(a) Composition and Term. The Civil Service Commission shall consist of three (3) electors of the Municipality, not holding other office or employment with the Municipality for which monetary compensation is received, to be appointed by the Mayor, subject to confirmation by a majority of the members of Council, for a term of six (6) years, except that, of the three (3) appointed for the terms beginning January 1, 1952, 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 Civil Service Commission shall be filled for the unexpired term in the manner authorized for an original appointment.
(b) Duties. The Civil Service Commission shall provide by rule for the ascertainment of merit and fitness as the basis for appointment and promotion of all employees in the classified service of the Municipality, as required by the Constitution of Ohio, and shall adopt such other rules as may be necessary and proper for the enforcement of the merit system and for the procedure of the Commission. The Civil Service Commission shall make, promulgate, interpret and enforce rules governing procedures and conditions for:
(1) Qualifications for original appointments and promotions;
(2) Testing for original appointments and promotions;
(3) The establishment of eligibility lists for original appointments and promotions;
(4) Certification of names of candidates from eligibility lists for original appointments and promotions;
(5) Removal of names of candidates from eligibility lists for original appointments and promotions;
(6) Appointments, including provisional, temporary, emergency, and permanent appointments;
(7) Promotions;
(8) Transfers and reinstatement;
(9) Disciplinary action, including reductions, suspensions, and removals; and
(10) Appeals from the action of the Mayor in any case of transfer, reduction, or removal.
All such rules promulgated by the Civil Service Commission shall become final upon adoption by the Civil Service Commission, and shall not require the approval of Council. The judgment of the Commission on any appeals from the action of the Mayor in cases of transfer, reduction, or removal shall be final, except as otherwise provided by applicable law.
(c) Conflicts with State Law. The civil service rules, civil service regulations, and civil service statutes of the State of Ohio shall not apply to the classified service of the Municipality. All rules and regulations of the Civil Service Commission adopted under the authority of Article VII, Section 6(b) of this Charter shall supersede any conflicting provisions of any administrative rule, regulation, or statute of the State of Ohio.
(d) Unclassified and Classified Service. The service of the Municipality is hereby divided into the unclassified and classified service.
(1) The unclassified service shall include:
(i) Officers elected by the people;
(ii) Members of boards and commissions;
(iii) Heads of all departments and divisions;
(iv) The Municipal Clerk and any assistant to the Municipal Clerk;
(v) Secretaries to the Mayor, the head of any department or division, and the Municipal Clerk;
(vi) Volunteer members of the Division of Fire;
(vii) Temporary or part-time employees;
(viii) Laborers in the Department of Public Service;
(ix) Supervisors and assistants in the Department of Public Service;
(x) Bureau Chiefs in the Division of Fire;
(xi) Paramedics and squad leaders in the Division of Fire;
(xii) Clerks;
(xiii) Building and Zoning Inspectors;
(xiv) Engineering Technicians;
(xv) Employees of the Municipal Court; and
(xvi) All other positions and offices requiring professional or exceptional qualifications, or holding a fiduciary or confidential relationship to the Council, the Mayor, or the head of a department or division, or for which the Civil Service Commission determines that competitive examinations are not practicable.
(2) The classified service shall include all positions not designated in this Charter as within the unclassified service.
(3) Except as provided herein, the Civil Service Commission shall determine the practicability of competitive examinations for any non-elective office or job classification in the service of the Municipality, and shall interpret the provisions of subsection (d) of this Section. A determination by the Civil Service Commission to include a position in the classified service shall be final and shall not be appealable to Council.
(4) Any position which is reassigned from the classified service to the unclassified service as a result of this Charter Amendment, and which, on the effective date of this Amendment, is filled by an employee of the Municipality, shall remain in the classified service until a vacancy shall occur in such position, at which time the position shall be included within the unclassified service.
No permanent employee of the Municipality who, on the effective date of this Amendment, occupies a position which is reassigned from the unclassified service to the classified service, shall be required to take any examination to retain such position, but shall be included within the classified service, shall be continued in such position, and shall have the benefit and protection of the civil service provisions of this Charter with respect to such position.
(Amended 11-8-05)
(Amended 11-8-05)