STATE EX REL. CHARLTON v. CORRIGAN

No. 86-1969.

36 Ohio St. 3d 68 (1988)

THE STATE, EX REL. CHARLTON ET AL., APPELLEES, v. CORRIGAN, PROS. ATTY., ET AL.; GAUL, TREAS., APPELLANT.

Supreme Court of Ohio.

Decided April 13, 1988.


Attorney(s) appearing for the Case

John C. Meros, for appellees.

John T. Corrigan, prosecuting attorney, and Kevin Purcell, for appellant.

Anthony G. Pizza, prosecuting attorney, and Louise A. Fender, urging reversal for amicus curiae, Lucas County Treasurer.


HOLMES, J.

The instant action is one to compel the county treasurer to place his employees within the classified civil service and thus outside the treasurer's discretion to hire, fire, and promote. The treasurer has objected, asserting that his employees hold either an administrative or fiduciary relationship to him. The statutory authority for this contention is R.C. 124.11(A)(9) which excludes from the classified service, in pertinent part:

"The deputies...

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