Assn. of Cleveland Firefighters Local 93 I.A.F.F. v. Cleveland

Citation: 2017 Ohio 6887Docket: 105033

Court: Ohio Court of Appeals; July 20, 2017; Ohio; State Appellate Court

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The judgment of the trial court, which denied the Association of Cleveland Firefighters Local 93 I.A.F.F.'s motion for summary judgment and dismissed its amended complaint, is reversed and remanded for further consideration. Local 93 sought to enjoin the City of Cleveland from implementing noncompetitive examinations for the assistant chief and battalion chief positions, arguing that this process violated the Ohio Constitution and local laws by failing to adhere to a merit-based competitive examination requirement. The City had administered these noncompetitive examinations for the first time in March 2014, involving a resume submission and interview process, which Local 93 contended was improper under relevant legal standards, including Ohio Constitution Article XV, Section 10, R.C. Chapter 124, and Cleveland Civil Service Commission Rules. The court instructed that Local 93’s motion for summary judgment should be evaluated on its merits.

The application period for promotions was established from March 17, 2014, to March 22, 2014. Lucille Ambroz, Secretary of the City’s Civil Service Commission, independently decided to switch from competitive to noncompetitive testing for promotions, claiming this approach allowed for comprehensive vetting of candidates, although she could not justify why competitive testing was impractical. This marked the first instance of noncompetitive testing for promotions in the City’s Division of Fire, which had historically used competitive exams since 1912.

Assistant Safety Director Edward Eckart, lacking firefighting experience, oversaw candidate interviews, which involved 45 minutes of questioning followed by 15 minutes of panel assessment. After interviews, he instructed the fire chief to compile files on the top 15 candidates for selection.

On March 20, 2014, Local 93 filed a complaint, and the trial court permitted the City to continue accepting applications, scheduling a hearing for April 7, 2014. Testimonies were heard regarding the shift from competitive to noncompetitive examinations. Subsequently, the court raised a question about its subject matter jurisdiction, leading to a hearing on April 17, 2014. Both Local 93 and the City contended that the trial court had jurisdiction since the collective bargaining agreement did not address noncompetitive exams.

On April 25, 2014, the trial court ruled it lacked jurisdiction, resulting in the dismissal of Local 93’s claims. Local 93 appealed, and the City cross-appealed. On April 23, 2015, the appellate court reversed the trial court's decision, mandating that the trial court review Local 93's complaint and injunction motions.

While the appeal was ongoing, the City conducted the noncompetitive promotional exam in May 2014, promoting six fire captains to battalion chief positions without any intervention from Local 93 to halt the process.

The trial court granted Local 93's motion for a preliminary injunction, prohibiting the City from administering a noncompetitive examination process for promotions in the fire department, which was first introduced in a March 2014 bulletin. The court recognized Local 93's claim that this bulletin violated Ohio’s Constitution, state and local laws, and the City’s Charter. It analyzed the likelihood of Local 93 prevailing in its declaratory judgment action and found that the City's decision to switch to noncompetitive testing lacked evidentiary support. The court highlighted that neither witness provided convincing justification for abandoning competitive examinations, which are necessary for ensuring merit and fitness as mandated by law.

The potential for irreparable harm to Local 93 was deemed significant, as the lack of competitive testing could undermine the confidence of firefighters in their leadership, directly impacting their safety and the safety of the community. The court noted that decisions made by battalion and assistant chiefs are critical and may involve life-and-death situations.

At the time of the injunction, the City had already promoted six individuals noncompetitively. Following this, Local 93 filed an amended complaint in September 2015, seeking a declaratory judgment, a preliminary injunction, a permanent injunction, and a writ of mandamus, asserting that all promotions must comply with competitive examination processes as dictated by law.

Local 93 sought both preliminary and permanent injunctions against the administration of noncompetitive promotional exams in the fire department, along with a writ of mandamus due to the City's failure to fulfill its legal obligations regarding these examinations. In September 2015, twelve fire captains attempted to intervene in the proceedings but later withdrew their motion. Subsequently, they filed a complaint for a writ of mandamus with the Ohio Supreme Court, asserting their right to require that promotional positions be filled from the top three scores of a competitive exam. They argued that the City had no lawful justification for bypassing this process and requested that the Court order the City to conduct a competitive exam for eligible firefighters and to promote those ranking in the top three, retroactively to the effective dates of the promotions, along with back pay and benefits.

