State Ex Rel. Mylott v. McKelvey

DeGenaro, Judge.

{¶ 1} This timely appeal comes for consideration upon the record in the trial court, the parties’ briefs, and arguments before this court. Appellants, Mayor George M. McKelvey and the Youngstown Civil Service Commission, appeal from the judgment of the Mahoning County Court of Common Pleas granting the writ of mandamus sought by appellees, Thomas Mylott, et al. The issue we must determine is whether for the purposes of abolishing a civil service position a vacancy exists when a position has been created by a city ordinance but has never been occupied. Because we conclude that…