McCarter v. City of Cincinnati

I

Black, P.J.

The principal questions presented in this appeal are (1) whether the Cincinnati City Manager must affirmatively declare the existence of a vacancy in the rank of police captain before the civil service commission can hold a competitive promotional examination for eligible police lieutenants, 1 and (2) whether those provisions of R.C. 124.44 are mandatory that call for the holding of such an examination within sixty days after the occurrence of the vacancy. 2 We hold that the affirmative declaration of a vacancy is unnecessary under the circumstances disclosed by the instant…