Ohio Revised Code

Ohio Rev. Code § 124.46 (2026)

Fire department eligibility lists

✓ current as of May 2026

Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Effective:

July 1, 2007

Latest Legislation:

House Bill 187 - 126th General Assembly

PDF:

Download Authenticated PDF

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.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1984–2025 · leading case: State ex rel. East Cleveland Ass'n of Firefighters, Local 500 v. City of East Cleveland, 533 N.E.2d 282 (Ohio 1988).

Sort: Relevance Newest Treatment

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 2× “46, 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. 1984). · cites it 4× “Believing 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 “2d 282 , we held that the charter conflicted with and superseded state law because it enabled the city to promote fire fighters in a manner contrary to R.C. 124.46.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. 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 (Ohio 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 2× “O.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, 1994 Ohio 89 (Ohio 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. 1997). · cites it 2× “R.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 (S.D. Ohio 2023). · cites it 4× “The 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. 1990). · cites it 5× “Relator 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 (S.D. Ohio 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 (Ohio Ct. App. 2011). “See R.C. 124.46 (“The person having the highest position on the list shall be appointed in the case of a vacancy”); R.”

Show all 13 citing cases →

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.