Motion And Procedural Ruling.
The court determines that a conflict exists. The parties are to brief the following issue set forth in the court of appeals' entry dated May 27, 2011:
"A certified township police officer who is appointed chief and then is terminated as chief, other than for cause in a township where R.C. 505.49(C) is not applicable, does not have the automatic right to return to the position he held prior to his appointment as chief."
O'Donnell, Cupp, and McGee Brown, JJ., dissent.
The conflict case is Staley v. St. Clair Township Board of Trustees, (Dec. 15, 1987), Columbiana App. No. 87-C-44.