159.09 TRANSFERS, REINSTATEMENTS AND LAYOFFS.
   (a)    Transfers. A person holding a position in the classified service may be transferred, when ordered by the City Manager, to a similar position in another office, department or institution having the same pay and similar duties; but, no transfer shall be made to a position in another class nor to a position for which original entrance requires an examination involving essential tests or qualifications different from those required for original entrance to the position held by such person.
   (b)   Layoff. Whenever it becomes necessary in the Police or Fire Departments, through lack of work or funds, or for causes other than those outlined in Ohio R.C. 124.34, to reduce the force in such department, such changes shall be made in accordance with the provisions of Ohio R.C. 124.37.
   (c)    Establishment of "Layoff" Lists. The names of persons holding permanent positions in the classified service which have been abolished or made unnecessary shall be placed by the Commission on an appropriate "layoff" list in order of their original appointment and for a period of not to exceed one year shall be certified to the appointing authority as in the case of original appointments. Whenever discontinued positions are re-established by the appointing authority and a request is made for certification of eligibles, former employees of the department in question who have been laid off and whose names appear on the "layoff" list shall be first to receive appointment.
   (d)    Reinstatements. Any permanently appointed employee who has resigned without delinquency may be reinstated, without requisition upon the Civil Service Commission, by the appointing authority at any time within one year from the date of separation provided there are no former employees of the department who have been laid off and whose names appear on the eligible list for the class. A notice of such reinstatement shall be sent to the Commission for its approval.
   (e)    Leave of Absence. The appointing authority may grant leave of absence to an employee in the classified service for a period of not to exceed one year, and upon the expiration of such leave of absence, such officer or employee shall be reinstated provided, however, that if the officer or employee is a provisional appointee under Ohio R.C. 124.30, the leave of absence if granted is subject to the establishment of an eligible list and is established at any time during the period of leave of absence. All such leaves of absence granted by the appointing authority shall be reported to the Commission.
   (f)    Absence Without Leave: Reinstatement. Absence from duty without leave for any time will be considered neglect of duty and good cause for dismissal. Absence from duty without leave for 10 consecutive days shall be deemed a resignation from the service by the absentee upon report of such absence by the appointing authority and the resignation shall be entered upon the records of the Civil Service Commission; provided, however, that if at any time within 30 days the person so absenting himself shall make satisfactory explanation to the appointing authority for the cause of absence, he may be reinstated to his position. Failure to report after a leave has expired or has been disapproved or revoked and cancelled by the appointing authority shall be considered neglect of duty and cause for discharge; provided, however, that if an officer or employee so discharged shall show to the satisfaction of the appointing authority that such failure to report was excusable, the appointing authority may then order his reinstatement.
(1969 Code 33.48)