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Franklin v. Gallia County Health Commissioner3/28/2000
APPEAL from the Franklin County Court of Common Pleas.
This action comes before the court on appeal by the Gallia County Health Commissioner and the Gallia County Board of Health from a December 21, 1998 decision of the Franklin County Court of Common Pleas. That decision held that a civil service job classification plan, created and administered by the Ohio Department of Administrative Services, does not apply to the appellants. Appellants now ask this court to reverse the decision of the trial court and to reinstate the August 7, 1998 decision of the State Personnel Board of Review, which concluded that appellee Dee Franklin's ("Franklin") position with the Gallia County Health District was properly classified. For purposes of this appeal, the following facts are not in dispute.
Franklin was hired by the Gallia County Board of Health ("Board of Health") in April 1991, as a "Public Health Sanitarian in Training" for the Gallia County Health District ("Health District). Two years later, Franklin was promoted to "Public Health Sanitarian 1," and later, in May 1995, was promoted to "Public Health Sanitarian 2."
Franklin is responsible for two programs administered by the Health District. The first is a household sewage disposal program, and the second is a solid and infectious waste program. In connection with the household sewage disposal program, Franklin inspects residential sewage disposal systems to ensure compliance with all applicable building codes. Specifically, Franklin performs residential sewage inspections required in connection with the purchase and sale of residential and commercial property. These inspections include inspections of septic tanks and leach fields, which utilize aerobic tanks and subsurface filters. As a whole, Franklin devotes approximately forty percent of her scheduled work time to the household sewage disposal program.
The next forty percent of Franklin's work time is devoted to the solid and infectious waste program. In connection with the solid waste program, Franklin inspects three landfills in Gallia County, two open and one closed. Franklin collects weekly water samples from the landfills and oversees the monitoring of gas wells at those locations. The remainder of Franklin's work time is devoted to miscellaneous tasks.
In October 1997, Franklin requested a job audit in order to determine the appropriate classification for her position. An audit was performed, and on January 26, 1998, the Department of Administrative Services ("DAS") concluded that Franklin was appropriately classified as a Public Health Sanitarian 2.
On February 13, 1998, Franklin filed an appeal of the DAS decision with the State Personnel Board of Review ("SPBR"). On June 24, 1998, an SPBR administrative law judge issued a decision in which he also found that Franklin was properly classified as a Public Health Sanitarian 2 under the DAS classification plan for county health districts. In his opinion, the administrative law judge analyzed and compared the DAS classification specification for Public Health Sanitarian 2 with the DAS classification specification for Public Health Sanitarian 3. Both specifications were created by the DAS for use by county health districts. Having compared the two, the administrative law judge concluded that Franklin was properly classified as a Public Health Sanitarian 2, as she did not direct an entire environmental health program, and because she did not supervise subordinate personnel.
Franklin subsequently challenged the conclusion of the administrative law judge before the full SPBR. Before the SPBR, Franklin argued that the DAS classification system for county health district
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