, CIVIL 
 © SERVICE LAWS 
 OF OHIO 
 
 Compiled by 
 Legislative Reference Department 
 
 Published by Direction of 
 Board of Library Commissioners 
 
CIVIL SERVICE LAWS 
 OF OHIO 
 
 COMPILED BY 
 
 LEGISLATIVE REFERENCE DEPARTMENT 
 
 PUBLISHED BY DIRECTION UF 
 
 BoARD OF LIBRARY COMMISSIONERS 
 
 — 
 ad 
 
 COLUMBUS OHI 
 THE F J. Heer P- 
 1915 
 
 Bound at the State Bindery 
 
BOARD OF LIBRARY COMMISSIONERS 
 
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 (2) 
 
Columbus, Ohio, Augtist 28th, 1915. 
 
 Board of Library Commissioners, 
 Columbus, Ohio. 
 
 Gentlemen: — 
 
 I herewith transmit to you a copy of the civil service 
 law of Ohio, enacted at the regular session of the eighty- 
 first General Assembly. With the text of the law are in- 
 cluded references to court decisions and opinions of the 
 Attorney General of Ohio. These are preceded by intro- 
 ductory notes and views of eminent men on civil service 
 reform. 
 
 In the preparation of this publication I have had the 
 assistance of George A. Edge, Mildred Van Schoick and 
 Clara Hack. : 
 
 Very respectfully yours, 
 
 Cc. B. GALBREATH, 
 Director Legislative Reference Department. 
 
 (3) 
 
CONTENTS. 
 
 Page 
 Introductory, Note... 2.6 goo hare ee ee eee 5-9 
 Opinions of; eminent: Mien. +. en ona ee eee 10-19 
 Constitutional “provisiOn gi... ecce. ore 91s eaen oe 20 
 Note on la wot 1916 Caeties) aes he as ee ce oem aes 
 Civil service law of ESR pai as ck ocle eee ne ee 22-61 
 jb tk6 (cS qin re IOP ares citi Pos Saar Ener as ihr Mec iS Se 63-70 
 
INTRODUCTORY NOTE. 
 
 The question of civil service reform is older than the 
 United States. It was agitated in the colonies before the 
 revolution. A recent writer of high authority declares that 
 it was one of the efficient causes of our struggle for inde- 
 pendence. Travelyan, the eminent historian, declares that 
 the use of patronage to influence legislation, and the cre- 
 ation of sinecures for the privileged classes and personal 
 favorites of the British government were powerful agen- 
 cies for the alienation of the colonists. “It was a system,” 
 says he, “which, as its one achievement of first order, 
 brought about the American war and made England sick, 
 once for all, of the very name of personal government.” 
 
 The feeling of the colonists on this subject is reflected 
 in the Declaration of Independence, which includes in its 
 arraignment of King George III, the following: 
 
 “He has made judges dependent on his will alone for the 
 tenure of their offices and the amount and payment of 
 their salaries.” 
 
 “He has created a multitude of new offices, and sent 
 over swarms of officers to harass the people and eat out 
 their substance.” 
 
 Civil Service in the Nation. 
 
 At the close of the revolution our government strove to 
 avoid the evils that it had charged against the mother 
 country. In framing the constitution no fixed term of 
 office was established in the executive branch of.the gov- 
 ernment except for the president and vice-president, and 
 the early statesmen of the Republic opposed the removal 
 of meritorious officers, James Madison going so far as to 
 
 (5) 
 
6 Pa Civit Service Laws or Oni. 
 
 declare that such action on the part of the appointing 
 power was an impeachable offense. For the first forty 
 years the presidents of the United States, down to and in- 
 cluding John Quincy Adams, made no attempt to remove © 
 officials for political or other reasons during good behav- 
 ior and efficient service. 
 
 In 1820 a measure known as the “four year tenure of 
 office act” was passed by congress. This, as its title sug- 
 gests, placed a limit to the term of appointive officials and 
 really paved the way for the introduction of the spoils sys- 
 tem. At first there was no disposition to take advantage 
 of this law. Efficient public servants were reappointed 
 without question at the expiration of their term. About 
 nine years later, however, a movement on an extensive 
 scale was inaugurated to establish what is known as “rota- 
 tion in office.” 
 
 The influence that practically established this “spoils 
 system” in America seems to have originated in the state 
 of New York. The introduction of this system was quietly 
 urged by Martin Van Buren of that state who had great 
 influence with President Jackson. Another statesman 
 from New York, Senator Marcy, supported this new depar- 
 ture, and in attacking Senator Henry Clay, who was op- 
 posing the confirmation of Van Buren for a diplomatic 
 position, Marcy gave expression to the words frequently 
 attributed to President Jackson: ‘To the victor belongs 
 the spoils of the enemy.” 
 
 Under the administration of President Jackson and 
 the shrewd manipulation of Martin Van Buren, the spoils 
 system grew rapidly. ' 
 
 Once firmly established, no succeeding administration 
 seemed to have the power to resist it. Those that were 
 out of office usually denounced it, only to prove their 
 apostasy to their professions when they were themselves 
 elevated to power. 
 
 The system reached every department of the national 
 government and spread to all of the states. President 
 
Intropuctory Note. 7 
 
 Grant strove in vain to check its progress. It grew rapidly 
 until it culminated in the assassination of President Gar- 
 field. This deed smote the conscience of the nation and 
 greatly strengthened the supporters of civil service reform, 
 who, against great odds, for years had been attempting 
 to enlist in their cause the executive officers of the gov- 
 ernment and the members of congress. 
 
 The congress that assembled in December, 1882, the 
 year after the death of Garfield, took up and seriously con- 
 sidered the civil service bill which had been introduced 
 earlier by Hon. George H. Pendleton, Senator from Ohio. 
 The debate on this measure sets forth in detail the argu- 
 ments against the system of partisan appointments. The 
 opposition to the bill labored under great difficulties, and, 
 facing certain defeat, their arguments were somewhat 
 lacking in force and vigor. In the Senate the measure 
 carried by a vote of 388 to 5; in the House by a vote of 155 
 to 47. This law, which is generally known as the Pendle- 
 ton act, is the national civil service law of today. 
 
 Civil Service In the States. 
 
 New York and Pennsylvania were conspicuous in the 
 adoption of the “spoils system” before it was introduced 
 by the general government. In time all of the states fol- 
 lowed their example. Coincident with the movement for 
 the adoption of the merit system in the nation, there devel- 
 oped an effort to introduce it into states and municipal- 
 ities. Civil service laws were enacted by New York in 
 1883; Massachusetts in 1884; Wisconsin in 1905; Colorado 
 in 1907; New Jersey in 1908; Illinois and Connecticut in 
 1911; Ohio and California in 1913. The Ohio law was 
 materially modified in 1915. The revision is included in 
 this publication. ; 
 
 The merit system was recognized by constitutional 
 provision in New York, 1894; in Ohio, 1912. 
 
8 Crvit Service Laws or Onto. 
 
 Do the People Wish Civil Service Reform? 
 
 This question is answered by Albert Bushnell Hart, a 
 conservative writer of high authority, as follows: 
 
 “Do the people wish administrative reform? Yes, 
 they wish it; but very much as they wish virtue and the 
 rights of man. They wish the reform brought about, but 
 brought about by somebody elise, without responsibility 
 on them or on their legislators. On the other hand, they 
 make it clear to their representative and to the political 
 parties that the reform is not a thing that it is safe to 
 oppose. They wish the executive to enforce it impartially. 
 They wish the civil service commission to show pluck: 
 and the vigorous action of the commission, whenever it 
 finds evasion of the law, will have the hearty approval 
 of public sentiment.” 
 
 Thus wrote Professor Hart in 1893. He complained of 
 difficulty in determining the attitude of the people toward 
 civil service reform. At that timé no considerable number 
 of electors had voted directly on this system. 
 
 Since that date, however, we have had in two sep- 
 arate states, where this reform had not been long or vigor- 
 ously agitated, a rather convincing test of the attitude of 
 the people. 
 
 In November of 1910, Hlinois, which previously had a 
 limited merit system in its state benevolent institutions, 
 submitted to the electors for advisory instruction the ques- 
 tion of civil service for the entire state with the following 
 result: 
 
 For. cl yill servicer cacon ath eee ee 411,676 
 Azainst civil: service... tees eee P2E ASS 
 Majority for: civil serviee=s. s,s: ae . 290,543 
 
 The constitutional convention of Ohio in 1912 sub- 
 mitted to the people a state wide civil service amendment 
 
Intropuctory Note. y 
 
 to the constitution, which was voted on at the special elec- 
 tion held September 3d of that year, with the following 
 result: 
 
 HOtecClvllin SCPVICOL etek t ori ee ose 306,767 
 APaINSt Civil service --4 2. os cc Be ee 204,580 
 Majority for civil service............. 102,187 
 
 The ambitious and weatherwise politician, who, in 
 conference with his “workers” and retainers, is tempted 
 at times to deride civil service reform, may find it to his 
 advantage to ponder the foregoing brief but significant 
 election statistics. - 
 
OPINIONS OF EMINENT MEN. 
 
 Scarcely a day passes in which applications of one 
 kind or another do not arrive; insomuch that, had I not 
 early adopted some general principles, I should before this 
 time have been wholly occupied in this business. As it is, 
 I have found the number of answers, which I have been 
 necessitated to give in my own hand, an almost insupport- 
 able burden to me. The points in which all these answers 
 have agreed in substance are, that, should it be my lot to 
 go again into public office, I would go without being under 
 any possible engagements of any nature whatsoever; that, 
 so far as I knew my own heart, I would not in the remotest 
 degree be influenced in making nominations by motives 
 arising from the ties of family or blood; and that, on the 
 other hand, three things, in my opinion, ought principally 
 to be regarded, namely: the fitness of character to fill 
 offices, the comparative claims from the former merits and 
 sufferings in service of the different candidates, and the 
 distribution of appointments in as equal a proportion as 
 might be to persons belonging to the different States of 
 
 the Union. : 
 George Washington. 
 
 I could not, in, any case, think it just to turn out those 
 in possession who have behaved well, merely to put others 
 in. I have not, therefore, had a single appointment to 
 
 make. 
 Thomas Jefferson, Apr. 13, 1790. 
 
 When I came into office, I found clerkships ali filled 
 by gentlemen who had been in them several years and 
 who to the title of possession added that of irreproachable 
 
 (10) 
 
OPINIoNS oF EMINENT MEN. 11 
 
 conduct. I have, therefore, not had a single appointment 
 
 t ake. 
 ase Thomas Jefferson, Jan. 18, 1791. 
 
 It [the four years’ term of office act of 1820] intro- 
 duces a principle of intrigue and corruption, which will 
 soon leaven the mass, not only of Senators, but of citizens. 
 It is more baneful than the attempt which failed at the 
 beginning of the government, to make all officers irre- 
 movable but with the consent of the Senate. This places, 
 every four years, all appointments under their power, and 
 even obliges them to act on every one nomination. It 
 will keep in constant excitement all the hungry cor- 
 morants for office, and render them, as well as those in 
 place, sycophants to their Senators, engage these in eter- 
 nal intrigue to turn out one and put in another, in cabals 
 to swap work; and make them what all executive direc- 
 tories become, mere sinks of corruption and faction. 
 
 Thomas Jefferson, Nov. 29, 1820. 
 
 You call my attention with much emphasis to the 
 principle openly avowed by the President and his friends, 
 that offices and emoluments were the spoils of victory, 
 the personal property of the successful candidate for the 
 presidency, to be given as rewards for electioneering 
 services, and in general to be used as a means of reward- 
 ing those who support, and of punishing those who do 
 not support the dispenser of the fund. I fully agree in 
 all the odium you attach to such a rule of action. But I 
 have not seen any avowal of such a principle by the Pres- 
 ident, and I suspect that few, if any, of his friends would 
 openly avow it, 
 
 James Madison, August 29, 1834. 
 | 
 
 The politicians of the United States are not so fas- 
 tidious as some gentlemen are as to disclosing the prin- 
 
12 Civ, Service Laws or Onto, 
 
 ciples on which they act. They see nothing wrong in the 
 rule that to the victor belongs the spoils of the enemy. 
 
 W. L. Marcy, in U. S. Senate, executive 
 session, Jan. 25, 1832, 
 
 It (the spoils system) is a detestable system, drawn 
 from the worst periods of the Roman republic; and if it 
 were to be perpetuated; if the offices, honors, and dignities 
 of the people were to be put up to a scramble, to be de- 
 cided by the results of every Presidential election, our 
 government. and institutions, becoming intolerable, would 
 finally end in a despotism as inexorable as that at Con- 
 
 stantinople. : ; 
 Henry Clay, in U. S. Senate, executive 
 
 session, Jan. 25, 1832. 
 
 The officer who holds during good behavior soon ac- 
 quires a disposition to regard the office as his own prop- 
 erty or estate, rather than a trust merely, which he ad- 
 ministers, not for his own benefit, but for the benefit of 
 the whole people. And he is not influenced by that direct 
 sense of duty which ought to and would control him if-he 
 was more sensible of a direct accountability to public 
 opinion. The tendency is to hold out temptations to him 
 to abuse his trust, because he can do it with less danger 
 of being deprived of it. 
 
 He who performs his duties well has established no 
 special claim to future favor. He has received his full 
 pay in the manner in which he expected to receive it, 
 when he accepted the office whether it be a pecuniary or 
 an honorary reward. Others are equally entitled with him- 
 self, at all times, and he has no just cause of complaint 
 if he is required to share either honors or emoluments 
 with others. 
 
 Ether Shepley, in U. S. Senate, Feb. 14, 1835. 
 
Opinions oF EMINENT MEN. 13 
 
 The power of giving office * * * affects the fears 
 f all whO are in, and the hopes of all who are out. * * * 
 A competition ensues, not of patriotic labors, not of rough 
 and severe toils for the public good, not of manliness, 
 independence, and public spirit; but of complaisance, of 
 indiscriminate support of executive measures, of pliant 
 subserviency and gross adulation. All throng and rush 
 together to the altar of manworship; and there they offer 
 sacrifices and pour out libations, till the thick fumes of 
 their incense turn their own heads and turn also the head 
 of him who is the object of their idolatry. 
 
 Daniel Webster, in U. S. Senate, Feb. 16, 1835. 
 
 The same party selfishness which drives good men 
 out of office will push bad men in. Political proscription 
 leads necessarily to the filling of offices with incompetent 
 persons, and to a consequent mal-execution of official 
 duties. And in my opinion, this principle of claiming a 
 monopoly of office by the right of conquest, unless the 
 public shall effectually rebuke and restrain it, will entirely 
 change the character of our government. It elevates party 
 above country; it forgets the common weal in the pursuit 
 of personal emolument; it tends to form, it does form, we 
 see that it has formed, a political combination, united by 
 no common principles or opinions among its members, 
 either upon the powers of the government or the true 
 policy of the country; but held together simply as an 
 association, under the charm of a popular head, seeking to 
 maintain possession of the government by a _ vigorous 
 exercise of its patronage, * * #* 
 
 As far as I know, there is no civilized country on 
 earth, in which, on a change of rulers, there is such an 
 inquisition for spoil as we have witnessed in this free re- 
 
 public. 3 
 Daniel Webster, speech at Wooster, Mass., 
 
 Oct. 12, 1832. 
 
