State ex rel. Buian v. Kadlec

E. C. 2733.06 provides that:

“A person claiming to he entitled to a public office unlawfully held and exercised by another may bring an action therefor by himself or an attorney at law, upon giving security for costs.”

Obviously, such action does not lie unless the person against whom it is brought is exercising a public office.

Section 104 of the Charter of the city of Ala-on establishes the position of personnel director and states that “ [t] he Civil Service Commission * * * shall appoint a Personnel Director * * *.” In addition Section 106 of the charter specifically outlines the duties of…