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Issue: WHETHER AN OHIO EMPLOYEE’S TERMINATION VIOLATED HIS CONSTITUTIONALLY PROTECTED RIGHTS.
| Area of Law: | Constitutional Law, Employee Law |
| Keywords: | Dismissals based on political patronage; Policy-makers or confidential employees |
| Jurisdiction: | Ohio |
| Cited Cases: | 445 U.S. 507; 927 F.2d 909; 427 U.S. 347 |
| Cited Statutes: | None |
| Date: | 11/01/2000 |
tc l2 "II. EDWARDS= TERMINATION VIOLATED HIS CONSTITUTIONALLY PROTECTED RIGHTS.
Dismissals based on political patronage are acceptable for employees who fill policy-making or confidential governmental positions. See TA s "Branti v. Finkel, 445 U.S. 507, 517 (1980)" c 1 l "Branti v. Finkel, 445 U.S. 507 (1980)"Branti v. Finkel, 445 U.S. 507, 517 (1980); TA s "Elrod v. Burns, 427 U.S. 347, 367 (1976)" c 1 l "Elrod v. Burns, 427 U.S. 347 (1976)"Elrod v. Burns, 427 U.S. 347, 367 (1976). It is Defendants’ burden to prove that there is a justifiable political patronage reason for dismissing Plaintiffs and, in cases of doubt, this determination must be resolved in favor of Plaintiffs. TA s "Elrod v. Burns, 427 U.S. 347, 367 (1976)" c 1Elrod, 427 U.S. at 368.
Different cases have found various different types of government employees to be “policy-makers” or “confidential employees” who are therefore not protected from patronage dismissals. For example, in TA s "Faughender v. City of North Olmstead, Ohio, 927 F.2d" c 1 l "Faughender v. City of North Olmstead, Ohio, 927 F.2d 909 (6th Cir. 1991)"Faughender v. City of North Olmstead, Ohio, 927 F.2d 909, 913-14 (6th Cir. 1991), the Sixth Circuit determined that a secretary to a mayor was not protected from patronage dismissals.
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