Quick question:

I have been scouring SEOMoz.org along with webmaster forums looking for an answer, but we have a person who insists that the H1 tag be located in the Footer.

I feel that is is fundamentally wrong because it is not the intent of the H1 tag, and I do not believe it is a best practice.

That being said would we see what little value the H1 tag has disappear if we put it in the footer, would we be penalized, or am I being too vanilla by wanting to keep it in the Title position?