State ex rel. Delph v. Barr

Chief of police is a public office from which a usurper may be removed pursuant to R.C. Chapter 2733. State, ex rel. Hanley, v. Roberts (1985), 17 Ohio St. 3d 1, 4,17 OBR 1, 3, 476 N.E. 2d 1019,1021, at fn. 5. Thus, we must first decide whether Barr is holding the office unlawfully. If he is, we must determine whether Delph is entitled to that office.

I

The court of appeals found that Barr was not certified at a public meeting. It further found that Barr’s certification was not done at a regular or special meeting under the executive-session exception of R.C. 121.22(G). Thus, citing R.C.…