Karb v. State ex rel. Carter

Citations

• 87 Ohio St. (N.S.) 197

Syllabus

<p>Power of mayor to suspend chief of police — Section 4381, General Code, not repealed by implication by Section 4250, General Code — De facto chief of police subject to removal same as de jure oiKcer — Chief appointed from unclassihed service — Not subject to summary removal, when — Mimicipal law.</p> <p>1. Section 152, Municipal Code of 1902 (General Code, Section 4381), is not repealed by implication by Section 129 of the act entitled “An act to amend and supplement certain sections of the ‘Municipal Code of 1902’ herein specified, modifying and enlarging the powers of municipal corporations and their officers,” passed April 29, 1908 (99 O. L, 562; General Code, Section 4250) ; but is entirely consistent with said Section 129 (General Code, Section 4250), in that the chiefs of the police and fire departments are expressly excepted from the operation of said Section 129 and the removal of said officers is made subject to the provisions of said Section 152 (General Code, Section 4381).</p> <p>2. A de facto chief of police, or of the fire department, is subject to removal as provided in Section 152 (General Code, Section 4381) the same as a de jure officer.</p> <p>3. A chief of police who was appointed from the unclassified service, January 27, 1910, after the amended Section 158 of the Municipal Code of 1902 became effective, was lawfully appointed; and such officer is not subject to summary removal, although said section was amended and repealed during his term of office and the office was again placed in the classified service.</p>