Ohio Appeals Court Reinstates Defamation Claim by Former Port Clinton Fire Chief

The Ohio Court of Appeals for the Sixth Appellate District has reinstated a defamation claim filed by the former fire chief of Port Clinton while upholding the dismissal of his remaining claims for wrongful termination.

Kent Johnson, who had served with the Port Clinton Fire Department since 1992 and as fire chief since 2008, was placed on administrative leave in June 2023 following allegations of sexual harassment made by an EMS employee. Here is earlier coverage of those allegations and a subsequent lawsuit filed by the employee.

The city referred the matter to Clemans Nelson Associates for investigation, and the Ohio Bureau of Criminal Investigations also reviewed related payroll issues. The employee’s petition for a civil protection order was denied, the city continued its internal review. In December 2023, Chief Johnson was notified of a predisciplinary hearing on charges that included payroll irregularities and the sexual harassment allegation. The city’s safety and service director conducted the hearing in January 2024. Johnson was formally removed from his position on January 17, 2024.

Chief Johnson filed suit in Ottawa County Common Pleas Court, asserting six claims: violation of civil service statutes, intentional infliction of emotional distress, defamation, violation of rights under the Ohio Constitution, wrongful termination, and retaliation. The trial court granted the city’s motion for judgment on the pleadings and dismissed the case in its entirety. Here is our coverage of that decision.

On appeal, the Sixth District affirmed in part and reversed in part, the Court of Common Pleas.. The appeals court concluded:

• Defamation: Chief Johnson’s complaint adequately alleged defamation per se, based on city statements that he intentionally misused public funds and engaged in sexual harassment. The court ruled that under Ohio’s notice-pleading standard, Chief Johnson had sufficiently alleged that city officials published false statements with actual malice. The defamation claim was remanded for further proceedings.
• Emotional Distress: The court upheld dismissal of Chief Johnson’s intentional infliction of emotional distress claim, finding that the city’s actions, while potentially distressing, did not rise to the level of “extreme and outrageous” conduct required under Ohio law.
• Retaliation: The court rejected Chief Johnson’s retaliation claim, declining to extend statutory remedies under Ohio’s anti-discrimination law (R.C. Chapter 4112) to his circumstances.
• Due Process / Declaratory Relief: The court also affirmed dismissal of Chief Johnson’s claim seeking a declaratory judgment for alleged due process violations. The court noted that Article I, Section 16 of the Ohio Constitution is not self-executing and does not create a private right of action. Further, statutory remedies exist for removal appeals under R.C. 124.34 and 124.40.

The case now returns to the trial court for further proceedings solely on that claim. Here is an update on the status of the criminal charges against Chief Johnson.

Here is a copy of the decision: