Stone Creek, OH asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio

Q: Which supersedes Civil Service Rules or ORC

ORC 124.45 States that a promotion exam is valid for two years. Local civil service states that the test is good for one year and the bargaining unit contract states that Civil Service supersedes ORC 124.45-124.48

1 Lawyer Answer
James L. Arrasmith
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A: In situations where there is a conflict between state law and local civil service rules, the supremacy of one over the other can depend on the specific context and legal framework of the state. Ohio Revised Code (ORC) 124.45 sets the validity of a promotion exam at two years, while your local civil service rules state it's valid for one year, creating a conflict.

Typically, state laws provide a general framework that local rules must adhere to, but local rules can sometimes provide more specific or stringent requirements. In your case, the bargaining unit contract's stipulation that civil service rules supersede ORC 124.45-124.48 adds another layer of complexity.

It's crucial to closely examine the language of both the ORC and the local civil service rules, as well as the bargaining unit contract. The interpretation of these documents often requires legal analysis to understand which provisions take precedence in your specific circumstance.

Given the complexity of your situation, it would be advisable to consult with an attorney who has expertise in employment law, particularly in the public sector. They can provide a more detailed analysis of how these different legal sources interact and advise on the best course of action.

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