§8.04   CIVIL SERVICE.

   (A)   There is hereby created a Civil Service Commission consisting of three members. Members of the Civil Service Commission shall be electors of the City at the time of their appointment and during their terms of office. Not more than two members of the commission shall be registered to vote in a primary election of the same political party. Members of the Civil Service Commission shall be appointed for overlapping three year terms of office by a majority vote of the members of the Council. The members of the Commission first appointed under this Charter shall be appointed as follows: one member shall be appointed for a one year term; one member shall be appointed for a two year term; and one member shall be appointed for a three year term; and thereafter, each member shall be appointed for a three year term of office.

   (B)   All compensated positions of the City shall be in the Classified Service of the City, except the following offices and positions which shall constitute the Unclassified Service of the City:

(1)   The Mayor and members of Council;

(2)   The City Manager;

(3)   The Directors of the Departments of Law, Finance and Development Services, and the heads of all other administrative departments, except the Police Chief and Fire Chief (if such position is a full-time compensated position) and the Superintendent of Building Inspection and Zoning;

(4)   Assistant Directors of Law and special legal counsel;

(5)   Members of all Boards and Commissions established by this Charter or by ordinance or resolution;

(6)   The Clerk of Council and other employees of the Council;

(7)   Professional engineers employed by the City;

(8)   Part-time, volunteer and paid-on-call employees of the City;

(9)   Part-time members of the police department and members of any auxiliary police force or unit;

(10)   Secretaries to the City Manager, Mayor, Director of Law, Director of Development Services and Director of Finance;

(11)   The Secretary of each Board and Commission established by this Charter or by ordinance or resolution; provided that if such Secretary holds other employment within the Classified Service of the City, this section shall not exempt such person from the requirement of competitive examination to hold such other employment;

(12)   Persons of exceptional professional or scientific qualifications;

(13)   Consultants and others engaged to provide services as independent contractors;

(14)   Seasonal employees who are not employed for more than one hundred twenty consecutive days or for more than one hundred twenty days in any one year.

(15)   Special categories of employees employed under federal or state programs, as defined and authorized by the Civil Service Commission.

(16)   The Assistant Director of Parks and Recreation.

   As used in this division, "part-time" means employment by the City for not more than thirty hours per week, on the average over the period of any one calendar year.

   (C)   Officers and employees in the Classified Civil Service of the City shall be appointed and promoted pursuant to competitive examinations, to the extent practicable, and shall be dismissed, suspended or otherwise disciplined, for cause only, pursuant to the powers granted by Division (E) of this Section. Officers and employees in the Unclassified Service of the City shall not be appointed or promoted pursuant to competitive examination and shall serve at the pleasure of the appointing authority and may be removed, suspended or otherwise disciplined without cause, except as may otherwise be provided in portions of this Charter applicable to such officers or employees.

   (D)   The City Manager shall be the appointing authority with the power to appoint, promote, remove, suspend or otherwise discipline:

(1)   All officers and employees in the administrative departments, or sub-units thereof, except the Department of Law, subject to the provisions of this Section 8.04 pertaining to Civil Service;

(2)   Employees of each Board or Commission created by this Charter or by ordinance or resolution, subject to the provisions of this Section 8.04 pertaining to Civil Service. The Secretary of each Board and Commission shall be appointed by the Board or Commission as provided in Section 8.08 of this Charter.

   The Director of Law shall be the appointing authority for that department with the power to appoint, promote, remove, suspend or otherwise discipline officers and employees within that department, subject to the provisions of this Section 8.04 pertaining to Civil Service.

   (E)   The general laws of Ohio pertaining to civil service in general statutory plan cities shall apply to the City under this Charter, except as such laws may conflict with or be inconsistent with the provisions of this Charter; and further provided that the Council may, by ordinance or resolution, upon the recommendation of the Civil Service Commission, eliminate or modify the application of specific provisions of those laws to the City and substitute local procedures or provisions in lieu of the specific provisions of those laws. Such action by the Council shall be taken only after the ordinance or resolution has been considered at meetings held on at least three separate days. Any such ordinance or resolution shall be adopted only upon a vote of three-fourths of the members of the Council. No such ordinance or resolution shall be adopted as an emergency measure.

   (F)   The Civil Service Commission of the City shall administer the civil service provisions of the general laws of Ohio for the Classified employees of any school district, health district, court or other unit of government to the extent and if required under the general laws of Ohio. The City may receive funds from such other units of government for the services rendered to them. (Amended 6-8-82; 11-6-84; 11-4-86; 11-5-02)