State ex rel. Rimroth v. Harrison

Citations

• 2020 Ohio 367

Syllabus

CIVIL SERVICE – MUNICIPAL – WRITS – MANDAMUS: Where the city's civil service commission improperly awarded seniority credit to the score of a firefighter who had failed the promotional examination for fire captain, allowing him to post a passing score and receive the appointment, the remedy for the civil service commission's failure to properly award the seniority credit was not to order a new promotional examination, but rather to remand the cause to the civil service commission for the proper award of credit. A writ of mandamus compelling the appointment of a firefighter to the position of fire captain with back pay will not issue where the firefighter has not shown that he has a clear legal right to the appointment.