Ohio Revised Code

Ohio Rev. Code § 124.27 (2026)

Appointments from eligible lists - probation

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

(A) Appointments to all positions in the classified civil service, that are not filled by promotion, transfer, or reduction, as provided in sections 124.01 to 124.64 of the Revised Code and the rules of the director prescribed under those sections, shall be made only from those persons whose names take rank order on an eligible list, and no employment, except as provided in those sections, shall be otherwise given in the classified civil service. The appointing authority shall appoint in the following manner: each time a selection is made, it shall be from one of the names that ranks in the top ten names on the eligible list or the top twenty-five per cent of the eligible list, whichever is greater. In the event that ten or fewer names are on the eligible list, the appointing authority may select any of the listed candidates. Each person who qualifies for the veteran's preference under section 124.23 of the Revised Code, who is a resident of this state, and whose name is on the eligible list for a position is entitled to preference in original appointment to any such competitive position in the classified civil service of the state over all other persons who are eligible for those appointments and who are standing on the relevant eligible list with a rating equal to that of the person qualifying for the veteran's preference.

(B) All original and promotional appointments in the classified civil service, including appointments made pursuant to section 124.30 of the Revised Code, but not intermittent appointments, shall be for a probationary period, not less than sixty days nor more than one year, to be fixed by the rules of the director for appointments in the civil service of the state, except as provided in section 124.231 of the Revised Code, and except for original appointments to a police department as a police officer or to a fire department as a firefighter which shall be for a probationary period of one year. No appointment or promotion is final until the appointee has satisfactorily served the probationary period. If the service of the probationary employee is unsatisfactory, the employee may be removed or reduced at any time during the probationary period. If the appointing authority decides to remove a probationary employee in the service of the state, the appointing authority shall communicate the removal to the director. A probationary employee duly removed or reduced in position for unsatisfactory service does not have the right to appeal the removal or reduction under section 124.34 of the Revised Code.

Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1979–2026 · leading case: Miracle v. Ohio Dept. of Vets. Servs. (Slip Opinion), 2019 Ohio 3308 (Ohio 2019).
Sort: Relevance Newest Treatment
Miracle v. Ohio Dept. of Vets. Servs. (Slip Opinion), 2019 Ohio 3308 (Ohio 2019). · cites it 25× “A Greeley tort is not available under R.C. 124.27 or 124.56 and, more generally, statutes about public employment ordinarily should not support Greeley claims.”
State ex rel. Rose v. Ohio Dep't of Rehab. & Corr., 746 N.E.2d 1103 (Ohio 2001). · cites it 12× “On October 7, 1999, one day before the conclusion of her one-hundred-eighty-day probationary period, ODRC, through its appointing authority, London Correctional Institution Warden Lawrence Mack, removed Rose pursuant to R.C. 124.27. Warden Mack determined that Rose’s service was…”
Bashford v. City of Portsmouth, 556 N.E.2d 477 (Ohio 1990). · cites it 13× “27 provides, in pertinent part: “* * * [O]riginal appointments to a police department as a policeman or policewoman, or to a fire department as a fire fighter * * * shall be for a probationary period of one year, and no appointment or promotion is final until the appointee has…”
State ex rel. Parsons v. Fleming, 628 N.E.2d 1377 (Ohio 1994). “2d 477 (the R.C. 124.27 subject of probationary employee termination); and State ex rel.”
State ex rel. Conroy v. Williams, 923 N.E.2d 191 (Ohio Ct. App. 2009). · cites it 5× “{¶ 3} Appellee filed this mandamus action on October 20, 2005, seeking to compel McKelvey, then Mayor of Youngstown, and the city to appoint him to the position of police officer in accordance with the “rule-of-ten provision” set forth in R.C. 124.27. On March 13, 2006, appellee…”
Taylor v. City of Middletown, 568 N.E.2d 745 (Ohio Ct. App. 1989). · cites it 5× “Middletown, however, undertook to conduct a competitive examination to establish an eligible list of three persons pursuant to R.C. 124.27 and 124.31, from which the vacancy would be filled.”
State ex rel. Rose v. Ohio Dept. of Rehab. & Corr., 2001 Ohio 95 (Ohio 2001). · cites it 12× “On October 7, 1999, one day before the conclusion of her one-hundred-eighty-day probationary period, ODRC, through its appointing authority, London Correctional Institution Warden Lawrence Mack, removed Rose pursuant to R.C. 124.27. Warden Mack determined that Rose’s service was…”
Hill v. Gatz, 410 N.E.2d 1268 (Ohio Ct. App. 1979). · cites it 4× “Your discharge conforms with Section 124.27 of the Revised Code and is based on the conviction that you showed incompetency and inefficiency in performing your duties on the evening of October 14,1976 when, by your own statement, you allowed a resident, Raymond Shaw, to depart…”
State ex rel. City of Canfield v. Frost, 557 N.E.2d 1206 (Ohio 1990). · cites it 5× “03 should supersede R.C. 124.27. We agree that Section 9.03 represents a valid exercise of home rule, and thus, that the court of appeals erred by applying R.”
Sellers v. Bd. of Review, 440 N.E.2d 550 (Ohio Ct. App. 1981). · cites it 2× “There is a distinct difference between unsatisfactory performance under R.C. 124.27 and just cause for discharge pursuant to R.”
Fraternal Order of Police v. City of Cleveland, 749 N.E.2d 840 (Ohio Ct. App. 2001). · cites it 2× “2d 1074, 1075-1076 , the court held: “R.C. 124.27 requires that once the appointing authority notifies the civil service commission that he has a position to fill, ‘he shall fill such position by appointment of * * * persons certified to him.”
Miracle v. Ohio Dept. of Vets. Servs., 2018 Ohio 819 (Ohio Ct. App. 2018). · cites it 7× “{¶ 11} In moving for dismissal of the first claim, defendants ignored the public policy Miracle stated in his complaint. Defendants, instead, argued that Miracle claimed that R.”
Show all 39 citing cases →
— Ohio Rev. Code § 124.27(B) — 3 cases
Miracle v. Ohio Dept. of Vets. Servs. (Slip Opinion), 2019 Ohio 3308 (Ohio 2019). “A Greeley tort is not available under R.C. 124.27 or 124.56 and, more generally, statutes about public employment ordinarily should not support Greeley claims.”
Miracle v. Ohio Dept. of Vets. Servs., 2018 Ohio 819 (Ohio Ct. App. 2018). “{¶ 11} In moving for dismissal of the first claim, defendants ignored the public policy Miracle stated in his complaint. Defendants, instead, argued that Miracle claimed that R.”
Ungerbuehler v. Kelly, 2026 Ohio 436 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 124.27(C) — 1 case
Fontaine v. Clermont Cnty. Bd. of Commissioners, 633 F. Supp. 2d 530 (S.D. Ohio 2007).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.