Morgan v. City of Cincinnati

I am in agreement that the broad statement to be found in State, ex rel. Gibbons, v. Cleveland (1984), 9 Ohio St. 3d 216, that “no legal right to back pay can be established before an appointment has occurred, regardless of the reasons for the failure to appoint,” should be clarified or differentiated from the type of case presented herein. In Gibbons, I joined the court in stating the general rule that civil service employees have no legal right to the salary and benefits incidental to a rank or position prior to their appointment to the position sought, citing State, ex rel. Lynch, v.…