Rist files motion to reconsider

Published 9:58 am Wednesday, March 30, 2011

A former Ironton police officer terminated for falsifying a traffic ticket is asking the Ohio Supreme Court to reconsider its decision not to hear her case.

Beth Rist filed Monday a motion for the high court to reconsider its decision.

The court announced March 16 that after a 5-2 vote, it would not hear Rist’s appeal to get her job back.

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In the six-page document, Rist builds a case around the legal grounds that arbitration is binding.

“The decision of this court to deny Appellant’s request for discretionary review leaves the law of Ohio as it relates to the existence and applicability of ‘public policy exception’ to the Arbitration Act in a state of uncertainty, if not outright confusion,” the motion reads in part.

At the time the court decided not to hear the case, Rist’s attorney Marc Mezibov of Cincinnati, expressed disappointment in the decision. In the long run, he said, the decision is not in the best interest of the people, especially those affected by collective bargaining.

The former policewoman and current city councilwoman was fired in 2008 after admitting to writing a ticket to someone other than the actual driver of a vehicle. She pleaded guilty to a misdemeanor and was sentenced to two years’ probation for falsifying a traffic ticket.

Rist filed a grievance protesting her termination.

An arbitrator determined that she had been fired without cause and ordered that she be reinstated to her position as a police officer.

After the city appealed the arbitrator’s decision in Lawrence County Common Pleas Court, Rist’s termination was reinstated.

In October, she appealed to the Fourth District Court of Appeals, which upheld her termination.

In December 2010, she appealed to the Ohio Supreme Court.

In a separate legal action, Rist filed a civil rights lawsuit against the City of Ironton and its police department in June 2010 in U.S. District Court.

In that lawsuit, the former police sergeant claimed she was fired because of her gender and in retaliation for her documented opposition to what she alleges was discriminatory treatment.

The lawsuit alleges that her termination and the city’s failure to reinstate her were motivated by a desire to discriminate against her for protesting a hostile work environment.

The case is still pending in the federal court.

In 2001, Rist, who was hired in 1996 as the department’s first female officer, successfully sued the city on grounds of sexual harassment and a hostile work environment.