Judge orders city to give cop job back

A local judge chastised Sandusky officials for not “properly terminating” a part-time police officer.
Andy Ouriel
Oct 10, 2013
Erie County Common Pleas Court Judge Tygh Tone determined Ross Glovinsky is entitled to receive his job back, as wellas obtaining back pay for the period he was unemployed.

Sandusky city manager Nicole Ard fired Glovinsky from his $12-an-hour police officer job in April 2012, after learning of his troubled past.

In January 2011, Glovinsky was driving a vehicle involved in a two-vehicle crash in Lorain County, according to Ohio State Highway Patrol records. Court records show Glovinsky was originally charged with operating a vehicle under the influence, but it was later reduced to reckless operation.

A Highway Patrol trooper failed to administer a breathalyzer test on Glovinsky at the scene, and the trooper also didn’t obtain blood or urine samples from Glovinsky after he was taken to the hospital. These would have been standard practices for law enforcement handling an alleged drunken driving incident.

At the time, Glovinsky worked as a part-time Perkins police officer.

About two months after the crash, Glovinsky pleaded no contest in Oberlin Municipal Court to reckless operation. He received a 30-day jail sentence, which was suspended, and he was ordered to pay about $580 in fines and court fees.

His driver’s license was also suspended for a year, although he was granted work privileges, according to court documents.

Upon learning this information, Ard fired Glovinsky, even as Sandusky police commanders had been encouraging him to apply for a full-time officer’s position.

This past week, Tone said the city must rehire Glovinsky.

“While the city manager sent a letter to Mr. Glovinsky stating that such termination was due to a suspension of his driver’s license for one year due to a traffic violation, such reason was not related to his performance since the traffic violation occurred prior to his probationary period and was not concealed from his employer,” Tone stated in his ruling.

About a year ago, Glovinsky landed a job as a part-time Huron police officer, where he still works today.

His income from Huron over the past year could offset the amount of money Sandusky must reimburse him for back pay during his termination period.

“He’s a good employee,” Huron police Chief Robert Lippert said.

Glovinsky’s attorney did not respond to a reporter’s email seeking comment.

Comments

FredDoobler

Is this guy related to former Huron police chief Randy Glovinsky?

Julie R.

Of course Tone would rule this way ---- Glovinsky's daddy is a member of corrupt Erie County's GOB club.

JohnDorian12

Julie R if you'd stop whining about corruption long enough to look at the facts, Ard completely over stepped her boundry on this....this was something they already knew about and she just decided one day that he had to go...then she hires a FEMALE who lied about using heroin....she's lost it AGAIN

sandtown born a...

Exactly good comment

sandtown born a...

Where do they find these people for these positions?? Dummies for hire??? Just keep wasting more and more taxpayer dollars!

Darkhorse

What legal loop hole brought this guy back and why didn't the State Patrol properly do its job in following procedures with the proper testing? No documentation at all and no wonder they threw the case out. The patrolman should get a suspension for not following procedure or was he protecting as one cop to another?

Julie R.

"Tone "chastised" Sandusky city officials for not "properly terminating" a part-time police officer."

That sure does sounds familar. Wasn't there another Sandusky cop that got his job back not too long ago because the city's out-of-town attorney supposedly failed to send copies of what he filed to the attorneys on the other side? Didn't the attorney claim he thought the employees in the Clerk of Court's sent them out? Didn't Binette "chastise" the attorney saying it was "unethical" of him to blame the employees in the clerk's office?

All I can say for that is ---- when one files anything with the Clerk of Court's office there either has to be a Certificate of Service filed with it showing the attorney has sent copies to all parties or else the attorney has to file instructions for the clerk's office to send them out ....... and the city's hand-picked out-of-town attorney didn't know that? (yeah, right)

As an afterthought, Nicole Ard isn't an attorney. I find it real hard to believe that before firing Glovinsky, she did not confer with the city law director, Don Iscman. So why is Tone crucifying Ard?

DickTracey

All blame falls on Don Iscman. Period.

They are not going to fire someone without seeking legal counsel, especially when everyone, especially the Register is watching you!

Why was there no comments from the city's attorney ? Why did he allow the city to look like fools? (again)

sandusky2012

well the city has to appeal this to the appellant courts like they did with nussee? Why do these clowns give a reason to terminate after all Ohio is an employment at will state....

sandusky2012

well the city has to appeal this to the appellant courts like they did with nussee? Why do these clowns give a reason to terminate after all Ohio is an employment at will state....

SamAdams

I have to agree with Dick Tracey. There aren't too many possibilities here:

1. Nicole Ard is incompetent. But a competent Law Director goes a long way to keep an incompetent City Manager within the boundaries of the law!

2. Don Iscman is incompetent. A knowledgeable City Manager could compensate for that, at least in many ways.

or

3. The City Manager AND the Law Director are unqualified, incompetent, or just can't be bothered, NONE of which bode for the City.

Sadly, given the numerous lawsuits, the lack of public communication, the incessant personnel "mistakes," the inability to make a decision without deciding to pay for yet ANOTHER study, infighting in the Commission, etc., I'm inclined to go with Option #3 here.

pavedparadise

SamAdams.

There is a 4th option. The City Commission, the City Manager and City Law Director are all incompetent in that order. Why else would we still have an employed City Manager that couldn't manage her way out of a paper bag with holes in both ends.

Matt Westerhold

Thanks for the comment SamAdams. Here's another possibility you did not mention: 

4. The current city manager did not fully consult with the law director or the attorney who represents the city on labor issues and is therefore might be solely responsible for the mistakes made in this current situation.

