State ex rel. O’Grady v. Griffing
Annotate this CaseAppellee, an employee of the City of Warren, was appointed deputy bailiff/legal secretary to Judge Gysegem in 2007. In 2010, Appellee discussed with Judge Gysegem her wish to retire and receive Ohio Public Employees Retirement Systems (OPERS) benefits but to continue working for the judge. Consequently, the judge did not issue an entry terminating Appellee’s employment. Appellant, the auditor of the City, claimed he could not certify to OPERS Appellee’s final date and salary, which was required for Appellee to receive OPERS benefits. Appellee filed this mandamus case to compel Appellant to certify her final-earnable-salary date to OPERS. The court of appeals granted the writ. The Supreme Court reversed, holding that because Appellant had no direct evidence of Appellee’s retirement, he had no clear legal duty to certify Appellee’s final-earnable-salary date.
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