(a) Unless otherwise indicated in this chapter, the following definitions apply:
(1) "Abolishment" means the permanent deletion or removal of an encumbered position or positions from the organization or structure of an appointing authority due to a lack of continued need for a position, as a result of a reorganization for the efficient operation of the appointing authority, for reasons of economy, or due to lack of work which is expected to be permanent. A lack of work is permanent if it is expected to last more than one year.
(2) "Active pay status" means the conditions under which an employee is eligible to receive pay and includes, but is not limited to, vacation leave, sick leave and personal leave.
(3) "Agency" means the City of Milford.
(4) "Allocation" means the assigning of a position or job to a classification within a classification plan.
(5) "Appointing authority" means the City Manager for the City of Milford.
(6) "Appointment categories" means, classified service and unclassified service.
(7) "Assessment center" means a variety of testing techniques designed to allow candidates to demonstrate, under standardized conditions, the skills and abilities that are most essential for success in a given job.
(8) "Assistant" means the employee who aids and assists the appointing authority in the discharge or performance of duties which are of a confidential and fiduciary character and which involve the responsibility of his principal.
(9) "Base rate of pay" means the rate of pay established by City ordinances, and the step and range an employee occupies in any pay schedule, but not including any supplements or allowances to such pay.
(10) "Break in service" means an employee has had a separation from service which includes, but is not limited to, a resignation, removal, failure to return from an authorized leave of absence or disability separation. Any authorized leave of absence from which the employee returns shall not constitute a break in service. An employee who separates from service for more than thirty days is deemed to have a break in service. An employee who separates and is later reinstated from the separation shall not be deemed to have a break in service, except that the time the employee has separated shall not be counted toward the calculation of retention points for continuous service. Time spent on vacation, sick leave, other time an employee is on active pay status and disability separation shall not be construed to be a break in service.
(11) "Certification" means the process of providing to an appointing authority the names on an eligible list, or layoff list.
(12) "Certified eligible list" means a list issued to an appointing authority, of individuals available for employment from an eligible list, or layoff list, or to inform those who qualify for certified status under these rules.
(13) "Certified appointment" means an appointment from an eligible list.
(14) "Certified employee" means an employee who has been appointed to a position from a certification eligible list, is certified in their position pursuant to the operation of the sections of this chapter and Ohio R.C. 124.311.
(15) "City" means the City of Milford, Ohio.
(16) "Civil service" means all offices and positions of trust or employment in the service of the City.
(17) "Class" means a group of one or more generally similar positions sufficiently distinct from all other positions in duties, responsibilities and qualifications required to warrant a separate title.
(18) "Classification" means:
(1) Allocation of a position to proper class;
(2) The class title assigned to a position.
(19) "Classification series" means any group of classification titles that have the identical name but different numerical designations, or identical titles except for designated levels of supervision, except for those classification series established by the Director of Administrative Services in accordance with Ohio R.C. 124.14(a).
(20) "Classified service" means the competitive civil service of the City.
(21) "Commission" means the Municipal Civil Service Commission of the City.
(22) "Competitive examination" means an examination given to determine the relative merit and fitness of those seeking appointment to a position and from which an eligible list arranged in the order of merit is established.
(23) "Continuous service" means the uninterrupted service of an employee with the City where no break in service occurs.
(24) "Days" means calendar days unless specified otherwise.
(25) "Demotion" means the act of placing at the request of the appointing authority or the employee, an individual in a position, the classification for which carries a lower salary range than that previously held.
(26) "Department" means a City organizational unit directed and controlled by an appointing authority and charged with a specific public service function.
(27) "Deputy" means an employee authorized by law to act generally for or in place of his principal and holding a fiduciary relationship to such principal.
(28) "Dishonesty" means a disposition to lie, cheat or defraud; untrustworthiness; lack of integrity.
(29) "Displacement" means, for purpose of layoff, the process by which an employee with more retention points exercises his right to take the position of another employee with fewer retention points pursuant to the provision of Sections 157.88 to 157.99. Displacement occurs the date the employee is notified that another employee has exercised his right of displacement and that the employee with fewer retention points is to be displaced.
(30) "Drug abuse" means the improper use of any controlled substance, narcotic or hallucinogen, except as prescribed in treatment by a licensed physician or dentist.
(31) "Drunkenness" means the condition of a person whose mind is affected by the immediate use of intoxicating drinks; the state of one who is "drunk". The effect produced upon the mind or body by drinking intoxicating liquor to such an extent that the normal condition of the subject is changed, and his/her capacity for rational action and conduct is substantially lessened.
(32) "Eligible" means an applicant for appointment to a classification who has passed an examination, met other requirements for the classification, and who is willing to accept employment.
(33) "Eligible list" means a list of names and scores of individuals who have taken and passed an examination for a specific classification.
(34) "Emergency appointment" means an appointment to a position to meet an emergency situation, in the unclassified service, and limited to a maximum of ninety days.
(35) "Employee" means any person holding a position subject to appointment, removal, promotion or reduction by an appointing authority; any person hired to work for the City.
(36) "Examinations" means processes used to determine suitability for an eligible list which may include but is not limited to: assessment center activities, oral exams, written exams, and medical and psychological evaluations.
(37) "Exempt appointment" means an appointment to a position which is not subject to an examination or civil service tenure. Such a position is included in the classification plan unless specifically excluded.
(38) "Immoral" means contrary to good morals; inconsistent with the rules and principles of morality; harmful or adverse to public welfare according to the standards of a given community as expressed in law or otherwise.
