State ex rel. East Cleveland Ass'n of Firefighters, Local 500 v. City of East Cleveland

The question presented for our review is whether the Mayor of East Cleveland is required to *223fill a vacancy in the rank of lieutenant in the East Cleveland Fire Department with a qualified employee whose name appears on the promotion-eligible list. Because the municipal ordinances governing civil service promotions leave the decision to permanently fill such a vacancy to the mayor’s discretion, we answer this query in the negative and affirm the court of appeals.

For the extraordinary writ of mandamus to issue, this court “must find that the relator has a clear legal right to the relief prayed…