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(a) Contents of Appeals.
(1) All appeals to the Civil Service Commission shall be written and shall include the following information:
A. The appellant's name and address; and
B. The name of the appointing authority.
(2) Failure to supply the information required by subsection (a)(1) hereof may result in dismissal of the appeal.
(3) Appellants shall notify the Commission in writing, of any change of address during the pendency of the appeal.
(b) Removals, Reductions and Suspensions With No Order. If a reduction, removal or suspension is alleged and no Chapter 24 Order has been filed with the Civil Service Commission, the affected employee shall prove, by a preponderance, that the reduction, removal or suspension has occurred.
(Ord. 92-1458. Passed 10-6-92.)
(a) Job Abolishments.
(1) Job abolishments shall be disaffirmed if the action is taken in bad faith.
(2) Certification of lack of funds or lack of work is not required. Proof of a reason for the abolishment is required.
(3) When a position is abolished, displacement rights, as set forth in Section 157.96
shall be afforded the employee incumbent in the abolished position.
(c) Procedure and Reclassification Appeals.
(1) The parties in appeals of reclassifications are the employee who is incumbent in the position which is to be reclassified and his appointing authority.
(2) The Commission shall conduct a fact-finding hearing to determine the duties which are performed in the affected position.
(3) The Commission shall compare the duties performed by the incumbent position to the appropriate specifications and determine the classification which most appropriately describes the duties performed in the affected position.
(d) Involuntary Disability Separations. Involuntary disability separations may be affirmed only if:
(1) The procedure set forth in the appropriate rules for instituting an involuntary disability separation have been strictly followed; and
(Ord. 92-1458. Passed 10-6-92.)
(a) Rules of Evidence. The rules of evidence prevailing in civil actions in the Ohio courts of civil jurisdiction are adopted for use in hearings before the Board, except as modified by these rules.
(b) Hearsay. The Civil Service Commission may permit the introduction of evidence otherwise excluded as being hearsay. A foundation, establishing both the reliability of the testimony and its necessity, shall be laid before hearsay may be admitted.
(c) Cumulative Testimony. The Commission may limit cumulative testimony.
(d) Prior Discipline.
(1) Evidence of prior discipline is inadmissable to prove the existence of any incident alleged in a Chapter 24 Order.
(2) The Commission may admit evidence of prior discipline if it is offered to prove either:
A. Notice to an employee that particular conduct is unacceptable; or
B. A continuing problem justifying harsher discipline than might otherwise be the case.
(e) Questionnaires.
(1) At any time prior to a hearing the Commission may order evidence taken in the form of questionnaires.
(2) The Commission may require questionnaires to be submitted at a hearing or to be returned by mail.
A. Questionnaires shall be treated as admissions and may be completed with the advice of a party's representative.
B. All questionnaires shall bear the oath or affirmation of the party completing them.
(3) Questionnaires may be used as a sole basis for deciding any appeal brought before the Commission.
(f) Stipulations.
(1) Stipulations shall be accepted by the Commission only when both parties consent to the stipulations.
(2) Stipulations not involving the jurisdiction of the Commission are binding upon both the parties and the Commission.
(3) Stipulations of jurisdiction are binding upon the parties, but not upon the Commission.
(g) Witnesses.
(1) All witnesses at any hearing before the Commission shall testify under oath or affirmation.
(2) The witness may be accompanied and advised by legal counsel. Participation by counsel is limited to protection of his client's rights. Counsel for a non-party witness may neither examine nor cross-examine any witness.
(3) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the Commission may institute contempt proceedings.
(h) Conviction of a Crime.
(1) Conviction of any crime in a court of competent jurisdiction is conclusive evidence of the existence of all the elements of that crime.
(2) A conviction can be established only through certified copies of the original journal entry from the court in which the conviction was obtained.
(3) Evidence of conviction of a crime is inadmissable unless identity is established between the crime and the particulars alleged in the disciplinary order being litigated.
(i) Best Evidence. A duplicate may be admitted to prove the content of a document, recording or photograph unless:
(1) A genuine question is raised as to the authenticity of the original; or
(2) In the circumstances it would be unfair to admit the duplicate in lieu of the original.
(j) Notice. At any time prior to the issuance of a final order, the Commission may take notice of the contents of any of its own records, the records of the City Finance Director's Office or of the appointing authority, including the contents of any personnel file maintained by the Commission, where it is lawfully empowered to do so.
(Ord. 92-1458. Passed 10-6-92.)
(a) Denomination of Parties. The party filing an appeal is denominated "appellant". All other parties are denominated "appellee".
