ARTICLE X
CIVIL SERVICE

Section 10.01 Civil Service; Exceptions.

   Except as provided in this Article of the Charter, all original appointments in the safety forces and all promotions in the classified Civil Service of the City shall be made according to merit and fitness, to be ascertained, as far as practicable by competitive examination; and in the absence of a specific provision to the contrary in either this Charter or the Rules of the Mansfield Civil Service Commission, the general statutory laws of Ohio pertaining to Civil Service on the first day of January 1983, as amended from time to time by the General Authority, shall be enforced. (Amended 11-5-96)

Section 10.02 Chiefs of Safety Forces.

   The Chiefs of the Police and Fire Divisions of the City shall be in the unclassified service of the City. The Mayor shall appoint the Chief of Police and the Chief of the Fire Division; they shall serve at his pleasure and be subject to removal by him, without cause. Provided: this section shall not be applicable to the individuals holding the position of Chief of Police and Chief of the Fire Division under the general Civil Service statutes in effect on 31 December, 1982, until their respective resignations, retirement or removal pursuant to law becomes effective.

Section 10.03 Police Chief.

   (A) Appointment by the Mayor to the position of Chief of Police shall be made from among those officers in the Division then holding the next two lowest grades to the Chief of Police and having not less than two (2) years of service in their respective grade. Provided: If there are less than three individuals eligible who have the necessary service in the next two lowest grades to the Chief of Police, than all individuals in the third lowest grade from the Chief who have at least three (3) years of service in such lowest grade shall also be eligible for appointment.

   (B) An individual appointed by the Mayor to the position of Chief of Police and thereafter removed from that position by the Mayor shall be entitled to reappointment in the classified service of the Division in the grade held at the time of his appointment as Chief with full rights of seniority and tenure, including the time served as Chief of the Police Division.

   (C) Within the Division of Police there shall exist the unclassified position of Assistant Chief(s). The Assistant Chief(s) shall be appointed by the Chief from among those officers in the Division holding the next two lowest grades and having not less than three (3) years of total service in both said grades. The position of Assistant Chief shall be an at-will position and the individual(s) holding such position are subject to removal, without cause.

   (D) An individual appointed to the position of Assistant Chief and thereafter removed from that position shall be entitled to reappointment in the classified service of the Division in the grade held at the time of his/her appointment as Assistant Chief with full rights of seniority and tenure, including the time served as Assistant Chief of the Police Division.

   (E) In the event an individual holding the position of Chief resigns, dies, or said position is otherwise vacated within two (2) years of his/her appointment, the time and grade requirements of Section (A) hereof shall be waived. (Amended 11-6-12)

Section 10.04 Chief of Fire Division.

   (A)    Appointment by the Mayor to the position of Chief of the Fire Division shall be made from among those officers in the Division then holding the grade next lowest to the Chief of the Fire Division and having not less than two (2) years of service in that grade. Provided: if there are less than three individuals eligible who have the necessary service in the grade next lowest to the Chief, then all individuals in the second lowest grade from the Chief who have at least two (2) years service in such grade shall also be eligible for appointment.

   (B)   An individual appointed by the Mayor to the position of Chief of the Fire Division and thereafter removed from that position by the Mayor shall be entitled to reappointment in the classified service of the Division in the grade held at the time of his appointment as Chief with full rights of seniority and tenure, including the time served as Chief of the Fire Division.