State ex rel. Myers v. Chiaramonte

348 N.E.2d 323, 46 Ohio St. 2d 230, 75 Ohio Op. 2d 283, 1976 Ohio LEXIS 624
CourtOhio Supreme Court
DecidedMay 19, 1976
DocketNo. 75-756
StatusPublished
Cited by30 cases

This text of 348 N.E.2d 323 (State ex rel. Myers v. Chiaramonte) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Myers v. Chiaramonte, 348 N.E.2d 323, 46 Ohio St. 2d 230, 75 Ohio Op. 2d 283, 1976 Ohio LEXIS 624 (Ohio 1976).

Opinion

Celebrezze, J.

The primary issue presented by this appeal is whether the provisions of R. C. 124.33 apply to permanent' transfers of members of the Ohio State Highway Patrol from one district to another.

At first glance, that issue appears capable of resolution in a relatively straightforward and uncomplicated manner.

R. C. 124.33 is a part of Ohio’s Civil Service Act set forth in Chapter 124 of the Revised Code. In this regard, R. C. 124.01 defines, inter alia, the following terms:

[233]*233“ (A) ‘Civil service’ includes all offices and position^ of trust or employment in the service of the state * # *.■

“(B) ‘State service’ includes all such offices and positions in the service of the state * * *.

“(C) ‘Classified service’ means the competitive classified civil service of the state *' * *.

“(D) ‘Appointing authority’means the officer, commission, board, or body having the power of appointment to, or removal from, positions in any office, department, commission, board or institution.

“(F) ‘Employee’ means any person holding a position subject to appointment, removal, promotion, or reduction by an appointing officer.

Pursuant to the provisions of B. C. 124.01, the operation of the state highway patrol, manned by state employees, appears to be subject to the civil service laws of this state, including the provisions of B. C. 124.33.

In the Court of Appeals, the parties stipulated

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Cite This Page — Counsel Stack

Bluebook (online)
348 N.E.2d 323, 46 Ohio St. 2d 230, 75 Ohio Op. 2d 283, 1976 Ohio LEXIS 624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-myers-v-chiaramonte-ohio-1976.