WARREN, Ohio - In a case that has dragged on for five years over police promotions, a split Ohio Supreme Court Wednesday affirmed an appeals court ruling that sided with the city of Warren, determining it did not violate state law in abolishing several ranked police positions in 2014. The Ohio Patrolman’s Benevolent Association had filed suit in 2015 on behalf of several Warren officers after the city passed an authorized strength ordinance that abolished the positions of one captain and one lieutenant following retirements.

The union had argued that the city was obligated to promote the next ranking officers to fill the vacant positions.

The OPBA appealed a 2019 11^th District Court of Appeals ruling in favor of the city and asked the Ohio Supreme Court to grant a motion for oral argument in an effort to overturn the ruling. However, the high court by the narrowest of margins, 4-3, upheld the appellate court ruling Wednesday, denied the oral argument request and described the union’s argument as “flawed.”

“The bottom line is that the court ultimately sided with the city with the methodology of abolishing the ranked positions through attrition,” Enzo Cantalamessa, Warren law director, told 21 News after reviewing the opinion that was released on the court’s website. Cantalamessa said there have been “opposing rulings” by appellate courts on this very issue throughout the state and that today’s ruling should resolve those major differences.

“It is now established law,” Cantalamessa said.

However, Justice Sharon Kennedy thinks otherwise. In her dissent, Justice Kennedy argued that “(T)he city failed to follow the statutory processes and thereby violated the seniority rights of the police officers involved in this case. I would reverse the (appeals court) judgment.” Two remaining justices concurred with Kennedy’s dissent.

Attorneys for the OPBA could not be reached for comment.