14 Civit Service Laws or Onto. 
 
 The construction for which I contend strikes at the: 
 root of that dangerous control which the President would’ 
 have over all who hold office, if the power of appointment . 
 and removal without limitation or restriction were united 
 in him. Let us not be deceived by names. The power in: 
 question is too great for the Chief Magistrate of a free: 
 state. It is in its nature an imperial power, and if he be: 
 permitted to exercise it, his authority must become as: 
 absolute as that of the autocrat of all the Russias. * * *: 
 
 Let the present state of things continue —let it be: 
 understood that none are to acquire the public honors or’ 
 to obtain them but by flattery and base compliance, and! 
 in a few generations the American character will become: 
 utterly corrupt and debased. 
 
 John C. Calhoun, in United States Senate, 
 February, 1835. 
 
 I respectfully call your attention to one abuse of long 
 standing which I would like to see remedied by this Con- 
 gress. It is the reform of the civil service of the country. 
 * * * TI would have it govern, not the tenure but the 
 manner of making all appointments. There is no duty 
 which so much embarrasses the Executive and heads of 
 departments as that of appointments; nor is there any 
 such arduous or thankless labor imposed on senators and 
 representatives as that of finding places for constituents. 
 The present system does not secure the best men, and 
 often not even fit men, for public place. The elevation 
 and purification of the civil service of the government 
 will be hailed with approval by the whole people of the 
 United States. 
 
 U. S. Grant, message to Congress, 
 December 5th, 1870. 
 
 Last year Thomas Hughes, an honored and influential 
 member of the British Parliament, and the intimate per- 
 
Opinions oF EMINENT MEN. 15 
 
 sonal and political friend of the present ministry, declared 
 in a public address before a New York audience that he 
 had no power to secure the appointment of even the hum- 
 blest clerk in the civil service of Great Britain. It will 
 be a proud day for our country when leading members of 
 Congress can say the same thing for themselves in regard 
 to civil service. 
 
 - James A. Garfield, in a speech in Cincinnati, 1871. 
 
 I ask the attention of the public to the paramount 
 necessity of reform in our civil service, a reform not 
 _ merely as to certain abuses and practices of so-called 
 official patronage, which have come to have the sanction 
 of usage in the several departments of our government, 
 but a change in the system of appointment itself, a reform 
 that shall be thorough, radical, and complete; a return to 
 the principles and practices of the founders of the govern- 
 Mmeniea* +: = 
 
 The President of the United States of necessity owes 
 his election to office to the suffrage and zealous labors of 
 a political party, the members of which cherish with ardor, 
 and regard as of essential importance, the principles of 
 their party organization. But he should strive to be al- 
 ways mindful of the fact that he serves his party best 
 who serves his country best. 
 
 Rutherford B. Hayes, in his first inaugural address. 
 
 The existing system which, for want of a better name, 
 I call the “spoils system,’ must be killed or it will kill 
 the Republic. I believe that it is impossible to maintain 
 free institutions in this country upon any basis of that 
 sort. I am no prophet of evil, I am not a pessimist in 
 any sense of the word, but I do believe that, if the present 
 system goes on until 50,000,000 people shall have grown 
 into 100,000,000, and 140,000 officers shall have grown into 
 300,000, with their compensation in proportion, and all shall 
 
16 Civit Service Laws or Oui. 
 
 depend upon the accession of one party or the other to the 
 presidency and to the executive functions, the presidency of 
 the country, if it shall last in name go long, will be put 
 up for sale to the highest bidder, even as in ancient Rome 
 the imperial crown was awarded to those whe could raise 
 the largest fund. 
 
 George H. Pendleton, in U. S. Senate, 
 Dec. 12, 1882. 
 
 If we are to have a just and equitable civil service 
 reform, let it be a reform of the abuses of the party that 
 so long wielded the power of the government and let that 
 reform be put upon the basis that in future competitive 
 examinations, when you ascertain the two highest, the 
 Democrat shall be preferred until one-half the office hold- 
 ers are Democrats. I can see equity in that. 
 
 Joseph E, Brown, in U. S. Senate, 
 Dec. 12, 1882. 
 
 The use of appointments as rewards for party services 
 did not, as it seemed, bind partisans together, after all, 
 as the advocates of the spoils system claimed, or compact 
 and discipline parties for aggressive and successful action. 
 Worked out through its detail of local bosses, senatorial 
 and congressional “influence,” personal favors, the pla- 
 eating of enemies, and the full satisfaction of friends, it 
 must always menace the successful party itself with fac- 
 tional disruption. 
 
 Woodrow Wilson, in A History of the 
 American People. 
 
 Civil service reform should be in good faith enforced. 
 Our citizens have the right to protection from the incom- 
 petency of public employes who hold their places solely 
 as the reward of partisan services, and from the corrupt- 
 ing influence of those who promise and the vicious meth- 
 
lad 
 
 OPINIONS oF EMINENT MEN. 17 
 
 ods of those who expect such rewards; and those who 
 worthily seek public employment have the right to insist 
 that merit and competency shall be recognized instead of 
 party subserviency or the surrender of honest political 
 
 belief. Grover Cleveland, in first inaugural address. 
 
 The merit system is here, and it is here to stay; and 
 we may just as well understand and accept it now, and 
 give our attention to correcting the abuses, if any exist, 
 and improving the law whenever it can be done to the ad- 
 vantage of the public service. 
 
 William McKinley, in U. S. House of Repre- 
 sentatives, Apr. 24, 1890. 
 
 The settled judgment of discreet men in both political 
 parties is adverse to the custom of changing non-political 
 officers on merely political grounds. They believe that it 
 impairs the efficiency of the public service, lowers the 
 standard of political contests and brings reproach upon the 
 government and the people. 
 
 James G. Blaine, in “Twenty Years in 
 Congress.” 
 
 Civil service reform, as embodied in the merit Sys- 
 tem, is simply the application to the public service of the 
 plainest principles of common sense and common honesty. 
 
 Carl Schurz, in speech at Indianapolis, Ind., | 
 Dec. 14, 1899. 
 
 The importance and efficacy of the merit system as 
 the only means of eradication of the spoils system, which 
 so long worked corruption in every department of the gov- 
 ernment, is universally recognized. 
 
 Joseph H. Choate, in speech at Pittsburg, 
 Pa., Dec, 17, 1908. 
 
18 Civit Service Laws or Onto. 
 
 I have seen the growth of the classified service during 
 the comparatively short period I have served in the two 
 houses of Congress, until practically all the routine officers 
 of the government have been placed under competitive 
 examination, and have been removed from the dangers of 
 political changes. 
 
 I think the establishment of that system is now be- 
 yond dispute. I do not think that anyone would propose 
 to go back to the system which existed before 1883. I do 
 not think that the country would endure it for a moment. 
 * * * 
 
 Everybody knows, that when you make the examina- 
 tion non-competitive, it becomes worthless. 
 
 Henry Cabot Lodge, in U. 8S. Senate, 
 Jan. 8, 1909. 
 
 As certain as the world stands the civil service system 
 will eventuate in a life tenure of office. There is no room 
 in a government like ours for life tenure, save and except 
 only the judiciary, where the constitution has ordained It. 
 
 Not only must the system eventuate in a life tenure, 
 but it must likewise eventuate in an office holding class, 
 a class of people whose interest is apart from, and some- 
 times in conflict with the great interests of the American 
 people. The interests of the men who eat the taxes is 
 frequently contrary to the interests of the men who pay 
 the taxes. 
 
 Not only does it mean a life tenure, and an office hold- 
 ing class, but those results lead inevitably to a civil pen- 
 sion list. I came to Congress nearly twenty years ago, 
 and one of the first speeches I delivered was to denounce 
 what I believed then and still believe is a sham and a hum- 
 bug. I declared then that it would lead as unerringly as 
 the night follows the day to a civil pension list. 
 
 Joseph Bailey, in U. S. Senate, Apr. 10, 1909. 
 
OprInions or Eminent MEn. 19 
 
 We have progressed to a point where there is a large 
 degree of efficiency in the civil service, and the best part 
 of it is the relief which senators and members of the 
 House have from the duties which were imposed upon 
 them as recently as when I entered the Senate ten years 
 ago. Chauncey M. Depew, in U. S. Senate, 
 
 Apr. 10, 1909. 
 
 The spoils system is not essential to effective party 
 organization. On the contrary, it tends to keep out of the 
 organization the men whose service would be most effect- 
 ive and to make more difficult the work of the men who 
 take part in the organization with the real purpose of 
 making it accomplish legitimate results. * * ¥* The 
 whole system is pernicious and discreditable to American 
 citizenship. It ought to be done away with, and political 
 parties ought to be brought back to the sole performance 
 of their proper functions as organizations for the promo- 
 tion of principles and policies, free from the control of 
 mere office-trading combinations. 
 
 Elihu Root, in address at Yale University. 
 
 My conviction is that one of the surest paths to better 
 politics and better government service in this country is 
 through the enforcement of a merit system in appoint- 
 ments and promotions in the civil service. 
 
 William H. Taft. 
 
 From the standpoint of office, we have nothing more 
 important in relation to the administration of government 
 than a system —the best that has yet been devised — of 
 securing men of needed capacity by competitive examina- 
 tions wherever such examinations are practicable. I be- 
 lieve in that —I thoroughly endorse it—and I hope to 
 See it extended throughout the states of the Union, 
 
 Charlies E. Hughes, Associate Justice U. g. 
 Supreme Court and former Governor of 
 New York. 
 
CONSTITUTIONAL PROVISION. 
 
 Appointments and promotions in the civil service of 
 the state, the several counties, and cities, shall be made 
 according to merit and fitness, to be ascertained, as far as 
 practicable, by competitive examinations. Laws shall be 
 passed providing for the enforcement of this provision. — 
 Article XV, Section 10. 
 
 (20) 
 
NOTE. 
 
 The law on the following pages was approved May 28, 
 1915, filed with the Secretary of State-June 1st, and be 
 came operative ninety days later. It differs in a number 
 of particulars from the law of 1913, which it amends and 
 supersedes. The most important changes are those which 
 eliminate non-competitive examinations and substitute for 
 a board of three commissioners a bi-partisan board of two 
 commissioners. 
 
 These features appeared in the bill as it was intro- 
 duced in the Senate by Hon. Justin A. Moore and as it 
 passed that body. In the House a bill had been introduced 
 by Hon. Harry C. Barnes. Both bills were referred to a 
 committee of the House which reported Senate BHISNo;- 3. 
 with material amendments as the “Barnes-Moore Bill.” 
 This passed the House and went to a conference commit- 
 tee, of which Mr. Moore and Mr. Barnes were members, 
 where the bill underwent further revision. The final re- 
 port of the conference committee passed both houses and 
 was approved by the governor. 
 
 Court decisions and opinions of the attorney general 
 on the civil service law that preceded the act of 1915 are 
 cited when applicable to the provisions of that act. 
 
 (21) 
 
CIVIL SERVICE LAW OF 1915. 
 
 AN ACT 
 
 To amend sections 486-1 to 486-31 in- 
 clusive, and to repeal section 4505 
 of the General Code relating to the 
 Civil Service of the state of Ohio, 
 the several counties, cities and city 
 school districts thereof. 
 
 Be it enacted by the General Assembly of the State of Ohio: 
 
 Section 1. That sections 486-1 to 486-31 inclusive of 
 the General Code be amended to read as follows: 
 
 Sec, 486-1. [Definitions: ] 
 
 1. The term “civil service” includes all offices and 
 positions of trust or employment in the service of the 
 state and the counties, cities and city school districts 
 thereof. 
 
 2. The “state service” shall include all such offices 
 and positions in the service of the state or the counties 
 thereof, except the cities and city school districts. 
 
 3. The term “classified service” signifies the compet- 
 itive classified civil service of the state, the several coun- . 
 ties, cities and city school districts thereof. 
 
 4. The term ‘state commission” signifies the state 
 civil service commission of Ohio. 
 
 5. The term “municipal commission” signifies the 
 municipal civil service commission of a city. 
 
 6. The term “appointing authority” signifies the offi- 
 cer, commission, board, or body having the power of ap- 
 
 (22) 
 
Civit Service LAws oF OHIO. 23 
 
 pointment to or removal from positions in any office, de- 
 partment, commission, board or institution. 
 
 7. The term “commission” shall signify either the 
 state civil service commission of Ohio or the civil service 
 commission of any municipality. 
 
 8. The term ‘employe’ or “subordinate” signifies 
 any person holding a position subject to appointment, 
 removal, promotion or reduction by an appointing officer. 
 
 Humane agents in the employ of a humane society, though paid 
 from appropriations made by the state, “are-in fact in the employ of 
 a private corporation organized under the general laws of Ohio. These 
 persons are not in the service of the state within the meaning of sec- 
 tion 1 of the civil service act.’’— Atty. Gen., Apr. 24, 1914. 
 
 “The officers and employes of the Ohio State Archaeological and 
 Historical Society do not * * * come within the provisions of the 
 civil service act.’”’— Atty. Gen., Apr. 24, 1914. 
 
 “County school examiners are not subject fo the civil service 
 act.””— Atty. Gen., Oct. 1, 1914. 
 
 “A street commissioner as provided for in section 4363, General 
 Code, is an officer of a village and not of a city, and the new civil 
 service law does not apply to villages.” — Atty. Gen., Dec. 27, 1918. 
 
 “Persons employed in the liquidating department. of the state 
 banking department are subject to provisions of the civil service act.” 
 — Atty. Gen., Dec. 22, 1914. 
 
 “The examiners authorized by the Torrens land registration act 
 ~ * * are not subject to civil service regulations.” — Atty. Gen., 
 Oct. 1, 1914. 
 
 Sec. 486-2. [Method of appointment.] On and after 
 the taking effect of this act, appointments to and promo- 
 tions in the civil service of the state, the several counties, 
 cities and city school districts thereof, shall be made only 
 according to merit and fitness to be ascertained as far as 
 
 ‘practicable by competitive examination; and thereafter 
 no person shall be appointed, removed, transferred, laid 
 off, suspended, reinstated, promoted or reduced as an offi- 
 cer or employe in the civil service of the state, the several 
 counties, cities and city school districts thereof, in any 
 manner or by any means other than those prescribed in 
 this act or by the rules of the state or municipal civil 
 
24 Civi. SErvice Laws or Onio. 
 
 service commissions within their respective jurisdictions 
 as herein provided. 
 
 “The state civil service commission law does not conflict with 
 the fourteenth amendment of the United States Constitution by deny- 
 ing equal protection of the law.””— Green vy. State Civil Service Com., 
 15 N. P.- (N. S.) 885. 
 
 Sec. 486-3. [Commissioners; appointment, term, va- 
 cancy, removal.] After this act goes into effect the goy- 
 ernor shall appoint, by and with the advice and consent 
 of the senate, two persons of recognized character and 
 ability to serve, one for two years and one for four years, 
 as civil service commissioners, who shall constitute the 
 state civil service commission of Ohio. Upon the expira- 
 tion of the term of office of each commissioner so ap- 
 pointed, his successor shall be appointed by the governor 
 to serve for a period of four years from the date of his 
 appointment and until a successor is appointed and qual- 
 ified. A vacancy in the office of commissioner shall be 
 filled by the governor for the remainder of the unexpired 
 term. 
 
