The names of the examinees who have passed the examination shall be placed on the eligible list in accordance with their grades. The examinee receiving the highest grade shall be placed first on the list. If two or more examinees receive the same grade, seniority in the fire department service shall determine the order of their names. The person having the highest position on the list shall be appointed in the case of a vacancy. Eligible lists established as provided in this section shall continue for two years. If a vacancy occurs prior to the expiration of the two-year period, the list shall continue for the purpose of filling the vacancy until the vacancy has been filled.
If an eligible list exists and a vacancy occurs that may be filled from that list, the vacancy shall be filled within a period of not more than ten days from the date of the vacancy.
State ex rel. East Cleveland Ass'n of Firefighters, Local 500 v. City of East Cleveland, 533 N.E.2d 282 (Ohio 1988). · cites it 2ד46, which provides as follows: “The names of the examinees shall be placed on the eligible list in accordance with their grades; the one receiving the highest grade shall be placed first on the list. In the event two or more examinees receive the same grade, seniority in the…”
Vogeler v. City of Cincinnati, 476 N.E.2d 676 (Ohio Ct. App. 1st Dist. 1984). · cites it 4דBelieving that the eligibility list on which Vogeler’s name stood first had lapsed pursuant to R.C. 124.46, the city thereafter conducted a second set of competitive examinations to determine which officer in the rank of captain would be elevated to fill the separate vacancy…”
State ex rel. Lightfield v. Vill. of Indian Hill, 633 N.E.2d 524 (Ohio 1994). “2d 282 , we held that the charter conflicted with and superseded state law because it enabled the city to promote fire fighters in a manner contrary to R.C. 124.46. In the present case, the Indian Hill Charter authorizes rule-making authority by directing the village council to…”
Mayfield Heights Fire Fighters Ass'n v. DeJohn, 622 N.E.2d 380 (Ohio Ct. App. 8th Dist. 1993). “As a consequence, the terms of the agreement supersede those of R.C. 124.46 and 124.48 which would automatically require the appointment of the first person on the eligible list.”
State ex rel. Bednar v. City of North Canton, 69 Ohio St. 3d 278 (1994). “In that case, home rule authority prevailed over R.C. 124.46, which required the appointment of the examinee with the highest examination grade in case of a vacancy in the rank of lieutenant on the fire department.”
Youngblood v. Dalzell, 625 F. Supp. 30 (S.D. Ohio 1985). · cites it 2דO.R.C. § 124.46. Otherwise persons are simply promoted in rank order during the life of the eligibility list whenever a vacancy occurs.”
State ex rel. Bednar v. N. Canton, 69 Ohio St. 3d 278 (1994). “In that case, home rule authority prevailed over R.C. 124.46, which required the appointment of the examinee with the highest examination grade in case of a vacancy in the rank of lieutenant on the fire department.”
Deemer v. Ashtabula City Civil Serv. Comm'n, 707 N.E.2d 20 (Ohio Ct. App. 11th Dist. 1997). · cites it 2דR.C. 124.46, concerning eligible lists of firemen, provides in relevant part: “The names of the examinees shall be placed on the eligible list in accordance with their grades; the one receiving the highest grade shall be placed first on the list.”
Roper v. City Of Cincinnati Fire Dep't, No. 1:22-cv-00652 (S.D. Ohio July 11, 2023). · cites it 4דThe person with the highest grade “shall be appointed in the case of a vacancy.”
State ex rel. Sporar v. Mayfield Heights, 6 Ohio App. Unrep. 258 (Ohio Ct. App. 8th Dist. 1990). · cites it 5דRelator contends that he is entitled to be promoted because he was first on the eligible list at the time the May 7, 1987 vacancy occurred and R.C. 124.46 and 124.48 1 require appointment of the person who is first on the eligible list.”
Roper v. City Of Cincinnati Fire Dep't, No. 1:22-cv-00652 (S.D. Ohio July 31, 2025). “) Pursuant to Ohio Revised Code § 124.46, Defendant filled those eleven positions in order of the applicants’ ranking on the promotional list.”
Norris v. City of Elyria, 2011-Ohio-4169, 959 N.E.2d 592. “See R.C. 124.46 (“The person having the highest position on the list shall be appointed in the case of a vacancy”); R.”
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