Court victory for correction officers reversed
Court Alerts
A federal appeals court has reversed a correction officers union's U.S. District Court win against
The decision Friday by the U.S. Court of Appeals for the Second Circuit found no violation of the due-process clause of the 14th Amendment because the county notified the Nassau County Sheriff Officers Association before imposing the procedure and because the association could have taken the issue to grievance and did not.
The union was seeking to recoup two weeks' pay that had been taken in 2004 from each of its more than 1,100 officers, who under the "lag" would be paid back at the end of their career.
Union President Michael Adams yesterday said he was "very disappointed" with the decision.
"I don't think it's the end of the issue," he said. "I'll see what remedies we have. How could it have been upheld all the way through to this point? The district court judge even told the county to set aside the money."
County Attorney Lorna Goodman said she was "very pleased" with the latest ruling. Using the lag payroll procedure saves the county money.
"The decision demonstrates that we did not violate any rights with the lag payroll," she added.
Through a series of negotiations with several unions, including the sheriff officers association, in 1999, the county reached conditional agreement on the payroll lag procedure, wherein 10 days of pay for each union member would be deferred until the member left county service.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.