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JOHNNY PERNELL Plaintiff-Appellant
vs.
MONTGOMERY COUNTY BOARD OF COMMISSIONERS Defendant-Appellee
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Issues:
Public employees, policy and procedure, refusal, reasonable suspicion
Case Summary:
Johnny Pernell, a former Montgomery County employee, appeals a lower court's decision that upholds his dismissal. Pernell was terminated by the Ohio State Personnel Board for refusing to submit to a drug test and for falsifying time-keeping records. Pernell claims that the two incidents reviewed by the board and the court should be treated as separate episodes. Pernell also argues that the order for the drug test was unlawful.
Decision of lower jurisdiction:
A Montgomery County court ruled that Pernell was terminated for cause. The court determined the order to submit to the drug screen was lawful and noted that either incident was serious enough to cause Pernell's dismissal.
Outcome:
Pernell loses. The Ohio Court of Appeals for the 2