State ex rel. Sigall v. Aetna Cleaning Contractors of Cleveland, Inc.

The ultimate issue before this court is whether a state university, consistent with the applicable civil service laws in this state, may lawfully enter into a contract with an independent contractor regarding the performance of services which could also be rendered by classified civil service employees.

Appellants renew in this court their argument, rejected by the Court of Appeals below, that “ [t]he proper test for determining the legality of a contract between a state university and a private contractor is whether the services contracted for are of such a nature that they could be performed…