Supreme Court candidate overturned on appeal, "exceeds authority," in Colerain lawsuit

A long-term resident and employee with the township for over a decade was unceremoniously fired after exhausting his Family Medical Leave. He can finally cash the check - now.

"Unceremoniously" being the key factor.

The Colerain Trustees and Scott Sollman call a last-minute Special Meeting on a Friday afternoon to approve another legal settlement.Photo byWaycross Media, Clip May 2024

An arbitrator determined the township failed to follow policy within their union contract, denying one of few resident-employees his due process rights. Instead of admitting their failures, the trustees opted to pay their law director, Scott Sollman of Schroeder, Maundrell, Barbiere & Powers, tens of thousands in legal fees challenging the arbiter's decision. That attempt to evade compensating the employee for their heavy-handed misconduct, led to an expensive appeal landing in the First District Court of Appeals and award reflecting the continuing denial of the employee's rights.

The arbitrator decided, due to "the township's failure to follow the grievance procedure" the employee should be reinstated with back pay.Photo byClerk of Court, Hamilton County Retrieved May 3, 2024

Supreme Court candidate Meg Shanahan ignored legal precedent, "far exceeding her power," to overturn arbiter's decision.Photo byClerk of Court, Hamilton County Retrieved May 3, 2024

Due to the township authorizing the administrator to enter into a settlement agreement instead of approving the settlement on the record, it appears this was not paid by insurance, like many others. While the taxpayers incur higher premiums with each legal loss, these funds come from the public coffers. The trustees made every effort to conceal the real and punitive damages taxpayers will pay for this snafu by authorizing the administrator to enter into the agreement on their behalf. It appears this is a violation of the Open Meetings Law with the intent to conceal the amount of the settlement from the public.

Supreme Court candidate accepts donation while case pending before her court; Appeals Court rules she "exceeded authority" and reverses casePhoto byPaid for by Shanahan for Ohio

Judge Megan Shanahan, a Republican stalwart currently running for a seat on the Ohio Supreme Court, states on her campaign site, "As a Federalist Society member, Judge Shanahan understands the proper role of the judiciary – interpreting the law, not legislating from the bench." However, per the reversal of her decision, in some cases, she does not comprehend the limits of the judiciary.

The law firm where Sollman serves as a partner made a $1,000 donation to Judge Shanahan's campaign while this case was pending before her court.

The law firm in which Sollman is a partner made a $1,000 donation to OSC candidate Shanahan while he had a case pending before her.Photo byOhio Secretary of State, Retrieved 5/4/2024

However, her peers, including Judge Winkler, a fellow Republican, issued a decision stating she "exceeded her authority" when she reversed the arbitrator's decision and thumbed her nose at the very essence of the few remaining workers' rights laws in Ohio and contrary to case precedent.

Supreme Court candidate, Megan Shanahan, receives polite rebuke for her actions, she "went beyond the scope of the trial court's authority"Photo byClerk of Court, Hamilton County Retrieved May 3, 2024

Back to court it went -

After 3 years of mounting legal fees and unjust financial suffering of the employee's family, the First District Court of Appeals unanimously overturned Judge Megan Shanahan's decision to waive the rights of the employee in favor of her anti-worker agenda. Precedent be damned.

The 1st District Court of Appeals, including Judge Winkler, reversed Republican-endorsed Supreme Court candidate Megan Shanahan.Photo byClerk of Court, Hamilton County Retrieved May 3, 2024

Republican Judge Winkler, along with Marilyn Zayas, Crouse, and Ginger Bock were on the court's panel agreeing with the reversal of the Supreme Court candidate's poor decision.

Today, the township agreed to pay a settlement after financially and emotionally tormenting yet another resident. While the settlement is confidential, round numbers will put the figure at well over 100K. The employee lost 3 years pay and benefits, legal fees, and other damages. It may be closer to a half million due the resident-employee.

The only winner in this type of abuse of the system and the hard-line attitude of our administration is our Law Director, Scott Sollman, who has made hundreds of thousands and earned himself a partnership at his law firm by walking the township into lawsuit after lawsuit.

Many residents hold that the attorney advising the township should not also be paid to represent the township in lawsuits based on that advice. In any other business, this would be considered a conflict of interest, self-dealing.

In Colerain - it's business as usual.

The sums lost could have paid the salaries of 1 -3 police officers.

Last month, the township settled another lawsuit for the violation of a resident's constitutional rights. The township got off cheap - it only cost the township $17,500. After paying legal fees, the remainder of the award was donated to a local non-profit to advance the rights of residents in local government called Colerain Council of Neighborhoods. ( or Here)

At a Friday happy hour meeting, the trustees were unmoved by the waste of money as they secretly approved the settlement while concealing the sum awarded for their misconduct. The law director was likewise at ease. The township Fiscal Officer was not in attendance. He's busy running for county treasurer.