175.01 LOCAL RULES.

   Council hereby approves and ratifies The Local Rules of the Civil Service Commission, effective February 4, 1998, pursuant to Article I and Article V, Sections 6 and 7, of the Euclid City Charter, as amended, and directs that said Rules, a copy of which is on file with the Clerk of Council, be codified herein, as follows:

THE LOCAL RULES
OF THE
CIVIL SERVICE COMMISSION
OF
THE CITY OF EUCLID, OHIO

Effective February 4, 1998

TABLE OF CONTENTS

CHAPTER 1: ORGANIZATION

CHAPTER 2: EMPLOYMENT DESIGNATION

CHAPTER 3: CLASSIFICATION OF POSITIONS

CHAPTER 4: EXAMINATIONS

CHAPTER 5: ELIGIBILITY LISTS

CHAPTER 6: CERTIFICATIONS AND APPOINTMENTS

CHAPTER 7: APPOINTMENTS, TRANSFERS AND PROMOTIONS TO VACANCIES IN THE CLASSIFIED SERVICE

CHAPTER 8: SUSPENSION, DISCHARGE AND REDUCTION

CHAPTER 9: TRANSFERS, LAYOFFS, REINSTATEMENTS AND LEAVES OF ABSENCE

CHAPTER 10: TEMPORARY AND EMERGENCY APPOINTMENT

CHAPTER 11: RESIGNATIONS

CHAPTER 12: ORIGINAL APPOINTMENT - POLICE AND FIRE/LATERAL ENTRY

CHAPTER 13: PROMOTION - POLICE AND FIRE

CHAPTER 14: WAIVER AND AMENDMENTS OF RULES

CHAPTER 15: CONFORMITY WITH STATE STATUTES

CHAPTER 16: MISCELLANEOUS RULES

APPENDIX A   EUCLID CIVIL SERVICE JOB CLASSIFICATIONS

APPENDIX B   PUBLIC RECORDS REQUEST FORM

CHAPTER 1
ORGANIZATION

1.1   OFFICERS. Upon appointment of a new member, the Commission shall designate one of its members as President. The member so designated shall serve as President until a successor is appointed.

1.2   SECRETARY AND CHIEF EXAMINER. The Secretary of the Commission shall be its chief administrative officer and chief examiner.

1.3   PURCHASING PROCEDURE. All requisitions and purchases of Commission shall be subject to prior Commission approval. All statements and bills for items purchased or services rendered shall (a) receive verification or approval by the Commission or the appointing authority benefiting from the purchase and (b) receive a vote of approval by the Commission prior to actual payment.

(Effective 5/4/93)

CHAPTER 2
EMPLOYMENT DESIGNATION

2.1   DEFINITIONS. Except where otherwise provided by law, the Euclid Civil Service Commission shall specify the class or classification of each office, employee, or position of each Appointing Authority within its jurisdiction as classified or unclassified.

2.2   POSITIONS SPECIFIED.

   (A)   Classified Service shall include all offices and positions not otherwise unclassified, as determined by application of the Ohio Revised Code, the Charter of the Euclid, and the Euclid Civil Service Commission.

   (B)   Unclassified service shall consist of those offices and positions specifically exempted from the classified service by the Ohio Revised Code, the Charter of the City of Euclid, or the Euclid Civil Service Commission.

CHAPTER 3
CLASSIFICATION OF POSITIONS

3.1 APPOINTING AUTHORITY DUTIES IN CIVIL SERVICE PROCESS, GENERALLY; POSITION AND APPOINTMENT CLASSIFICATIONS; CERTIFICATIONS.

   (A)   Appointing Authority Duties in Civil Service Process. Generally to satisfy mandates of Federal and State Law and as prerequisite for the conduct of examinations, competitive or non-competitive appointments in the classified service and otherwise establishing and certifying the status of applicants, appointees and positions in the classified civil service, the Appointing Authority for each position in the classified service shall provide and meet the conditions and standards of these rules subject to confirmation and approval by written order or motion approved by a majority vote of the Civil Service Commission, including the following:

      (1)   Provide and compensate as required by employment or consulting contract arrangements and assignments the necessary personnel or staff having the requisite professional qualifications to do a job analysis, prepare a job description, develop and/or select appropriate tasks and job qualifications, administer tests and prepare the documentation or validation for such tests and qualifications and be available to defend such recommendations in local hearings or before courts as required by law and as required and subject to approval of the Civil Service Commission.

      (2)   Recommend, supply and apply for recognition of a job description and classification of procedure to be utilized for examination, appointment and certification of appointment for each position in the classified Civil Service within the Appointing Authorities power of appointment. The application to include and provide:

         (a)   A professionally developed job description of the duties in general, a description of the critical functions that must be performed and the recommended probationary period, prerequisite minimum qualifications with respect to minimum education, years of service at any lower classification position under the Appointing Authority, licenses, certifications, prior experience and any other special qualifications.

         (b)   A professionally developed recommendation and documentation as to which procedure should be utilized for examination, appointment and certification or appointment to such position.

         (c)   Any reports which professionally recommend adoption and use of the job description and certification classification procedure to be utilized for appointments.

      Respecting job descriptions, testing and qualifications for such position in the classified service, for purposes of these rules the respective authority and determinations of this Appointing Authority and Civil Service Commission are defined as follows: (a) the Appointing Authority is the final authority for determination of compensation, terms and conditions of employment, legal qualifications and the duties of such positions including such duties as are frequent, ordinary and customary and such duties as are frequent, ordinary and customary and such duties determined as mandatory and critical duties that must be performed by persons holding such position notwithstanding frequency of occurrence, and (b) as provided by law, the final authority of the Civil Service Commission includes the selections and determinations of merit and fitness tests, standards and qualifications including minimum qualifications of fitness and passing scores on tests required for satisfactory job performance and the probationary period.

      Tests and qualifications recommended by the Appointing Authority will be approved by the Civil Service Commission, when such Commission is satisfied that the job description provided reflects a basis for their use and that such tests and qualifications will in fact measure applicants for the job applied for, and the use thereof will not be violative of equal opportunity of civil rights laws. The professional developed documents and recommendations required by this section should be made by the Appointing Authority and at least one person having one or more years of experience in supervising or performing the duties of the position. Depending upon the nature of the position and other circumstances deemed relevant, the Civil Service Commission may also require review and recommendation as to such professionally developed documents and recommendations required by this section to be made or supplemented by an expert, found qualified and approved by the Civil Service Commission, having at least an undergraduate college degree in industrial psychology or other applicable discipline and one or more years of experience in professionally developing and preparing such documents, reports and recommendations required by this rule.

   (B)   Positions and Appointment Classifications. Classifications for purposes of determining the application, examination, appointment and certification process to be utilized in filling the respective position in the classified service shall be as follows:

      (1)   Class 1. Where it is determined that an appointment to a position shall be pursuant to competitive examination, the appointment and position shall be known as a Class 1 position and the Regular Competitive Examination appointment and Temporary or Provisional appointment to such a position pursuant to O.R.C. 124.30 (C) or (A), respectively, or appointments pursuant to a valid collective bargaining agreement provision authorized by O.R.C. Chapter 4117 shall be known as Class 1E, 1T, 1P and Class 1CB appointments, respectively;

      (2)   Class 2. Where it is determined that an appointment to a position shall be pursuant to this non-competitive process applicable to unskilled positions, the appointment and position shall be known as a Class 2 appointment or position;

      (3)   Class 3. Where it is determined that an appointment to a position shall be pursuant to the non-competitive process applicable to special qualifications positions, the appointment and position shall be known as a Class 3 appointment or position;

      (4)   Class S. Where it is determined that an appointment to a position in the classified service has become effective with or without application, two years of service, and the circumstances as required and provided by O.R.C. 124.271, the appointment shall be known as a Class S appointment; and

      (5)   Class E. Where it is determined that an appointment to a position is unclassified or exempt from Civil Service rules and process pursuant to: Article V, Section 7 or City of Euclid Charter; O.R.C. 124.11 (A): Orders, Ordinances or resolutions adopted by the Political Subdivisions in which the position exists pursuant to the foregoing, or as otherwise provided by law, the appointment and position shall be known as a Class E appointment or position.

3.2 APPOINTING AUTHORITY DUTIES IN CIVIL SERVICE PROCESS; COMPETITIVE EXAMINATIONS/APPOINTMENTS: CLASS 1 APPOINTMENTS; TEMPORARY APPOINTMENTS (CLASS 1T); PROVISIONAL APPOINTMENTS (CLASS 1P); COLLECTIVE BARGAINING AGREEMENT APPOINTMENTS (CLASS 1CB).

   (A)   Competitive Examination Appointments (Class 1). All tests and qualifications applied for selection shall be professionally developed, selected, recommended and administered. All professional developed tests and qualifications to be utilized shall be professionally recommended by the Appointing Authority and at least one person having one or more years of experience to supervising or performing the duties of the position. The tests and qualifications to be used, the method of administering or applying same shall be professionally recommended by an expert found qualified by the Civil Service Commission and having at least an undergraduate college degree in industrial psychology or other applicable discipline and one or more years of experience in professionally developing, selecting, recommending and administering such tests and qualifications provided by the Appointing Authority. Such expert in making recommendations shall include a report as to the basis for the recommendation, including at minimum, a confirmation that: the expert has examined the applicable job description and conducted an investigation including sufficient interviews to determine the general and critical duties of the position in question and that the tests and qualification developed, selected and recommended do measure an applicant’s ultimate fitness and relative merit and ability to perform the duties of the position applied for and are valid under the applicable State and Federal laws and regulations.

