State ex rel. Fitzgerald v. Keefer

Citations

• 16 Ohio N.P. (n.s.) 145

Syllabus

<p>Givil Service — Tenure of a Temporary Appointee by the Mayor — Buie Limiting to Three Months Inconsistent with Statutory Provisions —Mandatory Writ Will Issue to Certify Such an Appointee on the Pay-Boll, When.</p> <p>1. In the absence of an eligible list applicable to a position in the classified service of a municipality, one appointed by the mayor temporarily to fill such position by virtue of General Code, Section 4488 (P. & A., 1912), is entitled to hold such position and receive pay therefor until an eligible list for the position is created by the civil service commission as the result of competitive examination.</p> <p>2. A rule adopted by a municipal civil service commission providing that temporary appointments by the mayor to positions in the classified service shall not continue more than three months, is inconsistent with Section 44S8 (P. & A., 1912), and is an attempted exercise of legislative power by an administrative board, and therefore void.</p> <p>8. A temporary appointee, appointed prior to January 1st, 1914, holding a position in the classified service for a period longer than that provided by an attempted regulation of the civil service commission, is entitled, nevertheless, to have his name certified by the civil service commission in connection with the pay-roll of his department as “appointed” or “being employed,” under the provisions of Section 21 of the civil service act of April 28th, 1913, and a mandatory writ will issue to the civil service commission to so certify.</p>