State ex rel. Coolidge v. Hyman

Citations

• 35 Ohio C.C. Dec. 281
• 25 Ohio C.C. (n.s.) 361

Syllabus

<p>OFFICERS</p> <p>1. Appointing Officer Cannot under Civil Service Promote One not Certified.</p> <p>When an officer is required by law to appoint and promote city employes from a list of those who have attained a certain grade in competitive civil service examinations, he can not, in the exercise of his discretion, promote one who has failed to attain the prescribed grade, even though it be by the fraction of one per cent, and there are special reasons why he believed that one will be more efficient in the position to which he desires to promote him.</p> <p>2. Courts will not Interfere with Civil Service Examinations.</p> <p>While rules governing the conduct of civil service examinations, as established by the city council and the examiners, should enumerate the subjects.upon which applicants are to be examined, yet a failure so to do will not be ground for interference on the part of the courts when it appears that the examinations, as conducted, were upon the subjects upon which it would be necessary for the appointees to have knowledge.</p>