Court Dismisses Royse v. Dayton as Improvidently Accepted.

The main issue in this case was whether the Dayton Civil Service Board had to follow the Ohio Rules of Evidence in its hearings.  In this particular case, Ronald Royse, a Dayton firefighter, was terminated for failing a drug test. He challenged the admission of the test results at the administrative hearing before the Dayton Civil Service Board, which admitted the evidence and upheld the firing.  The trial court upheld the decision of the Board , but the Second District Court of Appeals reversed, finding both that the Board had agreed to be governed by the Ohio Rules of Evidence and that the test was inadmissible hearsay.   Read an analysis of the arguments here. During the pendency of the appeal, however, Dayton changed its rule to make it explicit that the Board was not bound by the Ohio Rules of Evidence.  In my post, I wrote, “because of this change, there appeared to be strong sentiment among the justices to dismiss the case as moot or as improvidently allowed,”, and predicted it would be kicked.  On June 13, it was unanimously dismissed as improvidently accepted.  2012-Ohio-2574.


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