MUNICIPAL CORPORATIONS - HOME RULE AMENDMENTS - CONFLICT BETWEEN LOCAL AND STATE LAW

The petitioner, on behalf of the city of Akron, applied for a writ of mandamus to compel the board of health of the city to apply the municipal civil service regulations to the employees of the board. In 1912, Ohio had adopted a so-called "home rule amendment" to its constitution, under authority of which the city had formulated its charter. By statute, each city in Ohio constitutes a city health district, and the officers thereof are appointed by the mayor of the city with the consent of the city council. The state statutes make no express reference to civil service regulations.

Held, writ denied. The board of health is a distinct agency of the state. Consequently, municipal civil service rules are inapplicable to the employees of the board. State ex rel.

Mowrer v. Underwood, 61 Ohio App. 103, 22 N. E. (2d) 424 (I939).