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Perkins v. Mount Vernon Civil Service Commission

Court of Appeals of Ohio, Fifth District

June 6, 2008

MARK PERKINS Plaintiff-Appellant/Cross Appellee
v.
MOUNT VERNON CIVIL SERVICE COMMISSION, et al. Defs.-Appellees/Cross-Appellants

Civil Appeal from the Court of Common Pleas, Case No. 06 AP 110525

For Plaintiff-Appellant/Cross-Appellee: KAY E. CREMEANS, PAUL L. COX

For Defs.-Appellees/Cross-Appellants: GREGORY A. BECK, JAMES F. MATHEWS

Hon. John W. Wise, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J.

OPINION

Wise, P. J.

{¶1} Appellant Mark Perkins appeals the decision of the Knox County Court of Common Pleas, following an administrative appeal under R.C. Chapter 2506. The appellees are the City of Mount Vernon, Ohio, and the Mount Vernon Civil Service Commission.

{¶2} In June 2006, the position of Mount Vernon Police Chief became vacant. A civil service test for the position was thereupon scheduled by Appellee Mount Vernon Civil Service Commission ("Commission") for mid-August 2006, open to the captains and sergeants of the Mount Vernon Police Department.[1] After the grading of the examinations, however, none of the captains or sergeants obtained a passing score (70% or better).

{¶3} On August 23, 2006, the City requested that the Commission retest for the police chief position, this time opening the test to corporals and above. On August 31, 2006, the Commission voted unanimously to make corporals eligible to take the police chief test. A notice to that effect was posted, listing a test date of October 23, 2006. The notice also stated, in conformity with the commission's decision, that "[c]orporals who receive a passing grade will only be eligible for promotion to this position if no sergeants or the captain obtain a passing grade."

{¶4} Appellant, a corporal, decided to take the October 23, 2006 examination.

{¶5} Upon completion of the test, the results were calculated as follows:

NAME

RANK

RAW SCORES

SCORES W/ SENIORITY

Mark Perkins

Corporal

91

96.82

Roger Monroe

Corporal

85

93.5

Michael Merrilees

Captain

85

93.5

Jeffrey Jacobs

Sergeant

80

88.0

George Hartz II

Sergeant

78

84.8

Troy Glazier

Sergeant

72

79.2

{¶6} Appellant thus had the highest final score, 96.82. Nonetheless, the Commission certified Captain Michael Merrilees, who had obtained a final score of 93.5. On November 13, 2006, the City of Mount Vernon appointed Merrilees as police chief.

{¶7} Appellant filed a Chapter 2506 administrative appeal to the Knox County Court of Common Pleas on November 21, 2006.

{¶8} On October 10, 2007, the trial court issued a judgment entry dismissing appellant's administrative appeal and affirming the Commission's certification of ...


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