(a) There is hereby created and established a Civil Service Commission which shall consist of three members appointed by the Mayor for terms of six years each; provided that the persons holding the office of member of the Civil Service Commission at the time this revised Charter takes effect shall continue to serve in that office for the remainder of their terms, but shall exercise the powers, duties and functions as provided in this Charter. Not more than two members shall be of the same political party.
(b) All compensated positions in the service of the City shall be in the classified service and shall be appointed pursuant to competitive examinations, except the following which shall comprise the unclassified service of the City:
(1) Members of Council including the President of Council.
(2) All clerical employees of the Council.
(3) The Mayor.
(4) All heads of departments created by this Charter or created by the Council under this Charter.
(5) All assistants to the City Attorney.
(6) Members of boards and commissions established by this Charter or by the Council.
(7) Volunteer members of the Department of Fire and members of the auxiliary police unit within the Department of Police.
(8) The secretary of each board and commission established by this Charter or by the Council, provided that if such secretary holds other employment within the classified service of the City, this section shall not exempt such person from the requirement of competitive examination to hold such other employment.
(9) The General Manager appointed by the Board of Public Affairs under Section 7.02 of this Charter.
(10) Persons of exceptional professional or scientific qualifications engaged as consultants.
(11) Unskilled laborers as defined and authorized by the Civil Service Commission, temporary employees who are not employed for more than ninety continuous days or for more than ninety days in one year.
(12) One personal secretary to the Mayor and one deputy or clerk to the City Clerk-Treasurer and City Attorney, provided, however, that it shall be necessary for such positions to have been created by the Council.
(c) The Mayor shall appoint and promote, subject to confirmation of the Council, and shall remove, suspend or otherwise discipline all employees of the City, except employees under the control and supervision of the Board of Public Affairs, in accordance with the Civil Service provisions of this Charter.
No employee appointed or promoted by the Mayor shall take his position with the City until the Council shall confirm his appointment or promotion by a majority vote of its membership, provided that the Mayor may make appointments to be effective for a period of not more than thirty days without the approval of the Council, when in his judgment the affairs of the City require such emergency action. The Board of Public Affairs shall appoint, promote, remove, suspend and otherwise discipline all employees under its control and supervision in accordance with the civil service provisions of this Charter. Appointments and promotions by the Board of Public Affairs shall not be subject to confirmation by the Council.
(d) The selection, promotion, demotion, discipline and removal of all employees within the classified service, shall be made in accordance with rules and regulations adopted by the Civil Service Commission and approved by the City Council, and such rules and regulations shall prevail over conflicting provisions of the laws of the State of Ohio. The rules and regulations of the Civil Service Commission shall require that appointments and promotions in the classified service shall be made according to merit and fitness, to be ascertained, as far as practical, by competitive examinations.
(Passed by voters 11-8-83.)
(a) The Board of Public Affairs shall consist of five members to be elected from the City at large for overlapping terms of four years. Members of the Board shall be electors of the City. Persons serving as members of the Board at the time this revised Charter becomes effective shall continue in office for their existing term of office and until their successors are elected or appointed as provided under the revised Charter. The Mayor shall be an ex-officio member of the Board of Public Affairs, entitled to attend all meetings of the Board and to participate in the discussions and deliberations of the Board, but shall have no vote on the Board.
(Amended 11-4-97.)
(b) The Board of Public Affairs shall have the control and supervision over the operations and personnel of the electric and water utilities, including paying and setting the wage of each of its personnel, and such other functions and duties assigned to it by the Council, subject to the provisions of Section 6.10 of this Charter.
(c) No public utility facility, used for the provision of a utility service, shall be sold, without the approval of such sale, by a majority vote of the electors of the City.
(d) The Board of Public Affairs shall submit its itemized budget requests to the Mayor for inclusion in the proposed budget submitted to the Council for its consideration. Once the Council has appropriated funds for the use of the Board of Public Affairs, the Board need not secure further approval for its expenditures by the Council so long as the funds are expended for the purposes appropriated; provided that the Council shall retain the power to increase, reduce and transfer appropriations made for the use and purposes of the Board, with the approval of the Board.
(e) The Board of Public Affairs shall appoint a Director of Utilities of the electric and water utilities. He shall serve at the pleasure of the Board which pays him, sets his wage, and the term of his office. He shall act as the executive head of the electric and water utilities and shall perform such other functions and duties as directed by the Board.
(f) The office of a member of the Board shall become vacant upon his death, resignation or removal from office. A vacancy in the Board shall be filled for the remainder of the unexpired term at the next regular municipal election following not less than sixty (60) days upon the occurrence of the vacancy, but the Board by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Board shall fail to fill the vacancy of the interim period as provided herein above within thirty days following the occurrence of the vacancy, its power to fill the vacancy shall lapse and the Mayor shall fill the vacancy during the interim period of appointment.
(g) The Board may remove a member of the Board and declare his office to be vacant upon finding the accused member guilty of any of the following causes by a two-thirds vote of the members of the Board, excluding the accused member:
(1) Willful or repeated violation of the provision of this Charter.
(2) Failure to attend three consecutive regular meetings of the Board without being excused by the Board. Board may excuse absences of its members at any time, whether before or after the absence.
(3) Misfeasance, malfeasance and nonfeasance in office.
(4) Failure of a member to resign when he no longer maintains his main residency within the municipal limits of the City of Bryan.
(Passed by voters 5-8-84.)
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