(b) Scheduling of Hearings. The Civil Service Commission shall, within ten calendar days of receipt of an appeal, notify the appointing authority and the appellant that such appeal has been received, and shall forthwith hear, or appoint a trial board, referee or examiner to hear such appeal within thirty days from and after its filing with the Commission.
(c) Notice of Hearings. Notice specifying the date and time set for an initial hearing shall be mailed to the parties by ordinary U.S. mail at least ten calendar days in advance of the hearing.
(d) Continuances.
(1) Upon its own motion or the motion of any party, the Commission may continue a hearing.
A. Request for continuance shall be addressed to the Commission.
B. Request for continuance should be made, in writing, at least five calendar days prior to the scheduled hearing date.
C. Each party shall contact all of the witnesses he has subpoenaed and inform them of any continuance.
(2) Any appeal, based upon incidents which result in a criminal prosecution, shall be continued on motion of the affected employee until a verdict is rendered. Similar continuances shall be granted an appointing authority only if the affected employee consents in writing.
(3) Absent compelling circumstances, a hearing shall not be continued due to the unavailability of a subpoenaed witness. The Commission may hold the record open or accept a testimonial deposition in lieu of oral testimony. The cost of testimonial depositions taken under this section shall be borne by the party calling them.
(e) Consolidations. If two or more appeals involve substantially identical issues and parties, the Commission may consolidate them into a single hearing in the interests of economy.
(f) Appearances.
(1) A party may represent himself or may be represented at any hearing before the Commission by any representative who is authorized to appear on his behalf.
(2) Provided a party has not been subpoenaed and has authorized his representative to represent him in all facets at a hearing before the Commission, that party is not required to personally appear at any hearing.
(3) Representatives shall enter their appearances in writing. One who has entered an appearance as a representative of a party is that party's representative of record unless and until a written withdrawal is filed with the Commission.
(g) Substitution of Parties.
(1) If an appellant dies during the pendency of an appeal, the executor or administrator of his estate shall, upon motion, be substituted for him. An appeal shall be held open for a reasonable time to permit substitution of an executor or an administrator.
(2) If the appointing authority changes during the pendency of an appeal, the new appointing authority is automatically substituted and no formal motion or order is required.
(h) Motions.
(1) All motions shall state, with particularity, both relief sought by the moving party and the basis for granting such relief.
A. All motions together with supporting documentation, if any, shall be served on the opposing party.
B. Motions to dismiss an appeal shall be supported by affidavits, made on personal knowledge, setting forth facts as would be admissible in evidence. Affidavits shall show affirmatively that the affiant is competent to testify to the matter stated therein. Sworn or certified copies of all papers referred to in an affidavit shall be attached thereto. When a motion is made and supported as provided in this section, an adverse party may not rest upon mere allegations or denials. An adverse party's response, by affidavit or otherwise, shall set forth specific facts showing there is a genuine issue in dispute.
(2) Procedural motions, not determinative of the final outcome of the appeal, may be acted upon any time after receipt by the Commission without awaiting a response from the opposing party. The party adversely affected by such action of the Commission may move for appropriate relief.
(3) Within ten calendar days of service of a nonprocedural motion, a party shall serve a written response on the opposing party and file a copy of that response with the Commission. The Commission may rule on any nonprocedural motion once the time to respond has run. Upon motion of the affected party, the Commission may extend the time to reply to a nonprocedural motion.
(4) The Commission may rule on any nonprocedural motion at a record hearing, even if ten calendar days have not elapsed since service. Provided the time for response to a nonprocedural motion has not run, an oral response is acceptable at a record hearing.
(i) Briefs.
(1) At any time prior to the issuance of a final order and appeal, the Commission may require briefs from the parties. Briefs shall address questions put to the parties by the Commission and shall be filed with time limits set by it.
A. The Commission may limit both the number of reply briefs and the time for their preparation and filing.
B. If a party fails to submit a brief within the time limit, the Commission may exclude his brief from its consideration of an appeal.
(2) Upon motion, the Commission may hold the record open for receipt of briefs.
(j) Filing.
(1) A document is filed when it is received and time stamped in the office of the Commission or by an individual designated by the Commission to accept such filings.
(2) Either an original or a legible copy of any document required to be served by this chapter shall be filed with the Commission not more than three calendar days after service.
(k) Service.
(1) Any document required by this chapter to be served upon a party may be served either personally or by mail. Where a party is represented by a representative who has entered an appearance, service shall be made upon that representative. Service is complete on the date mailing or personal transmission of the document occurs.
(2) All motions and briefs shall contain the name, address and telephone number of the person submitting the motion or brief.
