(A) Classified positions in the civil service may be filled without competition as follows:
(1) Whenever there are urgent reasons for filling a vacancy in any position in the classified civil service and the director of administrative services is unable to certify to the appointing authority, upon its request, a list of persons eligible for appointment to the position after a competitive examination, the appointing authority may fill the position by noncompetitive examination.
A temporary appointment may be made without regard to the rules of sections 124.01 to 124.64 of the Revised Code. Except as otherwise provided in this division, the temporary appointment may not continue longer than one hundred twenty days, and in no case shall successive temporary appointments be made. A temporary appointment longer than one hundred twenty days may be made if necessary by reason of sickness, disability, or other approved leave of absence of regular officers or employees, in which case it may continue during the period of sickness, disability, or other approved leave of absence, subject to the rules of the director.
(2) In case of a vacancy in a position in the classified civil service where peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character are required, and upon satisfactory evidence that for specified reasons competition in this special case is impracticable and that the position can best be filled by a selection of some designated person of high and recognized attainments in those qualities, the director may suspend the provisions of sections 124.01 to 124.64 of the Revised Code that require competition in this special case, but no suspension shall be general in its application. All such cases of suspension shall be reported in the annual report of the director with the reasons for each suspension. The director shall suspend the provisions when either of the following applies:
(a) The director of job and family services provides the certification under section 5101.051 of the Revised Code that a position with the department of job and family services can best be filled if the provisions are suspended;
(b) The medicaid director provides the certification under section 5160.051 of the Revised Code that a position with the department of medicaid can best be filled if the provisions are suspended.
(3) Except as provided in division (D) of this section, in case of a vacancy in a position in the classified civil service in a police department, on satisfactory evidence that for specified reasons competition in this special case is impracticable and that the position can best be filled by a selection of some designated person holding a specialized certification, possessing peculiar and exceptional qualifications, or having completed a police cadet training program through the police department, the director of administrative services may suspend the provisions of sections 124.01 to 124.64 of the Revised Code that require competition in this special case, but no suspension shall be general in its application.
(B) The acceptance or refusal by an eligible person of a temporary appointment under division (A)(1) of this section shall not affect the person's standing on the eligible list for permanent appointment, nor shall the period of temporary service be counted as a part of the probationary service in case of subsequent appointment to a permanent position.
(C) Persons who receive temporary or intermittent appointments under division (A)(1) of this section are in the unclassified civil service and serve at the pleasure of their appointing authority.
(D) Division (A)(3) of this section does not apply to a vacancy in a position in the classified civil service in a police department that must be filled by promotion as prescribed in section 124.44 of the Revised Code.
Last updated December 29, 2025 at 1:52 PM
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1979–2024 · leading case: State ex rel. Deiter v. McGuire, 894 N.E.2d 680 (Ohio 2008).
State ex rel. Deiter v. McGuire, 894 N.E.2d 680 (Ohio 2008). · cites it 4דThe court held that a competitive examination for the existing officials was impracticable to fill the police chief position and that the position could best be filled by a “designated person of high and recognized attainments in qualities of scientific, managerial, professional…”
State Ex Rel. Hrelec v. City of Campbell, 765 N.E.2d 402 (Ohio Ct. App. 2001). · cites it 4דBecause the eligibility list expired on March 16, 1996, during the course of litigation, Hrelec’s counsel wrote to the city, advising that a competitive examination for the position of the fire chief must be given within sixty days in accordance with R.C. 124.30 and 124.48.…”
Allen v. Ohio Dep't of Job & Fam. Servs., 697 F. Supp. 2d 854 (S.D. Ohio 2010). · cites it 2דDefendants explain that State agencies are permitted to hire employees to work on an intermittent basis pursuant to O.R.C. § 124.30, however, the amount of time that an intermittent may work is limited.”
State ex rel. Rose v. Ohio Dep't of Rehab. & Corr., 746 N.E.2d 1103 (Ohio 2001). · cites it 2ד144 (which enacted the version applicable to Rose), it provided: “All original and promotional appointments, including provisional appointments made pursuant to section 124.30 of the Revised Code, shall be for a probationary period, not less than sixty days nor more than one…”
Eng'g Technicians Ass'n v. Ohio Dep't of Transp., 593 N.E.2d 472 (Ohio Ct. App. 1991). · cites it 2דPlaintiffs seek to distinguish Stauffer , contending that R.C. 124.30(A), rather than R.C. 124.31(A), applies to this case.”