 The governor may remove any member of the state 
 
 civil service commission at any time for inefficiency, neg- 
 
 lect of duty, or malfeasance in office, having first given 
 to the commissioner a copy of the charges against him 
 and an opportunity to be publicly heard in person or by 
 counsel in his own defense, and any such act or removal 
 by the governor shall be final. A statement of the findings 
 of the governor, the reasons for his action, and the answer, 
 if any, of the commissioner, shall be filed by the gov- 
 ernor with the secretary of state and shall be open to 
 public inspection. . At the time of any appointment both 
 commissioners shall not be adherents of the same political 
 party. 
 
 -No commissioner shall hold any other office of profit 
 or trust under the government of the United States, the 
 state of Ohio, or any political subdivision thereof. 
 
 ee ee 
 
Civit Service LAws or OHIOo. 25 
 
 Sec. 486-4. [Salaries and expenses.] Each commis- 
 sioner shall devote his entire time to the duties of his 
 office and shall receive an annual salary of four thousand 
 dollars, and his necessary traveling expenses incurred in 
 the discharge of his official duties. 
 
 Sec. 486-5. [Organization and expenses; record of 
 proceedings and examinations.] The governor at the time 
 of the appointment of the commission, or member thereof, 
 Shall designate one of its members as chairman. The 
 commission shall appoint from an eligible list to be pre- 
 pared by said commission, within thirty days after its ap- 
 pointment, a secretary who shall be ex-officio chief ex- 
 aminer, whose duty it shall be, under the direction of the 
 commission, to keep minutes of the proceedings of the 
 commission, preserve all reports-made to the commission, 
 keep the records of all examinations, superintend the ex- 
 aminations, and perform such other and further duties as 
 the commission shall prescribe, The salary of the secre- 
 tary shall be not to exceed thirty-six hundred dollars per 
 annum, to be fixed by the commission. 
 
 [Quorum.] Two members of the commission shall 
 constitute a quorum for the transaction of business. 
 
 [Appointment of examiners, inspéctors, clerks, etc;; 
 compensation and expenses; powers and duties.] The 
 commission may also appoint such examiners, inspectors, 
 clerks and other assistants as may be necessary to carry 
 out the provisions of this act, and fix their salaries within 
 the limits of the appropriation made by the General As- 
 sembly for that purpose. The commission may designate 
 Persons in or out of the official service of the state to serve 
 as examiners or assistants under its direction. Each such 
 person shall receive such compensation for each day 
 actually and necessarily spent in the discharge of his 
 duties as examiner or assistant as shall be determined by 
 the ‘commission; provided, however, that if any such ex- 
 aminer or assistant is in the Official service of the state, 
 or any political subdivision ‘thereof, it shall be a part of his 
 
26 Civi, SErviceE Laws or OH8Io. 
 
 official duties to render such services in connection with 
 such examinations, without extra compensation. The sec- 
 
 retary, examiners, inspectors, clerks and assistants shall, 
 
 in addition to their salaries, receive such necessary travel- 
 ing and other expenses as are incurred in the actual dis- 
 charge of their official duties. The commission may also 
 incur the necessary expenses for stationery, printing and 
 other supplies incident to the business of the department. 
 All salaries and expenses shall be approved and allowed 
 by the commission and paid out of the treasury of the 
 state on the warrant of the auditor, in the same manner 
 _as the salaries and expenses of other state officers are 
 paid. 
 
 “Tam * * * of the opinion that the legislature did not intend 
 in the use of the language quoted to do more than confine the position 
 (secretary of state civil service commission) to the classified service 
 and that as to the other requirements of the appointment the provisions 
 of the general law must obtain, and that the selection must be made 
 from the three highest candidates on said eligible list and cannot be 
 made from the whole list.””— Atty. Gen., Sept. 23, 1915. 
 
 It is the duty of the state civil service commission “to prepare 
 the eligible list from which its secretary is to be chosen. This is to 
 be done by competitive examination.’’ While the members of the board 
 may invite other disinterested citizens to participate with them they 
 have “‘no right under the law to surrender all supervision or control of 
 said examination to outside parties.” —- Atty. Gen., Sept. 11, 1915. 
 
 Sec. 486-6. [Rooms and accommodations.] The state 
 commission shall maintain suitable offices in the city of 
 Columbus; and it shall be the duty of the officers of the 
 state, or any political subdivision thereof, at any place 
 where examinations are directed to be held by the com- 
 mission, to allow the reasonable use of public buildings 
 and rooms and to furnish the same with heat and light, 
 for holding such examinations, and in all proper ways to 
 facilitate the work of the commission in carrying out the 
 provisions of this act, 
 
 ae 
 
Civir Service Laws or Onno. 37 
 
 Sec. 486-7. [Powers and duties.]| The commission 
 shall, 
 
 First: [Rules and regulations.] Prescribe, amend 
 and enforce administrative rules for the purpose of carry- 
 ing out and making effectual the provisions of this act. 
 
 Second: [Records.] Keep minutes of its own pro- 
 ceedings and records of its examinations and other official 
 actions. All such records, except recommendations of 
 former employers, shall be open to public inspection under 
 reasonable regulations; provided, however, that the gZOv- 
 ernor or any person designated by him, may, for the pur- 
 pose of investigation, have free access to all such records, 
 whenever he has reason to believe that the provisions of 
 this act or the administrative rules of the commission pre- 
 scribed thereunder, are being violated. 
 
 Third: [Record of persons in classified service. | 
 The commission shall prepare, continue and keep in its 
 office, a complete roster of all persons in the classified 
 service. This roster shall be open to public inspection at 
 all reasonable hours. It shall show in reference to each 
 of such persons, his name, address, the date of his ap- 
 - pointment to or employment in such service, his salary or 
 compensation, the title of the place or office which he 
 holds, the nature of the duties thereof, and, in case of his 
 removal or resignation, the date of the termination of 
 such service. 
 
 Fourth: [Investigations and enforcement of provis- 
 ions relating to law.] Make investigations, either sitting 
 in bane or through a single commissioner or the chief ex- 
 aminer, concerning all matters touching the enforcement 
 and effect of the provisions of this act and the adminis- 
 trative rules of the commission prescribed thereunder. 
 In the course of such investigations each commissioner 
 and the chief examiner shall have the power to administer 
 oaths and affirmations and to take testimony relative to 
 
 any matter which the commission has authority to inves- 
 tigate, 
 
28 Civit Service Laws or OnI0. 
 
 Fifth: [Production of evidence; fees.] Have the 
 
 power to subpoena and require the attendance and testi-_ 
 
 mony of witnesses and the production thereby of books, 
 papers, public records and other documentary evidence 
 pertinent to the investigations, inquiries, or hearings on 
 appeal from the action or decision of an appointing officer 
 as is herein authorized, and to examine them as it may 
 require in relation to any matter which it has authority 
 to investigate, inquire into or hear. Fees shall be allowed 
 to witnesses, and on their certificate, duly audited, shall 
 be paid by the state treasurer, or in the case of municipal 
 commissions by the county treasurer, for attendance 
 and traveling, as is provided in section 3012 of the Gen- 
 eral Code for witnesses in courts of record. All officers 
 in the civil service of the state or any of the political sub- 
 divisions thereof and their deputies, clerks, subordinates 
 and employes shall attend and testify when summoned 
 so to do by the commission. Depositions of witnesses may 
 be taken by the commission in the manner prescribed by 
 law for like depositions in civil actions in the courts of 
 common pleas. In case any person, in disobedience to any 
 
 subpoena issued by the commission, or any of them, or 
 
 their chief examiner, fails or refuses to attend and testify 
 to any matter regarding which he may be lawfully inter- 
 rogated, or produce any documentary evidence pertinent 
 to any investigation, inquiry or hearing, it shall be the 
 duty of the court of common pleas of any county, or any 
 judge thereof, where such disobedience, failure or refusal 
 occurs, upon application of the state commission, or a 
 municipal commission, or any commissioner thereof, or 
 their chief examiner, to compel obedience by attachment 
 proceedings for contempt as in the case of disobedience 
 of the requirements of a subpoena issued from such courts 
 or a refusal to testify therein; 
 
 Sixth: [Hearing in matters of appeal.] Hear appeals 
 from the decisions of appointing officers of persons in 
 the classified service who have been reduced in pay or 
 
 ——— ee 
 
Civit Service Laws or Ouio. 29 
 position, laid off, suspended, discharged or discriminated 
 against by such appointing authority; 
 
 Seventh: [Annual report.] Make a report to the gov- 
 ernor annually, on or before the first day of January of 
 each year, showing its own actions, the rules and all ex- 
 ceptions thereto in force, and any recommendations for 
 the more effectual accomplishment of the purposes of this 
 act. The commission shall also furnish any special re- 
 ports’ to the governor whenever the same are requested 
 by him. Such reports shall be printed for public distri- 
 bution, under the same regulations as are the reports of 
 other state officers, boards or commissions. 
 
 Witness fees cannot be paid as provided in the foregoing section 
 unless an appropriation has been made for that purpose. — Atty. Gen., 
 October 29, 1915. 
 
 Sec. 486-8. [Service — Classified and unclassified de- 
 fined.]| The civil service of the state of Ohio and the 
 several counties, cities and city school districts thereof 
 sha 1 be divided into the unclassified service and the class- 
 ified service. 
 
 (a) [Positions in unclassified service.] The unclass- 
 ified service shall comprise the following positions which 
 shall not be included in the classified service, and which 
 shall be exempt from all examinations required in this act. 
 
 1: All officers elected by popular vote or persons ap- 
 pointed to fill vacancies in such offices. 
 
 2. All election officers and the employes and clerks 
 of persons appointed by boards of deputy supervisors and 
 inspectors of elections. 
 
 3. The members of all boards and commissions and 
 heads of principal departments, boards and commission 
 appointed by the governor or by and with his consent: 
 and the members of all boards and commissions and all 
 heads of departments appointed by the mayor, or if there 
 be no mayor such other similar chief appointing authority 
 of any city or city school district. Provided, however, 
 
30 Civit Service Laws oF Oni0. 
 
 that nothing contained in this act shall exempt the chiefs 
 of police departments and chiefs of fire departments of 
 municipalities from the competitive classified service as 
 provided in this act. 
 
 “The city engineer is not at the head of a principal department 
 * * * and is therefore in the classified service.” — Atty. Gen., Dec. 
 27, 1913. 
 
 “By virtue of section 1 of the act of 103 O. L. 399, the Board 
 of Censors of Moving Picture Films is appointed with the consent of 
 the governor. This board, therefore, comes within the terms of sub- 
 division 2 (now 8) of section 8 of the civil service act, and the mem- 
 bers thereof are in the unclassified service.” — Atty. Gen., Apr. 29, 
 1914, 
 
 4. The members of county or district licensing boards 
 or commissions, and boards of revision and assistant as- 
 sessors. 
 
 5. All officers and employes elected or apointed by 
 either or both branches of the general assembly, and such 
 employes of the city council as are engaged in legislative 
 duties. 
 
 6. All commissioned, non-commissioned officers and 
 enlisted men in the military service of the state including 
 military appointees in the offices of the adjutant general. 
 
 7. All presidents, directors, superintendents, prin- 
 cipals, instructors and teachers connected with the public 
 school system, colleges and universities; and the library 
 staff of any library in the state supported wholly or in 
 part at public expense. 
 
 “The term ‘library staff’ does not necessarily mean all the em- 
 ployes of the library and if the legislature had intended to exempt all 
 the employes of the library it could have easily so expressed it. The 
 term ‘library staff’ includes those employes who have to do with the 
 handling of the books. It means something more than a janitor or a 
 porter.”’ — Atty. Gen., Dec. 8, 1914. 
 
 8. Three secretaries, assistants or clerks and one 
 personal stenographer for each of the elective state offi- 
 cers; and two secretaries, assistant or clerks and one per- 
 
 Wie 
 
Civit Service LAws or Ou1o. 31 
 
 sonal stenographer for other elective officers and each of 
 the principal appointive executive officers, boards or com- 
 missions, except civil service commissions, authorized by 
 law to appoint such secretary, assistant or clerk and 
 stenographer. 
 
 “The position of state registrar of vital Statistics, under the act 
 of 1918, was in the classified service.” — Atty. Gen., Jan. 16, 19165. 
 
 “The county liquor licensing board is entitled to one secretary 
 and one clerk, or to two clerks in the unclassified service.”’ — Atty. 
 Gen., June 12, 1914. 
 
 ' “There is no head of a sub-department that can be classed as 
 a ‘principal executive officer’ under sub-division 7 (now 8) of the civil 
 service act, nor any other position, the incumbent of which is in the 
 classified service, that can have two (now three) assistants or secretaries 
 or clerks in the unclassified service.” — Atty. Gen., Dec. 28, 1913. 
 
 “It being apparent that neither in the general statutes nor in the 
 appropriation bills is the state armory board given authority to appoint 
 or employ any subordinates whatever, it’ follows that the state armory 
 board is not ‘authorized by law to appoint such secretary, assistant or 
 clerk and stenographer’ within the meaning of paragraph 8 of section 
 486-8 of the General Code.” — Atty. Gen., Sept. 16, 1915. 
 
 9. The deputies of elective or principal executive 
 officers authorized by law to act for and in the place of 
 their principals and holding a fiduciary relation to such 
 principals. : 
 
 “Deputy oil inspectors, under the present law, are not in the 
 classified service. 
 
 “The deputy highway commissioners are deputies under the civil 
 service act and are in the unclassified service. 
 
 “Deputy clerks in the office of a probate judge are deputies under 
 the civil service act, and as such are in the unclassified service.”? — 
 Atty. Gen., Sept. 12, 1914. 
 
 “The city sealer of weights and measures is in the unclassified 
 service and the deputy county sealer of weights and measures is also 
 in the unclassified service. The assistant city sealers of weights and 
 measures are in the classified service.” — Atty. Gen., June 29, 1914, 
 
 The assistant secretary of state comes within the definition of a 
 deputy and, “therefore, is in the unclassified service and is not to be 
 deemed or counted as one of the two assistants, clerks or secretaries 
 that may be selected by the elective officer.” — Atty. Gen., Jan. 16, 1915, 
 
32 ~ Civit Service Laws or Onto. 
 
 “The first and second deputy fire marshals are held to be depu- 
 ties under the civil service act. The fire marshal may: have two assist- 
 ants or two clerks, or one clerk and one assistant in the unclassified 
 service under the civil service act of 1913. All others are in the class- 
 ified service.’”?— Atty. Gen., Oct. 6, 1914. 
 
 “The deputy inspectors act generally for and in place of the chief 
 inspector and supervisor of public offices. In order to be a deputy 
 it is not necessary that the deputy act for the state auditor in all 
 things. In the present case the deputy inspectors act for and in place 
 of their principal as to the duties of the Bureau of Inspection and 
 Supervision of Public Offices. This makes them deputies within the 
 meaning of the civil service act.’”” — Atty. Gen., Noy. 5, 1914. 
 
 “The secretary to the governor, the executive clerk, the stenog- 
 rapher to the governor and all other employes, who from the nature 
 of the service rendered or by reason of their location to the gov- 
 ernor’s office are in position to observe the transactions or to obtain 
 information relative to matters that may legally come before the gov- 
 ernor, are not within the classified service, for the reason that it is 
 impractible to determine their merit and fitness by competitive ex- 
 amination.” — Atty. Gen., Jah. 16, 1915. 
 