   The Appointing Authority shall also provide sufficient facilities and staff for the conduct of the professionally developed test and qualifications on the dates established by the Civil Service Commission.

   The Civil Service Commission will certify a competitive examination Class 1 appointment when properly applied for and the Appointing Authority certified to the Civil Service Commission in writing the name of the appointee, the position filled in the classified service and data of such appointment made from an eligible list developed pursuant to competitive testing.

   (B)   Temporary Appointments (Class 1T). The Civil Service will certify a temporary Class 1T appointment pursuant to O.R.C. 124.30 (C) when: (1) properly applied for, (2) the Appointing Authority applies to the Civil Service Commission for approval of such temporary appointment in writing naming the appointee, the position to be filled in the classified service, the date and term of appointment, the grounds required by O.R.C. 124.30 (C) for such appointment, and the eligible list developed pursuant to competitive testing upon which the name appears, and (3) the Civil Service Commission finds that the Appointing Authority’s application satisfies the provisions of O.R.C. 124.30 (C) and that the applicant is found qualified by the Civil Service Commission, and approves the appointment by written order or motion approved by a majority vote of the Civil Service Commission.

   (C)   Provisional Appointment (Class 1P). The Civil Service Commission will certify a provisional Class 1P appointment when: (1) properly applied for, (2) the Appointing Authority also applies for approval of such provisional appointment to the Civil Service Commission in writing naming the appointee, the position to be filled in the classified service and the date the appointment is to be made, and the grounds required by O.R.C. 124.30 (A), and (3) the Civil Service Commission finds that the Appointing Authority’s application satisfies the provisions of the O.R.C. 124.30 (A) and that the applicant is found qualified by the Civil Service Commission upon administration of the tests and qualifications as set forth above, and approves the appointment by written order or motion approved by a majority vote of the Civil Service Commission.

   (D)   Collective Bargaining Agreement Appointments (Class 1CB). The Civil Service Commission will certify as appointment pursuant to a lawful provision of a collective bargaining agreement only when: (1) the Civil Service Commission has first approved the job description and a professional recommendation that the position can be lawfully filled pursuant to the terms or provisions of a provision in an effective collective bargaining agreement, and (2) the applicant has properly filed for such appointment and the Appointing Authority certifies the name of the appointee, the position filled, the date of appointment, and that all requirements of the terms or provisions of the applicable collective bargaining agreement have been satisfied.

3.3 APPOINTING AUTHORITY DUTIES IN CIVIL SERVICE PROCESS; UNSKILLED POSITIONS: CLASS 2 APPOINTMENTS. Unskilled position Class 2 appointments shall be made only to such position where the Civil Service Commission has approved a job description including a professional recommendation that the position is unskilled and that it is impractical to determine merit and fitness of applicants by competitive examination. In such cases, the appointment shall be certified by the Civil Service Commission when properly applied for and the Appointing Authority certifies the name of the appointee, the position filled in the classified service, the date of appointment, and that the applicant has been examined by the Appointing Authority and found to meet all of the qualifications included in the approved job description, and the Civil Service Commission enters the appointment in its minutes and records. Each appointment shall be probationary until the Commission enters the appointment in its minutes and records.

3.4 APPOINTING AUTHORITY DUTIES IN CIVIL SERVICE PROCESS; SPECIAL QUALIFICATION POSITIONS: CLASS 3 APPOINTMENTS. Special qualifications Class 3 appointments shall be made only to such positions where the Civil Service Commission has approved a job description including a professional recommendation that the position is a special qualifications position and that it is impractical to determine merit and fitness of applicants by competitive examination. In such cases, the appointment shall be certified by the Civil Service Commission when properly applied for and the Appointing Authority certifies the name of the appointee, the position filled in the classified services, the date of appointment and that the applicant has been examined by the Appointing Authority and found to meet all of the qualifications included in the approved job description, and the Civil Service Commission enters the appointment in its minutes and records. Each appointment shall be probationary until the Commission enters the appointment in its minutes and records.

3.5 APPOINTING AUTHORITY DUTIES IN CIVIL SERVICE PROCESS; QUALIFICATIONS BY SERVICE: CLASS S APPOINTMENTS. Appointments to positions in the classified service entitled to Civil Service status by reason of two years of continuous service and other circumstances pursuant to O.R.C. 124.271 shall be known as Class S appointments and the Civil Service will certify such an appointment when: (A) properly applied for and claiming all of the circumstances required by law; (B) the Appointing Authority also certifies or applies for approval of such appointment to the Civil Service Commission in writing naming the appointee, the position to be filled in the classified service and the date of appointment is to be effective and certifies the years of continuous service and other grounds required by O.R.C. 124.271; and (C) the Civil Service Commission finds from the applications and facts determined therefrom or by a hearing thereon that the provisions of O.R.C. 124.271 have been satisfied according to law and approves the appointment by written order or motion approved by a majority vote of the Civil Service Commission.

3.6   EXEMPTION FOR CIVIL SERVICE POSITIONS APPOINTED BY CITY OF EUCLID SCHOOL BOARD. The school district and its employees are hereby excluded from the jurisdiction of the City of Euclid Civil Service Commission. The City of Euclid Civil Service Commission shall not take any action related to examinations, applications, eligibility, appointment, transfer, layoff, reinstatement, discipline, removal or any other matter with respect to the Euclid School Board.

CHAPTER 4
EXAMINATIONS

4.1 APPLICATIONS FOR COMPETITIVE EXAMINATION.

   (A)   Residence. An applicant for admission to a competitive examination for any position in the classified service of the City of Euclid must be a citizen of the United States. With respect to entry level positions in the Safety Forces, an applicant is required to establish residence in the City of Euclid within six months after successful completion of probation.

   (B)   Filing Requirements. Every application for examination for a position in the classified service must be in writing and signed by the applicant upon a form provided by the Commission or the Appointing Authority, made under oath or affirmation before an officer authorized to administer oaths, and filed by the applicant in person at the office of the Commission.

   (C)   Age of Applicants. Applicants for a position in the classified civil service must have attained their twentieth birthday and must not be over the age of seventy as of the final date for filing their application for position in the classified civil service of the City in the Police and Fire Departments. Applicants shall not be eligible to receive an original appointment to the Police or Fire Department unless they have attained their twenty-first birthday and are not over the age of seventy years on or before the effective date of such appointment.

   (D)   Rejection of Applications. No applications will be accepted from any person habitually using intoxicating liquors or drugs to excess, nor from any person who has been convicted of any felony or who has been guilty of any act involving moral turpitude, nor from any person who has been dismissed from a branch of the civil service of the federal, state or municipal governments for delinquency or misconduct.

   (E)   Falsification. Nay false statement made by any applicant in the application for admission to any examination, or made with the applicant’s knowledge in any certificate which may accompany the application, or any other fraudulent conduct shall be regarded as sufficient cause for excluding the applicant from such examination or any future examination or from removing the applicant’s name from any register or eligible list or termination from employment.

   (F)   Certification/Licenses. Every person applying for examination for eligibility to any position, which position requires the earning of a certificate or license from any board of examiners authorized under the laws of Ohio shall file with the Commission, at the time that the applicant files the application for examination, his certificate from such board of examiners or a duly certified copy thereof.

   (G)   Experience. In the examination of applicants for positions in the classified service, this Commission may require such applicants to furnish a sworn, written statement of their experience qualifying them for the position they seek. In such event, experience shall be regarded as one of the subjects for examination. The Commission may take such steps as it deems best to verify the applicant’s statement of experience, and shall allow in each case such percentage therefore as in its judgment the applicant is entitled to receive.

4.2 COMPETITIVE EXAMINATIONS.

   Whenever the Commission of the Appointing Authority shall decide that the good of the Civil Service will be enhanced thereby, it may hold competitive examinations for any office or position in the classified service of the City of Euclid.

   (A)   Notice. Adequate public notice of the time and place of every examination shall be given, prior to the date thereof, on bulletin boards placed in a conspicuous place in the City Hall and in the offices of the Commission. Said notices shall also contain such other information relating to the scope and character of the examination and the qualifications of applicants, as the Commission shall deem proper. Whenever publicity shall seem necessary in order to secure the number of applicants desired, said examination may be advertised in any newspaper of general circulation in the community.

   (B)   Supervision of Examination. All examinations shall be conducted under the direction and supervision of the Commission which may from time to time designate special examiners as may be required.

   (C)   Schedule of Subjects. In the event a schedule of subjects and credits for the specifications and duties of the office or position has not been established by these rules, then the Commission may fix a schedule for examination thereto and the secretary shall preserve a record thereof. Such subjects and credits (i.e., experience, etc.) shall appear on the notice of the examination for the information of the applicants.

   (D)   Identification Requirements. The examination shall be commenced by requiring such competitor to fill out and sign an identification and declaration form, prescribed by the Commission, containing his examination number as shown on the official examination paper furnished him and also his address, age and such other information as the Commission may require.

