State Ex Rel. Tempesta v. City of Warren

{¶ 1} This is an action for a writ of mandamus to compel respondent, city of Warren, Ohio, to reinstate relator, Frank M. Tempesta, to the city’s Operations Department in the position of operations superintendent, and to award him back pay. Because Tempesta has shown that he is entitled to the position, we grant the writ and order the city to appoint him to the operations superintendent position. We deny the request for an award of back pay because Tempesta has not established the amount due with certainty.

Facts

{¶ 2} Tempesta was a classified employee for the city of Warren. His job…