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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, November 08, 2013 9:57:28 AM
CASE NUMBER: 2013 CV 01972 Docket ID: 18621345
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CRIMINAL DIVISION
HARLEY SHEPHERD, : CASE NO. 2013 CV 01972
Plaintiff, : (JUDGE DENNIS J. ADKINS)
vs. :
MONTGOMERY COUNTY BOARD : ANSWER OF DEFENDANTS
OF COMMISSIONERS, et al., MONTGOMERY COUNTY
: BOARD OF COMMISSIONERS
Defendants. AND JOHN BECKNER TO
: PLAINTIFF’S AMENDED
VERIFIED COMPLAINT
____________________________________________________________________
Now come the Defendants Montgomery County Board of Commissioners and
John Beckner (“Defendants”), and for their Answer to Plaintiff’s Amended Verified
Complaint for Wrongful Discharge with Jury Demand, aver as follows:
1. Defendants admit to the allegations in paragraphs 2, 4, 5, 9, and 10 of Plaintiff’s
Complaint.
2. Defendants deny the allegations contained in paragraphs 1, 3, 6, 13, 14, 15, 16,
17, 18, 19, 20, 21, 22, 23, 25, 26, and 27 of Plaintiff’s Complaint.
3. Defendants are without knowledge to admit to the claim in paragraph 7 of
Plaintiff’s Complaint that “…upon [Plaintiff’s] removal said union failed and
refused to proceed to arbitration, as set forth in the parties’ collective bargaining
agreement, leaving Plaintiff without a remedy to contest his wrongful discharge
other than through an action with this Court” and therefore denies the same.
Defendants admit the remaining allegations contained in paragraph 7.
4. Defendants admit to the allegation in paragraph 11 of Plaintiff’s Complaint that
Plaintiff “removed items brought to the yard by residents for purposes of
recycling.” And that Plaintiff “sold these items to private recycling centers, such
as First Street Recycling and retained the sale proceeds.” Defendants deny any
and all other allegations contained in paragraph 11.
5. Defendants admit only to the allegation in paragraph 12 of Plaintiff’s Complaint
that Plaintiff’s actions “was ongoing for many years.” Defendants deny any and
all other allegations contained in paragraph 12 of Plaintiff’s Complaint.
6. Defendants re-apply the same admissions and denials in paragraphs 1 through 5
above to Plaintiff’s paragraphs 8 and 24 of his Complaint.
7. Defendants deny any and all other allegations not specifically addressed in
Plaintiff’s Complaint.
FIRST DEFENSE
8. Plaintiff fails to state a claim upon which relief can be granted.
9. Based on the facts averred to in Plaintiff’s Complaint, Plaintiff has not stated any
facts or shown any evidence that his termination was a violation of public policy.
10. This is the case either under statutes 2921.05, 2921.41, 2921.42, 2921.43,
2921.45, or under common law.
SECOND DEFENSE
11. This Court lacks subject matter jurisdiction to hear this matter.
12. Plaintiff has failed to exhaust his administrative remedies available under the
Collective Bargaining Agreement between the Union and Defendant,
Montgomery County.
RESERVATION OF DEFENSES
13. These Defendants reserve the right to assert such further defenses as may
become available during the course of the proceedings in this case.
WHEREFORE, the Defendants, Montgomery County Board of Commissioners
and John Beckner, demand judgment in favor of Defendants, that each and every one
of Plaintiff’s requests be denied, that Plaintiff's Amended Verified Complaint be
dismissed, and that judgment be entered in their favor, together with costs of suit.
Respectfully submitted,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
By: s/Jonathan A. Ketter
Jonathan A. Ketter #0084064
Assistant Prosecuting Attorney
301 West Third Street, P.O. Box 972
Dayton, Ohio 45422
Phone: (937) 225-3499
Fax: (937)225-4822
Email: ketterj@mcohio.org
By: s/Todd M. Ahearn
Todd M. Ahearn #0069674
Assistant Prosecuting Attorney
301 West Third Street, P.O. Box 972
Dayton, Ohio 45422
Phone: (937) 496-6870
Fax: (937) 225-4822
Email: ahearnt@mcohio.org
Attorneys for Defendants Montgomery
County Board of Commissioners
and John Beckner
CERTIFICATE OF SERVICE
I hereby certify that on November 8, 2013, the foregoing document was served
on all parties or their counsel of record through the Montgomery County Electronic Filing
System, if they are registered users or, if they are not, by placing a true and correct
copy in the United States mail, postage prepaid, to their address of record.