Glasstetter v. Rehab. Servs. Comm., 2014 Ohio 3014 (Ohio Ct. App. 2014). · cites it 2ד271 provides: "Any employee in the classified service of the state * * * who is appointed to a position under section 124.30 of the Revised Code, and either demonstrates merit and fitness for the position by successfully completing the probationary period for the position or…”
Yarosh v. Becane, 406 N.E.2d 1355 (Ohio 1980). “27 which provides: “The head of a department, office or institution, in which a position in the classified service is to be filled, shall notify the director of administrative services of the fact, and the director shall, except as otherwise provided in this section and sections…”
Hill v. Gatz, 410 N.E.2d 1268 (Ohio Ct. App. 1979). · cites it 2ד30 of the Revised Code, shall be for a probationary period, not less than sixty days nor more than one year***and no appointment or promotion is final until the appointee has satisfactorily served his probationary period. * * *If the service of the probationary employee is…”
Int'l Union, United Auto. Workers v. McFaul, 764 N.E.2d 468 (Ohio Ct. App. 2001). · cites it 28דOn appeal, the sheriff contends that the court erred in three respects: one, by finding that R.C. 124.30 is not applicable to provisional promotions; two, by overruling his determination that urgent reasons existed to justify the promotions; and three, by concluding that the…”
Ohio Patrolmen's Benevolent Ass'n v. McFaul, 760 N.E.2d 31 (Ohio Ct. App. 2001). · cites it 4דODAS urges that its appeal is not moot, asserting that it raises an issue, regarding its power to authorize provisional promotions for urgent reasons under R.C. 124.30, which is “capable of repetition yet evading review.”
State ex rel. Rose v. Ohio Dept. of Rehab. & Corr., 2001 Ohio 95 (Ohio 2001). · cites it 2ד144 (which enacted the version applicable to Rose), it provided: “All original and promotional appointments, including provisional appointments made pursuant to section 124.30 of the Revised Code, shall be for a probationary period, not less than sixty days nor more than one…”
Moore v. Agin, 465 N.E.2d 1293 (Ohio 1984). · cites it 4דAppellants’ argument fails to allow for the provisions of R.C. 124.30(B). This statute was enacted for the purpose of providing a means for suspending the competition requirements of R.”
Eng'g Technicians Ass'n v. Ohio Dep't of Transp., 593 N.E.2d 472 (Ohio Ct. App. 1991). “Plaintiffs seek to distinguish Stauffer , contending that R.C. 124.30(A), rather than R.C. 124.31(A), applies to this case.”
State Ex Rel. Hrelec v. City of Campbell, 765 N.E.2d 402 (Ohio Ct. App. 2001). “Because the eligibility list expired on March 16, 1996, during the course of litigation, Hrelec’s counsel wrote to the city, advising that a competitive examination for the position of the fire chief must be given within sixty days in accordance with R.C. 124.30 and 124.48.…”
Ohio Patrolmen's Benevolent Ass'n v. McFaul, 760 N.E.2d 31 (Ohio Ct. App. 2001). “ODAS urges that its appeal is not moot, asserting that it raises an issue, regarding its power to authorize provisional promotions for urgent reasons under R.C. 124.30, which is “capable of repetition yet evading review.”
Int'l Union, United Auto. Workers v. McFaul, 764 N.E.2d 468 (Ohio Ct. App. 2001). “On appeal, the sheriff contends that the court erred in three respects: one, by finding that R.C. 124.30 is not applicable to provisional promotions; two, by overruling his determination that urgent reasons existed to justify the promotions; and three, by concluding that the…”
Moore v. Agin, 465 N.E.2d 1293 (Ohio 1984). “Appellants’ argument fails to allow for the provisions of R.C. 124.30(B). This statute was enacted for the purpose of providing a means for suspending the competition requirements of R.”
State Ex Rel. Hrelec v. City of Campbell, 765 N.E.2d 402 (Ohio Ct. App. 2001). “Because the eligibility list expired on March 16, 1996, during the course of litigation, Hrelec’s counsel wrote to the city, advising that a competitive examination for the position of the fire chief must be given within sixty days in accordance with R.C. 124.30 and 124.48.…”
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