(3) A motion shall be considered by the Commission only if a certificate of service appears on it. Any statement, signed by either the moving party or his representative, is an acceptable certificate of service so long as it contains all of the following information:
A. Date of service;
B. Method by which service was made;
C. Address where service was made; and
D. Name of the person or authority who was served.
(l) Communications to Representatives of Parties. Communications from the Commission shall be sent to only one representative of a party. If more than one person enters an appearance as a party's representative, communications shall be sent as follows:
(1) If one of the representatives entering an appearance has been designated, in writing, to receive communications from the Commission, all communications shall be sent to him.
(2) If no representative has been designated to receive communications from the Commission, all communications shall be sent to the representative who last entered an appearance.
(3) If it is impossible to determine who last entered an appearance, all communications from the Commission shall be sent to the representative whose name is first in alphabetical order.
(m) Computation and Extension of Time.
(1) The date of occurrence of the event causing time to run is not counted in the computation of any time limit under this chapter. The last day of the period is included in the computation of the time limit. If the last day of the period is not a regular business day, the time period runs through to the end of the next regularly scheduled business day.
(2) The Commission may extend the time for filing or responding to motions and briefs.
A. Requests for extension of time shall be made, in writing, prior to the expiration of any time limit.
B. Requests for extension of time shall be directed to the person having responsibility for handling the appeal.
1. Request for extension of time in appeals assigned to a referee, examiner or trial board, shall be directed to the appropriate body responsible for the appeal.
2. Request for extension of time in appeals assigned to the Commission shall be directed to the Commission.
(n) Procedural Orders.
(1) Procedural orders, affecting only the procedure in an appeal, may be issued by the Commission at any time prior to the issuance of a final order.
(2) If a party fails to comply with the procedural order, the Commission may dismiss the appeal or grant appropriate relief to the opposing party.
(o) Procedure and Record Hearings.
(1) The Commission may determine the order in which any hearing shall proceed.
(2) Either party may call the opposing party as if on cross examination.
(3) The Commission may require or limit opening statements, closing arguments and rebuttal evidence.
(p) Record of Hearings.
(1) All record hearings shall be recorded on magnetic tape unless the Commission orders a stenographic record. Pre-hearings may be recorded.
(2) Magnetic tape recordings may be erased after:
A. A final Commission order has been issued; and
B. Sixty calendar days have passed from the mailing of notice of the final order of the Commission of review to the parties entitled to receive such notice.
(q) Copies of Magnetic Tape Recordings.
(1) The Commission shall provide copies of the magnetic tape record of any hearing on written request accompanied by payment for the duplicate tapes.
(2) Charges for duplicate tapes shall be set by resolution of the Commission and shall include both the expense for duplicating the tapes and a reasonable handling charge.
(r) Transcripts. The Commission shall transmit a written transcript of all hearings upon notice of appeal to the Court of Common Pleas.
(s) Subpoenas.
(1) Upon request of either party, the Commission shall issue subpoenas for such persons and documents as the requesting party deems necessary to prove its case.
(2) Subpoenas shall be issued either of two ways on request:
A. The Commission shall supply subpoenas to the parties who are responsible for completing and serving subpoenas.
1. Subpoenas may be served personally or by certified mail, return receipt requested.
2. The party serving the subpoena shall file a copy of the subpoena, properly endorsed as to service, at or prior to the hearing from which the subpoena was issued.
(3) Witnesses shall receive their subpoenas at least three calendar days prior to the hearing at which they are to appear.
(4) The Commission shall mail subpoenas by ordinary United States mail as directed by the party requesting the subpoena.
A. Hearings shall not be continued due to the absence of a witness subpoenaed under subsection (s)(2)A.1. hereof.
B. The Commission shall not mail subpoenas less than seven calendar days in advance of a hearing. If subpoenas cannot be mailed more than seven calendar days in advance of the hearing, the Commission shall, on request, hold the subpoena so it can be given to the witness at the hearing.
(5) Absent proof a witness has received his subpoena in a timely manner, the Commission shall neither act to enforce its subpoena nor hold the record open for the testimony of that witness should the witness fail to appear.
(6) The Commission shall not review subpoena requests prior to issuing subpoenas. Upon motion and for good cause, the Commission may quash any subpoena. Motions to quash shall be raised, in writing, prior to the hearing. Unless a motion to quash has been granted, a witness shall attend the hearing to which he was subpoenaed.
(7) In general, witnesses may not be subpoenaed to pre-hearings.
(t) Failure to Appear.
(1) If neither the appellant nor his authorized representative appears at any hearing, the Commission may dismiss the appeal.
