Court rules against Biggert

The Highland County Common Pleas Court has ruled against former Highland County Board of Developmental Disabilities superintendent Chuck Biggert in his case against the Board of DD.

In an Aug. 20 decision, the Hon. Judge Rocky Coss ruled that the termination of Biggert's contract by the Board of DD "was for good cause."

The judge further stated that the court "finds the evidence would have supported a finding that (Biggert) was insubordinate, which is also grounds for termination. All claims of the plaintiff (Biggert) regarding the termination of his contract set forth in his complaint are therefore denied."

In the plaintiff's response to allegations of insubordination, Biggert's counsel said Board of DD president Linda Allen "was one of Mr. Biggert's biggest supporters on the board all the way up (sic) until his termination. In fact, in an email to Mr. Biggert dated July 13, 2011, Ms. Allen stated: 'I'm sorry again for not being more aggressive with Sam (Snyder), Gary (Boatman) and Sherry (Morrision) and the (county) commissioners. It was more than I could handle. I really should not be president. I was not even able to convince them why we should renew your contract. I'm sorry. It should never have turned out this way." 

The Board of DD voted, 6-0, to terminate Biggert's contract in September 2011. Board President Linda Allen told The Highland County Press that her July 13, 2011 e-mail to Biggert was one final effort to get him to resign. That portion of the e-mail, she said, was taken out of context of the entire correspondence.

Shortly thereafter, Allen and the board voted to terminate the superintendent's contract.

Biggert had filed a civil complaint with the court in February 2012, which was both an administrative appeal of the termination of his contract and additional claims for breach of contract as to the payment of his unused vacation, sick and personal leave.

In April, the court severed the two issues, with the court to decide the issues regarding the administrative appeal, and the claims on unpaid leave to be decided during a trial.

On Aug. 20, Judge Coss wrote that "the parties notified the court that the (unused vacation claim) had been settled. The parties are ordered to file a notice of settlement and dismissal of that claim by Sept. 10, 2012. If such notice is not filed, the court will dismiss that claim."

Following his termination by the Board of DD last October, Biggert requested a hearing before a referee on his dismissal, saying that it was without cause.

Following a two-day hearing in December, in which Board of DD employees, county elected officials, and Biggert testified, referee Monica Bohlen issued a report that found the board’s action to terminate Biggert was justified.

Judge Coss found the termination was in compliance with R.C. 5126.23.

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In December 2011, a referee appointed to make a determination and recommendation on an allegation that the Highland County Board of Developmental Disabilities terminated Biggert without just cause, ruled in favor of the board, saying that, "In 2011, Mr. Biggert's conduct deteriorated," and that his explanation of the events were "not credible."

Monica Bohlen was appointed to oversee the two-day hearing, held Dec. 8-9 in the basement of the Highland County Administration Building.

Biggert requested the hearing following the board's termination of his contract in October. He was represented by attorney Samuel Lillard.

Bohlen said that she found some of Biggert's explanations of the allegations against him were, "not credible."

The referee wrote in sections titled "violation of board directives:" "bullying-intimidation;" "vendetta;" and "dishonesty;" regarding the allegations against Biggert.

"Mr. Biggert was not credible in his response to the allegations. There was much testimony about his dishonesty both involving the above allegations and on other matters that were tangential to these proceedings," she wrote.

"Mr. Biggert’s management style lacked integrity. He was perceived by staff as not being trustworthy, not treating staff fairly, using his position for his own advancement. His lack of trustworthiness affected the health of the organization. Mr. Biggert’s management style affected client services in other ways."

Biggert claimed that the termination was invalid because he did not receive notice of his termination in accordance with the terms of his contract, and that the board proceeded with a pre-disciplinary conference without giving him the chance to be present and respond to allegations.

Bohlen concluded that, "Termination of superintendent contracts are governed by §5126.23 (B). According to §5126.23(B), a superintendent of a county board of developmental disabilities may be removed, suspended, or demoted in accordance with this section for violation of written rules set forth by the board or for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or other acts of misfeasance, malfeasance, or nonfeasance. §5 126.23 (B) also outlines the procedural requirements including that the board shall furnish the superintendent in writing of the charges against the employee."