 Assistants of the chief inspector and supervisor of public offices 
 are held to be assistants. and not deputies, and hence under the civil 
 service, for “it cannot be determined as a matter of law that it is im- 
 practicable to hold competitive examinations of applicants for the posi-_ 
 tions of state examiners in the Bureau of Inspection and Supervision 
 of Public Offices. The question of practicability of examinations should 
 be determined by the state civil service commission.” — Atty. Gen., 
 May 28, 1914. 
 
 ‘Deputy fire marshals are not within the description of paragraph 
 8 (now 9) of the present civil service law, except as to the first deputy, 
 any more than are the assistant fire marshals, but such deputy fire 
 marshals are the incumbents of confidential positions, just as are the 
 assistant fire marshals, and the civil service commission may determine 
 whether it is practicable to ascertain the merit and fitness of appli- 
 cants therefore by competitive examinations.’”’— Atty. Gen., Aug. 7, 
 1915. 
 
 “Deputies must be authorized by law to act generally for and in 
 place of their principals, and they may hold a fiduciary relation to 
 such principals. Both of these conditions must exist.” The fact that 
 this board delegates to certain of its officers, powers to purchase sup- 
 plies, to award contracts, to classify prisoners and to act for it in 
 other matters of a general and special nature, ‘‘does not make the 
 managing officers deputies of the board of Administration. * * * 
 They do not act in the name of their principal, the Board of Ad- 
 ministration. In many instances they may act as agents of the board, 
 but this does not make them deputies. The managing officers in 
 
Civit Service LAws or OnIO0. 3 f3) 
 
 question are not deputies within the meaning * * * of the civil 
 service act.’’— Atty. Gen., May 28, 1914. 
 
 10. Bailiffs, constables, official stenographers and 
 commissioners of courts of record, and such officers and 
 employes of courts of record as the commission may find 
 it impracticable to determine their fitness by competitive 
 examination. 
 
 11. Assistants to the attorney-general, special counsel 
 appointed or employed by the attorney-general, assist- 
 ants to county prosecuting attorneys and assistants to city 
 ‘solicitors. 
 
 “A. secret service officer appointed by the prosecuting attorney 
 is not in the classified service under the civil service law.’ — Atty. 
 Gen., Dec. 27; 1913. 
 
 12. Such teachers and employes in the agricultural 
 experiment stations; such teachers in the benevolent, 
 penal or reformatory institutions of the state; such stu- 
 dent employes in normal schools, colleges and universi- 
 ties of the state; and such unskilled labor positions as the 
 state commission or any municipal commission may find 
 it impracticable to include in the competitive classified 
 service; provided, that such exemptions shall be by order 
 of the commission, duly entered on the record. of the com- 
 mission with the reasons for each such exemption. 
 
 The tendency of the New York courts is not to disturb the 
 decision of the civil service commission when it determines that it is 
 practicable to hold competitive examinations. It has overruled the 
 commission when it has placed. certain positions in the exempt class. 
 In no case, it is declared, have the New York courts held that as a 
 matter of law it is impracticable to hold competitive examinations. 
 “The constitution and statutes of New York as to the practicability of 
 holding competitive examinations are almost identical with the- eon- 
 stitution and statutes of Ohio on the same subject.”” — Atty Gen., 
 May 28, 1914. 
 
 (b) [Positions in classified service.] The classified 
 service shall comprise all persons in the employ of the 
 
34 Crvit Service Laws or Ouro, 
 
 state, the several counties, cities and city school districts 
 thereof, not specifically included in the unclassified ser: 
 vice, to be designated as the competitive class and the 
 unskilled labor class. 
 
 “County infirmary superintendents and matrons are in the class 
 ified service and subject to examination.” — Atty. Gen., Mar. 18, 1914 
 
 “The members. of the District Board of Complaints are in tht 
 unclassified service.’”*— Atty. Gen., Apr. 29, 1914. 
 
 Sanitary police were held in the civil service under the Payne 
 amendment. Gollwitzer v. Cleveland, 21 Dec. 423 (11 N. S. 449). 
 
 Local registrars of vital statistics are “‘in the classified service 
 and are under the jurisdiction of the state civil service commission.” 
 — Atty. Gen., Dec. 81, 1914. 
 
 “The superintendent or other managing officer of the various in- 
 stitutions under the management and control of the Board of Ad- 
 ministration are not placed in the unclassified service by section 8 of 
 the civil service act, and the practicability of holding competitive ex- 
 aminations of applicants for such positions shall be determined by the 
 state civil service commission.” — Atty. Gen., May 28, 1914. 
 
 1. The competitive class shall include all positions 
 and employments now existing or hereafter created in the 
 state, the counties, cities and city school districts thereof, 
 for which it is practicable to determine the merit and 
 fitness of applicants by competitive examinations. Ap- 
 pointments shall be made to, or employment shall be given 
 in, all positions in the competitive class that are not filled 
 by promotion, reinstatement, transfer or reduction, as 
 provided in this act, and the rules of the commission, by 
 appointment from those certified to the appointing officer 
 in accordance with the provisions of this act. 
 
 “No hard and fast rule may be laid down to govern every instance 
 which may arise. The presumption, however, is that all positions, 
 except those specifically exempted in the act, are within the competitive 
 classified service’? unless the civil service commission “specificaily finds 
 that it is not practicable to determine the merit and fitness of the can- 
 didates for the particular position by competitive examination.” — Atty. 
 Gen., Sept. 13, 1915. 
 
 2. The unskilled labor class shall include ordinary 
 unskilled laborers. Vacancies in the labor class shall be 
 
Civit Service Laws or Ouio. 3d 
 
 filled by appointment from lists of applicants registered 
 by the commission. The commission shall in its rules 
 require an applicant for registration in the labor class to 
 furnish such evidence or take such tests as it may deem 
 proper with respect to age, residence, physical condition, 
 ability to labor, honesty, sobriety, industry, capacity and 
 experience in the work or employment for which he ap- 
 plies, Laborers who fulfill the requirements shall be 
 placed on the eligible list for the kind of labor or employ- 
 ment sought and preference shall be given in employment 
 _ in accordance with the rating received from such evidence 
 or in such tests. Upon the request of an appointing offi- 
 cer, stating the kind of labor needed, the pay and prob- 
 able length of employment, and the number to be em- 
 ployed, the commission shall certify from the highest on 
 the list, double the number to be employed, from which 
 the appointing officer shall appoint the number actually 
 needed for the particular work. In the event of more than 
 one applicant receiving the same rating, priority in time 
 of application shall determine the order in which their 
 names shall be certified for appointment, 
 
 Sec. 486-9. [Rules and classification.] As soon ag 
 practicable after the taking effect of this act, the commis- 
 sion shall put into effect rules for the classification. of 
 offices, positions and employments, in the civil service of 
 the state and the several counties thereof; for appoint- 
 ment, promotions, transfers, lay-offs, Suspensions, reduc- 
 tions, reinstatements and removals therein and examina- 
 tions and registrations therefor; and for maintaining and 
 _keeping records of the efficiency of officers and employes 
 in accordance with the provisions of this act. Due notice 
 of the contents of such rules and of all changes therein 
 shall be given to appointing officers affected thereby, and 
 such rules shall also be printed for public distribution: 
 provided, however, that until such rules are adopted and 
 in force, the rules existing when this law takes effect 
 shall continue in force. 
 
36 Crvit Service Laws oF OBIO. 
 
 “The power of the civil service commission to classify positions 
 is subject to a limited judicial control. As to some positions it can be 
 determined as a matter of law that it is impracticable to hold exami- 
 nations therefor: Where this is doubtful it is left to the determination 
 of the civil seryice commission.’’ — Atty. Gen., May 28, 1914. 
 
 Sec. 486-10. [Examinations. Exception as to soldiers 
 and sailors.] All applicants for positions and places in 
 the classified service shall be subject to examination which 
 shall be public, competitive and free for all, within cer- 
 tain limitations, to be determined by the commission, as 
 to citizenship, residence, age, sex, experience, health, 
 habits and moral character: provided, however, that any 
 soldier, sailor or marine who has served in the army or 
 navy of the United States in the War of the Rebellion 
 who was honorably discharged therefrom and is a resident 
 of Ohio, may file with the civil service commission a cer- 
 tificate of service and honorable discharge, whereupon his 
 name shall be placed upon an eligible list by the com- 
 mission, from which eligible list he may be appointed to 
 any position in the civil service of the state which such 
 appointing power may deem him qualified to fill. Such 
 examinations shall be practical in character and shall re- 
 late directly to those matters which will fairly test the 
 relative capacity of the person examined to discharge the 
 particular duties of the position for which appointment is 
 sought, and shall, when appropriate, include tests of phys- 
 ical qualifications, health and manual skill. 
 
 [Notice of time and place of examination.] The state 
 commission shall have control of all examinations, except 
 as otherwise provided in this act. No questions in any 
 examination shall relate to political or religious opinions 
 or affiliations. Reasonable notice of the time and place 
 and general scope of every competitive examination for 
 appointment to a position in the civil service, except as 
 otherwise provided for in this act, shall be given by the 
 commission. Written or printed notices of every examina- 
 tion for the state classified service shall be sent by the 
 
Civit Service Laws or Onto. ; 37 
 
 commission to the county clerk of each CGdunty in the 
 state, and to the city clerk of each municipality of the 
 state, and such notices, promptly upon receipt by them, 
 shall be posted in conspicuous public places in the court 
 house of the county and in the city hall of the municipal- 
 ity, respectively. Such notices shall also be posted in a 
 conspicuous place in the office of the commission for at 
 least two weeks before any examination. In case of ex- 
 aminations limited by the commission, to a district, county 
 or city, the commission shall provide in its rules for ade- 
 quate publicity of such examinations in the district, 
 county or city, within which competition is permitted, 
 
 “The last paragraph of § 10 of the civil service act (103 O. L. 698, 
 G. C., 486-10) continuing incumbents in office, is not void as an exer- 
 cise of the appointing power nor as a general law without uniform 
 operation; nor as violating the constitutional requirement of a civil 
 service; nor as creating a privileged class, for it is not for their bene- 
 fit, but in the public interest.” — State v. Fosdick, 15 N. P. (N. S.) 
 337. 
 
 “The act of May 10, 1913 (103 O. L. 698), in so far as relating to 
 incumbents in par. 3 of § 10, went into effect January 1, 1914.’’ — State 
 v. Schneller, 15 N. P. (N. S.) 488. 
 
 A valveman under the former civil service law was in the un- 
 skilled class, hence his appointment by the director of public service 
 was legal. Therefore, when the present act (103 O. L. 698) took effect, 
 he was an incumbent and entitled to remain and receive pay subject 
 to a non-competitive examination when required by the commission. 
 The twelve months’ time* in section 10 does not limit his continuance 
 when the commission has not held any examination (reverses 12 O. L. 
 R. 204). State v. Keefer, 20 C. C. (N. S.) 417. 
 
 “The persons occupying the positions of chief of police and chief 
 of the fire department of a city on January 1, 1914, are not required 
 to take an examination, either competitive or non-competitive, as a 
 condition of their continuance in office.” — Atty. Gen., Mar. 28, 1914. 
 
 The provisions of the civil service act exclude consideration of 
 party affiliations and repeal by implication “the Provision of sec- 
 tion 1182 of the General Code that not more than sixty per cent of 
 the appointees shall be of the same political party. *. * *, The 
 three deputy highway commissioners and two assistants or clerks or 
 secretaries, or one of any two, are in the unclassified service. All 
 
 * This time limitation is not in the present law. 
 
38 Civit Service Laws or On10. 
 
 other employes of the highway department are in the classified service. 
 The question of the practicability of holding competitive examinations 
 to determine the merit of applicants is for the civil service commission 
 to determine.’ — Atty. Gen., Aug. 6, 1914. 
 
 Sec. 486-11. [Applications; statements required in ap- 
 plication.] The commission shall require persons applying 
 for admission to any examination, provided for by this act 
 or by the rules of the commission prescribed thereunder, 
 
 to file with the commission within a reasonable time ~ 
 
 prior to the proposed examination a formal application 
 in which the applicant shall state under oath or affirma- 
 tion: 
 
 (1) Full name, residence and postoffice address. 
 
 (2) Nationality, age and place and date of birth. 
 
 (3) Health and physical capacity for the public ser- 
 vice sought. : 
 
 (4) Business and employments and residences for 
 five previous years. 
 
 (5) Such other information as may be reasonably 
 required touching the applicant’s merit and fitness for the 
 public service sought; but no inquiry ‘shall be made as to 
 any religious or political opinions or affiliations of the 
 applicant. 
 
 [ExAmination fee.] No fee or other assessment shall 
 be charged for examination for positions, provided for by 
 this act or by the rules of the commission prescribed 
 thereunder, where the annual salary does not exceed six 
 hundred dollars; for positions where the annual salary 
 exceeds six hundred dollars and is less than one thousand 
 dollars, an examination fee of fifty cents shall be charged; 
 for positions where the annual salary is one thousand dol- 
 lars or more, an éxamination fee of one dollar shall be 
 charged. All fees collected under the provisions of this 
 act shall be paid into the state treasury to the credit of 
 the general revenue fund, or in the case of cities into the 
 city treasury. 
 
Civic Service Laws or OnIo. 39 
 
 [Blank forms; grounds for refusal to certify eligible.] 
 Blank forms for applications shall be furnished by the 
 commission without charge to any persons requesting the 
 same. The commission may require in connection with 
 such application such certificate of persons having knowl- 
 edge of the applicant as the good of the service may de- 
 mand. The commission may refuse to examine an appli- 
 cant, or after an examination to certify an eligible, who is 
 found to lack any of the established, preliminary require- 
 ments for the examination or who is physically so disabled 
 as to be rendered unfit for the performance of the duties 
 of the position which he seeks, or who is addicted to the 
 habitual use of intoxicating liquors or drugs to excess, or 
 who has been guilty of any crime or of infamous or noto- 
 riously disgraceful conduct, or who has been dismissed 
 from either branch of the civil service for delinquency or 
 misconduct, or who has made false statements of any 
 material fact, or practiced, or attempted to practice, any 
 deception or fraud in his application or in his examination, 
 in establishing his eligibility or securing his appointment. 
 
 Sec. 486-12. [Eligible lists.] From the returns of 
 the examinations the commission shall prepare an eligible 
 list of the persons whose general average standing upon 
 examinations for such grade or class is not less than the 
 minimum fixed by the rules of the commission and who 
 are otherwise eligible; and such persons shall take rank 
 upon the eligible list as candidates in the order of their 
 relative excellence as determined by the examination with- 
 out reference to priority of time of examination. In the 
 event of two or more applicants receiving the same mark 
 in an examination, priority in the time of application shall 
 determine the order in which their nameg shall be placed 
 on the eligible list. The term of eligibility of each list 
 shall be fixed by the commission at not less than one year 
 nor more than two years. When an eligible list is re- 
 duced to three names or less a new list shall be prepared. 
 
