from the Franklin County Court of Common Pleas No.
Kessler Myers & Postalakis, Inc., and Marc E. Myers, for
Yost, Attorney General, and Matthew J. Karam, for appellee.
Matthew J. Karam.
1} Appellant, Jeffrey Carnes, appeals a judgment of
the Franklin County Court of Common Pleas affirming the order
of the State Personnel Board of Review ("Board")
that affirmed Carnes' involuntary disability separation.
For the following reasons, we affirm that judgment.
2} In July 2013, Carnes was employed as an
Information Technologist 2 for appellee, the Ohio Department
of Taxation ("ODT"). Carnes' essential job
duties included programming databases, developing web pages,
and troubleshooting IT problems. On July 13, 2013,
Carnes' supervisor met with Carnes to discuss the goals
and expectations for Carnes' job performance in the
upcoming year. During the meeting, Carnes stated that he
disagreed with each goal, but would only say, "It is
what it is," when asked to explain how and why he
disagreed. (July 31, 2013 Letter from Charles Kumpar to J.
3} Subsequently, Charles Kumpar, the ODT labor
relations administrator, questioned Carnes about his behavior
during the meeting. According to Kumpar, Carnes displayed
difficulty in answering even basic questions. During
conversation, Carnes would reverse his answers midsentence,
contradict himself, and stop responding and gaze silently at
the ceiling until re-engaged.
4} Concerned that Carnes' mental health was
hindering his job performance, Kumpar arranged for an
evaluation of Carnes' psychological fitness for duty. J.
Nick Marzella, a psychologist, evaluated Carnes on August 5,
2013. Marzella administered to Carnes two psychological
tests: the Minnesota Multiphasic Personality Inventory-2 and
the Millon Clinical Multiaxial Inventory-II. Marzella also
conducted an interview of Carnes to assess his psychological
5} According to Marzella, Carnes was anxious
throughout the interview. Marzella reported that Carnes'
"thoughts were scattered and at times tangential. He was
obstructive and non-revealing, subsequently showing little
insight and poor judgment." (Aug. 6, 2013 Psychological
Fitness for Duty Evaluation at 4.)
6} Using the multiaxial approach to diagnosing set
forth in the Diagnostic and Statistical Manual of Mental
Disorders IV ("DSM-IV"), Marzella did not diagnose
Carnes with any Axis I clinical disorders. However, under
Axis II, Marzella diagnosed Carnes with an
obsessive-compulsive personality disorder with histrionic and
narcissistic personality features.
7} Additionally, Marzella opined:
[Carnes'] obsessive-compulsive personality disorder will
exacerbate in times of stress. His tendency to be overly
concerned with irrelevancies fueled with his denial of
personal issues and adequacy will make it difficult for him
to stay on task with any degree of persistence and pace.
Further, Mr. Carnes is obstructive and recalcitrant with
regard to revealing information. Such behavior in the
workplace is disruptive and ...