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Legal Memorandum: Termination based on Political Patronage

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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