July 31, 2014

Elyria
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Appeals court dismisses Elyria worker’s appeal

The 9th District Court of Appeals has ruled on yet another case involving city employee Jim Hoover, who continues to use the court system to dispute discipline handed down to him.

Hoover, formerly assistant superintendent at the city’s water treatment plant, appealed his Aug. 8, 2012, termination to the Civil Service Commission. When it was upheld — Hoover was fired for cutting wires on a piece of equipment housed in a building near the Clark Street water tower while doing unscheduled maintenance May 30, 2012 — Hoover took his case to the Lorain County Common Pleas Court.

That court determined the Civil Service Commission did not consider whether the city followed the disciplinary procedures in the collective bargaining agreement, and it should review the case again. The city appealed that decision to the higher court and the ruling came back in the city’s favor.

Because Hoover did not file his appeal in time, the Court of Appeals ruled a Common Pleas judge didn’t have jurisdiction to hear the case at all.

The appeals court granted the city’s motion to dismiss the case and said future proceedings should he handed by the Civil Service Commission.

Hoover earlier was fired in 2011 for calling part-time employee Lamont Jackson a racially charged name. The city’s Civil Service Commission lowered the discipline to an unpaid suspension. Hoover appealed the decision to Common Pleas Court. It has bounced from the appeals court back to the lower court since.