40 Crvit Service LAws or O8IO. 
 
 Sec. 486-13. [Appointments.] The head of a depart- 
 ment, office or institution in which a position in the 
 classified service is to be filled shall notify the commis- 
 sion of the fact, and the commission shall, except as pro- 
 vided in sections 486-14 and 486-15 of the General Code, 
 certify to the appointing officer thereof the names and 
 addresses of the three candidates standing highest on the 
 eligible list for the class or grade to which said position 
 belongs. In the event that an eligible list becomes ex- 
 hausted, through inadvertence or otherwise, and until a 
 new list can be created, or when no. eligible list for such 
 position exists, names may be certified from eligible lists 
 most appropriate for the group or class in which the posi- 
 tion to be filled is classified. A person certified from an 
 eligible list more than three times to the same appointing 
 officer for the same or similar positions, may be omitted 
 from future certification to such officer, provided that cer- 
 tification for a temporary appointment shall not be counted 
 as one of such certifications. 
 
 Appointments to all positions jn the classified service, 
 as herein defined, that are not filled by promotion, trans- 
 fer or reduction, as provided for in this act and the rules 
 of the commission prescribed thereunder, shall be made 
 only from those persons whose names are certified to the 
 appointing officer in accordance with the provisions of this 
 act, and no employment, except as provided in this act, 
 shall be otherwise given in the classified service of this 
 state or any political sub-division thereof. The appointing 
 officer shall notify the commission of each position to be 
 filled and shall fill such position by appointment of one of 
 the three persons certified to him as provided in this act. 
 Forthwith, upon such appointment and employment, each 
 appointing officer shall report to the proper civil service 
 commission the name of such appointee or employe, the 
 title and character of his office, the duties of same, the 
 date of the commencement of same, and the salary or 
 compensation thereof, and such other information as the 
 
Civiz Service Laws or OHIO. 41 
 
 commission requires in order to keep the roster herein 
 mentioned. All original and promotional appointments 
 shall be for a probationary period of not to exceed three 
 months to be fixed by the rules of the commission, and 
 no appointment or promotion shall be deemed finally made 
 until the appointee has satisfactorily served his proba- 
 tionary period. At the end of the probationary period 
 the appointing officer shall transmit to the commission a 
 record of the employe’s service, and.if such service is un- 
 satisfactory, the employe may, with the approval of the 
 commission, be removed or reduced without restriction; 
 but dismissal or reduction may be made during such period 
 as is provided for in section 486-17 and 486-17a of the Gen- 
 eral Code. Any person who is appointed to a position in 
 the classified service under the provisions of this act, ex- 
 cept temporary and exceptional appointments, shall be or 
 become forthwith a resident of the state. 
 
 “The chief of police of a city is in the classified service under 
 the civil service law.’’ — Atty. Gen., Oct. 1, 1914. : 
 
 “The members of council should select from the names submitted 
 by the civil service commission, one of them to be clerk of council.” 
 — Atty. Gen., Apr. 29, 1914. 
 
 The new civil service law, (Sec. 486-8 (a) 5 modifies the old law 
 and exempts from the civil service ‘‘employes of the city council * * * 
 engaged in legislative duties.” 
 
 Director of public service is required to certify vacancy to civil 
 service commission before merit system is in full operation. -- Lea v. 
 State 34-0.) C.- Cr-672— Gb" Nz 'S. 198). 
 
 Sec. 484[6]-14. [Temporary and exceptional appoint- 
 ments.] Positions in the classified service may be filled 
 without competition as follows: 
 
 1. Whenever there are urgent reasons for filling a 
 vacancy in any position in the classified service and the 
 commission is unable to certify to the appointing officer, 
 upon requisition by the latter, a list of persons eligible for 
 appointment after a competitive examination, the appoint- 
 ing officer may nominate a person to the commission for 
 
49 Crvi Service Laws or Onto. 
 
 non-competitive examination, and if such nominee shall 
 be certified by the commission as qualified after such non- 
 competitive examination, he may be appointed provision- 
 ally to fill such vacancy until a selection and appointment 
 can be made after competitive examination; but such 
 provisional appointment shall continue in force only until 
 regular appointment can be made from eligible lists pre- 
 pared by the commission, and such eligible lists shall be 
 prepared within ninety days thereafter. In case of an 
 emergency an appointment may be made without regard 
 to the rules of this act, but in no case to continue longer 
 than thirty days, and in no case shall successive appoint- 
 ments be made: provided, however, that interim or tem- 
 porary appointments, made necessary by reason of sick- 
 ness or disability of regular officers, employes or subor- 
 dinates shall continue only during such period of sickness 
 or disability, subject to rules to be provided for by the 
 commission. 
 
 2. In case of a vacancy in a position in the classified 
 service where peculiar and exceptional qualifications of a 
 scientific, managerial, professional, or educational charac- 
 ter are required, and upon satisfactory evidence that for 
 specified reasons competition in such special case is im- 
 practicable and that the position can best be filled by a 
 selection of some designated person of high and recog- 
 nized attainments in such qualities, the commission may 
 suspend the provisions of the statute requiring competi- 
 tion in such case, but no suspension shall be general in 
 its application to such place, and all such cases of sus- 
 pension shall be reported in the annual report of the com- 
 mission with the reasons for the same. 
 
 8. Where the services to be rendered by an ap- 
 pointee are for a temporary period, not to exceed one 
 month, and the need of such service is important and 
 urgent, the appointing officer may select for such tempo- 
 rary service any person on the proper list of those eligible 
 for permanent appointment. Successive temporary ap- 
 
Civic Service Laws or OHIO. 43 
 
 pointments to the same position shall not be made under 
 this provision. The acceptance or refusal by an eligible 
 of a temporary appointment shall not affect his standing 
 on the register for permanent employment; nor shall the 
 period of temporary service be counted as a part of the 
 probationary service in case of subsequent appointment 
 to a permanent position. 
 
 “G. C., § 486-14, empowering the civil service commission to ap- 
 point without competitive examination when* scientific or professional 
 qualifications are required, is not a grant of power to suspend a law.” 
 —f[Const., Art. 1, §18.] Green v. State Civil Service Com., 15 N. P. 
 (N..S.) 385. 
 
 “Failure of the director of public service to notify the commis- 
 sion of a vacancy as required by G. C., § 4481, is not a condition prec- 
 edent to a valid temporary appointment by the mayor.” — State v. 
 Keefer, 16 N. P. (N. S.) 145, 151. 
 
 “The extraordinary exigency or impending stoppage of public busi- 
 ness required to authorize a temporary appointment by the mayor need 
 not be proved by the appointee, being a burden impossible to sustain 
 at all seasons, and therefore will be presumed until impeached.”—State 
 v. Keefer, 16 N. P. (N. S.) 145, 148. 
 
 “Temporary appointments in classified service terminate upon 
 organization of civil service commission.” — State v. Lea, 20 Dec. 569 
 (10 N. S. 864). 
 
 Sec. 486-15. [Promotions; examinations.] Vacancies 
 in positions in the classified service shall be filled in so 
 far as practicable by promotions. The commission shall 
 provide in its rules for keeping a record of efficiency for 
 each employe in the classified service, and for making 
 promotions in the classified service on the basis of merit, 
 to be ascertained as far as practicable by promotional ex- 
 aminations, by conduct and capacity in office, and by 
 seniority in service; and shall provide that vacancies 
 shall be filled by promotion in all cases where, in the 
 judgment of the commission, it shall be for the best in- 
 terest of the service so to fill such vacancies. All ex- 
 aminations for promotions shall be competitive. In pro- 
 motional examinations efficiency and seniority in service 
 shall form a part of the maximum mark attainable in such 
 
44 Civ. Service Laws or Onno. 
 
 examination. In all cases where vacancies are to be filled 
 by promotion, the commission shall certify te the appoint- 
 ing authority only the name of the person haying the high- 
 est rating. The method of examination for promotions, 
 the manner of giving notice thereof, and the rules gov- 
 erning the same shall be in general the same as those 
 provided for original examinations, except as otherwise 
 provided herein. 
 
 ‘The civil service commission ‘‘cannot hold a promotional exami- 
 nation, where, under the rules of the commission, only one person 
 is entitled to take such examination. The rule or classification should 
 be broadened so as to make it possible for more than one person to 
 take a promotional examination.” — Atty. Gen., Dec. 28, 1914. 
 
 “The commission, having determined that a police corporal is 
 eligible to examination for promotion, and he having obtained such 
 promotion accordingly, the commission or its successor is without 
 power to reverse such decision. The commission, having reported the 
 corporal as eligible for examination, though he had not been a corporal 
 for two years, as required by their rules, will be deemed to have sus- 
 pended the rule, which it had power to do.”—State v. Keefer, 20 C. C. 
 (N. S.) 866. a 
 
 Where a promotional examination was held for the position of 
 superintendent of the State School for the Blind and the person re- 
 ceiving the highest grade was not appointed by the Board of Adminis- 
 tration, the Supreme Court held that it was not necessary to appoint 
 such person. The opinion of the Court has not yet been prepared. It 
 was understood at the time, however, that the decision was grounded 
 upon the second of the four reasons * * * stated, namely, that the 
 position of superintendent of a state institution is not one an exami~ 
 nation for which may lawfully be restricted to applicants in any line 
 of promotion, but that it should be thrown open to general competition, 
 — Atty. Gen.,. Oct. 14; 1915. 
 
 Sec. 486-16. [Transfers and reinstatements.] With 
 the consent of the commission, a person holding an office 
 or position in the classified: service may be transferred to 
 a similar position in another office, department or insti- 
 tution having the same pay and. similar duties; but no 
 transfer sha!l be made from an office or position in one 
 class to an office or position in another class, nor shall a 
 person be transferred to an office or position for original 
 
Civit Service Laws or OH8IOo. 45 
 
 entrance to which there is required by this act, or the 
 rules adopted pursuant thereto, an examination involving 
 essential tests or qualifications or carrying a salary differ- 
 ent from or higher than those required for original en- 
 trance to an office or position held by such person. 
 
 Any person holding an office or position under the 
 classified service who has been separated from the service 
 without. delinquency or misconduct on his part may, with 
 the consent of the commission, be .reinstated within one 
 year from the date of such separation to a vacancy in the 
 same or similar office or position in the same department; 
 and whenever any permanent office or position in the 
 classified service is abolished or made unnecessary, the 
 person holding such office or position shall be placed by 
 the commission at the head of an appropriate eligible list, 
 and for a period of not to exceed one year shall be cer- 
 tified to an appointing officer as in the case of original 
 appointments. 
 
 “Cities are sometimes compelled to reduce the number of posi- 
 tions and this makes it necessary to discharge employes who are eff- 
 cient. It is an unfortunate situation for’ those who are discharged 
 but someone must be discharged. * * * In making reductions the 
 appointing authority may choose whom he shall retain regardless of 
 the time of service or time of appointment. He may take into con- 
 sideration other things in addition to seniority of service. He is not 
 required to consider solely the seniority of service.” — Atty. Gen., 
 June 13, 1914. < 
 
 In support of this view, the attorney -general quotes from State 
 ex rel. vs. Searsy, Mayor, 21 Cir. 83. 
 
 Sec. 486-17. [Reductions, lay-offs and suspensions. ] 
 No person shall be reduced in pay or position, laid off, 
 suspended, discharged or otherwise discriminated against 
 by an appointing officer for religious or political reasons 
 or affiliations. In all cases of reduction, lay-off or sus- 
 pension of an employe or subordinate, whether appointed 
 for a definite term or otherwise, the appointing authority 
 shall furnish such employe or subordinate with a copy 
 
46 - -  Crvit Service Laws or Ono. 
 
 of the order of lay-off, reduction or suspension and his 
 reasons for the same, and give such employe or subor- 
 dinate a reasonable time in which to make and file an ex- 
 planation. Such order together with the explanation, if 
 any, of the subordinate shall be filed with the commis- 
 sion. Nothing in this act contained shall limit the power 
 of an appointing officer to suspend without pay, for pur- 
 poses of discipline, an employe or subordinate for a rea- 
 sonable period, not exceeding thirty days; provided, how- 
 ever, that successive suspensions shall not be allowed, 
 and provided further that the provisions of this section: 
 shall not apply to temporary and exceptional appoint- 
 ments made under the authority of section 486-14 of the 
 General Code. 
 
 ‘Where an employe in the classified civil service is ‘removed by’ 
 the director of public service (G. C., § 486-17; 103 O. L. 747), the court 
 when applied to for re-instatement can only inquire whether the charge: 
 or reasons were ground for removal and whether they were made in: 
 good faith and not as a sham to get rid of the employe but the court 
 cannot try the merits of the charge (except as determining good faith): 
 because official judgment cannot be controlled by the courts except in 
 the absence of goad faith.”—State v. Fosdick, 15 N. P., (N. S.) 630. 
 
 “Where the discharge of an employe is legal on the grounds: 
 assigned it does not become unlawful because in addition it was de- 
 sired to get rid of the employe on political grounds.”—State v. Fosdick, 
 15 N. P. (N. S.) 680, 640. 
 
 “Charges upon which a policeman is tried and discharged by the 
 director of public safety and the civil service commission must be such 
 as to sustain the judgment as in a civil action, and if indefinite and 
 trivial or not such as are recognized by the law or the rules of the 
 department, the discharge is void, but if any of these charges are suffi- 
 cient, the court cannot enquire if they were sustained, for the juris- 
 diction of the commissioner is final, and not reviewable.’”’— State v. 
 Cleveland, 20 C. C. (N. S.) 250. 
 
 Member of sanitary police defined as to removal under civil ser- 
 vice regulations. — Gollwitzer v. Cleveland, 21 Dec. 428 (11 N. S, 449). 
 
 Sec. 486-17a. [Tenure of office. .Removals.] The 
 tenure of every officer, employe or subordinate in the 
 classified service of the state, the counties, cities and city 
 schoo] districts thereof, holding a position under the pro- 
 
Crvit ServicE Laws or O8IOo. 47 
 
 visions of this act, shall be during good behavior and 
 efficient service; but any such officer, employe or subor- 
 dinate may be removed for incompetency, inefficiency, 
 dishonesty, drunkenness, immoral conduct, insubordina- 
 tion, discourteous treatment of the public, neglect of duty, 
 violation of the provisions of this act or the rules of the 
 commission, or any other failure of good behavior, or any 
 other acts of misfeasance, malfeasance or nonfeasance in 
 office. 
 
 In all cases of removal the appointing authority shall 
 furnish such employe or subordinate with a copy of the 
 order of removal and his reasons for the same, and give 
 such officer, employe or subordinate a reasonable time in 
 which to make and file an-explanation. Such order with 
 the explanation, if any, of the employe, or subordinate 
 shall be filed with the commission. Any such employe or 
 subordinate so removed may appeal from the decision or 
 order of such appointing authority to the state or munic- 
 ipal commission, as the case may be, within ten days from 
 and after the date of such removal, in which event the 
 commission shall forthwith notify the appointing authority 
 and shall hear, or appoint a trial board to hear, such ap- 
 peal within thirty days from and after its filing with the 
 commission, and it may affirm, disaffirm or modify the judg- 
 ment of the appointing authority, and the commission’s 
 decision shall be final; provided, however, that in the case 
 of the removal of a chief of police or chief of the fire 
 department of a municipality an appeal may be had from 
 the decision of the municipal commission to the court of 
 common pleas of the county in which such municipality 
 is situated to determine the sufficiency of the cause of re- 
 moval. Such appeal shall be taken. within ten days from 
 the finding of the commission. 
 
