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SECTION 33. IMMUNITY TO RECALL.
   No recall petition shall be filed against an officer within one hundred and twenty (120) days after the officer takes office, nor in the case of an officer re-elected in a recall election, until one hundred and twenty (120) days after the election. An officer can be subject to only one recall election during any unexpired term of office.
(Adopted November 4, 1969; Amended November 6, 2001)
SECTION 34. STATE LAW TO GOVERN WHERE NO CHARTER PROVISION.
   Where no special provision is made in this Charter governing the election to be held on account of a recall petition being filed as hereinbefore provided, the general laws of the State of Ohio shall govern.
ARTICLE XIV
Sinking Fund Commission
   (Repealed November 8, 1955. Article XIV shall be reserved for future Charter provisions.)
ARTICLE XV
Civil Service Commission
SECTION 1. MEMBERSHIP, TERM, VACANCY AND REMOVAL.
   The Mayor shall appoint a Civil Service Commission consisting of three (3) electors of the Municipality not holding other Municipal office or appointment to serve for a term of six (6) years; except that of the three (3) appointed for the terms beginning with the effective date of this article, one (1) shall be appointed for a term of two (2) years, one (1) for a term of four (4) years, and one (1) for a term of six (6) years. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for an original appointment. A member of the Civil Service Commission may be removed by the Mayor for neglect of duty, incapacity, incompetency, or malfeasance in office, but only after opportunity has been given for a public hearing before the Mayor, to be held at least ten (10) days after written charges have been made and notice thereof been given to the accused member. Such member shall be heard in person or by counsel; and the order of the Mayor on such removal shall be final.
(Adopted November 8, 1955)
SECTION 2. PROCEDURE; EXAMINATIONS.
   The Civil Service Commission shall provide by rule for the ascertainment of merit and fitness as the basis for appointment and promotion in the service of the Municipality as required by the Constitution of the State of Ohio, and for appeals from the action of the Mayor in any case of transfer, reduction or removal. The action of the Commission on any such appeal shall be final except as otherwise provided by the laws of the State of Ohio. Civil Service examination shall not be required for the appointment of any member of a board or commission, or any head of a department other than the Division of Police or the Division of Fire, or any assistant to a director, or any secretary to the Mayor or to the head of any department or any assistant to the Mayor, or for temporary appointments or for unskilled laborers, or for appointment to any other office or position requiring peculiar or exceptional qualifications. Any person who shall have served the Municipality on a full-time or part-time basis, whether volunteer or regular, for at least one year next preceding the effective date of this article may be retained in his same position without examination. Except as herein provided, a competitive examination shall be required for appointment or promotion to nonelective offices or job classifications in the service of the Municipality, but the Civil Service Commission shall determine the nature of such examination. The Civil Service Commission shall have the authority to determine that competitive written examinations for lateral entry into employment for the positions of Police Cadet and Fire Cadet may be dispensed with, and instead, may provide by rule for the option of lateral entry into employment for the positions of Police Cadet and Fire Cadet upon completion of an application, submission of proof of experience and training, an oral interview, and such other requirements as the Civil Service Commission may determine are appropriate. The Civil Service Commission shall certify the payroll of all civil service employees to the Finance Director. (Adopted November 8, 1955; Amended November 7, 2017)
SECTION 3. CONFLICTING PROVISIONS.
   In any matter where a rule, regulation, order or decision of the Civil Service Commission conflicts with any provision of the laws, rules or regulations of the State of Ohio, the rule, regulation, order or decision of the Maple Heights Civil Service Commission shall prevail over and render null and void the State provision with respect to the City of Maple Heights. (Adopted November 8, 1955; Amended November 7, 2017)
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