State v. Board Of Commissioners Of Hocking County

• Decision Date: 17 June 1920
• Docket Number: No 16561,16561
• Citation: 128 N.E. 286,101 Ohio St. 336
• Parties: The State, Ex Rel. Hart, v. The Board Of Commissioners Of Hocking County
• Court: Ohio Supreme Court

128 N.E. 286

101 Ohio St. 336

The State, Ex Rel. Hart, v. The Board Of Commissioners Of Hocking County

No 16561

Supreme Court of Ohio

June 17, 1920

Civil service - Jurisdiction of state commission - Appeal by removed employe - Refusal by commission to entertain proceeding - Mandamus - Superintendent and matron of county home - State civil service Rule VI, Section 3 (1919) - Husband successful, but wife fails in examination - Section 2522, General Code (108 O. L., pt. 1, 267), inapplicable when- Notice and certificate of eligibility distinguished - Continuing jurisdiction of applicants and eligible list.

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The relator, Lucius Hart, filed his petition here against the Board of County Commissioners of Hocking County and the State Civil Service Commission for a writ of mandamus to require the Board of County Commissioners to certify to the State Civil Service Commission its record of proceedings suspending and removing relator from the position of Superintendent of the County Home of Hocking County, Ohio, and to require the State Civil Service Commission to entertain an appeal from the decision of the Board of County Commissioners.

The petition and the amendment thereto allege that on the first day of September, 1919, the commissioners of Hocking county appointed the relator as superintendent of the county home and that on the 30th day of January, 1920, while he was holding the position of such superintendent, they filed certain charges and made certain findings against him, as a result of which they suspended and re- moved him from his office and employment as such superintendent; that he was given five days to make answer to the charges, which he did; that the board of county commissioners refused to certify the record to the State Civil Service Commission; that he made application to the State Civil Service Commission in the nature of an appeal that the State Civil Service Commission refused and still refuses to entertain jurisdiction thereof; and that relator at the time of his appointment was first upon the eligible list and that he obtained his appointment by virtue of and under authority of the laws of the state of Ohio with reference to civil service appointments.

To the petition the defendants filed their answer admitting the filing of the charges against the relator by the board of county commissioners, the making of the findings against him his suspension and removal from the position of superintendent of the county home, the refusal of the board of county commissioners to reinstate him, that he made application to the state civil service commission in the nature of an appeal, and that the state civil service commission refused and still refuses to entertain jurisdiction of such appeal. By way of defense they aver that prior to the employment of the relator the state civil service commission under and by virtue of Section 486-9 General Code, had adopted the following rule: "In positions where the nature of the public service requires the joint employment of persons related by blood or marriage, such as husband and wife, father and daughter, mother and son, or brother and sister, both such persons must be eligible in order that either be certified. In such cases, standing on the eligible register will be determined by the average of the grades of both;" that the above rule was in full force and effect at the time of the appointment of the relator; that during the period of the employment of the relator it was necessary for the conducting of the county home and the care of its inmates to employ a superintendent and a matron; that prior to the appointment of the relator the board of county commissioners of Hocking county adopted a rule and had same entered upon the infirmary journal as follows: "Rule 6. The wife of the superintendent shall be the matron of the infirmary. It shall be her duty to see that this institution is kept clean, sanitary and orderly, to look after the bed clothes and clothing of inmates, to see that the cooking is properly done and to administer to the sick under the direction of the infirmary physician," which rule was in full force and effect at the time of the appointment and during the incumbency of 'the relator; that on January 11, 1918, the relator and his wife participated in an examination for the positions of superintendent and matron of the Hocking county home; that relator passed the examination and his wife failed, and their names were not placed On the eligible list; that on January 3,1919, the relator and his wife participated in a second competitive examination for the same positions, that relator passed the examination and his wife failed, and their names were not placed on the...