The court noted that for mandamus relief, the relators needed to demonstrate a clear legal right, a clear duty from the City, and the absence of an adequate legal remedy. The relators’ challenge mirrored Local 93’s complaint, seeking reinstatement of the competitive exam process. However, in August 2016, the court dismissed their writ, determining that they had adequate legal recourse through intervention in Local 93's action. In March 2016, both Local 93 and the City filed motions for summary judgment, with the City not opposing Local 93's motion. Following the submission of briefs and evidence, the trial court dismissed the action in September 2016, noting that Local 93 did not reference key elements related to the noncompetitive exams, including their announcement, administration, and the expiration of promotional lists derived from them.

The amended complaint seeks a court declaration that all past and future vacancies in promoted ranks within the Division of Fire must be filled through competitive examination, explicitly prohibiting noncompetitive examinations. However, the court finds that Local 93's arguments do not align with the claims in their amended complaint, particularly as the evidence pertains solely to a March 14, 2014 bulletin and subsequent noncompetitive promotions. The court determines it cannot rule that all vacancies must be filled competitively, nor can it prohibit noncompetitive examinations, given that the promotional lists from these processes have expired and cannot be undone.

Local 93 filed its amended complaint post an August 6, 2015 court order, indicating an opportunity to clarify its claims. Since the evidence does not support the relief sought, the court denies the motions for summary judgment and dismisses all remaining counts in the amended complaint, finding no justiciable controversy. Local 93 subsequently appeals, arguing that the March 2014 bulletin violates constitutional and statutory provisions mandating competitive exams for promotions, thus claiming the trial court erred in its rulings. The summary highlights the purpose of Ohio’s civil service laws, which aim to establish a merit-based system for public service appointments and promotions, safeguarding against discrimination and ensuring fairness.

Article XV, Section 10 of the Ohio Constitution mandates that appointments and promotions within state civil service systems must be based on merit and fitness, determined through competitive examinations, and that enforcement laws must be established. R.C. 124.45 outlines that promotional examinations for fire department positions must be competitive and relate directly to the responsibilities of the roles, including written tests and possibly practical demonstrations for positions requiring operation of machinery. Cleveland Charter Section 128 requires the Civil Service Commission to standardize and classify positions, ensure open competitive tests for appointments, and base promotions on competitive tests along with evaluations of efficiency, character, conduct, and seniority. 

Section 4.60 of the City’s Civil Service Rules indicates that non-competitive exams are exceptions and only applicable for positions with unique qualifications. Section 4.70 states that promotional exams should match the nature and standards of open competitive examinations. A competitive examination is objectively standardized and open to all eligible candidates, while a non-competitive examination allows the authority to select candidates at will. The Ohio Supreme Court has emphasized that most civil service appointments and promotions must rely on competitive examinations, allowing civil service commissions discretion in testing methods but not permitting them to eliminate competitive testing when required by city charter.

Local 93 contends that the City must utilize a competitive examination for promotions within the Division of Fire, as mandated by the Ohio Constitution, R.C. Chapter 124, Cleveland Charter Section 128, and Cleveland Civil Service Commission Rules 4.60 and 4.70. They argue that the March 2014 bulletin contravenes these legal requirements. However, the trial court dismissed the amended complaint without addressing the merits of Local 93’s summary judgment motion, concluding there was no justiciable issue since the positions had already been filled via a noncompetitive process. The court asserted that Local 93's arguments did not align with the relief sought in the amended complaint and noted a failure to reference the March 2014 bulletin therein. Local 93’s amended complaint, however, does reference the bulletin multiple times, asserting that it violates state and local law and that all vacancies in the promoted ranks must be filled through competitive examination. The complaint seeks a declaratory judgment affirming this requirement for current and future vacancies. The trial court also indicated that a justiciable issue exists since the eligibility lists have expired, allowing the City to revert to the noncompetitive process. Furthermore, in a prior ruling, the trial court had assessed the merits of Local 93's complaint, highlighting the absence of evidence from the City justifying the bypass of competitive examinations, and underscored the potential for irreparable harm due to the implications of noncompetitive testing on firefighter safety and community protection.

The trial court erred by dismissing Local 93’s amended complaint without evaluating the merits of its motion for summary judgment, as required by Civ.R. 56. Appellate courts cannot rectify such procedural defects by reviewing the record independently. The record indicates that the City’s use of a noncompetitive examination may violate the Ohio Constitution, state and local law, and the City’s Charter. Consequently, the first and second assignments of error are sustained. The appellate court reverses the trial court’s judgment and remands the case for the trial court to consider the merits of Local 93’s motion for summary judgment. Appellant is awarded costs, and a special mandate is issued for the common pleas court to execute this judgment. Both parties acknowledged during oral arguments that they were not contesting the positions filled by the City’s noncompetitive examination process.