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The Eighth District Court of Appeals held that giving city employees bonus points on promotional exams for living in Cleveland violates the Ohio Constitution, Article XV, Section 10Cleveland Firefighters Assn. v. Cleveland, 2013-Ohio-5439. 

Ohio Constitution, Article XV, Section 10 states:

Appointments and promotions in the civil service of the state, the several counties, and cities, shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examinations. Laws shall be passed providing for the enforcement of this provision.

The Court found that there was not a valid relationship between the preference points awarded by the city and the merit and fitness of the candidate for promotion.  Also, a candidate’s knowledge of the community could be ascertained by a competitive examination, and such examination is preferred by the Ohio Constitution.

Court News Ohio article.


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