 See. 486-18. [Efficiency. Establishment of grades. | 
 ~The commission shall from time to time make investiga- 
 tions for the purpose of ascertaining the duties imposed 
 by law and practice upon each officer and employe or 
 
48 Civit Service Laws or Oui0. 
 
 subordinate in the classified service, the manner in which 
 such duties are performed, the cost thereof, and such other 
 facts as will enable the commission to determine the effi- 
 ciency of such officers and employes and subordinates. 
 The commission shall establish grades in the classified 
 service, based upon similarity of duties and salaries; shall 
 standardize employment in each grade; shall prescribe 
 factors or quantities to be used in marking the relative 
 efficiency of each officer and employe or subordinate in 
 such grades; shall fix standards of efficiency to be main- 
 tained by officers and employes or subordinates; and shall 
 keep a record of the efficiency markings for each officer 
 and employe or subordinate in the classified service. 
 
 [Duties of officers and employes; efficiency records. ] 
 All officers and employes or subordinates in the state, the 
 several counties, cities and city school districts thereof, 
 whether in the classified service or not, shall promptly 
 and correctly report to the commission any information 
 required by the rules of the commission relative to the 
 conduct, capacity, and efficiency of any officer, employe 
 or subordinate in the classified service under his supervis- 
 ion. The records, reports and markings of efficiency in 
 each department, office and institution shall be open ai all 
 times to inspection by the commission and shall be subject 
 to review and correction by the commission. The effi- 
 ciency records of the commission respecting each depart- 
 ment, board, commission, or institution; shall be open to 
 the heads of such department, board, commission or in- 
 stitution; and each officer and employe or subordinate 
 shall have the right to be informed of the efficiency mark- 
 ings recorded for him by the commission. 
 
 The commission shall-report to the officer in charge 
 of a department, board, commission or institution its find- 
 ings and recommendations relative to increasing the effi- 
 ciency therein; and all cases of failure of officers, em- 
 ployes or subordinates therein to maintain a satisfactory 
 efficiency record, shall be sufficient. ground for the dis- 
 
Civit Service Laws or OHIO. 49 
 
 missal of any such officer, employe or subordinate. Such 
 reports shall be deemed public records. 
 
 See. 486-19. [Municipal civil service. Commission; 
 appointment, term, duties, vacancies, removals.] The 
 mayor or other chief appointing authority of each city in 
 the state shall appoint three persons, one for a term of 
 two years, one for four years, and one for six years, who 
 shall constitute the municipal civil service commission of 
 such city and of the city school district in which such city 
 is located; provided, however, that members of existing 
 municipal commissions shall continue in office for the 
 terms for which they have been appointed and until their 
 successors are appointed and have qualified. Each alter- 
 nate year thereafter the mayor or other chief appointing 
 authority shall appoint one person, as successor of the 
 “member whose term expires, to serve six years and until 
 his successor is appointed and qualified. A vacancy shall 
 be filled by the mayor or other chief appointing authority 
 of a city for the unexpired term. At the time of any ap- 
 poinment not more than two commissioners. shall be ad- 
 herents of the same political party. Such municipal com- 
 mission shall prescribe, amend and enforce rules not in- 
 consistent with the provisions of this act for the classifi- 
 cation of positions in the civil service of such city and 
 city school district; for examinations and registrations 
 therefor; and for appointments, promotions, removals, 
 transfers, lay-offs, suspensions, reductions and reinstate- 
 ments therein; and for standardizing positions and main- 
 taining efficiency therein. Said municipal commission 
 shall have and exercise all other powers and perform all 
 other duties with respect to the civil service of such city 
 and city school district, as herein prescribed and con- 
 ferred upon the state civil service commission with respect 
 to the civil service of the state; and all authority granted 
 to the state commission with respect to the service under 
 its jurisdiction shall, except as otherwise provided in this 
 act, be held to grant the same authority to the municipal 
 
50 Crvit Service Laws or Ou10, 
 
 commission with respect to the service under its jurisdic- 
 tion. The procedure applicable to reductions, suspensions 
 and removals, as provided for in section 486-17 and: 486-17a — 
 of the General Code, shall govern the civil service of 
 municipalities. The expense and salaries of any such 
 municipal commission shall be determined by the council 
 of such city and a sufficient sum of money shall be ap- 
 propriated each year to carry out the provisions of this 
 act in such city. 
 
 If the appointing authority of any such city fails to 
 appoint a civil service commission or commissioner, as 
 provided by law, within sixty days after he has the power 
 to so appoint, or after a vacancy exists, the state com- 
 mission shall make the appointment, and such appointee 
 shall hold office until the expiration of the term of the 
 appointing authority of such city and until the successor 
 of such appointee is appointed and qualified. If any such 
 municipal commission fails to prepare and submit such 
 rules and regulations in pursuance of the provisions of 
 this act within six months after this act goes into effect, 
 the state commission ghall forthwith make such rules. 
 The provisions of this act shall in all other respects, ex- 
 cept as provided in this section, be in full force and effect 
 in such cities, 
 
 It shall be the duty of each municipal commission to 
 make reports from time to time, as the state commission 
 may require, of the manner in which the law and the rules 
 and regulations thereunder have been and are being ad- 
 ministered, and the results of their administration in such 
 city and city school district. A copy of the annual report 
 of each such. municipal commission shall be filed in the 
 office of the state commission as a public record. 
 
 Whenever. the state commission shall have reason to 
 believe that a civil service commission of any city is vio- - 
 lating or is failing to perform the duties imposed upon it 
 by law, or that any member of such municipal commission 
 is wilfully or through culpable negligence violating the 
 
Civit Service Laws or Ouio. 51 
 
 provisions of the law or failing to perform his duties as 
 a member of such commission, it may institute an inves- 
 tigation, and if it shall find any such violation or failure 
 to perform the duties imposed by law, it shall make a re- 
 port of such violation in writing to the chief executive 
 authority of such city, which report shall be a public 
 record. The chief executive authority of such city may 
 at any time remove any municipal civil service commis- 
 sioner for inefficiency, neglect of duty,‘-or malfeasance in 
 office, having first given to such commissioner a copy of 
 the charges against him and an opportunity to be publicly 
 heard in person or by counsel] in his own defense, and any 
 such act of removal shall be final. 
 
 The mayor shall have the exclusive right to suspend 
 the chief of the police department or the chief of the fire 
 department for incompetence, gross neglect of duty, gross 
 immorality, habitual drunkenness, failure to obey orders 
 given him by the proper authority or for any other rea- 
 sonable and just cause. If either the chief of police or 
 chief of the fire department is so suspended the mayor 
 forthwith shall certify such fact, together with the cause 
 of such suspension, to the municipal civil service commis- 
 sion, who within five days from the date of receipt of 
 such notice shall proceed to hear such charges and render 
 judgment thereon, which judgment may affirm, disaffirm 
 or modify the judgment of the appointing officer, and‘an 
 appeal may be had from the decision of the commission 
 to the court of common pleas as is provided for in section 
 486-17a of the General Code to determine the sufficiency 
 of the cause of removal, 
 
 “G. C., § 486-19, giving. a city civil service. commission the same 
 powers in the city that the state commission has over its jurisdiction, 
 does not limit the state commission’s power to territory outside the 
 state, and it may investigate the mayor of a city. And construing the 
 act with G. C., § 4477, the power is co-extensive with the date of the 
 act.” —Green v. State Civil Service Com., 15 N, P. (N, S.) 385, 
 
 - This point reversed in 90 O. S. 
 
wr 
 bo 
 
 Civic Service LAws oF OHIO. 
 
 “Tf the authority to appoint is lost by reason of the expiration 
 of sixty days without such authority being exercised, it is not restored 
 by reason of a change in the incumbency of the office. The loss of, 
 authority to make such appointment is a loss to the office itself and 
 not to the person who happens to occupy the office for the time being.” 
 —State ex rel. Bailey vs. George et al. Court of Appeals, Muskingum 
 Co. 
 
 See attorney general’s opinion relative to the appointment of a 
 municipal civil service commission by the mayor within sixty days 
 after the taking effect of the civil service act, Dec. 27, 1913. 
 
 “The provisions of * * * the civil service act requiring council 
 to fix salaries of the commissioners and to appropriate money for the 
 expenses of the commission are mandatory, that is, council may be 
 required to act. The courts cannot control the discretion of council 
 as to the amount of the salary or as to what is reasonably sufficient 
 for such expenses.’’ — Atty. Gen., Apr. 24, 1914. 
 
 “Under * * * the civil service act, supra, the municipal civil ser- 
 vice commission as to the service under its jurisdiction is granted the 
 same power and authority as the state civil service commission has as 
 to the state civil service. This provision has reference to the power 
 and authority over the positions in the classified service and those 
 making appointments to the classified service. It does not grant to the 
 municipal civil service commission the power to fix the salaries of the 
 examiners, physicians and clerks of such municipal civil service com- 
 mission. The council has the power to fix the salaries of the employes 
 of the municipal civil service commission.” — Atty. Gen., Aug. 18, 1914. 
 
 “Power of mayor to remove chief of police not repealed by im- 
 plication of act 99 O. L. 562, but he must be removed subject to trial 
 by civil service commission.’ — Karb y. State, 87 Oo Sus19%, 
 
 “De facto chief of police subject to removal same as de jure 
 officer. Chief appointed from unclassified service not subject to sum- 
 mary removal.’ — Karb v. State, 87 O. S. 197. 
 
 “Civil service employes in the police and fire departments have 
 no definite term of office within the statutory inhibition against change 
 of salary during term.’’ — Stage v. Coughlin, 22 Dec. 211 (12 N. S. 419). 
 
 Sec. 486-20. [Civil service districts.] For the pur- 
 pose of administration the state civil service commission 
 may divide the state into civil service districts and estab- 
 lish an officer in each of such districts. The commission 
 may place in charge of each such district an assistant 
 whose duties and compensation shall be determined and 
 fixed by the rules of the commission. 
 
Civit Service Laws oF OH8IO0. 53 
 
 “Tf §§ 20, 21 and 28 of the state civil service commission law are 
 invalid, the rest of the act is not involved thereby. — Green y. State 
 Civil Service Com., 15 N. P. (N. S.) 385. 
 
 Sec. 486-21. [Pay rolls.] After the taking effect of 
 this act it shall be unlawful for the auditor of state, or 
 for any fiscal officer of any county, city or city school 
 district thereof, to draw, sign or issue or authorize the 
 drawing, signing or issuing of any warrant on the treas- 
 urer or other disbursing officer of the state, or of any 
 county, city or city school district thereof, to pay any 
 salary or compensation to any officer, clerk, employe, or 
 other person in the classified service unless an estimate, 
 payroll or account for such salary or compensation con- 
 taining the name of each person to be paid, shall bear the 
 certificate of the state civil service commission, or, in case 
 of the service of a city, the certificate of the municipal 
 service commission of such city, that the persons named 
 in such estimate, payroll or account have been appointed, 
 promoted, reduced, suspended, or laid off or are being em- 
 ployed in pursuance of this act and the rules adopted 
 thereunder. 
 
 Any sum contrary to the provisions of this section 
 may be recovered from any officer or officers making such 
 payment in contravention of the provisions of law and of 
 the rules made in pursuance of law; or from any officer 
 signing or countersigning or authorizing the signing or 
 countersigning of any warrant for the payment of the 
 same, or from the sureties on his official bond, in an action 
 in the courts of the state, maintained by a citizen resident 
 therein. A'l moneys recovered in any action brought 
 under the provisions of this section must, when collected, 
 be paid into the treasury of the state or appropriate civil 
 division thereof, except that the plaintiff in any action 
 shall be entitled to recover his own taxable costs of such 
 action. 
 
54 Crviz Service Laws or On10, 
 
 “The deputy city auditor cannot also hold the position of secre- 
 tary to the municipal civil service commission.” — Atty. Gen., Mar. 20, 
 1914. 
 
 Sec. 486-22. [Investigations.] Whenever a civil ser- 
 vice commission shall have reason to believe that any offi- 
 cer, board, commission, head of a department, or person 
 having the power of appointment, lay-off, suspension or 
 removal, has abused such power by making an appoint- 
 ment, lay-off, reduction suspension, or removal in violation 
 of the provisions of this act, it shall be the duty of the 
 commission to make an investigation, and if it shall find 
 that such violation of the provisions or the intent and 
 spirit of this act has occurred, it shall.make a report 
 thereof to the governor, or in the case of a municipal offi- 
 cer or employe to the mayor or other chief appointing 
 authority, who shall have the power to remove forthwith 
 such guilty officer, board, commission, head of department, 
 or person; an opportunity first having been given to such 
 officer, employe or subordinate of being publicly heard in 
 person or by counsel in his own defense, and such action 
 of removal by the governor, mayor or other chief appoint- 
 ing authority shall be final except as otherwise provided 
 herein. 
 
 The director of public service of Sandusky, Ohio, discharged two 
 men, who appealed to the court of common pleas for reinstatement. 
 In deciding that the court of common pleas was without authority to 
 review the act of an administrative officer in civil service cases, the 
 common pleas judge said in part: 
 
 “For the purpose of this decision it will be assumed as a fact, 
 though distinctly not found by the court to be true, that these men 
 were discharged for ‘purely political reasons.” The court assumes this 
 allegation to be true because of the view the court takes of this law. 
 It is the opinion of the court that even though the public service 
 director may have dismissed them for ‘purely political reasons’ this 
 court has no power, authority or jurisdiction to control the conduct 
 of the public service director by mandamus, or in any other way, and 
 no authority to hear or determine this question.” 
 
 “A member of a municipal civil service commission cannot hold 
 an office or position in the city or city school district thereof that has 
 
Civit Service Laws or OHIO. 55 
 
 a power of appointment, promotion, lay-off or suspension of an officer 
 or employe, nor can he hold a position in the classified service in such 
 city or city school district. As to county and state offices, the duties 
 of the particular positions must be examined to determine whether 
 they come within the rule laid down by Judge Dustin.” (State ex 
 rel. vy. Gebert, 12 O. C. C. (N. S.) 274) as to incompatibility of officer. 
 — Atty. Gen., Mar. 28, 1914. 
 
 Sec. 486-23. [Political assessments. Political activ- 
 ity.]| No officer, employe or subordinate in the classified 
 service of the state, the several counties, cities and city 
 school districts thereof, shall directly or indirectly, orally 
 or by letter, solicit or receive, or be in any manner con- 
 cerned in soliciting or receiving any assessment, subscrip- 
 tion or contribution for any political party or for any can- 
 didate for public office; nor-shall any person solicit di- 
 rectly or indirectly, orally or by letter, or be in any man- 
 ner concerned in soliciting any such assessment, contri- 
 bution or payment from any officer, employe or subordinate 
 in the classified service of the state, the several counties, 
 cities or city school districts thereof; nor shall any officer 
 or employe in the classified service of the state, the sev- 
 eral counties, cities and city school districts thereof be 
 an officer in any political organization or take part in 
 politics other than to vote as he pleases and to express 
 freely his political opinions, 
 
 “An indictment charging the willful solicitation of political contri- 
 butions from employes in the classified service (103 O. L. 710, § 23; G. C. 
 486-23), need not aver knowledge that they were in the classified ser- 
 vice, for willful doing involves doing with knowledge.” — State v. Fin- 
 ley, 15 N. P. (N. S.) 499. 
 
 “Alleging that defendants were ‘concerned’ in soliciting political 
 contributions (using the statutory word, 103 O. L. 710, § 28; G. C., 486-23), 
 does not mean interested in or anxious about the same, but that they 
 participated.” — State v. Finley, 15 N. P. (N. S.) 499. 
 
