As expected, Kim Nuesse's fight to regain her job as the city's police chief will continue.
Nuesse has filed an appeal in the 6th District Court of Appeals in Toledo, which asks a three-judge panel to reinstate her as chief.
Her attorney, K. Ronald Bailey, has also filed a stay motion asking the court not to allow Sandusky to fill its chief's position until the three-judge panel rules on Nuesse's reinstatement.
City administrators said last week they will soon begin the search for a new police chief.
"It would be unfair and unjust for the city of Sandusky to permanently fill the position of police chief to thwart Kimberly Nuesse from returning to that position should she prevail in her appeals," Bailey wrote.
"From October 7, 2009, to the present, the city of Sandusky has had an interim police chief filling the job of Kimberly Nuesse. There is no reason for the city of Sandusky to cease from doing so ... until this matter has reached its final adjudication."
It's been more than two years since former city manager Matt Kline removed Nuesse from her position.
Last year the Sandusky Civil Service Commission voted 2-1 to reinstate her, which the city immediately appealed to Erie County Common Pleas Court.
Last month, as part of that appeal, retired Judge James Sherck overturned the civil service commission's decision and removed Nuesse from her position.
Although Sherck ruled in Nuesse's favor on almost every accusation leveled against her, Sherck said the former police chief didn't display "absolute honesty" when it came to dispatch issues.
That was enough to uphold her termination, he said.
Nuesse lied on three occasions when it came to dispatch issues, Sherck concluded:
- Nuesse told city dispatchers they would become county employees in the near future, even though it was decided they would stay city employees.
- Nuesse claimed assistant police chief Charlie Sams went home early on Feb. 28, 2008, but Sams' time sheet, Sams' testimony and other testimony said otherwise.
- Nuesse claimed she didn't order Sams and Lt. Chris Hofacker to tape record a meeting with then-city manager Matt Kline, but Sams' and Hofacker's testimonies said otherwise.
In his appeal, Bailey points out that the alleged lies didn't occur until after her termination.
He also says Nuesse beat all four charges the city leveled against her, which should have led to her reinstatement.
At the outset of her civil service hearing, the city said they fired Nuesse for four reasons: Putting false statements on grant applications; misleading city officials about the dispatch system; failure to cooperate with other law enforcement agencies; and the use of her office for private gain, specifically regarding a parking ticket.
It appears Sherck agreed with Nuesse on all four issues in his written decision.
Sherck called the parking ticket allegation "absurd" and said Nuesse didn't intentionally file false grant statements. Sherck also said she kept a working relationship with other law enforcement agencies.
The city also didn't prove that Nuesse misled city officials about the state of their dispatch system, Sherck wrote.
"The court cannot confirm the validity of the allegation that Nuesse misled city officials into believing the dispatch system was near collapse," he wrote.
Last month, Bailey said since Nuesse beat all four charges and the judge didn't have the right to expand the charges, Nuesse had a good chance of winning an appeal.
"It's a denial of due process," he said at the time.
He seemed equally confident in the motions he filed last week with the Sixth District Court of Appeals.
"Ms. Nuesse has a number of valid grounds to assert on appeal given that this Court has found that the City of Sandusky failed to prove" any of the four charges, Bailey wrote. "Accordingly, there is a very real possibility of the most recent ruling being overturned."