State ex rel. Habe v. City of South Euclid

Appellant claims that civil service commission rules that provide for appointments in a municipal police department do not supersede similar but conflicting provisions of R.C. 124.44, and that the court of appeals erred in refusing to issue a writ of mandamus based upon the finding that there were no vacancies in the position of sergeant at the time this action was filed. We disagree.

There is a conflict between the eligible list requirements of R.C. 124.44 and the South Euclid civil service rules. The statute provides that the person having the highest rating shall be appointed. The…