Court rules against former Board of DD superintendent
The Highland County Press
A local court has again ruled in favor of the Highland County Board of Developmental Disabilities in the latest entry filed after litigation brought by former Board of DD superintendent Charles Biggert, Jr.
According to a final judgment entry dated Sept. 13 in Highland County Common Pleas Court, Judge Rocky Coss upheld earlier decisions filed on June 13, 2012 and Aug. 20, 2012 as part of this week's judgment.
"For reasons set forth in those two decisions, judgment is hereby rendered in favor of (the) defendant-appellee and against (the) plaintiff-appellant on the first and third claims in the complaint," Coss ruled.
"The defendant's termination of the plaintiff's contract as superintendent is hereby affirmed and his (Biggert's) appeal is denied. The court dismisses the third claim as it failed to state a claim and is not a basis for relief. The plaintiff has dismissed his claim as to the breach of contract in the second claim.
"Therefore, it is ordered that (Biggert's) appeal of his termination as superintendent is hereby denied. … Plaintiff is ordered to pay the costs of this action within 30 days of the filing of this entry. Failure to do so may result in the court issuing a citation for contempt of court."
In an Aug. 20 decision, Coss ruled that the termination of Biggert's contract by the Board of DD "was for good cause."
As previously reported by The Highland County Press, 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 regarding the termination of his contract set forth in his complaint are therefore denied."
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The Board of DD voted, 6-0, to terminate Biggert's contract in September 2011.
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.