State ex rel. Bednar v. City of North Canton

For the following reasons, we affirm the judgment of the court of appeals in part and reverse it in part.

R.C. 124.44 states in part:

“Whenever a vacancy occurs in the position above the rank of patrolman in a police department, * * * [and there is an eligibility] list * * * the [civil service] commission shall, where there is a vacancy, immediately certify the name of the person having the highest rating, and the appointing authority shall appoint such person within thirty days from the date of such certification.”

Bednar relies on this statute to mandate his appointment. The city contends that…