David M. Duwel
130 W. Second St., Suite 2101
Dayton, Ohio 45402
Counsel for Plaintiff
s/Jonathan A. Ketter
Jonathan A. Ketter (0084064)
Assistant Prosecuting Attorney
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, November 08, 2013 9:57:28 AM CASE NUMBER: 2013 CV 01972 Docket ID: 18621345 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION HARLEY SHEPHERD, : CASE NO. 2013 CV 01972 Plaintiff, : (JUDGE DENNIS J. ADKINS) vs. : MONTGOMERY COUNTY BOARD : ANSWER OF DEFENDANTS OF COMMISSIONERS, et al., MONTGOMERY COUNTY : BOARD OF COMMISSIONERS Defendants. AND JOHN BECKNER TO : PLAINTIFF’S AMENDED VERIFIED COMPLAINT ____________________________________________________________________ Now come the Defendants Montgomery County Board of Commissioners and John Beckner (“Defendants”), and for their Answer to Plaintiff’s Amended Verified Complaint for Wrongful Discharge with Jury Demand, aver as follows: 1. Defendants admit to the allegations in paragraphs 2, 4, 5, 9, and 10 of Plaintiff’s Complaint. 2. Defendants deny the allegations contained in paragraphs 1, 3, 6, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, and 27 of Plaintiff’s Complaint. 3. Defendants are without knowledge to admit to the claim in paragraph 7 of Plaintiff’s Complaint that “…upon [Plaintiff’s] removal said union failed and refused to proceed to arbitration, as set forth in the parties’ collective bargaining agreement, leaving Plaintiff without a remedy to contest his wrongful discharge other than through an action with this Court” and therefore denies the same. Defendants admit the remaining allegations contained in paragraph 7. 4. Defendants admit to the allegation in paragraph 11 of Plaintiff’s Complaint that Plaintiff “removed items brought to the yard by residents for purposes of recycling.” And that Plaintiff “sold these items to private recycling centers, such as First Street Recycling and retained the sale proceeds.” Defendants deny any and all other allegations contained in paragraph 11. 5. Defendants admit only to the allegation in paragraph 12 of Plaintiff’s Complaint that Plaintiff’s actions “was ongoing for many years.” Defendants deny any and all other allegations contained in paragraph 12 of Plaintiff’s Complaint. 6. Defendants re-apply the same admissions and denials in paragraphs 1 through 5 above to Plaintiff’s paragraphs 8 and 24 of his Complaint. 7. Defendants deny any and all other allegations not specifically addressed in Plaintiff’s Complaint. FIRST DEFENSE 8. Plaintiff fails to state a claim upon which relief can be granted. 9. Based on the facts averred to in Plaintiff’s Complaint, Plaintiff has not stated any facts or shown any evidence that his termination was a violation of public policy. 10. This is the case either under statutes 2921.05, 2921.41, 2921.42, 2921.43, 2921.45, or under common law. SECOND DEFENSE 11. This Court lacks subject matter jurisdiction to hear this matter. 12. Plaintiff has failed to exhaust his administrative remedies available under the Collective Bargaining Agreement between the Union and Defendant, Montgomery County. RESERVATION OF DEFENSES 13. These Defendants reserve the right to assert such further defenses as may become available during the course of the proceedings in this case. WHEREFORE, the Defendants, Montgomery County Board of Commissioners and John Beckner, demand judgment in favor of Defendants, that each and every one of Plaintiff’s requests be denied, that Plaintiff's Amended Verified Complaint be dismissed, and that judgment be entered in their favor, together with costs of suit. Respectfully submitted, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY By: s/Jonathan A. Ketter Jonathan A. Ketter #0084064 Assistant Prosecuting Attorney 301 West Third Street, P.O. Box 972 Dayton, Ohio 45422 Phone: (937) 225-3499 Fax: (937)225-4822 Email: ketterj@mcohio.org By: s/Todd M. Ahearn Todd M. Ahearn #0069674 Assistant Prosecuting Attorney 301 West Third Street, P.O. Box 972 Dayton, Ohio 45422 Phone: (937) 496-6870 Fax: (937) 225-4822 Email: ahearnt@mcohio.org Attorneys for Defendants Montgomery County Board of Commissioners and John Beckner CERTIFICATE OF SERVICE I hereby certify that on November 8, 2013, the foregoing document was served on all parties or their counsel of record through the Montgomery County Electronic Filing System, if they are registered users or, if they are not, by placing a true and correct copy in the United States mail, postage prepaid, to their address of record. David M. Duwel 130 W. Second St., Suite 2101 Dayton, Ohio 45402 Counsel for Plaintiff s/Jonathan A. Ketter Jonathan A. Ketter (0084064) Assistant Prosecuting Attorney