Whenever a vacancy occurs in a promoted rank in a fire department and no eligible list for that rank exists, the appointing authority shall certify the fact to the civil service commission. The civil service commission, within sixty days of the vacancy, shall conduct a competitive promotional examination. After the examination has been held, an eligible list shall be established, and the civil service commission shall certify to the appointing authority the name of the person on the list receiving the highest grade. Upon the certification, the appointing authority shall appoint the person so certified within ten days.
When an eligible list exists and a vacancy occurs in a position for which the list was established, the appointing authority shall certify the fact to the civil service commission. The person standing highest on the list shall be certified to the appointing authority, and that person shall be appointed within ten days.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1981–2024 · leading case: McCarter v. City of Cincinnati, 444 N.E.2d 1053 (Ohio Ct. App. 1st Dist. 1981).
McCarter v. City of Cincinnati, 444 N.E.2d 1053 (Ohio Ct. App. 1st Dist. 1981). · cites it 3ד44, as there is under R.C. 124.48 in the case of a vacancy in the fire department.”
Vogeler v. City of Cincinnati, 476 N.E.2d 676 (Ohio Ct. App. 1st Dist. 1984). · cites it 8דVogeler’s request for declaratory and injunctive relief in the court below was predicated upon the theory that the retirement of either Phelps or Schmolt created a vacancy in the rank of assistant chief that the department was required to fill in accordance with R.C. 124.48 1 by…”
State ex rel. Hrelec v. City of Campbell, 765 N.E.2d 402 (Ohio Ct. App. 7th Dist. 2001). “Pursuant to R.C. 124.48, when a vacancy occurs in a promoted rank in a fire department, and an eligibility list is in existence, the appointing authority, in this case the mayor, shall certify the fact to the civil service commission.”
Brickweg v. City of St. Bernard, 727 N.E.2d 164 (Ohio Ct. App. 1st Dist. 1999). · cites it 10דBrickweg argued that if CSC had followed the requirements of R.C. 124.48 and Rule XII of the *192 Civil Service Rules of the city of St.”
State ex rel. Johnson v. Higgins, 2024-Ohio-5174, 250 N.E.3d 74. · cites it 4דBut R.C. 124.48, a statutory provision related to fire-department vacancies, also requires competitive examinations for promoted-rank fire-department positions.”
State ex rel. Johnson v. Higgins, 2024-Ohio-5174, 250 N.E.3d 74. · cites it 2דBut R.C. 124.48, a statutory provision related to fire-department vacancies, also requires competitive examinations for promoted-rank fire-department positions.”
State ex rel. Internatl. Assn. of Fire Fighters v. Barbish, 2022-Ohio-2201, 192 N.E.3d 548. · cites it 9ד{¶21} Pursuant to R.C. 124.48: Whenever a vacancy occurs in a promoted rank in a fire department and no eligible list for that rank exists, the appointing authority shall certify the fact to the civil service commission.”
In re Appeal of Petrak, 480 N.E.2d 1136 (Ohio Ct. App. 12th Dist. 1984). “45), the filing of vacancies (R.C. 124.48), increases in salary for educational achievements (R.”
State ex rel. Ohio Patrolmen's Benevolent Assn. v. Warren (Slip Opinion), 2020-Ohio-5372, 164 N.E.3d 440. · cites it 2ד” But the First District Court of Appeals held that the fact that a position was abolished whenever a vacancy occurred was inconsistent with R.C. 124.48, a statute similar to R.C. 124.”
Norris v. City of Elyria, 2011-Ohio-4169, 959 N.E.2d 592. “Although examination takers are given some credit for seniority, whoever scores highest on the exam is placed first on an eligibility list, from which all promotions occur.”
State ex rel. Sporar v. Mayfield Heights, 6 Ohio App. Unrep. 258 (Ohio Ct. App. 8th Dist. 1990). “" R.C. 124.48 ("Filling of vacancies") provides, in part: "*** [T|he civil service commission shall certify to the appointing authority the name of the person receiving the highest grade [on a competitive promotional examination).”
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