In the case of State ex rel. Rimroth v. Harrison, 2022-Ohio-110, the First District Court of Appeals held that the trial court did not err in dismissing an employee’s action against a city regarding a promotion within the city’s fire department.
Here, after a promotional exam was conducted by the city’s fire department and the employee was not promoted to the position of captain, the employee filed an appeal with the Civil Service Commission (“Commission”), and then with the trial court, arguing that the employee should have been promoted.
The Court of Appeals reasoned that the trial court properly dismissed the case as moot since the commission properly complied with the trial court’s mandate to re-administer the promotional exam on remand. The Court further reasoned that after the exam was re-administered, the employee did not file an administrative appeal after another candidate was promoted to captain and as such, the dismissal of the case was proper.
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 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.