City's lawyers file objections in Nuesse case

SANDUSKY Kim Nuesse's fate could be decided as early as Oct. 7. That's wh
Sandusky Register Staff
May 24, 2010



Kim Nuesse’s fate could be decided as early as Oct. 7.

That’s when the Civil Service Commission will meet to discuss the fired police chief’s case.

 Deb Leslie, the commission’s clerk, said the commission was supposed to meet sometime this week but postponed it to review materials and allow both sets of lawyers to be present.

Leslie said the commission won’t necessarily make a decision Oct. 7, but it could.

Last week, city lawyers Margaret Cannon and Sue Porter filed their objections to K. Ronald Bailey’s objections.


Read the first set of objections HERE.

Read the second set of objections HERE.

Bailey, Nuesse’s lawyer, filed objections last month to hearing officer Judge Joseph Cirigliano’s recommendation, which said Nuesse should not be reinstated. Bailey’s objections said Cirigliano shirked his responsibilities by disregarding almost all of the evidence favorable to Nuesse’s case and allowing Cannon to write at least part of his recommendation.

The city’s response to Bailey’s objections said “none of (his) objections are well founded” and that “the Sandusky Civil Service Commission should accept the hearing officer’s report and recommendations as submitted.”

The city’s lawyers also said they did nothing wrong when Cannon helped the judge write his recommendation.

“The Civil Service Commission rules do not prohibit a hearing officer from asking a party to draft a report, nor is there any Ohio law which prevents such a situation,” the city’s lawyers wrote.

They added that neither the Sandusky Civil Service Commission rules nor Ohio law requires a hearing officer to accept all of a party’s evidence submitted during a hearing.

In the documents, the city’s lawyers repeated their claims that Nuesse was untruthful while testifying and that she had “petty conflicts” with other law enforcement officials such as Erie County prosecutor Kevin Baxter that deterred her from carrying out her duties. They also said she used her office for personal gain by getting free admission into Cedar Point and Soak City and having a parking ticket voided.

The public may attend the Oct. 7 meeting, but no public comments will be allowed.