State ex rel. Bailey v. George

Citations

• 92 Ohio St. (N.S.) 344

Syllabus

<p>Civil service — Municipal home rule■ — Statutes liberally construed, when — Appointment of commissioners by mayor — Section 486-19, General Code (103 O. L., 708) — Sixty-day limitation— Powers of state commission and mayor — Section 10, Article XV, and Article XVIII, Constitution, 1912.</p> <p>1. The plain purpose of the municipal home-rule amendment adopted in September, 1912, is to provide home rule for cities, which obviously includes the selection of its own municipal officers by the people of the municipality or other duly authorized municipal officers.</p> <p>2. Statutes passed pursuant to such home-rule amendment should be liberally construed so as to effect the plain purpose of such amendment.</p> <p>3. Under Section 486-19, General Code (103 O. L., 708), commonly known as the civil service act, the sixty-day limitation does not terminate the right of the mayor to appoint a municipal civil service commission. The purpose of thereafter conferring the power, upon the state civil service commission is merely to enforce the appointment of such municipal commission, and failure to act upon the part of the state civil service commission leaves the power still in the' hands of the mayor after such sixty-day period.</p>