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Except as may be otherwise required or permitted by Section 94 of this Charter (or Civil Service Rule adopted thereto) or by state or federal law, no person in the classified service and no person seeking admission to the classified service shall be appointed, refused appointment, suspended, reduced, laid off, discharged, promoted, demoted, or in any other way favored or discriminated against because of any political opinion, political affiliation or lack of political affiliation, political activity or lack of political activity, or making or failing to make an assessment, subscription, contribution, or payment to any political party, candidate for public office, campaign committee, ballot issue campaign, or political action committee. (Amended 11-3-09)
As used in this Section, "person" means an individual, corporation, business trust, estate, trust, partnership, association, organization, partner, agent, employee, unincorporated business, unincorporated organization, committee, or group, and includes but is not limited to persons in the classified service, persons in the unclassified service, public employees, public officials, government offices, government departments, government agencies, private citizens, political parties, candidates for public office, ballot issue campaigns, campaign committees, political action committees, and all staff, volunteers, and employees of political parties, candidates for public office, ballot issue campaigns, campaign committees, and political action committees.
No person shall knowingly violate any state or federal law or any rule adopted by the civil service board and approved by council in accordance with this section and section 90 of this charter which prohibits or regulates political activity on the part of or with respect to persons in the classified service.
No person shall knowingly solicit or participate or assist with soliciting by any means, whether directly or indirectly, any assessment, subscription, contribution, or payment from any person in the classified service to or for any political party, candidate for public office, ballot issue campaign, campaign committee, or any political action committee; provided, however, that the civil service board may adopt and submit to city council for approval rules which permit persons other than public employees of public officials who hold supervisory or elected positions in the city of lima to solicit or participate or assist with soliciting by means permitted by such rules such assessments, subscriptions, contributions, or payments from persons in the classified service to or for such ballot issues as defined and permitted by such rules.
In accordance with section 90 of this charter the civil service board shall adopt and submit to city council for approval rules which shall include, but not be limited to, provisions with respect to:
(A) members of the classified service soliciting political contributions;
(B) members of the classified service becoming candidates for or holding elective office;
(C) members of the classified service circulating and signing candidate or ballot issue petitions;
(D) members of the classified service being members of or serving as officers of political organizations;
(E) members of the classified service expressing political opinions while on duty;
(F) members of the classified service displaying campaign buttons or stickers on their clothing or personal items while on duty as public employees.
The Civil Service Board shall adopt no rule prohibiting members of the classified service from voting as they please; from, when not on duty as a public employee, expressing freely their political opinions; from requesting and voting the primary election ballot of a political party; from serving as a precinct poll worker or election official under the supervision of a county board of elections; from attending political meetings and rallies; from displaying political signs at their residences or other real property; from displaying political bumper stickers on their personal vehicles; from displaying, when not on duty as a public employee, campaign buttons or stickers on their clothing or personal items; or from making a contribution to any political party, candidate for public office, ballot issue campaign, campaign committee, or political action committee. (Amended 11-3-09)
Any person who knowingly violates any of the civil service provisions of this Charter, or the civil service rules of the Civil Service Board, or fails to comply with a subpoena issued pursuant to Charter Section 92, shall be guilty of a misdemeanor of the 3rd degree, and upon conviction thereof shall be punished therefore as established in the laws of the State of Ohio for a misdemeanor of the 3rd degree. Council may by ordinance establish a procedure for the issuance of any such subpoena, and Council may by ordinance also establish a penalty greater than what is set forth in this section. (Amended 11-3-09)
If approved by a majority of the voters of the City of Lima at the November 2009 election, these amendments to the Civil Service provisions of the Charter shall take effect on the date of certification of the election results by the Board of Elections, except for the amendments to Section 90, which shall not take effect until such time as Council passes an ordinance approving Civil Service Rules to effectuate the provisions of Section 90. Until then the previously existing Section 90 and Civil Service Board Rules shall be in effect. (Amended 11-3-09)
As used in this Section, "person" means an individual, corporation, business trust, estate, trust, partnership, association, organization, partner, agent, employee, private citizen, public employee, public official, government office, government department, government agency, unincorporated business, unincorporated organization, committee, or group.
No person shall violate any state or federal law prohibiting discrimination on the basis of race, color, religion, sex, military status, national origin, disability, age, ancestry, or other classifications protected by state or federal law.
Except as may be permitted by law because of a bona-fide requirement involving a physical, medical, skill, knowledge, experience, or education qualification or because of a bonafide policy, rule, law, or court order involving civil rights or veterans preferences or rights, no employee of the City of Lima and no person seeking employment by the City of Lima shall be employed or appointed, refused employment or appointment, suspended, reduced, laid off, discharged, promoted, demoted, or in any other way favored or discriminated against because of such person's race, color, religion, sex, military status, national origin, disability, age, ancestry, sexual orientation, or other classifications protected by state or federal law.
Except as may be permitted by law because of a bona-fide requirement involving a physical, medical, skill, knowledge, experience, or education qualification or because of a bonafide policy, rule, law, or court order involving civil rights or veterans preferences or rights, no department, office, agency, official, or employee of the City of Lima shall favor or discriminate against any person in any manner in any decision, action, or program of the City of Lima because of such person's race, color, religion, sex, military status, national origin, disability, age, ancestry, sexual orientation, or other classifications protected by state or federal law. (Enacted 11-8-11)
EDITOR’S NOTE: The provisions of this former section dealing with salaries of members of board were repealed by the electors on November 3, 2009.
SOCIAL SERVICE
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