Last month in State v. Hill, 2015-Ohio-1456, the Ohio Supreme Court had the opportunity to review Ohio’s photo lineup procedure. R.C. 2933.83, effective July 2010, governs the administration of photo and live lineups and is aimed at preventing the use of …

The Ohio Supreme Court agreed to hear whether Olentangy Local School District violated Ohio’s Sunshine Law. In April 2013, Adam White filed an action against fellow school board members alleging violations of the Ohio Open Meetings Act when school board …

Ahh, the joys of public service. Having a lower salary than your private sector counterparts? Check. Regularly hearing “I pay your salary!” from random people? Check. And now, if a union leader wants your name to give to his angry …

A political subdivision’s ability to prohibit firearms is limited.  Everyone knows the Ohio Constitution makes clear “the people have the right to bear arms for their defense and security.”   Likewise, R.C. 9.68 states that unless “specifically provided by the United …

In October, 2014, the Ohio Supreme Court issued a decision defining the obligations of Ohio counties with respect to the maintenance of bridges on non-county roads serving a limited number of properties. In The City of Independence v. Office of …

I’m a supporter of the appropriate use of the doctrine of “overbroad,” which is one of the possible responses a public office can offer when a large or unwieldy public records request is made. In fact, I was one of …

Isaac Wiles recently obtained a victory from the United States Court of Appeals for the Sixth Circuit on behalf of a government employer who had two former volunteers who attempted to claim they were employees. In Sister Michael Marie et …

Last week, in State v. Hoffman, 2014-Ohio-4795, the Ohio Supreme Court found the manner in which the Toledo Municipal Court issued arrest warrants “seriously disturbing.”   The Supreme Court admonished the municipal court because the misdemeanor warrants were issued without a probable cause …

Whether or not an employee is covered under the Family Medical Leave Act (“FMLA”) is an important consideration for all employers, both public and private. For public employers, the Act can have far reaching concerns as certain public employees may …

The EEOC has issued guidance on pregnancy discrimination that broadens protections for workers and risks for untutored employers. The EEOC states in that guidance that: The fact that the PDA covers not only current pregnancy, but discrimination based on past …

Public Records Update – In a case of first impression, the Twelfth District Court of Appeals found a cruiser camera video and impaired driver report were excluded from the definition of public records because they fell “squarely within the statutory …

Last month, the United States Supreme Court established a bright line rule for police officers.   If you want to search a cellphone incident to an arrest – get a warrant.  In Riley v. California, the Court held the police, generally may …