7.04 Merit System.
   (A)   [INTENTIONALLY OMITTED]
   (B)   Within one hundred twenty days after Canal Winchester is declared and proclaimed to be a city, the Council shall adopt ordinances or resolutions providing for a code of personnel practices, which initial measures shall not be subject to referendum or initiative procedures. Pursuant to the procedures established in the code of personnel practices as it may be amended from time to time, all appointments and promotions of employees of the Municipality shall be made according to merit and fitness, to be ascertained, as far as practicable, by competitive examination.
   (C)   The following offices and employee positions shall be exempted from the requirements of the merit system and shall be in the unclassified service of the City:
      (1)   All elected officials;
(2)   The Clerk of Council, the Clerk or Secretary to each Board and Commission, the Director of Law, Prosecutor, the Director of Finance, the Director of Development, the Director of Public Service, the Police Chief, the Fire Chief, other department heads, and one assistant to each department head, other than police and fire.
(3)   All members of Boards and Commissions.
(4)   Any other offices or positions of employment that the Council shall determine by ordinance or resolution to be exempted from the merit system because of: (a) the confidential nature of their duties to the Mayor, any department head, the Council, or any board or commission; (b) the professional, technical or scientific nature of their duties, or (c) the part-time or voluntary nature of the work or duties.
   (D)   The code of personnel practices shall include provisions for causes and procedures for the dismissal, suspension and other disciplinary action against employees in the classified service. Except as otherwise provided in this Charter, the Mayor shall appoint, promote, dismiss, suspend and otherwise discipline employees in the classified and unclassified service of Canal Winchester.
   (E)   There is hereby created a Personnel Board of Review consisting of three electors of Canal Winchester not holding other office, appointment or employment with Canal Winchester, to be appointed by the Mayor subject to confirmation by the Council by a majority vote of the Council for a term of three years, except that of the three members of the Board first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years, all commencing the first day of January following their appointment. The Personnel Board of Review shall be organized as provided in Division (E)(1) of this Section and shall have the powers, duties and functions provided in Division (E)(2) of this Section.
(1)   The Personnel Board of Review shall designate one of its members as Chairman and the Council by ordinance or resolution may authorize the appointment by said Board of a Clerk who may be a person having other employment with the Municipality.
   
(2)   The Personnel Board of Review shall have the power to hear appeals from administrative determinations made pursuant to the code of personnel practices, as may be authorized by the code, and may have such other powers and duties as may from time to time be given to it by ordinance or resolution of the Council. The Board shall keep a record of its proceedings which shall be open to public inspection and shall conduct its proceedings in accordance with the ordinances and resolutions of Council enacted pursuant to this Charter and the rules and regulations of the Board adopted by it pursuant to authority granted by ordinances or resolutions of the Council.