(2) If neither the appellee nor his authorized representative appears at any hearing, the Commission may grant appropriate relief.
(3) If neither party appears at a hearing, the Commission may, based upon the information available to it, resolve the appeal in the manner it deems appropriate.
(u) Settlements and Withdrawals.
(1) An appellant may withdraw his appeal any time prior to the issuance of a final order of the Commission. All withdrawals shall be written and shall be signed by either the appellant or his representative.
(2) An appeal may be settled by the parties thereto any time prior to the issuance of a final order of the Commission. The Commission may accept signed settlement agreements and incorporate them into its final order. All settlement agreements shall be written and shall be signed by all the affected parties or their representatives.
(Ord. 92-1458. Passed 10-6-92.)
(a) Discovery.
(1) On written request of the opposing party, the party shall supply a list of both witnesses and documents he intends to introduce at a hearing within seven calendar days of the receipt of the request.
(2) Within seven calendar days of receipt of a written request, the party shall permit the opposing party to review and copy, at his own expense, any documents intended to be introduced at a hearing.
(3) If a party fails, without good cause, to comply with subsections (a)(1) and (2) hereof, such testimony or documents shall, upon motion of the adversely affected party, be excluded from the hearing before the Civil Service Commission.
A. The Commission shall determine whether the party has complied with this rule.
B. Failure to serve requests for lists or the examination of documents at least ten calendar days before the first scheduled record hearing waives all right to exclude such evidence under this rule.
(4) The Commission may continue hearings to permit discovery under this rule.
(b) Depositions.
(1) The Commission may order depositions upon motion of any party.
A. Motions to take depositions shall be filed, in writing, with the Commission at least ten calendar days prior to a record hearing. The Commission may continue hearings to take depositions.
B. The cost of such depositions shall be borne by the party requesting the deposition.
(2) The Commission may, on its motion, order depositions taken at a time and place of its choosing. Such depositions may be recorded electronically and may be used in a resolution of an appeal.
(c) Work Product. A representative's work product is not discoverable.
(d) Pre-hearings.
(1) At any time prior to a record hearing, the Commission may, on its own motion or upon motion of any party, direct the parties or their representatives to participate in a pre-hearing.
(2) Pre-hearings may be held for the following purposes:
A. Simplification or clarification of issues;
B. Obtaining stipulations and admissions;
C. Agreements limiting the number of witnesses;
D. Disclosure of evidence expected to be introduced at a record hearing;
E. Exchange of documents and witness lists; and
F. Discussion of any other matters tending to expedite the proceedings.
(3) Final Commission orders, procedural orders and reports and recommendations may be issued based upon information obtained at a pre- hearing.
(Ord. 92-1458. Passed 10-6-92.)
(a) Reports and Recommendations. Trial boards, referees or examiners, shall submit a report and recommendation to the Civil Service Commission on each appeal considered by them.
(b) Objections to Reports and Recommendations.
(1) No objection may be made to any decision of a referee, examiner or trial board prior to submission of their report and recommendation.
(2) Objections to reports and recommendations shall be filed, in writing, within ten calendar days after receipt of the report and recommendation.
A. If a report and recommendation is refused, unclaimed or sent to the wrong address due to a party's failure to notify the Commission, in writing, of a change of address, it is deemed received by the party three calendar days after mailing.
B. The author of the report and recommendation may extend the time to file objections to his report and recommendation.
C. Objections to reports and recommendations should include both a brief statement of the case and a concise statement of each area of disagreement together with supporting argument and memoranda.
D. No objection may be considered without a certificate of service on the opposing party.
(3) No party may submit rebuttals to objections to a report and recommendation.
(c) Commission Action on Reports and Recommendations.
(1) The Commission may accept or reject, in whole or in part, any report and recommendation.
(2) The Commission may take additional evidence or remand an appeal to a trial board, referee or examiner, for further consideration or hearing.
(d) Final Orders of the Commission.
(1) A final order shall be signed by the Chairman of the Commission. The original shall be journalized and a copy of the order placed in the case file.
(2) Copies of final orders of the Commission shall be sent by certified United States mail to an affected employee, and by regular United States mail to the other parties and their representatives.
(e) Motions for Reconsideration. Any party may move for reconsideration on a final order of the Commission. Motions for reconsideration shall be filed within ten calendar days of mailing of the final order of the Commission.
(f) Certification of the Record to Court. The Commission shall certify only one copy of the record to the Court of Common Pleas in any appeal. If notice of appeal is filed in more than one court, the record shall be certified to the court in which the appeal was first filed in the Court of Common Pleas.
(Ord. 92-1458. Passed 10-6-92.)
Classification
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