Attorney: Capt. Donald Zehner 'unlawfully fired' from Richland County Sheriff's Office
Richland County Sheriff's Capt. Donald Zehner was "unlawfully fired" on Oct. 27 for no disciplinary reason, his attorney says, adding that Zehner is entitled to return to the rank he previously held as lieutenant, based on the union agreement
In a letter sent by certified U.S. Mail dated Nov. 26 to Sheriff J. Steve Sheldon, Marion attorney J.C. Ratliff said the sheriff must re-employ Zehner pursuant to the bargaining agreement between the sheriff's office and the Fraternal Order of Police Ohio Labor Council Inc.
The Supervisors Agreement, Section 14.12, which became effective Jan. 1, 2022, titled, "Return of Fiduciary Employee," states that "The parties agree that employees who were/or are bargaining unit members and who completed three years of continuous service with the Bargaining Union and who have been appointed to any fiduciary positions as recognized by this Bargaining Unit in Article 2 of this Agreement, shall at the employee's request, return to the Bargaining Unit for non-disciplinary reasons (i.e. change of administration, elimination of positions, reorganization of the sheriff's office) the employee shall be returned to the rank they previously held and to any watch position directed by the sheriff and or his/her designee. Upon return, the employee shall have the ability to bid on all future bargaining unit position(s) per this article."
Ratliff's letter said that based on this section of this bargaining agreement, "it is our request that Donald Zehner be immediately returned to the rank he previously held which was a lieutenant for the Richland County Sheriff's Office."
Ratliff further wrote to the sheriff, "Please convey to Ratliff Law Office when our client Donald Zehner will be rightly returned to employment with the Richland County Sheriff's Office. Your failure to comply with this request will result in the appropriate legal action being taken by this law office."
Termination letter cites no reason for dismissal
Zehner's termination letter in his personnel file, dated Oct. 27, and obtained by the News Journal through a public records request, does not provide any reason for the termination.
Sheldon's letter said, "I write to advise you that your employment with the Richland County Sheriff's Office has been terminated effective Oct. 27, 2023 at 1600 hours.
"Please make necessary arrangements, no later than Tuesday, Oct. 31, 2023 at 1600 hours to return all Sheriff's Office issued equipment and/or property. You may do so by contacting Captain James Sweat at (phone number provided).
"We appreciate your work and good luck with your future endeavors," the letter said, signed J. Steve Sheldon.
Performance evaluations, commendations
Zehner, 54, a 1988 Shelby High School graduate, joined the sheriff's office on April 4, 1993 after graduating from Hocking Technical College with a degree in fish and wildlife management.
His most recent performance evaluation, obtained through a public records request, filed Aug. 15 for the period of Aug. 1, 2022 to Aug. 1, 2023, showed Zehner received the highest mark, "Outstanding," for dependability, "Exceeds Requirements" for Adaptability (adjusting to change); "Outstanding" for daily decision making/problem solving - Thinking on the job; an "Outstanding" for service to clients/public; a "Meets Requirements" for Use of Equipment and Materials"; an "Outstanding" for Project Planning and Implementation; and an "Outstanding," for Work Group Management.
Richland County sheriff's Maj. Joe Masi, who gave Zehner his evaluation, commented, "I have asked Captain Zehner to improve his interactions with his subordinates by being professional, positive and with integrity. He needs to continue to improve in this area. I have explained to him and the other two captains I need them to work together. I have seen improvement in this area. Lately, I have had no reported problems. I have asked Captain Zehner to maintain good working relationships with subordinates. I believe there is still room for improvement in this area. Captain Zehner sets priorities and adjusts them as needed when unexpected situations arise. Always offers ideas to solve problems based on vetting information from supervisors and asking good questions. Based on that information Captain Zehner has demonstrated sound judgment in handling critical incidents and non-critical incidents."
On Oct. 23, Zehner, the department's operations commander, received his yearly evaluation, four days before he was terminated.
Recent years' evaluations in his personnel file also reflect high praise from Masi, who in 2020 said in Zehner's evaluation, "... he effectively does his job with little supervision. He knows his job and is on the job 24/7 365 days a year. He is proficient in handling events, dealing with organizers, security and the appropriate manpower needs. He motivates deputies to produce activity and they respect him for his knowledge and guidance. Captain Zehner is my 'go to person' when I need something done quickly and correctly. He is a valuable asset to this organization. He has kept his personnel safe from COVID-19 by reminding them of protocols and giving them direction. Captain Zehner now has three SRO's (school resource officers) that report directly to him."
Zehner's personnel file is also filled with numerous commendations from the sheriff and other law enforcement agencies, including for the manhunt for Shawn Christy who was accused of threatening to harm or kill President Donald Trump, a police chief, other law enforcement officers and a district attorney.
Zehner has held almost every position at the sheriff's office, starting out as a corrections officer in the jail.
Tuesday, Sheldon provided a written comment to the News Journal, saying, "The Richland County Sheriff's Office is tasked with providing safety and security to the citizens of Richland County. We take that responsibility very seriously and are constantly evaluating our office structure and how to best serve the needs of the community. A recent office review led to the departure of fiduciary employee Donald Zehner. We wish him well even as we move forward with our remaining team of public servants."
Staff Lt. Brian Gunder was promoted to captain of operations Nov. 7. More information about changes to enhance the office's operations will be forthcoming, the sheriff's statement said.
Rocky Ratliff, one of Zehner's attorneys, speaking on behalf of his client, said Tuesday, "He is an individual with longstanding experience. He has a wealth of knowledge with an exemplary history and personnel file with the sheriff's department. He is being fired for what we believe is political reasons, meaning he is trying to give suggestions on improving the Richland County Sheriff's Department and ultimately is terminated."
Zehner takes out petitions for possible run for sheriff
Zehner has taken out petitions with the Richland County Board of Elections to possibly run for Richland County sheriff in the March 2024 primary. That race could include three Republicans: Zehner, Matt Mayer and Sheldon.
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This article originally appeared on Mansfield News Journal: Sheriff's termination letter to captain cites no reason for dismissal
