Ohio City Loses Drug Case Against Firefighter

DAYTON, Ohio -- City officials are awaiting a final court order after the state Supreme Court decided not hear the city's appeal of an appeals court decision overturning the firing of a firefighter who failed two drug tests.

The high court last week decided it would not hear the appeal of a 2nd District Court Appeals decision, ruling the city's Civil Service Board violated its own rules by never establishing the failed drug tests were properly administered. Whether the city will be forced to rehire the firefighter awaits a final order from a local court.

According to court records, Ronald Royse, a 14-year veteran, tested positive for cocaine in a 2007 random drug test. After counseling and evaluation he returned to the job, but failed a subsequent drug test. He was fired and appealed the action to the Civil Service Board.

At that administrative hearing, the city presented two witnesses, who both stated the results of the tests and how the samples were collected. Neither testified how the tests were done nor how the results were determined by an out-of-state laboratory and medical-review officer.

The board upheld the firing, and Royse appealed that ruling to the Montgomery County Common Pleas Court, which upheld it. Royse then went to the appeals court, which, in a 2-1 decision, ruled the test results were heresay evidence that should not have been considered under state law and the board's own rules and regulations.

At the time, the city used the state's stringent rules of evidence for its administrative hearings. Because the city presented no testimony on the procedures and safeguards of the testing process by those involved, the results fell into the category of inadmissible hearsay, the court ruled.

The city appealed to the state Supreme Court, which initially agreed to hear the appeal, but last week reversed itself without comment.

City Law Director John Danish said between the appeals court decision and the high court appeal, the city changed its regulations involving evidence. Under the new rules, the test results would be considered admissible.

"We adopted a standard (of evidence) that is used in administrative hearings throughout the state. We had several cases pending before the Civil Service Board that we did not want jeopardized by the appeals court ruling," he said.

Danish said the case has been sent back to the common pleas court. Danish said the city is awaiting a final order from that court on the matter.

Copyright 2012 - Dayton Daily News, Ohio

McClatchy-Tribune News Service