State, ex rel. Krieger v. City of Broadview Heights (1984), 11 Ohio St.3d 139. Pursuant to R.C. 124.44, where a qualified individual has been certified by the civil service commission as the person receiving the highest rating on the pertinent examination, he or she is entitled to a writ of mandamus ordering his or her promotion to the position of chief of police.

State, ex rel. Pell v. City of Westlake (1980), 64 Ohio St.2d 360. Mandamus is a proper remedy to compel an employer to promote an employee to a vacant position when the employee has the right to promotional vacancy after taking a test for the vacant position and receiving the highest grade.

Collini v. Cincinnati (1993), 87 Ohio App.3d 553; cert denied 67 Ohio St.3d 1471. "Time in grade" requirement of state civil service law, that firefighter could not take examination for promotion unless he had served twelve months in rank from which promotion was to be made, was condition precedent to eligibility for promotional examination, and was concept separate and distinct from seniority.

Ketron v. Ohio Dept. of Transportation (1991), 61 Ohio App.3d 657. Provision allowing the state personnel board of review to hear appeals relative to public employee's assignment or reassignment to a new or different position classification does not provide the board with jurisdiction over an appeal from the denial of a promotion.

Blinn v. Ohio Bureau of Employment Services (1985), 29 Ohio App.3d 77. The existence of bad faith in the transfer and promotion of civil service employees does not depend upon a finding that the employer acted with a political or personal animus, or failed to comply with procedural requirements; where the intent and consequence of the employer's method is to subvert the civil service system to allow the selection of handpicked employees to fill jobs that should have been available to workers based on seniority and retention points, bad faith has been shown.

Avallone v. Cuyahoga County Board of Commissioners (Apr. 6, 1994), Franklin Co., No. 93CVF-09-6790, unreported. The state personnel board of review has no jurisdiction to hear appeals relative to a denial of promotion. View Common Pleas Decision | View SPBR Order

Parks v. Ohio Dept. of Administrative Services (Apr. 2, 1986), PBR 85-REC-12-1771. Where an appointing authority knowingly assigns an employee job duties outside her classification for five months without following any of the proper procedures for promotion and without notifying her of her date of reclassification, it may not later claim that her appeal with the state personnel board of review was filed in an untimely manner. View SPBR Order