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The civil service of the City is hereby divided into the unclassified and classified service.
1. The unclassified service shall include:
(a) All officers elected by the people.
(b) All directors and assistant directors of departments.
(c) The Clerk of Council.
(d) The Chief of Police, four Deputy Chiefs of Police, and twelve Commanders of Police.
(e) The members of all boards or commissions appointed by the Mayor and of advisory boards appointed by the director of a department.
(f) The secretary to the mayor and one secretary for each director of a department.
(g) Executive Assistants to the Mayor and Special Assistants to the Mayor, provided, however, that there shall be no restrictions as to their duties or assignments.
(h) Temporary employees for a period not to exceed ninety (90) days and seasonal employees for a period not to exceed one hundred and eighty (180) days.
(i) Students enrolled in a recognized educational institution and in a course of training in preparation for an administrative or professional career in the public service and employed upon the recommendation of the official in charge of personnel administration as student aides for training purposes without limitation as to assignment or duties.
(j) School crossing guards.
(k) Members of the auxiliary police force.
2. The classified service shall comprise all positions not specifically included by this charter in the unclassified service. There shall be in the classified service three classes to be known as the competitive class, the noncompetitive class and the general labor class.
(a) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive tests.
(b) The noncompetitive class shall include all positions requiring specialized training, or skills requiring certifications or licensure, and qualifications of a scientific, business, managerial, professional or educational character, as may be determined by the Commission. The fitness of applicants in the non- competitive class shall be based on the applicant’s knowledge, skills and abilities relative to the qualifications for the position.
(c) The general labor class shall include semi-skilled and unskilled labor positions for which it is impractical to give competitive tests. The positions shall be filled from a registration list established and maintained by the Commission. The Commission shall register applicants for positions in the general labor class either continuously or at times as there are vacancies to be filled, provided, however, that no registration may be accepted until public notice of the intention to so accept registrations shall be made by the Commission. Priority of registration shall determine an applicant’s place on the registration list, provided the applicant meets required standards as to age, citizenship, physical fitness and residence as established by the Commission.
(Effective November 4, 2008)
The Civil Service Commission shall make, promulgate, and when necessary may amend, rules for the appointment, promotion, transfer, lay-off, reinstatement, suspension and removal of City officials and employees in the classified service. Before any such rules or amendments shall become effective they shall be printed and an opportunity given for a public hearing thereon to be held after reasonable notice thereof has been given by the Commission. The Commission shall report its proceedings to the Mayor upon his request, and shall make a report to the Mayor at the beginning of each fiscal year.
(Effective November 9, 1931)
The rules of the Civil Service Commission shall among other things, provide:
(a) For standardized classifications in the classified service of the City, including officers and employees of the Civil Service Commission and the determination of regular status.
(b) For open competitive tests to ascertain the merit and fitness of all applicants for appointments in the competitive class.
(c) For public notice in the City Record or otherwise of the time and place of all competitive tests.
(d) For establishing eligible lists from competitive tests. The lists will consist of the names of successful candidates in the order of their standing.
(e) For the rejection of candidates or those eligible who fail to comply with reasonable requirements as to moral, psychological, or physical character, or who have attempted deception or fraud in connection with any application or test for a position in the classified service.
(f) For the certification to the appointing authority, from the appropriate eligible list from a competitive test to fill a vacancy in the competitive class, of the ten (10) persons standing highest on the list, or of the person or persons on the list when it contains ten (10) names or less, except when the list is a promotional list in which case Charter Section 133 applies.
(g) For employment without test, in the absence of an eligible list, but the employment shall not continue after the establishment of an eligible list for the classification.
(h) For temporary employment for periods not to exceed ninety (90) days.
(i) For qualifications required for positions in the noncompetitive class.
(j) For promotion based on competitive tests and records of efficiency, character, conduct and seniority.
(k) For the period of probation for each classification, which period shall begin upon appointment and shall not continue beyond six (6) months and for removal or demotion if the service during the probationary period is unsatisfactory.
(l) For transfer from a position to a similar position and for reinstatement on the eligible list within one (1) year of persons who, without fault or delinquency on their part, are separated from the service or reduced in position.
(m) For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty (30) days at any one (1) time.
(n) For discharge or demotion in rank or compensation, only after the person has been presented with the reasons specifically stated in writing and has been given an opportunity to be heard in his or her own defense. The reasons for the discharge or demotion and any reply in writing by the employee shall be filed with the Commission.
