DeVENNISH v. CITY OF COLUMBUS

No. 89-2177.

57 Ohio St. 3d 163 (1991)

DEVENNISH, APPELLANT, v. CITY OF COLUMBUS ET AL., APPELLEES.

Supreme Court of Ohio.

Decided February 13, 1991.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease and James E. Phillips, for appellant. Ronald J. O'Brien, city attorney, and Douglas K. Browell, for appellees.

Paul L. Cox, urging reversal for amicus curiae, Fraternal Order of Police of Ohio, Inc.

Cloppert, Portman, Sauter, Latanick & Foley and Robert W. Sauter, urging reversal for amicus curiae, Fraternal Order of Police, Capital City Lodge No. 9.

Thompson, Hine & Flory and William C. Moul, urging reversal for amicus curiae, International Association of Firefighters, Local Union No. 67.

Linda K. Fiely, urging reversal for amicus curiae, Ohio Civil Service Employees Association/AFSCME, Local 11, AFL-CIO.

Lee I. Fisher, attorney general, and Barbara A. Serve, urging reversal for amicus curiae, State Employment Relations Board.


DOUGLAS, J.

The issue before us is whether DeVennish's eligibility for the 1986 sergeant's promotional examination is to be determined by applying the criteria contained in Section E, Article 15 of the collective bargaining agreement or, alternatively, whether the commission's requirement governs DeVennish's examination eligibility. If Section E, Article 15 applies, DeVennish was eligible for the examination at the time he submitted his application since the agreement...

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