   (E)   Custody Requirements. All identification forms shall be placed in a sealed container or package and deposited in a locked cabinet in the office of the Commission, and the sealed container shall be opened by the secretary of the Commission for the identification of papers only after grading has been completed on all examination papers.

   (F)   Disqualification of Applicant.

      (1)   All examination papers submitted by applicants being tested shall be identified by number only, and any test paper bearing the name of the applicant or any other identification marks shall be rejected and specific announcement of this fact shall be made at the commencement of the examination.

      (2)   When an applicant in any examination is found to be using, without permission, any extraneous means of information such as memoranda, pamphlet or book of any kind to assist him in answering the question the secretary is also authorized to take up the examination papers of the applicant when the circumstances justify such action. The Commission shall in all instances score zero on the examination paper of the applicant and make notation on the paper explaining such marking and the applicant shall be barred from taking any future examination.

   (G)   Subject Matter of Examination. The competitive examination paper shall consist of and be of such character and related to such matters as will fully test the relative capacity and fitness of the persons examined to discharge the duties of the position to which they seek to be appointed. As the final condition to actual employment and whenever it shall appear to the Commission to be for the best interests of the service, applicants may be required to undergo a physical and medical examination at such time and place as the Commission shall designate, in a manner allowed by law. The result of such physical examination shall be certified to the Commission on proper blank forms furnished by the Commission for that purpose to the medical examiners elected to make such examinations.

   (H)   Grading and Test Weight. Applicants shall be graded on a scale of 100% for each part of the examination and each part and subpart of the examination shall be weighted by the Civil Service Commission to comprise a total possible combined score of 100 points or 100%. Unless otherwise determined prior to testing by the Civil Service Commission, each part of an examination, for example a physical performance test battery or written test battery, shall be weighted equally and each subpart thereof shall within the grading of such test part shall also be weighted equally.

   No applicant shall be placed on an eligible list unless such applicant (a) meets all of the qualifications specified by Statute, Ordinance and the Rules of the Civil Service Commission, (b) completes and takes each and every part or portion of the examination, and (c) scores the minimum number of points on the examination or any part thereof to be considered qualified and fit for the applied for position, part or subpart thereof has been determined prior to testing by the Civil Service Commission.

   Unless the Commission orders otherwise and in advance of any competitive examination to be administered, the following will apply to the scoring of competitive examinations:

      (1)   Minimum Qualifying Score. No minimum qualifying score on any written exam shall be required of an applicant to participate in any other test part, or for addition of extra credit, efficiency, or seniority points, where applicable, to the final exam score unless the Commission otherwise establishes a minimum qualifying score.

      (2)   Veterans Preference. An applicant for an entrance examination who has had at least one year continuous active duty in the United States Military Forces, as defined in the Civil Service Laws of Ohio and evidenced by an honorable discharge or certificate of completion thereof, shall be credited with an additional twenty percent (20%) of his score on the written examination, provided he has first attained the minimum qualifying sore, if any, on said written examination.

      (3)   Seniority Preference. An applicant for a promotional examination who attains the minimum qualifying score, if any, on the written examination shall receive credit for seniority pursuant to the Civil Service Laws of Ohio.

      (4)   Education Preference – Fire Entrance Examination. An applicant for an entrance examination for the Fire Department who holds a current certification from the State of Ohio as an Emergency Medical Technician Paramedic or a Bachelor’s Degree in Fire Administration, Fire Science or other fire-related curriculum from an accredited college in the United States of America, will be credited with an additional five percent (5%) of the applicant’s combined basic score for all parts of the entrance examination, as weighted by the Civil Service Commission, provided the applicant has first completed all parts of said examination and has attained the minimum qualifying score, if any. In no case will this credit for education preference exceed five percent (5%).

      (5)   Education Preference – Police Entrance Examination. An applicant for competitive entrance examination for the Police Department who holds either a current certification from the State of Ohio showing satisfactory completion of a Basic Training Program under the auspices of the Ohio Peace Officer Training Council, or Bachelor’s Degree in Criminal Justice, Criminology, Law Enforcement or other police-related curriculum from an accredited college in the United States of America, will be credited with an additional five percent (5%) of the applicant’s combined basic score for all parts of the entrance examination, as weighted by the Civil Service Commission, provided the applicant has first completed all parts of said examination and has attained the minimum qualifying score, if any. In no case will this credit for education performance exceed five percent (5%).

4.3 NONCOMPETITIVE EXAMINATIONS.

   Non-competitive examinations shall be of such character as will determine whether or not the applicant possesses the requisite knowledge, ability and physical qualifications to enable the applicant to perform the duties of the position. The applicant shall be required to attain a qualifying rating to be filed by the Commission in order to become eligible for the position for which the applicant is subject to non-competitive examination.

   (A)   Examinations and Assessment. The Civil Service Commission may prescribe such examinations of a non-competitive nature for entry or placement in all positions within the classified service which are not subject to competitive testing by virtue of classification or waiver of competitive testing. Such examinations and assessment materials may be administered formally or informally by the Civil Service Commission, or by personnel or employment recruiters, directors, or mangers or department supervisors within each Appointing Authority, as are designated by the Commission to make such administrations. Such examinations and assessment materials include, but are not limited to written, non-written, achievement or performance examinations and assessment materials and such competitive or non-competitive examinations, assessment materials and certifications for trades, skills, or professions that are administered or issued by any appropriate board, agency or service that provides generally recognized and respected assessments or certifications for such trades, skills or professions. Any and all such non-competitive examinations and related examination materials and their administration, access and use shall be subject to approval by the Civil Service Commission.

   (B)   Probationary Period. Classified Civil Service status granted under the provision of Rule 4.3 will be subject to a probationary period of 120 days.

4.4 EXAMINATION ETHICS. Cheating in any manner before, during or after any competitive or non-competitive examination is prohibited. Cheating is defined as any act of dishonesty or breach of trust in preparing for or taking an examination or reviewing examination questions or answers, including but not limited to: (A) purloining examination questions or answers for reproduction or later use, (B) using any reference or answer materials during the test not authorized in advance by the examination administrator, (C) misrepresentation of the identity of the applicant actually taking the examination, or (D) intentional compromising of examination purpose or integrity. Penalties for cheating shall be imposed at the discretion of the Euclid Civil Service Commission based upon the degree of the act; and, in addition to any other penalties imposed or recommended by the Appointing Authority or Rule 4.1 (E), or Rule 4.2 (F) of these Rules may include discipline, denial of the right of the applicant to take any future examination of the Euclid Civil Service Commission or termination from Civil Service employment.

4.5 PROFESSIONAL EXAMINATIONS, ADMINISTRATION, RESULTS, REVIEW AND APPEAL.

   Unless otherwise determined by the Civil Service Commission in a specific testing situation, the following provisions shall apply to examinations by all professional examiners including physicians, psychologists and other professional examiners to determine fitness of applicants for the position applied for:

   (A)   All tests or test batteries administered by a professional examiner which include “pass and fail” standards shall be pre-approved by the Civil Service Commission. Tests or examinations which are medical or diagnostic to determine the medical status, diagnosis or prognosis of an applicant’s physical or mental health impairment shall be administered to the applicant only if and after the applicant is offered a job or employment by the appointing authority, which offer may be conditioned upon successfully passing such examination. Tests or examinations that measure an applicant’s performance or ability to perform a task shall be administered prior to certification of eligibility or an eligible list to the appointing authority.

   It shall be the responsibility of the Civil Service Commission to evaluate the results of all post-offer medical examinations to determine if the applicant has successfully passed the examination. The Commission shall issue its ruling on all post-offer medical examinations no later than the next regularly scheduled meeting following the Commission’s receipt of the examination results. If the Commission fails to act on or before its next regularly scheduled meeting, the examination results will be deemed as passed, however, the Commission may extend the time period for review of candidate results on a case-by-case basis and at the Commission’s discretion. (effective 2/3/1988)

   (B)   Professional examiners shall certify the results of each and every assigned applicant examination to the Civil Service Commission as a test score having “passed” or “failed” the relevant standard of fitness necessary to satisfactorily perform the duties specified in the job description for the position applied for. Applicants certified as “failed” shall thereupon be disqualified and their names shall be removed from the eligibility list. The Civil Service Commission shall so notify each affected applicant in writing and state such applicant’s right and opportunity to review the testing and results with the professional examiner resulting in the “failed” determination and the right to appeal the determination as provided by this rule.

   (C)   An applicant certified as having “failed” a relevant standard as specified in subparagraph (B) may submit a written request to the Civil Service Commission for a meeting with the professional examiner who certified such rating to discuss and review the testing, results, and rating(s) within ten (10) days of the date of receipt of the written notice informing such applicant of such rating. The Civil Service Commission shall arrange a meeting by the applicant with the professional examiner. After the meeting is conducted, the professional examiner shall notify the Civil Service Commission that the meeting was conducted and certify whether the “failed” rating(s) are confirmed or not confirmed. The Civil Service Commission shall so notify the applicant of the results and, in the case of an applicant whose “failed” rating(s) are confirmed, of the right to appeal the rating(s) to the Civil Service Commission as provided by this rule. If no request for such a meeting is filed within the time provided, the “failed” rating(s), disqualification and removal from the eligibility list shall become final.

