Gray v. City of Toledo (1971), 323 F.Supp. 1281, ___ U.S. ___. A city does not have a legitimate interest in restricting employees' rights to discuss partisan politics during working hours when the restriction is not directly related to the goal of prohibiting partisan political activity, the effect of which interferes with the efficiency and integrity of the public service.

Painter v. Graley (1994), 70 Ohio St.3d 377. Neither equal protection provision nor free speech provision of Ohio constitution guarantees unclassified public employee right to seek partisan elected office while holding public employment.

Painter v. Graley (1994), 70 Ohio St.3d 377. Discharge of chief deputy clerk in municipal court based upon her candidacy for city council did not violate "clear public policy" as required for tort of wrongful discharge; discharge did not violate clerk's state constitutional rights, clerk's position was unclassified, and statute provides that unclassified employees may be dismissed or discharge by the same power which appointed them, prescribing at-will status of such employees.

Jackson v. Coffey (1977), 52 Ohio St.2d 43. A classified employee cannot escape the fact that he involved himself in partisan political activities by showing a satisfactory employment record.

In re Removal of Walker v. Village of Belpre (1960) 171 Ohio St. 177. Activities of a marshall in circulating a petition of two candidates for village council does not constitute a taking part in politics.

Heidtman v. Shaker Heights (1955), 163 Ohio St. 109. Activities of classified employees in circulating an initiative petition seeking enactment of an ordinance relating to their employment do not constitute a taking part in politics when "politics" is defined as politics in a narrower partisan sense.

Hudak v. Cleveland Civil Service Commission (1988), 44 Ohio App.3d 15; cert denied 37 Ohio St.3d 704. Discharge of a civil service employee is proper when the employee violated a city charter prohibition against participation in political campaigns when he was campaigning for the office of council member.

State, ex rel. Northern Ohio Patrolmen's Benevolent Association v. Wayne County Sheriff's Dept. (1986), 27 Ohio App.3d 175. A deputy sheriff in the classified service cannot in his capacity as director of the local patrolmen's association issue a press release endorsing one candidate for public office over another, for such conduct falls within the ambit of partisan political activity.

Resek v. Seven Hills (1983), 9 Ohio App.3d 224. A police chief is properly removed from his position when he sells tickets for a political fund raising event in contravention of R.C. 124.57.

Esler v. Summit County (1985), 39 Ohio Misc.2d 8. To determine whether two public offices are incompatible with each other, a court should consider (1) whether either position is a check upon or subordinate to the other; (2) whether either position is classified pursuant to R.C. 124.57; (3) whether the empowering statutes limit outside employment; (4) whether one person can physically perform both functions; (5) whether there is a conflict of interest; and (6) whether there are any contolling ordinances or regulations.

Carter v. Butler County Sheriff (Apr. 12, 1994), Butler Co., No. CV93-11-1705, unreported; aff'd (Nov. 7, 1994), Butler App. No. CA94-05-111, unreported, 1994 WL 606164; dismissed (1995) 71 Ohio St.3d 1497. Participation in political activity is indicative, but not determinative, of an employee's fiduciary capacity. View Common Pleas Decision | View SPBR Order

Schatzman v. Clermont County Auditor (Oct. 25, 1995), PBR Case No. 95-REM-08-0357; aff'd (Nov. 28, 1996), Full Board. Where a classified employee's actions fall within the scope of political activity prohibited by R.C. 124.57 and O.A.C. 123:1-46-02(C), the employee may be removed for failure of good behavior. View SPBR Order

McCann v. Chillicothe Correctional Institute (Nov. 28, 1989), PBR 89-INV-04-0242. A classified employee is not engaging in partisan politics when he holds the position of public school teacher in a local school district and the position of village council member, or other like positions that are not incompatible. View SPBR Order