(o) For investigating and keeping a record of the efficiency of officers and employees in the classification service, and for requiring markings and reports relative to officers and employees in the classification service from appointing officers.
(p) For the publication of the rules and amendments in the City Record.
The Commission shall adopt other rules, not inconsistent with the provisions of this section as may be necessary and proper for the enforcement of the civil service system, and to provide for the procedure of the Commission.
(Effective November 5, 2019)
Tests required by the Civil Service Commission shall be practical and shall relate to matters which fairly measure the relative fitness of the candidates to discharge the duties of the positions to which they seek appointment. No question in any such test shall relate to political or religious opinion, affiliation or service; and no appointment, transfer, lay-off, promotion, reduction, suspension, or removal shall be affected or influenced by such opinion, affiliations or service.
(Effective November 9, 1931)
Eligible lists created by the Commission shall remain in force not longer than two years. In the absence of an appropriate eligible list, any place may be filled temporarily, without test, for the period limited by the civil service rules, but not exceeding one year. During such period the Commission shall hold the necessary tests for filling any such place permanently. With the consent of the Commission, persons may be temporarily employed for transitory work without test, but no such employment shall continue for more than sixty days, or be renewed.
(Effective November 4, 2008)
When any position in the classified service, except the general labor class, is to be filled, the appointing authority shall notify the Commission of the fact and the Commission shall certify to the authority the names and addresses of the ten candidates standing highest on the eligible list for the class or grade to which that position belongs. The appointing authority shall appoint to that position one of the ten persons whose names are certified. When the eligible list contains less than ten names, those names shall be certified, from which the appointing authority may appoint one for that position. A person certified from the eligible list more than four times to the same appointing authority for a position of the same or similar classification may be omitted from future certification, but certification for a temporary appointment shall not be counted as one of the certifications.
When any position in the general labor class is to be filled, the appointing authority shall notify the Commission of that fact, and the number to be appointed whereupon the Commission shall certify to the appointing officer the names and addresses of twice the number of candidates required to fill the position or positions in the order of their standing on the appropriate eligible list. The appointing officer shall, without restriction as to order, appoint to the position or positions from among the candidates so certified. The name of a person, not selected for appointment, whose standing on the eligible list is above the names of the last person appointed from that certification, shall not be again certified, except upon request, to the same appointing officer. The name of a person not selected for appointment, after being certified to two separate appointing officers shall not again, except upon request of an appointing officer, be certified, but certification for a temporary appointment shall not be counted as one of the certifications.
All original and promotional appointments shall be for a probationary period of not to exceed six months to be fixed by the rules of the Commission, and no appointment or promotion shall be deemed finally made until the appointee has satisfactorily served his or her probationary period. At the end of the probationary period, the appointing officer shall transmit to the Commission a record of the employee's service certifying that the service has been satisfactory or unsatisfactory and if the service is unsatisfactory, the employee may, with the approval of the Commission, be removed or reduced without restriction; but dismissal or reduction may be made during that period, as is provided for in Section 121 of the Charter.
When no eligible list for a position exists, or when the eligible list has become exhausted and until a new list can be created, names may be certified from the eligible list most nearly appropriate to the position to be filled.
(Effective November 3, 2015)
Employees in the classified service who were hired in their current position on or before August 6, 2008 and who serve in that position for 90 consecutive days or longer without test by the Commission, who meet the qualifications for that position, and who have an employment record that is satisfactory shall become regular employees in that position without test. Any employee who becomes a regular employee in his or her position under this section is not eligible to apply for any other position in the classified service without test and compliance with all other provisions of the laws of the City of Cleveland and rules promulgated by the Commission.
(Effective November 4, 2008)
No person shall be appointed or employed in the service of the City under any title not appropriate to the duties to be performed, and no person shall be transferred to or assigned to perform any duties of a position subject to competitive test unless he shall have been appointed to the position from which the transfer is made as a result of competitive test equivalent to that required for the position to be filled.
(Effective November 8, 1938)
Wherever practicable, vacancies shall be filled by promotion. Any advancement in rank or increase in salary beyond the limits fixed for the grade shall constitute a promotion. Lists shall be created and promotions made therefrom of candidates in the same manner as in original appointments, except that the Commission shall certify the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which the promotional position belongs and the appointing authority shall appoint one of the three persons whose names are certified; and provided, however, that less than three shall constitute an eligible list, and the appointing authority shall appoint from the eligible list.
(Effective November 3, 2015)
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