SECTION 6. CIVIL SERVICE COMMISSION.

(A)   Composition, Term and Removal.

   As of the effective date of this Charter, there is hereby created a Civil Service Commission which shall consist of three (3) electors of the Municipality, not holding other municipal office or appointment, to be appointed by the Mayor within sixty days after the effective date of this Charter, with the concurrence of a majority of the members of Council, for terms of six (6) years each, except that of the three initially appointed for the term beginning January 1, 1975, one shall be appointed for a term of two years, one for a term of four years, and one for a term of six years. The Mayor may at any time remove any member of the Commission for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office, incapacity or incompetency, provided, however, that such removal from office shall become final only after being confirmed by the affirmative vote of a majority of the members of Council. 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. The Commission shall designate one of its members as Chairman, and may appoint a Secretary who need not be a member of the Commission and may hold other municipal office or appointment. (Amended 5-8-84.)

(B)   Classification of Service.

   The Civil Service of the Municipality is hereby divided into the unclassified and the classified service. The Civil Service Commission shall determine which employees of the Municipality shall be within the classified service and which shall be within the unclassified service, subject to the following provisions.

      (1)    All regular full-time members of the Police Department, including the Chief of Police but excluding those not having statutory misdemeanor arrest powers shall be in the classified section.
(Amended 11-3-81.)

      (2)    All regular full-time members of the Fire Department including the Fire Chief shall be in the classified service.
(Amended 11-8-05.)

      (3)    The Clerk of Council, all department heads and Commissioners except as set forth in Section (B)(1) and (2) above, secretaries to department heads and elected officials and administrative assistants to department heads and elected officials, whether they be full-time or part-time employees, shall be in the unclassified service.
(Amended 11-3-15.)

      (4)    Except as otherwise provided in this Charter or the general laws of Ohio, all other regular full-time employees of the Municipality, other than those serving a probationary period of employment, shall be in the classified service.

      (5)    Except as otherwise provided in this Charter, all regular full-time employees of the Municipality, other than those serving a probationary period of employment, who have been continuously employed in the service of the Municipality in the same or similar position, for at least eight months prior to the date such position is placed in the classified service, shall be retained in the same or similar position in the classified service without examination until discharged, reduced, disciplined, promoted or transferred in accordance with this Charter or the rules and regulations of the Commission.
(Amended 11-8-05.)

      (6)    All temporary or part-time employees of the Municipality, as such positions shall be defined by the rules and regulations established by the Commission, shall be in the unclassified service.
(Amended 11-8-05.)

(C)   Duties of Civil Service Commission.

   The Commission shall provide by rule for the ascertainment of merit and fitness as the basis for appointment and promotion in the classified service, in the manner provided by the Constitution of the State of Ohio, and for appeals from the action of the Mayor or from the action of any department head in any case of transfer, reduction in rank or discharge from employment in the classified service, except as otherwise provided in this Charter, and the action of the Commission on any such appeal shall be final, except as provided by law. The Commission shall keep a record of its proceedings and examinations, which shall be open to public inspection under reasonable regulations of the Commission, and, in all matters not in conflict with this Charter, shall conduct its affairs in accordance with the provisions of the general law.

(D)   Probationary Employees.

   All original and promotional appointments of all employees of the Municipality shall be for a probationary period of one year, and no appointment or promotion of an employee is final until such employee has satisfactorily served the employee's probationary period. If the service of a probationary employee is unsatisfactory, the employee may be removed or reduced at any time during such probationary period by the appointing authority. (Amended 11-3-15.)

(E)   Promotions.

   The position of Chief of Police, Chief of Fire, and Assistant Chief of Fire, when a vacancy occurs, shall be filled by promotion from among persons holding positions in the supervisory ranks below, providing that there are two or more persons in such next lower rank who are willing to take the examination and are qualified pursuant to standards as determined by the Civil Service Commission. In the event there are not two persons willing to compete for such examination from the supervisory ranks below, then the Commission has the authority to permit competition for such appointment from the next lower rank (patrol officer in the Police Department and firefighters in the Fire Department), as well as to include competition from qualified individuals outside the Department as determined by the Civil Service Commission. The intent being to provide promotions from supervisory ranks, and to provide flexibility to go outside the department once supervisory ranks are no longer capable of providing 2 qualified and willing candidates.

   No positions, except the position of Chief of Police, Chief of Fire, and Assistant Chief of Fire, above the rank of patrol officer in the Police Department or Firefighter in the Fire Department shall be filled by original appointment. Vacancies in positions above the rank of patrol officer or firefighter shall be filled by promotion from among persons holding positions in a rank lower than the position to be filled in the respective department. Promotion shall be by successive ranks so far as practicable. No person in either the Police Department or the Fire Department shall be eligible to take an examination for promotion to a position in a higher rank unless the person has served at least twenty-four (24) months in the next lower rank, provided in those cases where there are less than two persons in such next lower rank who have served twenty-four (24) months, therein and are willing to take the examination, the twenty-four (24) month service requirement shall not apply. If the nonapplication of the twenty-four (24) month service requirement to persons in the next lower rank does not produce two (2) persons eligible and willing to compete, then the same method shall be followed by going to successively lower ranks until two (2) or more persons are eligible and willing to compete in an examination for the vacancy. In the event two (2) persons are unwilling to compete for such examination, then the one (1) person who is willing to compete shall be appointed to fill the vacancy after passing a qualifying examination.

   Except as otherwise provided in this paragraph (E) of Article V, Section 6, of this Charter, all promotions of employees within the classified service shall be made in accordance with the general laws. (Amended 11-3-15; 11-3-20.)

(F)   Power to Appoint.

   The Mayor, in making any original appointments to a position within the classified service shall be provided by the Civil Service Commission with a list of ten (10) candidates scoring highest on the qualifying examination who have achieved passing grades and the Mayor shall make the appointment from among those candidates. If there would be less than ten (10) candidates who have achieved a passing grade, the Mayor may appoint from the list provided to the Mayor or may request a new list.

(G)   Power to Promote.

   The Mayor, in making any promotions to a position in the classified service shall be provided by the Civil Service Commission with a list of three (3) candidates scoring highest on the qualifying examination who have achieved passing grades and the Mayor shall make the promotion from among those candidates. If there would be less than three (3) candidates who have achieved a passing grade, the Mayor may appoint from the list provided to the Mayor or may request a new list. (Amended 11-3-98.)