SECTION 7.07   CIVIL SERVICE COMMISSION.
   A.   Membership. The Civil Service Commission shall consist of three (3) electors of the Municipality, not holding other Municipal office or employment, to be appointed by the Mayor, with the concurrence of a majority of the members of Council for terms of three (3) years each, except that of the three members of the Commission appointed for the term beginning January 1, 1970, one shall be appointed for a term of one (1) year, one for a term of two (2) years and one for a term of three (3) 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. The appointment of the members of this Commission pursuant to this section, shall be made on a non-political or non-partisan basis.
(Amended 11-2-04)
   B.   Officers. The Commission shall elect its own officers, and adopt its own rules and regulations for procedure.
   C.   Classification of Service. The Civil Service of the Municipality is hereby divided into unclassified and classified service. The unclassified service shall include:
      1.   All officers elected by the people;
      2.   Any member of a board or commission or any head of a department, subdepartment or division thereof, other than the Police and Fire Departments;
      3.   One secretary to the Mayor and one secretary to each head, superintendent and foreman of any department, sub-department or division, or his or her assistant;
      4.   Any deputy of an elected or appointed officer who holds a fiduciary relationship to his or her principal;
      5.   Any office or position requiring peculiar or exceptional qualifications;
      6.   Part-time members of the Police Department;
      7.   Plumbing, heating, building, electrical, health and sanitary or sewer inspectors;
      8.   Provisional employees whose employment without extension by the Commission shall not exceed one hundred twenty (120) days;
      9.   Unskilled labor.
   The classified service shall include:
      1.   All full-time and part-time members, including officers, of the Fire Department except the office of the Fire Chief. All full-time members of the Police Department, including officers, except the office of the Police Chief;
      2.   Employees of any utility operated by the Municipality requiring an operator's license except a chauffeur's license in the performance of their duties.
   Except as herein provided the Civil Service Commission shall determine the practicability of classification and competitive examination for any nonelective office or job in the service of the Municipality. The Civil Service Commission may determine that no competitive exam is required for the initial appointment of a part-time firefighter. No part-time firefighter shall be eligible to take the full-time civil service test or be eligible for a promotion in the part-time ranks unless a part-time firefighter has passed a competitive civil service exam and has then been hired off of a civil service list as a part-time firefighter.
   Any person in the classified service, who is serving the Municipality on the effective date of this Charter, may be retained in the same or similar position without examination.
(Amended 11-6-84; 11-4-14)
   D.   Duties. The Commission shall provide by rule for ascertainment of merit and fitness as the basis for appointment and promotion in the classified 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, and the action of the Commission on any such appeals shall be final except as otherwise provided by law. The Commission shall keep a record of its proceedings and examinations, which shall be open to public inspection.
   The Commission shall, in all matters that are not in conflict with this Charter, conduct its affairs in accordance with the provisions of the City ordinances that are adopted by the Council of this City that relate to civil service appointments, promotions, demotions, hirings, terminations and all other civil service personnel matters.
   The City and the Civil Service Commission shall exercise all powers of local self- government and home-rule in all matters that relate to civil service appointments, promotions, demotions, hirings, terminations and all other personnel matters. The Council of the City of  Mentor-on-the-Lake is expressly authorized to adopt ordinance that relate to civil service appointments, promotions, demotions, hirings, terminations and all other civil service personnel matters and such ordinances that are adopted by Council shall prevail over any state civil service statutes that may conflict, whether directly or indirectly, with any such ordinance that has been adopted by Council.
(Amended 11-2-04)
   E.   Suspension and Removal. The Mayor may at any time suspend or remove any Civil Service Commissioner for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office, incapacity or incompetency, provided, however, that such suspension or removal shall not be effective without the concurrence of five (5) of the members of Council, nor until such Commissioner shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity at such hearing to be heard, present evidence, or examine any witness appearing in support of such charge.
(Amended 11-6-84)
   F.   Funds. A sufficient sum shall be appropriated by the Council each year to carry out the civil service provisions of the Charter.
(Amended 11-7-73)