State ex rel. Johnstone v. Cincinnati
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The Supreme Court reversed the judgment of the court of appeals affirming the decision of the trial court issuing a writ of mandamus to compel the City of Cincinnati to promote Jay Johnstone to the rank of captain, with backpay, holding that the trial court erred.
Johnstone requested to be allowed to participate in a process to be promoted to the position of captain in the City's police department. After an examination, Johnstone was not promoted. Johnstone filed a petition seeking a writ of mandamus, which the trial court issued. The court of appeals affirmed. At issue before the Supreme Court was whether a municipal civil service commission may require that a police officer other than a patrol officer serve more than twelve months in the officer's current rank as a condition for being promoted to a higher rank. The Supreme Court reversed, holding that Ohio Rev. Code 124.44 does not allow a municipal civil service commission to require that a police officer other than a patrol officer serve more than twelve months in the officer's current rank as a condition for promotion.
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