   (D)   Any applicant who has reviewed the testing as provided by subparagraph (C) of this rule and remains in disagreement with the evaluation received after reviewing the testing and results with the examining professional may appeal the determination by a written notice of appeal to be filed with the Civil Service Commission within ten (10) days of the date of receipt of notice of results of the meeting with the professional examiner. If no appeal is filed within the time provided, the “failed” rating(s), disqualification and removal from the eligible list shall become final.

   (E)   When an appeal is filed pursuant to subparagraph (D), the professional examiner shall thereupon be requested to promptly submit to the Civil Service Commission a full report of the testing, results and professional opinion stating in detail why the applicant does not meet the standards for successful performance of duties specified for the job applied for and was given a “failed” rating. Upon receipt of the report, the Civil Service Commission shall set the matter for hearing and mail or serve the applicant with a written notice of the hearing together with a copy of the professional examiner’s report. The applicant may secure an examination from a second professional examiner and submit a report to the Civil Service Commission and the Appointing Authority at least seven (7) days before such hearing. At such hearing, the examining professional may be called to explain the professional’s report and answer questions of the Commission and the applicant regarding the evaluation, and the applicant and/or any reporting expert supplied by the applicant may be heard on the issue of the applicant’s fitness for the position applied for. The Commission may also hear and consider any background investigation and other evidence relevant to the issues raised by the evaluation of the professional examiner. The decision of the Civil Service Commission on the qualification or disqualification of the applicant shall be final.

(Effective 12/17/96)

CHAPTER 5
ELIGIBILITY LISTS

5.1 ELIGIBILITY LISTS. 

   The Commission may, at any time when in its judgment the interests of the public so require, hold a competitive examination to establish a list of eligible applicants for any position or office or grade of the classified service.

   (A)   Form of Eligibility Lists. The Commission shall, as soon as possible after every examination, prepare and keep open to the public inspection, the list of persons who have passed all parts and subparts of the examination and who are eligible for appointment to the position or class of positions for which the examination was held. The names of such persons shall be placed on the eligible list in the order of their final standings after scoring all parts and subparts of the examination, together with the data on which the names were entered on the list and the date of the examination.

   (B)   Identical Final Scores. Whenever two or more persons competing for the same position in an entrance examination have identical final scores, their names shall be arranged on the eligible list in the order in which their application was filed. With respect to a promotional examination, where two or more persons competing for the same position have identical final scores after adding credit for efficiency, seniority and/or any other credit factor duly established for the examination, the earliest starting date will determine the higher standing on the list. The term “starting date” shall mean the first day on the payroll or original payroll start date. In the event that two or more contestants having identical final scores also have identical starting dates, then the order in which applications were filed with the Civil Service Commission will establish the order of standing on the eligible list.

(Am. Eff. 5/5/98)

5.2 DURATION OF ELIGIBILITY LISTS.

   Eligible lists as established by the Commission shall remain in force for a period of one (1) year from the date of establishing the final results of the competitive examination for the position tested. The Commission may at its discretion extend the duration of that list for a period not to exceed one additional year.

   (A)   Abolishment of Eligibility Lists. The Commission may, at its discretion and at any time, abolish any existing eligible list or lists. The Commission may hold new competitive examinations whenever, in its judgment, the interest of the public service so requires.

   (B)   Duration of Examination Grades. The grades and standings, as ranked on the eligible list or lists from competitive examinations held by the Commission shall remain the grades and standings for the period said lists are in force pursuant to this rule.

5.3 TRANSFER OF ELIGIBLE APPLICANTS.

   (A)   Merger of Eligibility Lists. Two or more eligible lists of the same kind may be consolidated by restricting all the eligible applicants named therein according to their standings by the Commission. When, for any reason, the Commission holds a competitive examination to establish a list of eligible applicants for any particular grade or class and there is an existing list of eligible applicants for such grade or class, any person whose name appears on such existing list may take such new examination. Such person shall thereby be removed from such existing list and shall be bound by the results appearing on such new list of eligible applicants.

   (B)   Multiple Applicant Listing. The name of any person taking more than one examination for positions in the classified service may stand upon as many eligible lists as such person shall qualify for under the rules of the Commission. On the appointment of such person to any position in the classified services and acceptance of appointment thereof, the name of such shall be removed from eligible lists except where such person’s name appears on an eligibility list for a superior grade or class.

5.4 REMOVAL FROM LIST. If, at any time, the Commission has reason to believe that any person whose name appears upon any eligibility list has in any manner, including but not limited to physical and mental disability which will significantly interfere with the performance of job requirements in accordance with standards established by law, or criminal conviction, excluding traffic violations, become disqualified for the position for which such person is listed as eligible, it shall give such person notice and an opportunity to be heard in the Applicant’s own behalf. If such person fails to make arrangements for a hearing within a reasonable time, that person shall be removed from the eligible list. To make arrangements for a hearing within a reasonable time, the person shall file a written request for a hearing with the Civil Service Commission within ten (10) days from the date of receipt of such notice.

5.5 CHANGE OF ADDRESS. It shall be the duty of each person who is placed upon the eligible list to file with the Commission written notice of any change of address. Such notice shall state the name of the applicant, the eligible list on which the applicant’s name appears, the applicant’s new address and last address registered with the Commission and the applicant’s new telephone number.

CHAPTER 6
CERTIFICATIONS AND APPOINTMENTS

6.1 NOTICE OF VACANCY. 

   When any position in the classified service is to be filled, the Appointing Authority shall notify the Commission of the position to be filled and whether the employment is to be permanent or temporary.

   (A)   Notice of Appointing Authority. The Commission shall, after notification of the position to be filled, certify to such Appointing Authority the names and addresses of eligible candidates as follows: (1) each time a selection is made, it shall be from one of the names that ranks in the top ten names on the eligible list or the top twenty-five per cent of the eligible list, whichever is greater. In the event that ten or fewer names are on the eligible list, the appointing authority may select any of the listed candidates; and (2) for Promotional Appointments, the person standing highest on the list. (Amended effective 5/16/2017)

   (B)   Time Requirements. Within forty-five (45) days of the date the Commission approves a list of certified names or approves a single certified name, or within such other period expressly allowed by the Commission, the Appointing Authority shall appoint to such position a name from the list of names so certified, or the name singly certified. (Amended effective 12/16/97)

   (C)   Supplemental Notice. Failure of the Appointing Authority to fill the vacant position within forty-five (45) days of the date of approval of a certification list or certification of name, or other period as the Commission may require, pursuant to Rule 6.1 (B), shall necessitate to Appointing Authority to issue a supplemental notice to the Commission to certify persons or a person to fill the vacancy in that position. (Amended effective 12/16/97)

   (D)   Optional Certification. In the event an eligibility list for original appointment has less than three (3) names to be considered for certification, the Commission shall certify same and the Appointing Authority may appoint from the eligibility list an individual to fill the office or position.

   (E)   Notification of Vacancies. Notice of all vacancies are to be made upon forms or requisitions as prescribed by the Commission and shall state the title, character and duties of the position to be filled and whether it is permanent or temporary.

6.2 CERTIFICATION OF ELIGIBLE CANDIDATES. 

   A person certified from the eligibility list more than three (3) times to the same or similar position may be omitted from future certification, but certification for temporary appointment shall not be counted as one of such certifications. The Commission reserves the right to certify a name more than three (3) times in an exceptional circumstance.

   (A)   Waiver of Certification. Failure on the part of any eligible candidate to communicate wit the Appointing Authority and the Commission within four (4) days after being certified will be considered a waiver of certification, and the Commission, upon request of the Appointing Officer, will certify an additional name for each eligible candidate failing to so communicate.

   (B)   Notice of Decertification. The Commission shall send notice of decertification by certified mail to any eligible candidate who fails to respond to notice of certification as provided in Rule 6.2 (A).

   (C)   Reinstatement of Certification. No person whose name has been stricken from the list shall be restored except upon the person’s written request submitted within ten (10) days, giving satisfactory reason for the person’s failure to respond to the notice of certification. At its sole discretion, the Commission may accept or reject said reasons and may reinstate or strike permanently the person’s name from the eligibility list for which the person was certified.

6.3 FAILURE TO APPEAR.

   In the event that an eligible person who has been certified for appointment and notified by the Appointing Authority to report at the place designated by the Appointing Authority within the time period indicated fails to appear at such place within the time period indicated, the name of such person shall be removed from the eligibility list.

   (A)   Removal from List. Notice of removal from the eligibility list must be forwarded by the Commission by certified mail to the latest known address of such eligible person as shown on the records of the Commission.

   (B)   Right of Review. Upon written request of the eligible person within ten (10) days of said removal, the Commission may reconsider and review removal of the person’s name from the eligibility list. Upon such reconsideration and review, the Commission may reinstate the person to the original or proper position on the eligibility list and certification list or remove the name from either or both lists permanently.

   (C)   Candidate Rejection of Appointment. In the event a person appointed shall decline the appointment or shall fail to respond to the notice of appointment provided for in Rule 6.3 hereof, the Appointing Authority shall make a new requisition upon the Commission certifying thereon such fact. The Commission shall thereupon remove such name from the list and certify to such Appointing Authority the name of the highest candidate or candidates remaining on the proper eligibility list in conformance with Rule 6.1 (A).

