SER FIRE FIGHTERS 1536 v. SAKACS

No. 2022-0988.

224 N.E.3d 1110 (2023)

172 Ohio St.3d 462

2023-Ohio-2976

The STATE EX REL. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, Local 1536, AFL-CIO, Appellant, v. Joseph SAKACS, Mayor, et al., Appellees.

Supreme Court of Ohio.

Decided August 29, 2023.


Attorney(s) appearing for the Case

Diemert & Associates Co., L.P.A., Joseph W. Diemert Jr. , Thomas M. Hanculak , and Mark V. Guidetti , Mayfield Heights, for appellant.

Frost Brown Todd, L.L.C., Alexander L. Ewing , and Charles B. Galvin , West Chester; and Employment Law Partners, L.L.C., and Stuart G. Torch , Cleveland, for appellee James G. Powers.

Hanna, Campbell & Powell, L.L.P., and John D. Latchney , Medina, for appellees city of Wickliffe, city of Wickliffe Civil Service Commission, and Mayor Joseph Sakacs.

Livorno & Arnett Co., L.P.A., and Henry A. Arnett, Columbus, urging reversal for amicus curiae Ohio Association of Professional Fire Fighters.

Fraternal Order of Police of Ohio, Inc., and Gwen E. Callender, Columbus, urging reversal for amicus curiae Fraternal Order of Police of Ohio, Inc.

Fishel, Downey, Albrecht & Riepenhoff, L.L.P., and Marc A. Fishel, Columbus, urging affirmance for amicus curiae Ohio Public Employers Labor Relations Association.


{¶ 1} When a vacancy occurs in a promoted-rank position in a fire department and no list of eligible candidates for that position exists, the position must be filled through the competitive promotional-examination process. See R.C. 124.48. The question we are asked to decide in this discretionary appeal is what...

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