Groppe v. City of Cincinnati, Unpublished Decision (12-2-2005)
Groppe v. City of Cincinnati, Unpublished Decision (12-2-2005)
Opinion of the Court
OPINION
{¶ 1} Plaintiff-appellant Karen Groppe appeals from the trial court's order remanding her case to the Cincinnati Civil Service Commission ("CSC"). In her sole assignment of error, Groppe argues that the lower court abused its discretion when it remanded her case and directed the CSC to conduct further factual inquiry into Groppe's job duties during the time between September 24, 1998, and March 2003. For the reasons that follow, we affirm.{¶ 2} In proceedings before the CSC, Groppe had moved for a retroactive job reclassification from Administrative Technician to Administrative Specialist. She claimed that she was entitled to reclassification because she had been performing job duties at the level of Administrative Specialist rather than at her actual job classification of Administrative Technician, from September 24, 1998, until March 2003. Since the position of Administrative Specialist carried a higher salary, Groppe requested back pay and benefits for this four-and-a-half-year period. In support of her claim, Groppe submitted materials for verification to the city staff member investigating her case. Groppe's evidence did not focus solely on the time relevant to her claim. Instead, it referred to positions she had held with the city from 1994 until 2003. After reviewing this evidence, the city staff member issued two reports, neither of which specifically addressed Groppe's job duties between September 24, 1998, and March 2003. In one report, the city staff member stated that it was "not possible to definitely ascertain the level and time frame of work performed by Ms. Groppe for the last nine years * * *." In denying Groppe's request for reclassification, the CSC relied principally on the staff member's reports.
{¶ 3} Pursuant to R.C.
{¶ 4} The common pleas courts and the courts of appeals review administrative appeals under differing standards of review. R.C.
{¶ 5} In this case, the parties do not dispute that the common pleas court had the authority to remand Groppe's case to the CSC for further proceedings. But Groppe asserts that the trial court abused its discretion in this regard, arguing that the remand was a "vain, futile and useless act." According to Groppe, the trial court directed the CSC to perform the same analysis it had previously performed, which, Groppe argues, will produce the same result. She further contends that this court should hold that she prevailed on the merits of her claim before the CSC. These arguments are flawed.
{¶ 6} While this court will not require an act that is vain, futile, or useless, see Cincinnati ex rel. Ritter v. CincinnatiReds, L.L.C. (2002),
{¶ 7} We also take issue with Groppe's assertion that underNash, supra, she was entitled to prevail on the merits of her claim. The present case is distinguishable from Nash. InNash, we affirmed the reclassification of city employees on the basis that the record supported the trial court's holding that the employees at issue had performed work "substantially on the level of Administrative Specialists." Id. at ¶ 19. In this case, the trial court determined that the record was underdeveloped because the CSC had failed to properly investigate Groppe's claim. The staff member reports that the CSC relied upon were a mottled attempt to reconstruct Groppe's job duties during times that were not at all pertinent. Given the lack of relevant evidence in the record, the trial court held that the CSC's denial of Groppe's claim was not supported by the evidence. Upon our own limited review of the record, we find no abuse of discretion in the trial court's holding. And despite Groppe's request that we do so, we may not independently weigh the evidence in the record to determine whether Groppe should have prevailed below. See R.C. 2504.06; Henley,
{¶ 8} For the foregoing reasons, we affirm the decision of the trial court ordering that this case be remanded to the CSC for further proceedings.
Judgment affirmed.
Walsh and Young, JJ., concur.
JAMES E. WALSH and WILLIAM W. YOUNG, JJ., of the Twelfth Appellate District, sitting by assignment in the First Appellate District.
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