6.4 REGULAR APPOINTMENTS. The Appointing Authority shall immediately make a written report to the Commission of all appointments. The names of those certified and not appointed shall thereupon be restored to their original or proper position upon the eligibility list except as provided in Rule 6.2 (C) and 6.3 (B) hereof.

6.5 PROVISIONAL/TEMPORARY APPOINTMENTS. 

   When an eligibility list is established for a position filled by provisional or temporary appointments, the Commission shall certify to the Appointing Authority in the usual manner the names or name of the persons standing highest on the eligibility list pursuant to Rule 6.1 (A).

   (A)   Appointment Requirement. The Appointing Authority shall then make the appointment in the manner provided pursuant to Section 6.4 hereof, within twenty-eight (28) days of the date of approval of a certification list or certification of name, or other period as the Commission may require.

   (B)   Termination of Provisional/Temporary Appointment. As soon as a permanent appointment has been made, the provisional appointment shall terminate. In the event no appointment has been made, the provisional appointment shall terminate at the expiration of twenty-eight (28) days of the date of approval of a certification list or certification of name, or other period as the Commission may require, except as provided in Rule 6.5 (C) herein.

   (C)   Non-Certification of Eligibles. A provisional or temporary appointee who continues to perform all the duties of the position to which said appointee was so appointed because of non-certification of eligible applicants shall obtain the status of permanent appointment to said position after two years from the date of the appointee’s provisional or temporary appointment, pursuant to Ohio Revised Code.

6.6 DEFINITIONS.

   (A)   “Permanent Appointment” means an appointment made from names of candidates certified to the Appointing Authority from an eligibility list for a position in the classified service duly authorized to be filled for a period of time not specifically restricted.

   (B)   “Provisional Appointment” means an appointment made upon certification of fitness by the Civil Service Commission based upon testing without competition, in the classified service, in the absence of an appropriate eligibility list, and continuing only until an eligibility list based upon competition can be made and name(s) certified therefrom to the Appointing Authority.

   (C)   “Temporary Appointment” means an appointment in the absence of an eligibility list without any testing for a limited period of time, fixed by the Appointing Authority either from an eligibility list or by the provisional process for a period not to exceed ninety (90) days.

6.7 REMOVAL FROM ELIGIBILITY LIST. 

   Candidates certified by the Commission in accordance with these rules, and not appointed after having been certified more than three (3) times may, in the discretion of the Commission, be removed from the eligibility list, pursuant to Rule 6.2.

   (A)   Declination of Appointment. A person duly certified who shall decline the appointment may be removed from the eligibility list, pursuant to Rule 6.3 (A).

   (B)   Refusal of Temporary Appointment. The refusal by an appointee to accept appointment to a position of a temporary nature shall not operate to remove such person from the eligible list.

6.8 PROMOTION/PROBATIONARY PERIOD.

   (A)   Except as otherwise provided by these rules, by Charter of the Appointing Authority, or by statute, all entry level and promotional appointments to any position shall be a probationary period of one year subject to a probationary period defined as follows:

      (1)   For entry level Police Officers, the probationary period shall be twenty-one (21) months from the date of the original appointment.

      (2)   For entry level Firefighters, the probationary period shall be twenty- four (24) months from the date of original appointment.

      (3)   For police and fire promotions to any rank, the probationary period shall be one year from the date of promotion.

      (4)   For all other original or entry level or promotional appointments to positions other than those held by Police Officers or Firefighters, the probationary period shall be ninety (90) days from the date of appointment or promotion. Department Directors may, at their discretion, extend the probationary period an additional ninety (90) days.

   (B)   No appointment or promotion shall be considered final until the employee has satisfactorily completed the probationary period. At the end of the probationary period, the appropriate head of the department will inform the Civil Service Commission whether or not such service is satisfactory. The purpose of the probationary period is to evaluate the suitability, performance and qualifications of the employee for permanent appointment to that position.

   (C)   If the service of the probationary employee is unsatisfactory, the employee may be terminated or, in the case of promotion or transfer, demoted or returned to the position previously held.

   (D)   The probationary period of any employee may be extended by the Commission for good cause shown upon written request of the Appointing Authority to and approval by the Commission. Any failure to complete mandatory courses of instruction and/or to secure and maintain certifications or licenses as required for the position by the applicable departmental rules, orders or directives, shall be ground for termination or, in the case of promotion or transfer, demotion or return to prior position at any time.

CHAPTER 7
APPOINTMENTS, TRANSFERS AND PROMOTIONS TO VACANCIES IN THE CLASSIFIED SERVICE

7.1 APPOINTMENT TO VACANCIES IN CLASSIFIED SERVICE. No person shall be appointed in the classified service of the City of Euclid under any title not appropriate to the duties to be performed.

7.2 TRANSFER WITHIN CLASSIFIED SERVICE. No person shall be transferred to or be assigned to any duties of a position subject to competitive tests unless said person shall have been appointed to the position from which the transfer is made as a result of an open competitive test equivalent to that required for the position to be filled except (a) where the Civil Service Commission has expressly waived competitive testing to fill a vacancy or (b) where Commission rules otherwise allow transfer.

7.3 PROMOTIONS IN POLICE AND FIRE DEPARTMENTS. Vacancies in positions in the Police and Fire Departments shall be filled, so far as practical, by promotions and shall be governed by rules adopted by the Civil Service Commission respecting said departments, which shall conform to the Ohio Revised Code and the Charter of the City of Euclid. The Commission shall provide that vacancies shall be filled by promotion in all cases where it is the judgment of the Appointing Officer and the Commission as in the best interest of the department. The Commission reserves the right to provide for evaluation of efficiency based on merit to be ascertained as far as practical by any or all of the following methods: (a) promotion examinations; (b) conduct and capacity in office, including but not limited to use of advanced evaluation techniques such as assessment centers, oral examinations, and video-based examinations of behavior and roles; and (c) seniority in service in the respective City of Euclid department.

   Adapted from the Ohio Revised Code Section 124.45:

   Credit for seniority shall be given as follows: one point shall be added for each of the first four years of service, and six-tenths of a point shall be added for each year for the next ten years of service. In computing the credit for seniority, half of the credit specified in this paragraph shall be given for a half year service. Credit for seniority shall be based only on service in the City of Euclid Police or Fire department.

   When service in the City of Euclid Police or Fire department is interrupted by service in the armed forces of the United States, seniority credit shall be granted in promotional examinations for the time so served. No additional credit for military service shall be allowed in promotional examinations.

7.4 PROMOTION LIST. Eligible lists for promotion shall be created and promotions made therefrom in accordance with rules set forth by the Commission.

7.5 PROMOTION STANDARDS. The Commission may establish the period of service in the next lower grade and other reasonable requirements of competitors in any promotion examination and shall announce all such requirements at the time of scheduling examinations.

CHAPTER 8
SUSPENSION, DISCHARGE AND REDUCTION

8.1 SUSPENSION. 

   The Appointing Authority, for the purpose of discipline, shall have the right to suspend an employee of any office or position in the classified service, for a period not to exceed thirty (30) days.

   (A)   Written Notice of Suspension. The Appointing Officer shall make a written report setting forth the reasons for the suspension and the duration thereof.

   (B)   Notice of Suspension. The Appointing Officer shall forthwith file this notice of suspension with the Commission and a copy of such notice shall be furnished to the employee by certified mail or personal service by the Appointing Authority or Officer.

8.2 DISCHARGE OR REDUCTION IN RANK OR COMPENSATION. No person in the classified service shall be discharged or reduced in rank or compensation without being notified, in writing, by the Appointing Authority or Officer of the reasons of such discharge or reduction.

8.3 REQUEST FOR HEARING UPON SUSPENSION, DISCHARGE OR REDUCTION. 

   Any employee or officer or holder of a position in the classified service may request a hearing before the Appointing Authority to appeal the notice of suspension, discharge or reduction in rank or compensation.

   (A)   Time Requirement for Defense of Charge. Any employee, or officer, or holder of a position in the classified service requesting a hearing before the Appointing Authority on discharge or reduction in rank or compensation of such employee, officer, or holder must make such request within ten (10) days of receiving notice from Appointing Office of discharge or reduction.

   (B)   Time Schedule for Hearing before Appointing Authority. The Appointing Officer shall, within ten (10) days of receiving a request by an employee for a hearing on the discharge or reduction, set the date for such hearing.

8.4 APPEAL TO COMMISSION. 

   In the event of an adverse decision made or affirmed against the employee in the appeal to the Appointing Authority or Officer, said employee may file an appeal with the Commission. Such appeal for the Commission must be filed in writing within ten (10) days after the date of the adverse decision.

   (A)   Time Schedule for Hearing before the Commission. Upon receipt of notice of appeal, the Commission shall forthwith notify the Appointing Authority or Officer and shall have a hearing on the issue no later than thirty (30) days from the filing of the appeal with the Commission.

   (B)   Decision of Commission. The Commission, upon hearing testimony may affirm or disaffirm or modify the decision or judgment of the Appointing Authority.

   (C)   Appeal of Commission Decision. The employee, upon receiving an adverse decision from the Commission may appeal such decision to the Court of Common Pleas of Cuyahoga County, pursuant to the Ohio Revised Code.

