Court to consider if further evidence to be submitted in Biggert civil case
Attorneys in the civil case of the former superintendent of the Highland County Board of Developmental Disabilities will submit memoranda on whether or not the court should consider any additional evidence in a wrongful termination suit, or if evidence submitted during a two-day hearing in December is sufficient.
Former Superintendent Chuck Biggert filed the lawsuit against the Highland County Board of Developmental Disabilities and Hills and Dales Training Center in Highland County Common Pleas Court in February, asking for a jury trial and that he be awarded more than $25,000 in damages. He also claims that he is “entitled to reinstatement to his position as superintendent for at least one additional year.” Biggert’s employment contract was terminated in a 5-0 vote by the board in October following allegations that he bullied and intimidated employees.
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.
On Thursday in Highland County Common Pleas Court, a status hearing with attorneys representing the board and Biggert was held in judge's chambers. Following that meeting, Coss wrote the scheduling order, which was filed by the Highland County Clerk of Courts on Monday.
According to the order written by Coss, "the appeal of the termination is a special proceeding (as stated in the Ohio Revised Code) and is to proceed without delay. The claim for unpaid leave is a legal claim not directly related to the issue of the lawfulness of the termination and is a matter of law to be determined by the court, not a jury."
Coss severed the second count in the complaint, regarding the payment of his accumulated leave, and said that it will be scheduled for a trial by jury "by a separate scheduling order. The court order that the parties submit memoranda on whether any additional evidentiary hearing should be held by the court by April 27." Following that date, the court will issue a scheduling order on the other claims.
Attorney Aaron Glasgow is representing the board during these proceedings. The board had previously been represented by attorney Jim Hughes.
Biggert is represented by attorney Samuel Lillard.
Glasgow told The Highland County Press on Monday that, "Basically, the law is that (Coss) can look at the record with what the referee did and determine if there is enough evidence to support the referee's decision. But, he also has the option to look at new evidence. That is what the memoranda will be for, for the court to determine if it will look at more evidence, or even entertain to look at more evidence."
Glasgow said that it is their position that after the two days of testimony at the hearing, there is enough evidence to support the decision, and they will ask the court proceed without considering further evidence.
The court entry also included the following schedule:
• May 1 - Initial identification of witnesses by both parties, including experts.
• June 8 - Supplementary to witness list by both parities.
• July 10 - Discovery cut-off, which includes all depositions taken, including depositions of experts for use in trial; dispositive motion cut-off; mediation date, to be arranged by counsel.
• July 31, 11 a.m. - Final Pretrial.
• Aug. 20, 2:30 p.m. - Trial date.