time, said S. David Worhatch, his attorney. Without a decision from the commission, Cox can’t file an appeal, Worhatch said.

The problem originates with the written test, Worhatch said.

Cox, a Struthers resident, took the police lieutenant’s exam in 2018. During the test, he objected, saying it was based on an outdated examination book, Worhatch said.

The commission certified the results of the test on Aug. 15, 2018, and put William Ward, then a detective sergeant, at the top of the eligibility list for possible promotion to lieutenant. Cox finished third, two points behind Ward.

Mayor Jamael Tito Brown promoted Ward to lieutenant May 14, 2019, and six days later, Cox filed an appeal with the commission “asserting errors and improprieties,” according to the Supreme Court filing. Under the commission’s rules, once an appeal is filed, it has to conduct a hearing, the filing states.

The commission met June 19, 2019, but didn’t schedule a hearing and only addressed Cox’s appeal as a “routine matter on its agenda,” according to the filing submitted by Worhatch.

“Members of the commission merely expressed their opinions regarding the issues raised in Cox’s appeal without entering a final and appealable order,” Worhatch wrote.

Cox appealed June 27, 2019, to the State Personnel Board of Review and on Dec. 9, 2019, an administrative judge recommended the board decline to exercise a review on the grounds that the commission had exclusive jurisdiction over Cox’s case. The state board adopted that recommendation 10 days later.

Worhatch filed a motion May 13 of this year with the commission asking it to make a decision on Cox’s case. That would allow Cox to appeal to a Mahoning County Common Pleas Court judge.

A week later, Worhatch said Jeffrey Moliterno, the city’s senior assistant law director, “told the members of the committee that Cox was entitled to entry of such an order.” But the commission chose instead to investigate the basis of Cox’s motion, Worhatch said.

The commission said June 17 it wouldn’t issue a final order. Eight days later, Worhatch sent a letter to Law Director Jeff Limbian asking him to require the commission to issue such an order by July 1. If Limbian didn’t do so, Worhatch said he’d file with the Supreme Court. Limbian didn’t respond and Worhatch filed with the court.

In the letter to Limbian, Worhatch wrote the commission continues “to bury their heads, collectively, in the sand and hope my client will get discouraged and just go away so they do not have to take up the question of whether their administrator and / or longtime examination author misled them into certifying the results of a promotion examination that likely deprived Sgt. Cox of the promotion he deserved.”

Worhatch is asking the court to compel the commission to issue the order to allow Cox to appeal the decision.

Limbian said: “We are confident the court will resolve this case appropriately.”

dskolnick@tribtoday.com