8.5 INVESTIGATION POWERS OF COMMISSION. 

   This Commission shall have the power to investigate matters relating to all employees in the classified and unclassified service in the City of Euclid as provided by the laws of the State of Ohio.

   (A)   Subpoena Powers of Commission. In any investigation it is conducting, the Commission shall have the power to subpoena and require the attendance of witnesses and the production of books, papers and records pertinent to the investigation and to administer oaths to said witnesses.

   (B)   Right to Counsel. Any person in the classified or unclassified service being heard in his own defense, or on appeal to the Commission, may appear in his own defense or be represented by counsel.

8.6 POLICE AND FIRE PERSONNEL APPEAL RIGHTS. 

   Provisions for appeal from an order of dismissal, suspension or reduction in rank or compensation by Police and Fire personnel shall be exclusively in accordance with the provisions of Section 8.6(A) through 8.6(B) of these rules and regulations. Pursuant to Article V, Section 12, of the Charter of the City of Euclid, the Chief of Police and the Chief of the Fire Department shall have exclusive rights to suspend without pay any of the deputies, officers or employees in their respective departments and under their management and control for a period not to exceed fifteen (15) days, and only such employees who are suspended for periods in excess of five (5) days shall have the right to institute an appeal of such action by either Chief.

   (A)   Appeal Procedure. Any employee in the competitive classified service of the Police and Fire Department, being under the exclusive control to the respective chiefs of said departments, who is suspended for more than five (5) days by the Chief of the department may appeal from such decision to the Director of Public Safety or, if no Safety Director, to the Mayor of the City of Euclid.

      (1)   Initial Appeal Time Requirements. Any employee suspended pursuant to Rule 8.6 must file a written appeal within five (5) days from the date of suspension, reduction or removal with the Safety Director or Mayor.

      (2)   Hearing of Initial Appeal. The Safety Director or the Mayor will thereupon, within ten (10) days of receipt of request of appeal, conduct a hearing into the cause or causes and affirm or overrule the decision of the Chief.

      (3)   Right to Appeal to Commission. In the event an order of suspension, reduction or removal is sustained by the Safety Director or Mayor, the employee so aggrieved may appeal the decision in writing within ten (10) days from the date of such affirmation of the suspension, reduction or removal to the Euclid Civil Service Commission.

      (4)   Time Requirement for Appeal to Commission. The Safety Director or Mayor shall, upon receiving the notice of appeal from the Commission shall forthwith transmit to the Commission a copy of the charges and proceedings thereunder and the Commission shall hear such appeal within thirty (30) days from and after the filing of the appeal by the employee.

      (5)   Notice of Hearing before Commission. The Commission shall give the employee-appellant not less than five (5) days notice of the time and hearing date.

      (6)   Commission Final Decision. The Commission may affirm, modify or overrule the ruling and judgment of the Safety Director or the Mayor. The ruling of the Commission affirming, modifying or overruling the Director or Mayor shall thereupon be final, subject only to the right of appeal to the Court of Common Pleas, pursuant to Ohio Revised Code.

   (B)   Conflict with State Statutes. In the event of conflict between the provisions of the rules and regulations promulgated herein and the statutes of the State of Ohio relating to suspension, dismissal, and reduction in rank or removal of employee in the classified service (i.e. Police and Fire Departments), then the Commission shall, enforce the provisions of Section 8.6, pursuant to the doctrine of Home Rule in Ohio Law.

CHAPTER 9
TRANSFERS, LAYOFFS, REINSTATEMENTS AND LEAVES OF ABSENCE

9.1 PERMANENT EMPLOYEES. Any employee who has been permanently appointed to a position in the classified service may, upon written authority of the Appointing Authority, or Officer, be transferred from the position the employee holds to a like position in the same class, in the same or another department, upon such request being confirmed by the Commission. A temporary assignment or temporary detail for a reasonable period of an employee for duties other than those for which the employee was appointed shall not be construed as a transfer within the meaning of these rules.

9.2 CONSENT OF DEPARTMENT HEADS. No transfer shall be made from one department to another unless the written consent of the Appointing Authority, or Officers of both departments, be first given and filed within the Commission.

9.3 LAYOFFS. Layoffs from the classified service shall be in accordance with the rules of the Civil Service Commission and applicable provisions of the Ohio Revised Code. The Appointing Authority, Officer, or Department Head shall have the authority to reduce the working force in any department of the classified or unclassified service. Based upon a standard of layoff including, but not limited to, lack of operating funds, increased efficiency of the department, or when the best interest of the City of Euclid will be served, the Appointing Authority, Officer or Department head may layoff any employee to reduce the work force.

9.4 NOTICE OF LAYOFF. The Appointing Authority, Officer or Department Head shall forthwith give written notice of the layoff list to the Commission, and separate individual notice to each employee being laid off. The Appointing Authority, Officer or Department Head shall include on the layoff list the name of the employee laid off, the position of the person, the amount of salary or hourly rate, brief reason for the layoff and the chronological order each person was laid off.

9.5 LAYOFF LIST. A layoff list shall be established for all positions in the classified and unclassified service of the City of Euclid and same shall take precedence over any eligible list existing at the time of layoff.

9.6 RECALL; RE-EMPLOYMENT. When a recall or re-employment of persons in the classified or unclassified service is to be instituted, the Appointing Authority, Officer, or Department Head shall fill such position with the name of the person from the recall list that is certified by the Commission, and in accordance with the following procedure: When a person, or number of persons in a department who were hired for like positions, drawing like salaries or hourly rates, is or are temporarily laid off, any and all of such persons shall be placed on the departmental layoff list in the chronological order in which they were laid off. The Appointing Officer shall then determine to refill such position and apply to the Commission for certification of the appropriate name from the list. Upon certification, the Appointing Authority shall recall the person or persons in the inverse order of layoff until such list shall be exhausted by the recall. Upon requisition from such Appointing Authority, Officer or Department Head, the Commission shall duly certify the name of such person appointed.

9.7 LEAVE OF ABSENCE. 

   Leave of absence, without pay, may be granted by the Appointing Authority, Officer or Department Head for a period not to exceed thirty (30) working days.

   (A)   Extended Leave of Absence. A leave of absence for any employee in the classified or unclassified service in the excess of thirty (30) days shall be granted only upon the recommendation, in writing, of the Appointing Authority, and upon approval of the Commission, but in no event shall a leave of absence be granted to any employee for a period to exceed one year.

   (B)   Notice of Leave of Absence. All requests for leaves of absence be in writing and state (1) the reason or reasons for the request, (2) the commencement date, and (3) period of the requested leave for approval.

9.8 MEDICAL LEAVE OF ABSENCE. Medical leaves of absence, without pay, shall be granted only after submission of an Affidavit of a registered physician or physicians, stating that the leave is necessary due to illness, physical disability, or mental disability of the employee or a member of his immediate family, or any physical condition, which might necessitate a medical leave. In no case shall a medical leave of absence be granted for a period to exceed one (1) year.

CHAPTER 10
TEMPORARY AND EMERGENCY APPOINTMENT

10.1 TEMPORARY APPOINTMENTS IN CLASSIFIED SERVICE. Upon receipt of a requisition for certification to a position for which there is no eligible list, the Commission may grant authority to the Appointing Authority, Officer or Department Head to make a temporary appointment to fill said position. Such appointment shall remain in force only until a regular appointment can be made after the establishment of a suitable, eligible list for the defined position.

10.2 TEMPORARY POSITIONS IN CLASSIFIED SERVICE. Upon receipt of a requisition in writing from the Appointing Authority, Officer or Department Head, the Commission may grant authority to make a temporary appointment to fill a vacancy in employment of an essentially temporary and transitory nature for a period not to exceed ninety (90) days. The Appointing Authority, Officer or Department head must set forth a written request and present facts which in the judgment of the Commission show that said employment is in fact temporary.

CHAPTER 11
RESIGNATIONS

11.1 RESIGNATION REQUIREMENTS. 

   An employee in the classified service may submit a written resignation to the Appointing Authority, Officer or Department Head, with a copy to the Commission, setting forth the employee’s reasons and the effective date of said resignation.

   (A)   Restoration to Employment. Subject to such medical, mental and physical examinations deemed appropriate by the Civil Service Commission, or as required by law, any employee in the classified service who has resigned from an office or position may be considered for re-employment at the sole discretion of the Commission and upon the employee’s written request, provided (i) that at the time of submitting the employee’s resignation, no charges were pending against said employee for misconduct or incompetency, (ii) that the letter of resignation set forth the reasons therefore, and (iii) that a vacancy in an entry level position in the department from which said employee resigned that, said employee is fully qualified to fill, exists on the date of said request for restoration to employment and within one (1) year from the effective date of resignation. Although, such a request shall be subject to pertinent provisions of the Ohio Revised Code, this paragraph shall not apply to a request for restoration to employment after a separation of employment due to injury or physical disability incurred in the performance of duty.

(Revised 05/04/99)

   (B)   Time Requirement for Restoration. Any request for restoration to employment must be made within one (1) year from the effective date of resignation.

CHAPTER 12
ORIGINAL APPOINTMENT - POLICE AND FIRE

12.1 REQUIREMENTS. No person shall be eligible as an applicant in an entrance examination for the position of Police Officers or Firefighters who has been discharged or resigned under charges from either position with a public employer, without previously making written request and bearing the approval of the Appointing Authority, Officer, or Department Head and the Commission.

