Ohio Rev. Code » Chapter 124
Ohio Revised Code

Ohio Rev. Code § 124.44 (2026)

Police department promotions

✓ current as of May 2026
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Effective:
July 1, 2007
Latest Legislation:
House Bill 187 - 126th General Assembly
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No positions above the rank of patrol officer in the police department shall be filled by original appointment. Vacancies in positions above the rank of patrol officer in a police department shall be filled by promotion from among persons holding positions in a rank lower than the position to be filled. No position above the rank of patrol officer in a police department shall be filled by any person unless the person has first passed a competitive promotional examination. Promotion shall be by successive ranks insofar as practicable, and no person in a police department shall be promoted to a position in a higher rank who has not served at least twelve months in the next lower rank. A municipal civil service commission may require a period of service of longer than twelve months for promotion to the rank immediately above the rank of patrol officer.

No competitive promotional examination shall be held unless there are at least two persons eligible to compete. Whenever a municipal or civil service township civil service commission determines that there are less than two persons holding positions in the rank next lower than the position to be filled, who are eligible and willing to compete, the commission shall allow the persons holding positions in the then next lower rank who are eligible, to compete with the persons holding positions in the rank lower than the position to be filled.

An increase in the salary or other compensation of anyone holding a position in a police department, beyond that fixed for the rank in which that position is classified, shall be deemed a promotion, except as provided in section 124.491 of the Revised Code.

If a vacancy occurs in a position above the rank of patrol officer in a police department, and there is no eligible list for such rank, the municipal or civil service township civil service commission shall, within sixty days of that vacancy, hold a competitive promotional examination. After the examination has been held and an eligible list established, the commission shall forthwith certify to the appointing officer the name of the person on the list receiving the highest rating. Upon the certification, the appointing officer shall appoint the person so certified within thirty days from the date of the certification. If there is a list, the commission shall, when there is a vacancy, immediately certify the name of the person on the list having the highest rating, and the appointing authority shall appoint that person within thirty days from the date of the certification.

No credit for seniority, efficiency, or any other reason shall be added to an applicant's examination grade unless the applicant achieves at least the minimum passing grade on the examination without counting that extra credit.
Notes of Decisions
Cited in 55 cases (3 in the last 5 years), 1981–2022 · leading case: State ex rel. Bardo v. City of Lyndhurst, 524 N.E.2d 447 (Ohio 1988).
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State ex rel. Bardo v. City of Lyndhurst, 524 N.E.2d 447 (Ohio 1988). · cites it 16× “44 to certify and promote the highest-rated person on the current eligibility list when a vacancy occurs. The respondents contend that the city’s home rule charter supersedes the statutory provisions, allowing the commission’s rules to apply and the commission to certify someone…”
State ex rel. Deiter v. McGuire, 894 N.E.2d 680 (Ohio 2008). · cites it 11× “Pursuant to R.C. 124.44, appellees Fostoria and the Fostoria Civil Service Commission conducted a competitive promotional examination for police chief.”
State ex rel. Lightfield v. Vill. of Indian Hill, 633 N.E.2d 524 (Ohio 1994). · cites it 12× “The main issue before this court is whether the Indian Hill Charter expressly conflicts with R.C. 124.44 regarding police promotions such that it supersedes R.”
State ex rel. Meyers v. City of Columbus, 646 N.E.2d 173 (Ohio 1995). · cites it 7× “” In contrast to the foregoing charter provision, R.C. 124.44 specifies: “ * * * Whenever a vacancy occurs in the position above the rank of patrolman in a police department, and there is no eligible list for such rank, the municipal or * * * township civil service commission…”
McCarter v. City of Cincinnati, 444 N.E.2d 1053 (Ohio Ct. App. 1981). · cites it 10× “The principal questions presented in this appeal are (1) whether the Cincinnati City Manager must affirmatively declare the existence of a vacancy in the rank of police captain before the civil service commission can hold a competitive promotional examination for eligible police…”
State ex rel. Hanley v. Roberts, 476 N.E.2d 1019 (Ohio 1985). · cites it 4× “Upon such certification, the appointing officer shall appoint the person so certified within thirty days from the date of such certification.”
Zavisin v. City of Loveland, 541 N.E.2d 1055 (Ohio 1989). · cites it 8× “The question before this court is the interrelationship between R.C. 124.44, 1 which provides the procedure for pro *160 motion of police patrolmen, and R.”
State ex rel. Fink v. City of Cincinnati, 928 N.E.2d 1152 (Ohio Ct. App. 2010). · cites it 7× “07-44, pursuant to R.C. 124.44, to generate such a list. The following were the top four finishers on this examination: Lieutenant Michael Neville, Lieutenant Teresa Theetge, Lieutenant Russell Neville, and Fink.”
State ex rel. McArthur v. DeSouza, 599 N.E.2d 268 (Ohio 1992). · cites it 3× “R.C. 124.44 provides that “[i]f there is a[n] [eligibility] list, the commission shall, where there is a vacancy, immediately certify the name of the person having the highest rating, and the appointing authority shall appoint such person within thirty days from the date of such…”
Hungler v. City of Cincinnati, 496 N.E.2d 912 (Ohio 1986). · cites it 2× “In Morgan, supra, this court carefully distinguished both the legal and factual bases underlying Gibbons and concluded that Gibbons did not control those situations in which “the municipality actively violated state civil service laws by impermissibly delaying the competitive…”
State ex rel. Bednar v. City of North Canton, 69 Ohio St. 3d 278 (Ohio 1994). · cites it 13× “R.C. 124.44 states in part: “Whenever a vacancy occurs in the position above the rank of patrolman in a police department, * * * [and there is an eligibility] list * * * the [civil service] commission shall, where there is a vacancy, immediately certify the name of the person…”
Morgan v. City of Cincinnati, 496 N.E.2d 468 (Ohio 1986). · cites it 2× “Here, on the other hand, the trial court and court of appeals agree that the municipality actively violated state civil service laws by impermissibly delaying the competitive examination beyond the time required by R.C. 124.44. In such a case, it would be wholly inequitable to…”
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