In the case of State ex rel. Rimroth v. City of Harrison, 1st Dist. Hamilton No. C-180691, 2020-Ohio-367, an Ohio appellate court held that, when there is a fault in the adding of seniority points to the exam but no fault in construction of a civil exam for promotion, the correct remedy is to correct the adding of seniority points, not re-administer the exam.
In this case, three candidates took a civil service exam to qualify for promotion to fire chief. One examinee received less than the minimum passing score. That examinee argued that R.C. 124.45 required that seniority points be added to his score, which would result in him passing. The city doing the hiring added the points and that examinee passed and eventually was promoted to fire chief. One of the examinees who originally passed the exam sued to be promoted instead.
The Ohio appellate held that R.C. 124.45 required that seniority points should be added only if an examinee received a minimum passing score first. The Ohio appellate court further held that re-administering the exam would be wrong because the test itself was not challenged as faulty and that the proper remedy would be to evaluate only the original two passing candidates for the position of fire chief.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.