 “A charge that on or about January 15th the defendant solicited 
 political contributions from persons who were in the classified service 
 ‘during the month’ of January, means that they. were so employed dur- 
 ing the whole month and therefore on the 15th.” — State v. Finley, 15 
 Neb CN ow Si)499: 
 
56 Civit Service Laws or Onto, 
 
 “A person in the classified service under the civil service law 
 cannot be a candidate for office either at a primary or at an election 
 and at the same time retain his position. If he becomes such a can- 
 didate it would be cause for removal from the position he holds, as” 
 he accepts such position upon condition that he will not take part in 
 politics. If the person in the classified service desires to be a candi- 
 date for office or nomination he should resign his position in the 
 classified service.” — Atty. Gen., Apr. 24, 1914. 
 
 “This provision would prevent a. person in the classified service 
 from being a member of an executive committee of a political party. 
 The official court stenographer and the superintendent of municipal 
 water and electric light plant cannot serve on such committee and at 
 the same time hold their positions.’”’ — Atty. Gen., Sept. 12, 1914. 
 
 Official stenographers of courts of record are exempt from exami- 
 nation under the present law. See Sec. 486-8 (10). 
 
 Sec. 486-24, [Frauds in examination prohibited.] No 
 person or officer shall wilfully or corruptly by himself or 
 in cooperation with one or more persons defeat, deceive, 
 or obstruct any person in respect of his or her right of 
 examination, appointment or employment according to this 
 act, or to any rules .or regulations prescribed pursuant 
 thereto; or wilfully or corruptly, falsely mark, grade, esti- 
 mate or report upon the examination or proper standing 
 of any person examined, registered or certified pursuant 
 to the provisions of this act, or aid in so doing; or wil- 
 fully or corruptly make any false representations con- 
 cerning the same, or concerning the person examined; or 
 wilfully or corruptly furnish to any person any special or 
 secret information for the purpose of either improving 
 or injuring the prospects or chances of any person SO ex- 
 amined, registered or certified, or to be examined, regis- 
 tered or certified; or personate any other person, or per- 
 mit or aid in any manner any person to personate him, in 
 connection with any examination, registration or appoint- 
 ment or application or request to be examined, registered 
 or appointed; or who shall furnish any false information 
 about himself, or any other person, in connection with any 
 examination, registration or appointment or application 
 or request to be examined, registered or appointed. 
 
Civit Service LAws oF O8IO. 57 
 
 Sec. 486-25. [Payment for places prohibited.] No ap- 
 plicant for appointment or promotion in the classified ser- 
 vice shall, directly or indirectly, pay or promise to pay 
 any money or other valuable thing, nor shall he ask or 
 receive any recommendation or assistance from any per- 
 son, upon the consideration of any political service to be 
 rendered, for or on account of his appointment or pro- 
 motion, or proposed appointment or promotion, 
 
 Sec. 486-26. [Abuse of official power.] No officer or 
 employe of the state, the several counties, cities and city 
 school districts thereof shall appoint, promote, reduce, sus- 
 pend, lay-off, discharge, or in any manner change the 
 official rank or compensation of any officer, employe or 
 subordinate in the classified service, or promise or 
 threaten to do so, for giving or withholding, or neglecting 
 to make any contribution of money or other valuable 
 thing for any party or political purpose, or for refusal 
 or neglect to render any party or political service. 
 
 Sec. 486-27. [Abuse of political influence.] No per- 
 son who holds any public office, or who has been nomi- 
 nated for, or who seeks a nomination or appointment to 
 any public office, shall corruptly use or promise to use 
 either directly or indirectly, any official authority or in- 
 fluence in order to secure or aid any person in securing 
 for himself or another any office or employment in the 
 classified service, or any promotion or increase of salary 
 therein, as a reward for political influence or service. Nor 
 shall any person, by means of threats or coercion, induce 
 or seek to induce anyone in the classified service to re- 
 sign his position or to waive his right to certification, ap- 
 pointment or promotion. 
 
 Sec. 486-28. [Violations; penalty.] Whoever, after a 
 ru'e has been duly established and published by any civil 
 service commission according to the provisions of this act, 
 makes an appointment to office or selects a person for 
 employment contrary to the provisions of such rule, or 
 wilfully refuses or neglects otherwise to comply with or 
 
58 Civit Service Laws or Onto. 
 
 to conform to the provisions of this act, or wilfully vio- 
 lates any of such provisions, shall be deemed guilty of a 
 misdemeanor and upon conviction thereof shall be pun-. 
 ished by a fine of not less than fifty dollars nor more 
 than five hundred dollars, or by imprisonment in the 
 county jail for a term not to exceed six months, or by 
 both such fine and imprisonment, in the discretion of the 
 court. If any person so convicted shall hold any public 
 office or place of public employment such office or position 
 shall by virtue of such conviction be rendered vacant. 
 
 Sec. 486-29. [Taxpayers’ right of action.] The right 
 of any taxpayer to bring an action to restrain the payment 
 of compensation to any person appointed to or holding any 
 office or place of employment in violation of provisions 
 of this act, shall not be limited or denied by reason of the 
 fact that said office or place of employment shall have 
 been classified as, or determined to be classified as, not 
 subject to competitive examination; provided, however, 
 that any judgment or injunction granted or made in any 
 such action shall be prospective only, and shall not affect 
 payments already made or due to such persons by the 
 proper disbursing officers, in accordance with the civil 
 service rules in force at the times of such payments. 
 
 Sec. 486-30. [Prosecutions.] Prosecutions for the vio- 
 lation of the provisions of this act, or the rules and regu- 
 lations of the state commission established in conformity 
 thereto, shall be instituted by the attorney-general or by 
 the state commission acting through special counsel, or by 
 the county prosecutor for the county in which the offense 
 is alleged to have been committed; and prosecutions for 
 violations of this act and the rules and regulations of any 
 municipal commission by any officer or employe of such 
 city, shall be instituted by such municipal commission 
 through the legal department of such city or by such 
 municipal commission acting through special counsel. 
 
 Sec, 486-31. [Schedule.] All officers, employes and 
 subordinates in the classified service of the state, the 
 
e 
 
 Civiz Service Laws or OHuI0. 59 
 
 several counties, cities and city school districts thereof, 
 holding their positions under existing civil service laws, 
 and who are holding such positions by virtue of having 
 taken a regular competitive examination as provided by 
 law, shall, when this act takes effect, be deemed ap- 
 pointees within the provisions of this act; but no person 
 holding a position in the classified service by virtue of 
 having taken a non-competitive examination shall be 
 deemed to have been appointed or to be an appointee in 
 conformity with the provisions of this act; provided, how- 
 ever, that all persons who have served the state or any 
 political subdivision thereof continuously and satisfactorily 
 for a period of not less than seven years next preceding 
 January 1, 1915, shall be deemed appointees within the pro- 
 visions of this act. 
 
 ~The name of each officer, employe and subordinate 
 holding a position in the classified service of the state, the 
 counties, cities and city school districts thereof at the 
 time this act takes effect, who has not passed a regular 
 competitive examination and who has not been in the 
 service seven years as herein provided, shall, within ten 
 days after this act becomes effective, be reported by the 
 appointing authority to the commission and shall be cer- 
 tified to the appointing authority in addition to the three 
 candidates for appointment to such position. If any such 
 person is reappointed, he shall be deemed to have been 
 appointed under the provisions of this act. If no eligible 
 list exists such person may be retained as a provisional 
 employe until such time, consistent with reasonable dili- 
 gence, as the commission can prepare eligible lists when 
 such position shall be filled as prescribed in this act; pro- 
 vided that nothing contained in this section shall be 
 deemed to vacate the office of existing chiefs of police 
 departments or chiefs of fire departments of municipal- 
 ities. All existing eligible lists of persons who have taken 
 regular competitive examinations shall continue in force 
 for the term of eligibility to be fixed by the coi:mission 
 
60 Crvit Service Laws or Onto. 
 
 as provided herein. All property of the existing state com- 
 mission shall become the property of the commission to 
 be appointed hereunder. 
 
 “Under the provisions of this section it is clear that unless no 
 eligible list exists, a person holding a position in the classified service 
 at the time the act goes into effect by virtue of a non-competitive 
 examination ceases to have any right to continue to perform his duties 
 and receive his compensation. It is not necessary that such person 
 be removed by the appointing authority, but section 486-31 of itself has 
 the effect of removing him (unless, of course, he has continuously 
 and satisfactorily served the state or any political subdivision thereof- 
 for a period of not less than-seven years next preceding January 1, 
 1915). Even if no eligible list exists, such person has, strictly speaking, 
 no right to continue to’ serve the state or one of its political subdi- 
 visions until removed, but in such event his retention may be deemed 
 to be in the capacity of a provisional employe only and may last until 
 such time only as the commission may, consistent with reasonable dili- 
 gence, prepare eligible lists.’”— Atty. Gen., Aug. 7, 1915. 
 
 “The only proper way in which the services of a person now 
 holding a position in the classified service of the state, as defined by 
 the new law, under and by virtue of a non-competitive examination 
 may be continued in such position after the new act goes into effect, 
 when there is an eligible list, is for the appointing officer, acting in 
 accordance with section 486-13, to report his appointment to the civil 
 service commission. It is clear at least that some positive and un- 
 equivocal act on the part of the appointing authority is necessary in 
 order to constitute an ‘appointment,’ and that such persons under the 
 circumstances named may not continue to occupy their positions with- 
 out such an appointment.’’ — Atty. Gen., Aug. 7, 1915. 
 
 It is clearly the intent of the law that the officer, employe or sub- 
 ordinate holding positions in the classified service at the time the civil 
 service law of 1915 went into effect shall be certified, without the re- 
 quirements of a competitive examination; “and shall by virtue of their 
 former service, stand in the same position before the appointing author- 
 ity as the other three candidates who have taken a competitive exami- 
 nation. This provision gives the appointing authority the privilege of 
 retaining a competent officer, employe or subordinate who, during a 
 term of service less than seven years in duration, has acquired expe- 
 rience and demonstrated his fitness for the position.’ — Atty. Gen., 
 Sept. 10, 1915. 
 
 Section 2. [Repeals.] Sections 486-1, 486-2, 486-3, 
 486-4, 486-5, 486-6, 486-7, 486-8, 486-9, 486-10, 486-11, 486-12, 
 486-18, 486-14, 486-15, 486-16, 486-17, 486-18, 486-19, 486-20, 486- 
 21, 486-22, 486-23, 486-24, 486-25, 486-26, 486-27, 486-28, 486-29, 
 
 4 
 
Crvit Service Laws or OBIO. 61 
 
 486-30, 486-31 and 4505 of the General Code and all other 
 acts or parts of acts inconsistent with the provisions of 
 this act be, and the same are hereby repealed. 
 
 CHARLES D. CONOVER, 
 Speaker of the House of Representatives. 
 
 JOHN H. ARNOLD, 
 President of the Senate. 
 Passed May 27, 1915. 
 
 Approved May 28, 1915. 
 FRANK B. WILLIS, Governor. - 
 
 Filed in office of Secretary of State Jume 1, 1915. 
 
 The sectional numbers herein are in conformity to the 
 General Code. 
 EDWARD C. TURNER, 
 Attorney General. 
 
 VALIDITY OF CIVIL SERVICE ACT UPHELD BY 
 SUPREME COURT. 
 
 The question of the validity of the Civil Service Act 
 of 1915, as it appears on the preceding pages, was raised 
 in the case of William Ritzman vs. Z. B. Campbell et. al. 
 The enrolled bill signed by the presiding officers of the 
 two houses and the governor differed from the bill passed - 
 by the General Assembly, as recorded in the journal of 
 the House. The difference occurred in the third clause 
 of division (a) of section 486-8. The House journal showed 
 that instead of the expression “boards and commissions” 
 where it occurs the second time, there should appear the 
 words “and bureaus”, The supreme court rendered a 
 decision on December 11, 1915, all judges concurring, in 
 which it was held that the enrolled bill signed by the 
 presiding officers of the two houses and the governor, is 
 the law. 
 
INDEX 
 
 APPEALS — Section Page 
 From decision of appointing officer by 
 persons in classified service........ 486-7 28-29 
 From municipal commission to court of 
 COMMON SPISAS coins ek CORE Co hee 486-17a 47 
 To commissioners in case of removal... 486-17a 47 
 APPLICATION — 
 
 For admission to examination......... 4 486-11 38 
 
 APPOINTEE — 
 Certified for reappointment without 
 
 competitive examination .......... 486-31 59 
 Continued in service after seven years’ 
 SEF VICO: ssc wavcd ice’ as SER eT eC EE 486-31 59 
 Continued in office if appointed after 
 competitive examination........... 486-31 59 
 HUBICIDNGVITOL ss ae. cale Se ae ae Oh a ea 486-18 47-48 
 Must become resident of satase Sates eee 486-13 41 
 Non-competitive examinations insuffi- 
 cient for retention of.............. 486-31 59 
 Political activities of, forbidden........ 486-23 55 
 EMOVISION AI errs erence eile cay aka ene 486-31 59 
 Record of, at end of probationary period 486-13 41 
 Reductions, lay-offs and suspensions of 486-17 45-46 
 Reinstatements of........ Giaants Rie 486-16 44 
 PUR IMOVEL SOL ome GGlinier Cocee’ rors Bites tees 486-17a 47 
 Required to report on enudact and effi- 
 ciency of officers and employes.... 486-18 48 
 MOnure: Of - OfiCO” Of peceu cos cece sks ee 486-17a 46 
 Transfer of..... AERA oF oh Seale eteresvatanes ras 486-16 44 
 APPOINTING AUTHORITY — 
 Certification of candidates to........... 486-13 40 
 LOTS se Cot Rast is rarer gir Osi caret area ca 486-1 22 
 Must. notify Soumniiaaion of vacancies. 486-13 40 
 Notice to commission of appointments 
 PMV ccs er eye ape ene Se abe ey Se 486-13 40-41 
 Shall furnish Efiplove removed with 
 meaAsSOM. fOr TEMOVAl: > ones oe eck 486-17a 47 
 APPOINTING OFFICER (See Appointing 
 authority) — 
 
 (63) 
 
64 INDEX. 
 
 APPOINTMENTS — 
 Appointee shall be or become a resident 
 
 Of, THE MSEDEC trac cetin Glee ooietnre: tha etate ecals 
 PUXCOP LION ai vecetety cov iere Wie wrare eTocs ieee sie soih piste 
 How made in classified service......... 
 WEST OG: OLS vx Bacardi ete We ekoteleianie oleiMis sade oenen 
 Original and promotional for proba- 
 tONATY: WDOLTOG a atactce cide cron tions atttexcherate 
 POYIMAN CH C5 x ranctacotera pote c diece lersra hace ie aca eats a 
 Probationary . PCLiod VOL. siesta tne se o/drales 
 TeEMPOLrary ... cc cer ecerececscsccseccrces 
 Shall not be successively made to 
 SaAmM6: POSItlOny ieee wiste slates ovarets 
 ASSISTANTS — 
 Compensation, expenses, powers and 
 QUITS SOL oe sicko te esetmearavace ae pie Terai oho in Ste 
 CERTIFICATION — 
 OR: (CANCGIAATSSE Risto Satereta eeelerevereqers. wis ape ete ere 
 
 CHIEF EXAMINER (See Secretary of state 
 commission) — 
 
 CHIEF OF FIRE DEPARTMENT — 
 Appeal to court of common pleas in 
 CASe OTATEMOVAl FOL em: dsm cashes 
 
 Office: not. VACRLOGac or idaes cane aemenaee 
 
 CHIEF OF POLICE — 
 Appeal to court of common pleas in 
 Gasev OL TEMOVAIN OL: sara srsinis ale wierciee ais 
 
 Office snO te VA Cates ws na oe alexi startcniare fetete ne 
 
 CIVIL SERVICE — 
 Classified — 
 Abuse of official power and in- 
 fluence TOLDIGAEN snes « wicks u,se0'4 
 
 Exemption of civil war veterans 
 from examination require- 
 THON RSE ranetcohere Clovaie chet aie cracnrobel aia 
 
 Payment for positions in, prohibited 
 
 Positions “Inieees ccs eis oe'steke etnies 
 
 Promotions” TMs este ae es erie eteteenl 
 
 Section _ 
 
 486-13 
 486-14 
 486-13 
 486-2 
 
 486-13 
 486-13 
 486-13 
 486-14 
 
 486-14 
 
 486-5 
 
 486-13 
 486-15 
 
 486-17a 
 486-19 
 486-31 
 
 486-17a 
 486-19 
 486-31 
 
 486-26 
 486-27 
 
 486-10 
 486-25 
 486-8 
 
 486-15 
 
 Page 
 
 41 
 
 41-43 
 40. 
 
