State ex rel. Krieger v. City of Broadview Heights

The Charter of the city of Broadview Heights, Ohio, provides in Section 9(c)(2), Article V that the civil service commission shall “* * * in all matters not in conflict with this Charter * * * conduct its affairs in accordance with the provisions of general law.” The relevant general law here is R.C. 124.44 which requires civil service commissions to hold examinations for promotions in police departments and then “certify to the appointing officer the name of the person receiving the highest rating.”

In State, ex rel. Pell, v. Westlake (1980), 64 Ohio St. 2d 360 [18 O.O.3d 514], this court was…