Hornberger v. State ex rel. Fischer

Citations

• 95 Ohio St. (N.S.) 148

Syllabus

<p>Civil service — Temporary appointment — Application of provisions of 103 Ohio Laws, 698 — Rule of commission abrogated by statute, when — Discharged appointee may maintain mandamus, when — Validity of discharge determined by law — In force at time of dismissal, when.</p> <p>1. The provisions of the civil service law, passed April 28, 1913 (103 Ohio Laws, 698), apply to a person who was in 1912 given a temporary appointment in the classified service in conformity to the law then in force and held such position January 1, 1914, when the later law became effective.'</p> <p>2. A rule' of the civil service commission, though authorized by statute, is abrogated by the repeal of such statute and the enactment of a law with which the rule is inconsistent.</p> <p>3. An order of discharge of such appointee, assigning as the only cause -of removal that the appointment was temporary and an eligible list had since become available, does not require the filing of any explanation by the appointee before he may maintain a proceeding in mandamus to test the validity of his attempted removal.</p> <p>4. The validity or invalidity of the discharge of such appointee is determined by the law in force at the time his dismissal is ordered and is not affected by the provisions of a civil service law passed subsequent to such discharge and subsequent to the institution of such action.</p>