 23-24 
 
 41 
 41 
 41 
 41-43 
 
 42-43 
 
 25-26 
 
 40 
 ‘44 
 
 47 
 51 
 59 
 
 47 
 51 
 59 
 
INDEX. 
 Section 
 Reductions, lay-offs and suspen- 
 
 SLOMS AD ce aisis se s.0 9 6 oe Sorte errata 486-17 
 ReinstatementsS iN......--e+esecoees 486-16 
 TREO Since oe cele ale ein sie olt@o es ie’ a.s.8 486-174 
 Tenure of office in......+.-+-seeoee 486-17a 
 Transfers 1N..i..csicrsssecseee S sersiece 486-16 
 
 Classified and unclassified.......seseeees 486-8 
 Commissioners (See Commissioners)— 
 WVentaTVOO ee stetencald akcetrs sto o Te ules s ob ow oie 6 e815! eins, 6 486-1 
 Im thes Nation) 6 oi. a wes we cm ees Hatnieiatere 
 TT eetHS. PStATCS) <2 am ccc vied hie win eleva suse eaetaes 
 IVT UUILCL Pal = as ete eee «aie ee PO IO RD oe 486-19 
 Commissioners — 
 Appointment Of.......eeeceees 486-19 
 Appeal from decision of, to 
 court of common pleas.. 486-19 
 Duties and powers oOf......... 486-19 
 Offices and positions excluded from 
 competitive examination require- 
 TIROTL USM oles eicsbiene che wherarsiecere seeidle-o wievacacelend 486-8 
 Offices and positions included in com- 
 petitive examination requirements. 486-8 
 Unclassified — 
 MOSILION St we Pll sloie octets «<i mi-MeresePois oe 'ero hes 486-8 
 CIVIL SERVICE COMMISSION (See Com- 
 missioners) — 
 CIVIL SERVICE DISTRICTS — 
 State wnay be divided) into... 5. cso. ns 486-20 
 CIVIL SERVICE LAW OF 1915 — 
 INTO POSSE LULIVGo > CO ote com sisia ancl’ + efernte oe itlara aialecs 
 ex Gar Obscene 2% ech 036 PPR REA ACR O We REE RC 
 CIVIL SERVICE REFORM — a 
 Do the people: Wish i107? . 2... cesccwevecnes 
 Opinions of eminent men............... 
 CLASSIFICATION OF POSITIONS AND 
 EMPLOYMENTS — 
 RUGS LO Retr aetetre: ctuis ara ence crete a canes sleasee Mosel 486-9 
 
 CLASSIFIED CIVIL SERVICE (See Civil 
 service) — 
 
 22-61 
 
 10-19 
 
 35 
 
66 INDEX. 
 
 CLASSIFIED SERVICE (See also Civil Section Page 
 service) — 
 Defined. iis-.cce eee eee SoSonitain 486-1 22 | 
 Records’ of persons inv sca.a. Srctere syste plaints 486-7 27 
 CLERKS — 
 Appointment nOlts sen where ses Tate ae 486-5 25 
 Compensation, expenses, powers and 
 GBCISS* “Of rawe a waetcc sy Com ettert nea 486-5 25-26 
 
 COMMISSIONERS — 
 General (municipal and state) — 
 
 Appeal to, in case of removal...... 486-17a 47 
 Application forms furnished by... 486-11 39 
 
 Certification of names of candi- 
 Galtegen by. ncaa as caeoe Rroennee 486-13 40 
 486-15 44 
 
 Efficiency of employes to be deter- 
 mined and recorded by....... 486-18 47-49 
 
 Eligible List — 
 
 Preparation and renewal by....... 486-12 39 
 Investigations “DYws.. os. wekic eed cecee 486-22 54 
 
 Must certify candidates from elig- 
 ible lists- to appointing au- 
 
 THROTTEN SNS. cris racine eee ere 486-13 40 
 Non-competitive examinations for 
 temporary appointments...... 486-14 41-42 
 Suspension of statutes by, in case 
 of exceptional appointments... 486-14 42 
 Municipal — 
 Appeals from decisions of, to court 
 of. common: pleases: o..eebiemcane 486-19 51 
 Appointment, powers and duties of 486-19 49-50 
 QuUAIACAtIONS:) iON cptanrctetanyetebs cosnererctaeie 486-19 49-50 
 State — 
 Annual, TepOLrt “OLA. suis ate eee ote 486-7 29 
 Appeals to, by persons in classified 
 SOrvice. Sh. wcwtatee Siete wore eeet Gaal ete eh 486-7 28-29 
 Appointment of secretary of....... 486-5 25 
 Appointment, term, vacancy and 
 TPOMOVAl -. ys Seni leks cradle ereceetevs 486-3 24 
 Both must not be adherents of 
 same politieal.party. iiicenaces 486-3 24 
 
 Classification of offices, positions 
 and employments by.......... 486-9 35 
 
INDEX. 
 
 Existing eligible list continued by. 
 PA VESEIL ATOMS DY 5.3% oro a coche e's owiehe 
 
 Investigation of municipal civil ser- 
 
 VICE COMMISSION Dir. vies one 
 May divide state into districts.... 
 May refuse to examine applicant.. 
 Oaths may be administered by.... 
 OR EAMIZALION “Ohio eve evekele siele)s o's hs ce 
 BOmerseand GUtleS Of. os c.cns cc ve we 
 Production of evidence by......... 
 Quast CAbiON Ss Ofs sissc ass. eclsieiule « seer trn 
 Rooms and accommodations to be 
 
 PLOWS Oia. oheta setae ool ta che ere eevee 
 Rulss prescribed SOY sees vei os 6 sels s« 
 Salaries and expenses of........... 
 
 COMPETITIVE EXAMINATIONS (See Ex- 
 aminations) — 
 
 CONSTITUTIONAL PROVISION............ 
 Reree RMN MEA CHIN Sot ceteetes fai mloiwteceiStorsticias apaleio%s is Shiai ehee 
 
 EFFICIENCY — 
 “Of employes to be determined and re- 
 COLO arenas De ste slat aka eiatte: Sieleke sis. sb ohera 
 Records of, open for inspection......... 
 
 ELIGIBLE LIST—’ 
 
 Appointee restored to, when position 
 
 DIOLS INOS ter eiats taeiaiers ctcnishohe tele tela tavare wits 
 Certain appointees placed on, without 
 
 competitive examination........... 
 Certification of candidates from........ 
 ContiniiedsDV COMMISSION wees oy axe ols.e es 
 Prepared from examination returns.... 
 PGR CW als. or COUT CG a2) oc creleteiv iste ve ss «ctetele 
 Terms fixed by commission............. 
 
 EMPLOYE — 
 SEEN EVIE (eueinsters ia a ciate ics etc tele wie ON ek a sip ale v Barers 
 
 EXAMINATIONS — 
 Applications for admission to.......... 
 MODIUICAMON. “LOPINIS “LOPS ss its, ctor vies ose Wels el 
 Civil war veterans excluded from re- 
 GATITOUTOM USS 0 bere eat bie ea Acro etic ccaen os 
 
 Competitive — 
 ROR STITOUMOMON ici. chavs a ors terete e erare eines 
 Required wherever practical....,., 
 
 Section 
 
 486-31 
 486-7 
 
 486-19 
 486-20 
 486-11 
 486-7 
 486-5 
 486-7 
 486-7 
 486-3 
 
 486-6 
 486-9 
 486-4 
 
 486-1 
 
 486-18 
 486-18 
 
 486-16 
 
 486-31 
 486-13 
 486-31 
 486-12 
 486-12 
 486-12 
 
 486-1 
 
 486-11 
 486-11 
 
 486-10 
 
 486-15 
 486-2 
 
 67 
 
 Page 
 
 59-60 
 27 
 
 50-51 
 52 
 39 
 27 
 25 
 27-29 
 28 
 24 
 
 26 
 35 
 25 
 
 20 
 22-23 
 
 47-49 
 48 
 
 45 
 
 59 
 40 
 59 
 39 
 39 
 39 
 
 23 
 
 38 
 39 
 
 36 
 
 43 
 23-24 
 
68 INDEX. 
 
 EXAMINATIONS — Concluded. Section Page 
 
 Mee for SniranCe. tO) os sre ceiie ls sipncha oreats 486-11 38 
 56. 
 
 36 
 
 36-37 
 
 DATE DUE ee 
 
 = 
 ES 
 
 LILI 
 
 bo bo 
 ins 
 bo bo bh i] 
 OS oo 
 
 = 
 — 
 
 ert : 
 ar 
 arene : 
 2a Sie : 
 BREE G75, : 
 
 25-26 
 hee ae “ 
 a Bey 
 
 DEMCO. 38-297 
 
INDEX. 
 
 MERIT AND FITNESS — 
 To be determined by competitive ex- 
 ATRIA AT LOM athsls Parris emia ee ie! ickace aiahord wiv eres 
 MUNICIPAL CIVIL SERVICE COMMISSION 
 (See Civil service) — 
 MUNICIPAL COMMISSION — 
 ENG AEEO Clore fh che si wnrancteee fea tacerers ence heres ew ov ere ven 6 
 
 NOTICE OF — 
 
 PASXCLTTA TAL OILS detane atari ere aeaie nchensicleneueohae: wrens 
 
 Wearingvin case. Of removallinas ..:. << ey «ice 
 
 VADODIIC Vee a. enacts Areretehe e ate te ee ae ove Sie BIC OTE TON 
 OPINIONS OF EMINENT MEN............- 
 PAYMENT FOR POSITIONS — 
 
 Prohibited in classified service.......... 
 PAY ROLLS — 
 
 Must bear certificate of commission.... 
 PENALTY — 
 
 For violation of civil service provisions 
 
 ON PLCS ard avo wor and teoletn eee eee eee aie 
 
 POLITICAL AND RELIGIOUS OPINIONS— 
 
 Not sufficient cause for removal or sus- 
 DSTISLOM cs eh cid ares ieeeiarde od chdtote Dis ele Stee 
 
 POLITICAL ASSESSMENTS AND 
 
 ACTIVITIES — 
 
 Forbidden in classified service.......... 
 POLITICAL POVVER AND INFLUENCE — 
 
 Use of, forbidden in classified service.. 
 
 PROMOTION — 
 
 MACATICLESIIIIOG sO Ya woh etisicce res auklotra ces 
 PROPERTY — 
 
 LEMANS ECT rg OL ieee ta, asasroncs osx erste ine eed anne 
 PROSECUTIONS — 
 
 For violation of civil service act........ 
 RECORDS — 
 
 Commiuission=shally keep tin... %ooeicdsc tan 
 
 Governor shall have access to.......... 
 
 REDUCTIONS, LAY-OFFS AND SUSPEN- 
 SIONS — 
 
 Religious or political affiliations not 
 
 Sumicient: ‘warrant for. o.oo eedecs 
 
 Section 
 
 486-2 
 
 486-1 
 
 486-10 
 486-17a 
 486-13 
 
 486-25 
 
 486-21 
 
 486-28 
 
 486-17 
 
 486-23 
 
 486-26 
 486-27 
 
 486-15 
 
 486-31 
 
 486-30 
 
 486-7 
 486-7 
 486-7 
 
 486-17 
 
 69 
 Page 
 
 23 
 
 22 
 
 36-37 
 47 
 40 
 10-19 
 57 
 
 53 
 
 57-58 
 
 45-46 
 
 55 
 
 57 
 57 
 
 43-44 
 60 
 58 
 
 27 
 27 
 27 
 
 45-46 
 
70 INDEX. 
 
 REINSTATEMENT — 
 In classified service 
 REMOVALS — 
 BLOM. classifved. SEPVICE: asco nies tic wists o alshe 
 Appeal to commissioners........... Fem 
 REPEALS — 
 Of sections of the General Code by 
 Barnes=MOOre: -AiCt...)e wie oon case well 
 
 RULES AND REGULATIONS — 
 Prescribed by» commission... 2.22... 
 
 SALARIES (See Fees, compensation for ser- 
 vices and salaries) — 
 
 SCHEDULE — 
 Provisions of....... EE Bee te Se cE a ae kA 
 
 SECRETARY OF STATE COMMISSION — 
 Appointment oof 2 iets cae iateale dlotecsiststeun eles 
 DUtiGS? Off 72 ce os bets room naan ramen te area 
 Oaths may be administered by......... 
 Salary wOt 3 22 5 hovaewuat acct ate am canthsie apeiteetaretaacls 
 
 STATE COMMISSION — 
 Dehn ed ATs os Souls mein emote aude alee ate iers 
 
 STATE SERVICE — 
 EDYVi GY (c emery SAE Sica NA OAC Se IS cl 
 
 SUBORDINATE — 
 POPE: sacs vik Bo seacs iol wot oval aie alge te here ere sian e ie 
 
 TAXPAYERS’ RIGHT OF ACTION — 
 Restraining payment of compensation. . 
 
 TENURE OF OFFICE — 
 Tm ‘classified iSCPVACE Mich + emits eisitewe cleltels 
 
 TRANSFERS — 
 In. classified” SeErvice.niias on vege Rtelaratne om 
 
 UNCLASSIFIED CIVIL SERVICE (See Civil 
 service) — 
 
 WITNESS FEES — 
 
 Section 
 486-16 
 
 486-17a 
 486-17a 
 
 486-7 
 
 486-29 
 
 486-17a 
 
 486-16 
 
 486-7 
 
 Page 
 44 
 
 47 
 47 
 6C-61 
 
 27 
 
 58-59 
 
 25 
 25 
 27 
 25 
 
 22 
 22 
 ae 
 58 
 46-47 
 
 44 
 
 28 
 
ati " 
 
 CIVIL SERVICE LAWS OF OHIO 
 
 THE OHIO STATE UNIVERSITY BOOK DEPOSITORY 
 
 viii 
 
 ; a ay = — - ‘aay a