Arbitrator's ruling gives fired Lorain County corrections officer his job back

An arbitrator gave a fired Lorain County Jail corrections officer his job back last month after ruling that Sheriff Jack Hall didn't have just cause to fire him and that authorities relied on old disciplinary records to justify his termination. Hall fired corrections officer Christopher B. Jackson on April 21, nearly four months after Jackson had an altercation with inmate Thomas Hoskins at the Lorain County Jail. The Ohio Patrolmen's Benevolent Association, the union that represents unionized corrections officers at the jail that is also known as the OPBA, filed a grievance the following day. Arbitrator Daniel Zeiser ruled Oct. 27 that Jackson's punishment should be limited to a 30-day suspension from April 21 to May 21 and that he should be reinstated to his job with back pay from May on. Zeiser ruled there was not just cause to fire Jackson, 60, of Elyria. His attorney said he is expected to get approximately $30,000 in back pay and attorney fees from the county for his trouble. The sheriff's office "bears the burden of proving that just cause exists for (Jackson's) discipline," he wrote, and that requires "persuasive proof that the rules or policies cited for the discharge were violated and the discipline was proportionate to the offense." Zeiser also recommended Jackson be awarded any overtime he would have earned after May 21 and retain seniority, and that the two parties share the arbitrator's fees. Hall said Wednesday he thought he did the right thing when he fired Jackson, and that the former corrections officer was properly charged with misdemeanor dereliction of duty for his actions in the confrontation with inmate Thomas Hoskins on Dec. 29, 2024. Elyria Municipal Judge Gary Bennett dismissed those charges Nov. 6 at the request of special prosecutor John Reulbach, who said Jackson was charged under the wrong section of Ohio law. Hall said some of the incident wasn't caught on video, and some of what happened came down to the inmate's word versus Jackson's word. "We thought the actions were egregious enough to warrant termination," Hall said, adding that he was "disappointed" with Reulbach's decision to dismiss the dereliction of duty charges. OPBA attorney George Gerken, who represented Jackson in the grievance process and against criminal charges, said he thought Zeiser made the right decision and did a good job of explaining the weaknesses in the county's case. Zeiser recognized that Jackson "didn't violate a single rule or policy and the sheriff's office erred in terminating him," Gerken said. The arbitrator's ruling was also affirmed by the dismissal of the criminal charges against Jackson, he said. "There was no evidence to show that he (Jackson) was derelict," Gerken said. "I think it was the right decision." An arbitration hearing took place July 17 at the sheriff's office, where Jackson was represented by Gerken and local corrections union director David Edwards, a veteran Lorain County corrections officer. Attorney Eugene Nevada, Hall's director of legal affairs Anthony Nici, Corrections Inspector Ryan Kolegar and corrections Sgt. Michael Mettler represented the sheriff's office. Zeiser learned that in 18 years as a corrections officer, Jackson faced discipline several times, most recently in a 2021 written reprimand. On Dec. 29, 2024, Jackson had an altercation with inmate Thomas Hoskins, 45, of Cleveland, who according to the arbitrator's ruling and other evidence had a history of violent behavior, including throwing bodily substances on corrections officers. Jackson's account was that Hoskins threatened to throw feces and urine on Jackson during breakfast. Later, as Jackson distributed lunch, Hoskins blocked the meal slot in his cell door so Jackson moved along as he and other corrections officers had been instructed to do. Jackson's back was turned when Hoskins threw a white styrofoam cup with feces in it on the corrections officer from 10 to 15 feet away. Feces hit Jackson in the back, shoulder and face. He radioed for backup, called for Hoskins' cell door to be opened and went in alone to remove Hoskins and put him in a "restraint chair" to calm him, according to the arbitrator's ruling. As Jackson entered the cell, he said Hoskins attacked him while holding something in his hand. Backup officers and Jackson managed to get Hoskins back under control. Mettler, who was Jackson's supervisor that day, ruled that Jackson's use of force to control Hoskins was justified. Kolegar, who investigates internal complaints against corrections staff, started an investigation Jan. 20 and issued a report April 3. His report found Jackson in violation of three rules or policies that placed him, other corrections offices, Hoskins and other inmates at risk. He recommended that Jackson be fired, citing Jackson's prior disciplinary record. Jackson's record "should have resulted in his termination much earlier. The previous administration's failure to remove him from his position was both negligent and lacking in any justifiable rationale," Kolegar wrote, according to the arbitrator's ruling "While it may be convenient to cite union protections as the barrier to action, the reality tells a different story," Kolegar wrote. "The union contract clearly stipulates that an employee may only be terminated for 'just cause.' Serious offenses such as making criminal threats, repeated allegations of sexual harassment, and numerous excessive force complaints unquestionably meet that standard." Hall fired Jackson and Nici stood by that decision, telling the arbitrator that a corrections officer with Jackson's experience should have known better than to enter a cell alone, could have walked away from the assault and should have waited for backup. A 28-year veteran corrections officer, Edwards testified there is no policy, procedure or rule forbidding a corrections officer from going into a cell alone. He and Mettler testified they had done so in the past to deal with inmates and weren't disciplined for it. Zeiser wrote it was clear from Kolegar's report that Hall "does not agree with (former sheriff Phil Stammitti's) handling of discipline" and that Kolegar's recommendation to fire Jackson is "consistent with Nici's testimony that the newly-elected sheriff had promised to review or re-review cases." The corrections union contract says disciplinary action more than two years old can't be used against a union employee in a new disciplinary case, and Zeiser wrote that it was clear Kolegar did so when he made his recommendation. "The logical conclusion to draw from this language and testimony is that Jackson's prior discipline was a factor in Kolegar's recommendation to terminate Jackson," Zeiser wrote. Edwards declined to comment on behalf of the union. "It's time to move forward," he told The Chronicle-Telegram. Hall said Jackson is welcomed back to work with the expectation he will "do the same job that is expected of every corrections officer." Hoskins was charged with two counts of assault and two counts of harassment by an inmate, all felonies, for the incident with Jackson. Those charges were dismissed in Elyria Municipal Court after being sent to a grand jury, Elyria Law Director Amanda Deery said Wednesday. No indictment has yet been filed in that case. In a separate 2024 case in Common Pleas Court, Hoskins pleaded guilty to one count of harassment by an inmate, a felony. The presumed sentence on a fifth-degree felony like that charge is community control, formerly known as probation. Court records said Hoskins was "very uncooperative" with authorities and several sentencing dates in that case were postponed until Judge Donna Freeman ordered Hoskins to appear for sentencing Oct. 30 "by any means necessary." She sentenced him to three years on community control. Hoskins currently is in prison on a parole violation with an expected release date in March, according to state prison records. Contact Dave O'Brien at (440) 329-7129 or dobrien@chroniclet.com.