12.2 REGULATIONS FOR EXAMINATIONS. Examination for eligibility to such appointments shall be held in conformity with (a) these rules and (b) the rules and regulations of the Euclid Police and Fire Departments.

12.3 REGULATIONS FOR ELIGIBILITY. 

   The eligibility of an applicant to participate in an entrance examination for the Police or Fire Department shall be governed by the rules and regulations existing in such departments on the date fixed for the written examination. No person shall be permitted to take such examination who cannot qualify in accordance with such rules and regulations.

   (A)   Age Requirements. Pursuant to the Codified Ordinances of the City of Euclid, no person shall be eligible to receive an appointment to the Euclid Police or Fire Department unless the candidate has reached the age of twenty-one (21) years on or before the effective date of such appointment, nor shall an individual be eligible for appointment to said departments after the candidate’s seventieth (70th) birthday.

   (B)   Cadet Programs. Nothing in this section shall prevent the City of Euclid from establishing a police cadet program or fire cadet program and employing persons as police or fire cadets at age eighteen (18) for the purpose of training persons to become Police Officers or Firefighters. A person participating in a City of Euclid police cadet or fire cadet programs shall not be permitted to carry or use any firearm in the performance of the cadet’s duties, except that the cadet may be taught the proper use of firearms as part of the cadet’s training.

12.4 EDUCATIONAL EXAMINATION. All applicants for appointment to the positions of Police Officer and Firefighter in the City of Euclid shall be examined, in writing, under the direction of the Commission upon subjects as shall be deemed appropriate by the Commission and indicated by it in the published notice of examination.

12.5 MEDICAL EXAMINATION. 

   No person shall be eligible to receive an original appointment to the Euclid Police Department as a Police Officer or to the Euclid Fire Department as a Firefighter unless the candidate has, not more than one hundred twenty (120) days prior to the date of such appointment, passed a medical examination given by a licensed physician, showing that the candidate meets the physical requirements necessary to perform the duties of a Police Officer or Firefighter as established by the Euclid Civil Service Commission. The Appointing Authority shall, prior to making such appointment, file with the Police and Firefighter’s Disability Pension Fund a copy of the report or findings of said licensed physician. The professional fee for such medical examination shall be paid by the City of Euclid.

   (A)   Physical Capacity. Except where otherwise governed by applicable state and federal law, to be eligible for appointment as a Police Officer or Firefighter in the classified service, the applicant must possess adequate physical capacity and size to perform all duties, utilize all issued equipment and permit co-workers rescue under severe and hazardous environmental conditions. To warrant a presumption of adequate physical capacity and size, applicant must be at least five feet, eight inches (5’8”) but not over six feet, six inches (6’6”) in height, and shall be in good health and physically fit as determined by the physician appointed by the Commission. The Civil Service Commission may, however, waive the aforesaid height requirement for the good of the public service in individual cases by duly adopted motion, upon the examination, recommendation and opinion of a physician skilled in occupational medicine selected by the Civil Service Commission concluding that the applicant has sufficient physical anatomy, body dimensions and capacity and could otherwise discharge the duties in the department assigned without creating undue risk of injury or damage to the applicant, co-workers and the persons to be served respecting any who: (1) has passed all initial entry level tests and meets all qualifications other than a height requirement; (2) has scored sufficiently high on the initial written and physical performance examinations to be considered for final examination and placement on an eligibility list; and (3) requests waiver of the height requirement and a medical examination by a physician skilled in occupational medicine selected by the Civil Service Commission for the aforesaid purpose and submits to such examination.

   (B)   Recording of Medical Examination. The results of the medical examination shall be recorded upon blanks approved by the Commission and thereafter filed in the Commission office.

12.6 PHYSICAL PERFORMANCE EXAMINATION. All applicants for appointment to the position of Firefighter or Police Officer shall be tested in the performance of certain professionally recommended physical tasks.

12.7 NOTICE OF EXAMINATION. Notice of written educational examinations for appointment to the Police and Fire Departments shall be published by the Commission in a newspaper of general circulation and posted in public places within the City and shall state the time and place of such examination, which shall not be less than two weeks after the date of the first publication. The notice of examination shall state the period of dates and times within which a person may obtain and return an application to take the written examination. The notice of examination shall also state that those who have successfully passed the written educational examination shall appear for physical agility examinations at the time and place made known to them by the Commission

12.8 APPLICATIONS FOR EDUCATIONAL EXAMINATION. 

   Applications for admission to educational examinations for Euclid Police and Fire Departments may be filed after the notice of examination is posted, during office hours, with the secretary of the Commission.

   (A)   Admission to Examination Room. No applicant will be admitted to such examination room whose application is not on file as of the last day fixed for the acceptance of such applications as specified in the notice of examination.

   (B)   Number of Applicants Accepted. The number of applications to be accepted for any one written educational examination may be limited at the discretion of the Commission. Such specified maximum number of applications will be stated in the Notice of Examination and will be filled in the chronological order that completed applications are accepted.

12.9 LATERAL ENTRY-POLICE.  

   The process of Lateral Entry is established as a method for hiring experienced Police Officers from other jurisdictions who have obtained and maintained Basic Ohio Peace Officer Certification or equivalent training as verified by the Ohio Peace Officers Training with a minimum of two (2) consecutive years of full-time active service or three (3) years part time, 1,040 hours per year, to be a candidate for such position in the City of Euclid without first administering a written competitive exam.

   (A)   Selection Procedure and Criteria. The Police Chief will review resumes and applications to determine which applicants meet the lateral entry criteria hereinafter described. Candidates must be currently employed as a Police Officer or on layoff from their prior police employer, such layoff having commenced no more than twelve (12) months prior to candidates’ application to the City of Euclid. As with candidates for appointment who participate in competitive Civil Service examination process, lateral entry candidates may be required to submit to the following, including but not limited to, a thorough background investigation, polygraph examination, psychological evaluation, oral interview and physical agility test. In addition to any criteria set forth in this Section, lateral entry candidates must meet the minimum qualifications for appointment to the position of police officer as may, from time to time, be enforced for candidates who participate in the competitive Civil Service examination process.

   (B)   Seniority. Seniority in the Police Department for lateral entry candidates who are appointed to the position of police officer shall be determined based upon the date of hire with the City of Euclid. Seniority for promotion or lay-off purposes for such officers shall also begin with the date of appointment as a Police Officer in the Euclid Police Department.

   (C)   Rate of Compensation. Successful lateral entry candidates for appointment to the position of Police Officer shall receive compensation at a rate of 3rd Class Police Officer as it appears in the Collective Bargaining Agreement between the City of Euclid and Fraternal Order of Police Lodge 18.

   (D)   Probationary Period. Persons appointed through the lateral entry process to the position of Police Officer shall serve a probationary period of twenty-one (21) months.

(Ord. 191-2007. Passed 9-17-07.)

12.10 LATERAL ENTRY-FIRE. The process of Lateral Entry is established as a method for hiring experienced Firefighter/Paramedics from other jurisdictions who have obtained and maintained State of Ohio Firefighter II and Paramedic certifications. Applicants who have a minimum of one (1) year of full-time/career active service with one agency or two (2) years part-time service with 1,040 hours per year, at the time of application, may apply to such position in the City of Euclid without sitting for a competitive written exam.

   (A)   Selection Procedure and Criteria. The Fire Chief will review resumes and applications to determine which applicants meet the lateral entry criteria hereinafter described:

      (1)   An applicant must currently or have previously been employed as a full-time/career Firefighter/Paramedic for one (1) year with one agency; or

      (2)   An applicant must currently or have previously been employed as a part-time Firefighter/Paramedic for two (2) years with 1,040 hours per year;

      (3)   An applicant must possess a valid State of Ohio Firefighter II Certification and State of Ohio EMT-Paramedic Certification and be current with all applicable continuing education requirements.

      (4)   For applicants not currently employed as Firefighter/Paramedic, there shall be no more than a one year break in service from previous employment as a full-time career Fire fighter/Paramedic;

   As with candidates for appointment who participate in competitive Civil Service examination process, lateral entry candidates may be required to submit to the following, including but not limited to, a thorough background investigation, polygraph examination, psychological evaluation, oral interview and physical agility test, and drug screening. In addition to any criteria set forth in this Section, lateral entry candidates must meet the minimum qualifications for appointment to the position of Firefighter/Paramedic as may, from time to time, be enforced for candidates who participate in the competitive Civil Service examination process.

   Positions filled through these procedures are therefore exempt from competitive written examination.

   (B)   Seniority. Seniority in the Fire Department for lateral entry candidates who are appointed to the position of Firefighter/Paramedic shall be determined based upon the date of hire with the City of Euclid. Seniority for promotion or lay-off purposes for such officers shall also begin with the date of appointment as a Firefighter/Paramedic in the Euclid Fire Department.

   (C)   Rate of Compensation. Successful applicants with previous full-time/career experience will join the EFD as a Firefighter 3rd Class as it appears in the Collective Bargaining Agreement between the City of Euclid and International Association of Firefighters Local 337 for a period of a minimum twelve (12) months; followed by a minimum twelve (12) months at a rate of Firefighter 2nd Class as it appears in the Collective Bargaining Agreement between the City of Euclid and International Association of Fire Fighters Local 337.

