Opinion
No. 83-659
Decided June 13, 1984.
Municipal corporations — Public employment — Civil service — Competitive promotional examination for chief of police — Mayor must appoint person scoring highest on examination, when.
APPEAL from the Court of Appeals for Cuyahoga County.
This case is before the court as a matter of right pursuant to an appeal from the issuance of a writ of mandamus by the court of appeals.
David C. Krieger, relator-appellee, is a sergeant with the city of Broadview Heights Police Department and, on November 10, 1982, participated in a competitive promotional examination given by the Broadview Heights Civil Service Commission for the position of chief of police. By letter dated December 10, 1982, Krieger was certified by the commission to the mayor and the city of Broadview Heights, respondents-appellees, as the person who had received the highest rating on the examination for chief of police.
William Bittle, Mayor of Broadview Heights, refused to appoint Krieger to the position of chief of police because the civil service commission had not certified to him the names of the three persons receiving the highest scores on the examination from which the mayor could select the one to be appointed chief of police. Respondents contend the rules of the civil service commission require that three names be given to the mayor in this situation.
Relator brought this original action to compel respondents to appoint him to the position of chief of police of Broadview Heights.
Mr. Thomas E. O'Toole, for appellee.
Mr. Joseph W. Diemert, Jr., director of law, for appellants.
The Charter of the city of Broadview Heights, Ohio, provides in Section 9(c)(2), Article V that the civil service commission shall "* * * in all matters not in conflict with this Charter * * * conduct its affairs in accordance with the provisions of general law." The relevant general law here is R.C. 124.44 which requires civil service commissions to hold examinations for promotions in police departments and then "certify to the appointing officer the name of the person receiving the highest rating."
In State, ex rel. Pell, v. Westlake (1980), 64 Ohio St.2d 360 [18 O.O.3d 514], this court was confronted with a similar issue and charter provision. This court, in Westlake, held that the charter language compelled the city of Westlake to appoint the person with the highest rating in accordance with R.C. 124.44, even though a Westlake ordinance required the appointment of any one of three candidates receiving the highest ratings on the competitive examination.
In view of the fact that the Charter of Broadview Heights mandates that a promotion to chief of police be in accordance with general law, it is not necessary for the court to review the municipal civil service commission rules vis-a-vis any conflict with R.C. 124.44. R.C. 124.44 controls the instant case. Appellee, having been certified by the civil service commission as the person receiving the highest rating, is entitled to a writ of mandamus ordering his promotion to the position of chief of police.
By reason of the foregoing the judgment of the court of appeals is affirmed.
Judgment affirmed.
CELEBREZZE, C.J., W. BROWN, SWEENEY, LOCHER, HOLMES and C. BROWN, JJ., concur.
J.P. CELEBREZZE, J., not participating.