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Davis v. Marion County Engineer
Citations: 60 Ohio St. 3d 53; 573 N.E.2d 51; 1991 Ohio LEXIS 1180Docket: No. 90-561
Court: Ohio Supreme Court; May 29, 1991; Ohio; State Supreme Court
The court addresses a novel issue regarding the ability of public employees to withdraw their prospective resignations before the effective date. It reverses the court of appeals' decision and reinstates the order of the Public Board of Review (PBR). Previous Ohio case law is limited, notably the 1913 case of *State, ex rel. Orr v. Cleveland Bd. of Edn.*, which suggested that a resignation cannot be withdrawn without the accepting party's consent. However, this case predates Ohio's civil service laws, which established distinct rights for public employees. In contrast, the court references the 1934 case *State, ex rel. Staley v. Lakewood*, where it was determined that a public employee could withdraw a resignation before its effective date as they had not actually left their position. This was supported by *Babbitt v. Shade* (1938), which upheld the right to withdraw a resignation even against the appointing authority's wishes. Conversely, *State, ex rel. Kraft v. Massillon* (1951) established that once a public employee has relinquished their position, a withdrawal is invalid due to reliance by the employer. The court concludes that while existing cases like *Staley* and *Babbitt* offer guidance, there is a need for a more equitable legal standard that balances the interests of both public employers and employees regarding resignation withdrawals. The legal effectiveness of a public employee's withdrawal of resignation prior to its effective date hinges on the manner of acceptance by the employer. Acceptance must be more than mere receipt of the resignation letter; it should be in writing and involve an affirmative act from someone authorized by the public employer. Without such acceptance, the employee can withdraw their resignation. While written documentation is preferred for clarity, oral acceptance, withdrawal, or tender of resignation is permissible but requires clear and convincing evidence to be deemed valid. It is established that a public employee can rescind their resignation anytime before it is formally accepted. In the current case, the Public Board of Review (PBR) correctly determined that the plaintiff's withdrawal was timely, supported by substantial evidence, and in accordance with the law. The appellate court's reversal of the PBR's order was erroneous, leading to the reinstatement of the PBR’s order, with the judgment of the court of appeals reversed.