State ex rel. Int'l Ass'n of Fire Fighters, Local 1536, AFL-CIO v. Sakacs
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In this employment action, the Supreme Court held that under the plain language of Ohio Rev. Code 124.48, a "vacancy" occurs for competitive promotional examination purposes when the incumbent in the promoted-rank position in the fire department retires and therefore the position must be filled through the process set forth in section 124.48.
Specifically at issue was whether a position is rendered vacant for purposes of section 148.48 when the incumbent in that position retires but is rehired for the same position the next day. The court of appeals concluded that the retirement in question did not create a vacancy. The Supreme Court reversed, holding that whether an incumbent intends to permanently leave a position or to leave with the expectation of immediately returning to that position is irrelevant to the determination of whether the incumbent's leaving creates a vacancy under the terms of section 149.48.
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