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(a) Within ninety days after taking office, each elective officer and each principal appointive officer, board, commission or body having the power of appointment to, or removal from, positions in the City service shall designate up to two position(s) for which exemption from the competitive classified service is claimed under the provisions of Ohio R.C. 124.11(A)(8). If at the expiration of ninety days after taking office, exemptions have not been designated by the appointing authority, board or commission as herein provided, the exemptions theretofore designated and in effect under this provision of law shall be considered the exemptions claimed by such appointing authority and shall be continued in effect.
The section of exempted positions may be reconsidered by an appointing authority if a reorganization of his agency occurs during his term of office as a result of legislative action.
(b) Within ninety days after the adoption of subsection (a) hereof, each elective officer and each principal appointive officer, board or commission may designate or redesignate such personal exemptions under this rule.
(c) The Civil Service Commission shall maintain a journal of exempt positions which shall specify all positions designated exempt pursuant to this section.
(Ord. 92-1458. Passed 10-6-92.)
Notices from appointing authorities of the appointment of deputies and assistants exempt from the classified service under the provisions of Ohio R.C. 124.11(A)(9) shall be accompanied by a statement of the duties to be assigned to such appointees showing that they are authorized to act for and in the place of their principals, or the duties which demonstrate their fiduciary relationship with such principal.
(Ord. 92-1458. Passed 10-6-92.)
Notice of all original appointments to positions in the classified service specifically designated as exempt from competitive examination in Ohio R.C. 124.11(A)(1) through (23), shall be given to the Civil Service Commission for verification and certification to the proper disbursing officer.
(Ord. 92-1458. Passed 10-6-92.)
The unskilled labor class which is referred to in Ohio R.C. 124.11(B)(2), shall include any classifications for which there are minimal or no experience or education requirements and which are designated by the Civil Service Commission and filed in the Commission's journal. Registration for these classes may be conducted by the Commission or by special examiner or boards of examiners established in accordance with Section 157.04. Registration shall be as in accordance with Ohio R.C. 124.11(B)(2).
(Ord. 92-1458. Passed 10-6-92.)
(a) Whenever a position is for any reason changed from the classified to the unclassified service, if the position was previously classified, and if as a result of such change an incumbent employee is displaced, such employee shall be treated as if his position were abolished, and the layoff rules and regulations shall be followed as directed in Sections 157.88 to 157.99.
(b) Employees may be allowed to remain in an unclassified position even though they continue to be a classified employee, at the discretion of the appointing authority.
(Ord. 92-1458. Passed 10-6-92.)
The unclassified service shall also include the following positions:
(a) All elected officials;
(b) All department heads appointed by the City Manager, including the Chief of Police;
(c) Employees of Council engaged in legislative duties;
(d) All officers appointed under the City Charter, including the Manager, Clerk of Council, Director of Finance and Law Director;
(e) All officers and members of boards or commissions whose appointment is subject to concurrence by Council or who are appointed by Council; and
(f) All City employees whose service is other than permanent full-time.
(Ord. 92-1458. Passed 10-6-92.)
Commission Hearing Procedures and Requirements
(a) Chapter 24 Orders may be affirmed only if the following four criteria are satisfied:
(1) Copies of the order filed with the Civil Service Commission and furnished to the affected employee shall each bear the original signature of the appointing authority.
(2) A copy of the order shall be filed with the Commission no more than ten calendar days after a copy of the order is furnished to the affected employee;
(3) A copy of the order shall be furnished to the affected employee prior to or on the effective date of the order; and
(4) The order shall show, on its face, a list of particulars which establishes a basis for the order.
(b) If an appointing authority fails to comply with any of the requirements of subsection (a) hereof in an action governed by Sections 157.101 to 157.104, that action shall be disaffirmed on timely appeal. Disaffirmance of an order under this rule shall not be a bar to refiling a Chapter 24 Order, based upon the same incidents, which complies with this section.
(Ord. 92-1458. Passed 10-6-92.)
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