Per Curiam.
For the following reasons, we affirm the judgment of the court of appeals in part and reverse it in part.
R.C. 124.44 states in part:
"Whenever a vacancy occurs in the position above the rank of patrolman in a police department, * * * [and there is an eligibility] list * * * the [civil service] commission shall, where there is a vacancy, immediately certify the name of the person having the highest rating, and the appointing authority...
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