Ohio Revised Code

Ohio Rev. Code § 124.48 (2026)

Fire department vacancies

✓ current as of May 2026

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Effective:

July 1, 2008

Latest Legislation:

House Bill 187 - 126th General Assembly

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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. 1981).

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McCarter v. City of Cincinnati, 444 N.E.2d 1053 (Ohio Ct. App. 1981). · cites it 3× “44, 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. 1984). · cites it 8× “Vogeler’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. 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. 1999). · cites it 10× “Brickweg 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 (Ohio 2024). · cites it 4× “But 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 (Ohio 2024). · cites it 2× “But 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 (Ohio Ct. App. 2022). · cites it 9× “{¶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. 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 (Ohio 2020). · cites it 2× “” 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 (Ohio Ct. App. 2011). “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. 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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