City of Dayton, Ohio

Plaintiff-appellant appeals the trial court's decision upholding an order of the City of Dayton's Civil Service Board (Board) which affirmed his demotion from Firefighter Recruit to Emergency Medical Technician-Basic. The demotion occurred during Plaintiff-appellant's Firefighter Recruit probationary period with the demotion being triggered by an injury he sustained during recruit training which prevented him from completing the Firefighter Recruit training program. Plaintiff-appellant's demotion did not violate any state or federal law, and, further, it is not contrary to public policy. Plaintiff-appellant's demotion occurred in a manner consistent with Civil Service Rule 10, Section 5. The Board's reference to Rule 12, Section 3 in its order, though misplaced, does not affect the validity of the Board's determination. Plaintiff-appellant's demotion was not unreasonable. Finally, Plaintiff-appellant's appeal to the Board was not illusory. Judgment affirmed. (Froelich, J., concurring in judgment only.)