   Successful applicants with previous part-time service will join the EFD as a Cadet Firefighter. Pending performance, Cadets hired laterally will promote to Probationary Firefighter after six (6) months, Firefighter 3rd Class after twelve (12) months, Firefighter 2nd Class after eighteen (18) months, and achieve status as a Firefighter 1st Class after twenty-four (24) months of continuous employment with the City of Euclid.

   (D)   Probationary Period. Persons appointed through the lateral entry process to the position of Firefighter/Paramedic shall serve a probationary period of twenty-four (24) months.

CHAPTER 13
PROMOTION - POLICE AND FIRE

13.1 PROMOTION EXAMINATION. The Commission shall conduct examinations of applicants for promotion in the Euclid Police and Fire Departments when necessary to fill said vacancies for the general safety and welfare of the citizens of the City of Euclid.

13.2 PROMOTION FROM CLASS TO CLASS. Promotions in the competitive classified service of the Euclid Police and Fire Departments shall be made from class to class, from the lowest class within said force, as duly set forth to the position description for each department.

13.3 COMPLETION OF APPLICATION. Each candidate for promotion to the vacant rank or ranks shall file an application with the Commission upon a form furnished by the Commission. All questions in such applications must be fully answered by the candidate. If the application form requires the certificate of any officer or other person as to any facts concerning the candidate, it shall be the duty of each applicant to procure such certificate and until such certificate shall be filed with the Commission, no application shall be deemed complete. Applications shall be accepted for a promotional examination subject to removal of any charges pending against the candidate.

13.4 ELIGIBILITY OF APPLICANT FOR PROMOTION. No applicant shall be entitled to take such promotional examination unless at the date fixed by the Commission for holding said examination the applicant shall be eligible under the rules and regulations of the applicant’s department in force on that date.

13.5 MEDICAL EXAMINATION. Each candidate for promotion in the Euclid Fire and Police Departments may be required to furnish prior to promotional appointment a certificate signed by a medical examiner designated by the Commission, certifying that such candidate is not suffering from any disability which would interfere with the candidate’s proper performance of the duties of the position sought. Minimum medical standards shall be set by the Appointing Authority and the Commission and shall comply with existing state and federal law.

13.6 TIME REQUIREMENT FOR PROMOTION. Any candidate for promotion to the next highest rank in the Euclid Police and Fire Departments shall not be eligible to take the examination unless the candidate has served twelve (12) months in the rank from which the promotion is to be made.

   (A)   Initial promotion: Any candidate for promotion to the rank of Sergeant in the Euclid Police Department or to the rank of Lieutenant in the Euclid Fire Department shall not be eligible to take the examination unless the candidate has both completed probation and served thirty-six (36) months as an officer with the respective department. No prior service time shall be considered for purposes of qualifying under this provision.

   (B)   Other promotion: Any candidate for promotion above the rank of Sergeant in the Euclid Police Department or Lieutenant in the Euclid Fire Department shall not be eligible to take the examination unless the candidate has served twelve (12) months in the rank from which the promotion is to be made and is not currently on probation.

13.7 PROBATION PERIOD. Repealed effective 5/1/01. See Civil Service Rule 6.8.

CHAPTER 14
WAIVER AND AMENDMENTS OF RULES

14.1 WAIVER. In specific cases where, in the judgment of the Commission that it is in the interest of the public service, any rule of the Commission duly adopted may be waived by a two-thirds vote of the Commission. Such action with the reasons therefore to be entered in the minutes of the meeting where such waiver was voted.

14.2 AMENDMENTS. Any amendment to these rules shall not be adopted at the same meeting at which it is proposed, and no final action shall be taken on any amendment in less than seven (7) days after it is first proposed.

CHAPTER 15
CONFORMITY WITH STATE STATUTES

15.1 APPLICATION OF ORDINANCES AND STATUTES. The Ordinances of the City of Euclid and Statutes of the State of Ohio shall apply to maters decided by the Euclid Civil Service Commission to the extent that the rules of the Euclid Civil Service Commission are deficient and such ordinances and statutes are not inconsistent with such rules.

15.2 COPYING OF PUBLIC RECORDS. Public records kept by the Civil Service Commission of the City of Euclid as defined in Section 149.43 of the Ohio Revised Code, will be made available promptly to the public upon written request for inspection and/or copying within a reasonable time except where copies are prepared by other professional services.

   The Commission shall comply with a request to inspect public records within a reasonable time, but in no event, later than two (2) working days after receipt of a written request.

   The Commission shall comply with a request for copies of public records within a reasonable time, but in no event, later than ten (10) working days after receipt of a written request. Copies will be made available at the rate of five cents ($.05) per page payable prior to or upon delivery of the copies. Each side equals one page. Cost may change per ordinance. The cost of copies prepared by outside professional services shall be payable at the actual cost of such services.

   Since the City of Euclid Civil Service Commission is not required to create public records, if a request is received for a record that does not exist or is not maintained by the Commission, that fact shall be noted on the written request and signed by the employee so informing the person requesting the record.

15.3 REQUESTS FOR INSPECTION OR COPYING OF PERSONNEL FILES. A written form that requests production for inspection or copying of any, or part of any, personnel files and records, regardless of media, shall be copied and delivered to each employee of the Appointing Authority who is the subject of such personnel inspection or copying. The above-stated deadlines for production of public records for inspection and copying shall be extended as reasonably necessary to effectuate this provision. Pursuant of Section 149.43 of the Ohio Revised Code, applicable Federal Laws, and the Rules of the Euclid Civil Service Commission, any and all information required to be kept confidential shall not be released.

CHAPTER 16
MISCELLANEOUS RULES

16.1 TITLE.  These rules shall be know at the Local Rules of the Civil Service Commission of the City of Euclid and may be cited as “Local Civ. Service R. ___”

16.2 EFFECTIVE DATE. These rules shall take effect on the first day of October, 1994. They govern all proceedings and actions occurring after they take effect and also all further proceedings in matters then pending, except to the extent that in the opinion of the Euclid Civil Service Commission their application in a particular matter pending when the rules take effect would not be feasible or would work an injustice, in which event the former rules of the Euclid Civil Service Commission shall apply. (Ord. 300-1994. Passed 12-5-94.)

APPENDIX A
EUCLID CIVIL SERVICE JOB CLASSIFICATIONS
(Revised 6/7/95)

Classified Groups:	Explanation of Classification:	Governing Euclid Civil Service Rules Effective 10/1/94
1-R	Regular, competitively tested (governed also by R.C. § 124.11 (B)(1))	3.1(B)(1); 3.2(A)
1-T	Temporary, maximum employment of 90 days (compare with R.C. § 124.30(C): 6-month maximum and R.C. § 124.30(A) “emergency” employment: 30-day maximum)	3.1(B)(1); 3.2(B) 6.6(C); 10.2
1-P	Provisional, employed only until 1-R appointment made (Compare with R.C. § 124.30(A): 6-month maximum)	3.1(B)(1); 3.2(C) 6.6(B); 10.1
1-CB	Collective Bargaining, appointment made pursuant to union contract (governed by R.C. Chapter 4117)	3.1(B)(1); 3.2(D)
2	Unskilled, non-competitively tested (governed by R.C. § 124.11(B)(2) and City Charter Article V, Section 7)	3.1(B)(2); 3.3
3	Special, peculiar, exceptional qualifications (governed by City Charter Article V, Section 7; R.C. § 124.30(B))	3.1(B)(3); 3.4
S	Permanent, appointee, continued service 2-year minimum (governed by R.C. § 124.271: without testing and upon application to the Commission, but initially subject to 120-day probation period)	3.1(B)(4); 3.5 4.3(B); 6.8(B)
Unclassified Group:
E	Exempt, unclassified (governed by Euclid Charter Article V, Section 7, and R.C. § 124.11(A)	3.1(B)(5)

 

APPENDIX B
CITY OF EUCLID
PUBLIC RECORDS REQUEST FORM

   The Public Records Law (Ohio Revised Code 149.43) generally requires every public office, including the City of Euclid, to prepare promptly all public records and make them available for inspection at all reasonable times during regular business hours. Upon request and within a reasonable period of time, a public office must make copies of public records available at cost.

   Please complete this information form to initiate a request by any member of the public to inspect or have copies made of any public record kept by the City of Euclid.

   Note that under the Public Records Law requesters are not required to make a written request or reveal their identity. If you want to make a verbal request please call 216-289-2746.

1. Date of this Public Record request: _______________________

2. Time of this Public Record request: _______________________

3. Contact Information (Optional):

Printed Name: _________________________________________________________

Address: _______________________________________________________________

Telephone: _____________________________________________________________

4. Please list as specifically as possible the Public Records requested: (Attach additional page if necessary.)

Public Records to be inspected at the Euclid Municipal Center:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

__________________________________________________

Public Records to be copied at the Euclid Municipal Center:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

__________________________________________________

For City of Euclid Use Only

Date Request Received: __________ Initials of Receiving Clerk: __________

Date of Delivery of Public Records for Inspection: __________

Date of Delivery of Copied Public Records: __________

Number of Pages Copied: ______ at ______per copy

Total Charges for Pages Copied: __________ Paid: Yes or No (Circle One)

Signature of Records Clerk ________________________________________________