If I'm recalling it correctly, law director Don Icsman has a pretty good record regarding labor issues and terminations from when he was the acting city manager. The SR news team will seek the data to report the costs of those actions from his two-year tenure in that role and contrast it with the costs and results since the start of 2012, when the current city manager took over.

DickTracey

Matt, let's say your 4.) hypothetical is correct.

At the point Iscman finds out about the firing, he should have immediately gone to Ard and voiced his concerns and try to rectify the problems. If that did not happen, then, Iscman just hung Ard out to dry. In turn costing the city more money and more legal problems.

These wrongful firings go back further than Neusse, as far back as the Mulvin settlement, that cost the city.

The common denominator is ISCMAN.

SamAdams

Good point. But while that, if you're correct, goes into the pile of evidence that Ard is incompetent, it also shows that the City's Law Director doesn't know things he SHOULD know. You don't fire an employee in a vacuum. How could he NOT have known? If he did, how could he NOT have gone to Ard and said, "WTH?" And if he didn't? Yep, he's incompetent, too.

DickTracey

...or setting her up.

Matt Westerhold

Thanks DickTracey and SamAdams. You perhaps know more about the relationship that's developed between the the city's law director and the city manager, but I think there's a possibility you are making assumptions that are incorrect. 

SamAdams

No, I have no idea as to what relationship the two do or don't have. I'm merely pointing out that, at a minimum, ONE of them isn't doing a very good job. If somebody else wants to suggest that NEITHER are doing a good job, or that an incompetent and appallingly political City Commission isn't doing its job, either, well, I'm not going to fight with you!

2Timothy1-7

You ought to include the Nuesse termination to Icsman as he served as Law Director through out that process and Acting City Manager for the majority of that process. The fact is if Icsman isn't reviewing every termination prior to actions by the City Manager he is failing the City. Every contract and action with legal significance should be run by the law director and if it is not, he ought to alert the City Commission immediately.

In my opinion he is the major reason the City of Sandusky has unending legal drama. The City Commission should have terminated him long ago and hired competent legal counsel.

DickTracey

Umm, Timothy, isn't that what I said above, in five words?

The common denominator is ISCMAN .

2Timothy1-7

Actually, Dick, you raised a piece of the argument in far more than five words; but didn't make the inductive step to the premise that ICSMAN is incompetent in his duties as law director.

Nevertheless, we agree: ICSMAN is the common denominator on all City Commission problems dating back to his hiring.

Erie County Resident

He is Hurons problem now. Let them deal with him from here out.

Julie R.

If Ard is incompetent for what the court called a wrongful termination, then just add her name on to the list. Without even mentioning Nuesse, what about the former auditor Tom Paul who fired a long-time employee for no reason and then hired a county commissioner's wife to take her place? Considering how the prosecutor's office oversees the auditor's office, did Paul clear it through the prosecutor before that wrongful termination?

G George I du kno

I think this is yet another bad decision made by Ard! Isnt this the 3rd officer she fired since she started here and all three got their jobs back with pay? Add that to her salary and then we wonder why the city has no money. Maybe they should make it part of her contract that all back pay for wronful terminations should come out of her salary and see how her decisions would change.

Julie R.

I still find it hard to believe that Ard did not run it by the city law director before she fired Glovinsky, but then considering that Glovinsky was only part-time maybe she thought she didn't need to. Could be Iscman didn't think she needed to, either. Could be Iscman himself didn't think it was a wrongful termination. The way some of those jokes at the Erie County courthouse are forever and a day changing the laws, that would be understandable.

Julie R.

Gee, wonder why Tone took this case over the supposed "wrongful termination" of a part-time police officer? He sure didn't take the firing of the Sandusky Police Chief Kim Nuesse case. Oh wait, I believe he did ~ for a month or two, anyway ~ but that was only because the city's Cleveland attorneys couldn't request another rent-a-judge be brought in after the Civil Service Commission reinstated Nuesse --- only a judge could do that and Tone did, remember? After saying he would take the case, he then recused himself for "conflict of interest" so they could bring in another one of their infamous old retired fix-it judges.

Julie R.

Notice how the Erie County courts handle cases like this in a speedy manner, like being terminated from a part-time Sandusky police officer job is so important. They sure don't show that same respect for the average citizens in Erie County. The average citizens get to be victims of their well-known legal abuse, not to mention their well-known lack of respect for the law.

Darkhorse

Don't you think that if the union lawyer notified the city that he would notify the city attorney and the city manager at the same time? Ard has a habit of doing her own thing.

2Timothy1-7

You proved the point that Icsman is at fault as he would have been notified. If he allowed Ard to do her own thing without notifying City Commission, he's responsible.

Darkhorse

How is it we never heard how Icsman's evaluation turned out? The Register needs to be on top of this. Plus, I would like to know how Hank's evaluation came out when allowing the water to run at Hoppers.

Julie R.

Wasn't Ross Glovinsky's daddy (the former Huron police chief Randy Glovinsky) on the side of Baxter, Lyons & Co. in the Kim Nuesse case? Didn't Randy Glovinsky testify against Nuesse via by phone because he couldn't attend that joke fixed hearing in person? Didn't Binette a couple of years ago appoint Randy Glovinsky to become MetroParks newest park commissioner when one of the former commissioners, Micah Vawters, resigned?

As an afterthought, didn't Binette once recuse himself from a Metroparks/Huron River Greenway case for "conflict of interest" ~ the conflict being the wife of park commissioner Micah Vawters worked in Binette's court?