(39) "Immoral conduct" means conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinions of the good and respectable members of the community.
(40) "Incompetency" means a lack of ability, legal qualification or fitness to do things required of an employee.
(41) "Inefficiency" means a quality of being incapable or indisposed to do the things required of an employee.
(42) "Insubordination" means a state of being unwilling to perform the duties and responsibilities required of an employee; a refusal to obey an order issued by the employee's administrative superior (supervisor).
(43) "Interim provisional appointment" means an employee hired to fill a vacancy created by the sickness or disability of a regular employee for the period of the sickness or disability.
(44) "Laid off employee" means an employee terminated by the appointing authority from a position as a result of the application of the "order of layoff". "Laid off employee" also means an employee not working as a result of layoff, abolishment or displacement.
(45) "Lack of funds" means an appointing authority has a current projected deficiency of funding required to maintain current, or sustained projected levels of staffing and operation.
(46) "Lack of work" means an appointing authority has a projected decrease in the workload or work requirement which requires or shall require reduction of staffing levels.
(47) "Leave of absence" means the temporary separation from active pay status, authorized by the appointing authority, with employee generally retaining status and seniority rights.
(48) "Malfeasance" means the commission of an act which is positively unlawful.
(49) "Misfeasance" means the improper and unlawful execution of an act which in itself is lawful and proper.
(50) "Neglect" means to omit or fail to give proper attention to one's duty and responsibilities.
(51) "Nonfeasance" means the nonperformance of some act which ought to be performed, omission to perform a required duty at all, or total neglect of duty. "Nonfeasance" means the total omission of an act which a person ought to do.
(52) "Part-time employee" means an employee in the unclassified service whose regular hours of duty are less than the normal established work week for a particular department.
(53) "Pay range" means the divisions of a salary schedule to which classifications and positions are assigned.
(54) "Position" means the group of job duties intended to be performed by an individual as assigned by the appointing authority.
(55) "Position audit" means the evaluation of the current duties and responsibilities assigned to an incumbent position to determine proper classification.
(56) "Probationary period" means the period of time at the beginning of an original appointment or immediately following a promotion, which constitutes a trial or testing period for the employee, and following which the employee may be terminated (in case of original appointment) or reduced (in case of promotion). "Probationary period" applies to certified and provisional appointments, not to unclassified appointments.
(57) "Promotion" means the act of placing an employee in a position, the classification for which carries a higher salary range than that previously held.
(58) "Promotional examination" means an examination open only to persons already employed in a City, in specified classifications or meeting specific qualifications, given for the purpose of determining eligibility for promotion to a higher class.
(59) "Provisional appointment" means an appointment made without competition, in the classified service, in the absence of an appropriate eligible list, and continuing only until appointment from an eligible list can be made or until certification is made pursuant to Section 157.45.
(60) "Reassignment" means the act of changing the classification already assigned to an individual. This may be the result of change in or an addition of classifications to the classification plan, or by action of the Civil Service Commission, in assigning a different classification title as a result of a position audit or position update than that previously held.
(61) "Reclassification" means the act of changing the classification of an existing position. The employee, if left in that position, shall be reassigned to the new classification.
(62) "Reduction" means the change of the classification held by an employee to one having a lower base pay range, a change to a lower step within a salary range or any decrease in compensation for an employee. For purposes of layoff, a "reduced employee" is one serving in a classification lower than the one from which the employee was laid off or displaced.
(63) "Reinstatement" means the act of returning a person to City service, following a period of separation or a leave of absence, retaining seniority and status. For purposes of layoff, reinstatement means the act of selecting from the appointing authority's layoff list individuals to return to active service with the same appointing authority in the same classification series of layoff.
(65) "Resignation" means the voluntary separation from City service by the employee.
(66) "Specification" means a general description of a job classification specifying or giving examples of the kinds of tasks expected to be performed by employees holding positions allocated to that classification, which may include classification title and number, a statement of job functions, a grouping of task statements by job duties (ranked by importance), approximate percentages of total job time required for the performance of each duty, worker characteristics or behaviors required for successful completion of all tasks within each duty and minimum qualifications for competition for employment in the classification.
(67) "Status" means the type of appointment such as provisional, certified or unclassified.
(68) "Supervisor" means an individual who has been authorized by the appointing authority or designee to oversee, manage or direct the work of lower level employees.
(69) "Suspension" means the relieving of an employee from duty with or without pay, usually for a short period of time (that is one to fifteen days) as a disciplinary measure aimed at improving the employee's conduct.
(70) "Table of organization" means a listing, arranged by structural or functional units, of the number of classifications of positions in a department.
(71) "Temporary appointment" means an appointment to a classified position for a limited period of time, fixed by the appointing authority and approved by the Commission either from an eligible list or by the provisional appointment process for a period not to exceed thirty days.
(72) "Transfer" means the movement of an employee from one position to another within the City having the same rate of pay and similar duties to another department within the City.
(73) "Unclassified service" means all offices and positions which are exempt from all examinations and which provide no tenure under the law. Appointment to a position in the unclassified service may be made at the discretion of the appointing authority and the incumbent may be removed, suspended or reduced from the position at the pleasure of the appointing authority.
(74) "Vacancy" means an existing funded position not currently filled by an incumbent, which the appointing authority desires to fill. The existence of vacant positions on an appointing authority's table of organization or roster of positions shall not mean that a position is an available vacancy.
(Ord. 92-1458. Passed 10-6-92.)
Position Audits and Classification Assignment