TABLE OF CONTENTS
RULE 1 - Application of rules.
RULE 2 - Definition of terms.
RULE 3 - Organization and administration of the Commission.
RULE 4 - Duties of the Commission.
RULE 5 - Duties of Examiners.
RULE 6 - Classification of service.
RULE 7 - Application for employment.
RULE 8 - Notice of exams.
RULE 9 - Conduct of examination.
RULE 10 - Promotional examinations.
RULE 11 - Eligible lists.
RULE 12 - Appointments in the classified service.
RULE 13 - Probationary period.
RULE 14 - Temporary appointment.
RULE 16 - Additional requirements for the Fire Division.
RULE 17 - Additional requirements for Building and Park Maintenance Division.
RULE 18 - Additional requirements for the Street Division.
RULE 19 - Appeals.
RULE 20 - Reports.
RULE 21 - Papers, property of the Commission.
EDITOR’S NOTE: The Rules and Regulations contained in Chapter 149 were adopted by Ordinance 1574-05, passed March 24, 2005. Subsequent amendments to Ordinance 1574-05 will be indicated by legislative histories placed at the end of the affected sections.
The following rules and regulations of the Merit System Commission of the City of Moraine are hereby adopted pursuant to the authority conferred upon said Commission by Article VII, Section 7.3 of the Charter of the City of Moraine, Ohio, and in accordance with the Constitution of the State of Ohio. The Merit System Commission rules will also comply with applicable provisions in the Ohio Revised Code and Ohio Administrative Code. Where the MSC rules and regulations are silent, Ohio civil service laws will govern. The general law applying to civil service remains in full force and effect for classified employees.
Section 1: All previous rules for the classified service of the City of Moraine, and for employment and promotion therein, are hereby voided; provided, however, that nothing herein contained shall affect any examination held, or any grading had thereunder, or any eligible list theretofore formed, and every eligible list duly formed under previous regulations shall in all respects be deemed to be formed under these rules, and to be an eligible list for the position specified.
Section 2: These rules may be amended, repealed, supplemented, or new rules adopted by a majority vote of the Commission; provided, however, that no new rules, amendment, repeal, or supplement to an existing rule may be adopted at the meeting at which it was originally proposed and shall not be considered for final adoption except at a duly noticed meeting held at least seven (7) days after the original proposal.
Section 3: The present title, seniority and service rights of any employee occupying a position in the classified service to which he/she was appointed prior to the adoption of these rules, shall not be affected by the adoption of these rules.
Section 1: The terms as used in these rules and regulations have the meaning normally associated with terminology used in the civil service provisions of the Revised Code as supplemented by the City Charter of the City of Moraine and various sections of these rules.
Section 2: Where using these rules and regulations, the following terms shall mean:
(a) Appointing Authority: The City Manager shall appoint and/or remove all officers and employees of the City in the classified service except those within the Departments of Finance and Law as provided in the Charter of the City of Moraine. The officers and employees in these departments shall be appointed or removed by the respective director.
(b) Classified Service: Those positions which are filled by competitive examination, and which are under the jurisdiction of the Merit System Commission.
(c) Commission: Commission refers to the Merit System Commission of the City of Moraine.
(d) Demotion: The act of placing an employee, at the request of the appointing authority or such employee, in a vacant or new position, the classification for which is assigned a lesser salary than the classification previously held.
(e) Eligible List: The names of persons eligible for appointment to classified service. (Less than three eligible constitutes an incomplete list for an open competitive examination.)
(f) Layoff: Defined in Section 124.321, Ohio Revised Code.
(g) Merit System: The civil service provisions of the City of Moraine in accordance with the City Charter and the Ohio Revised Code, Chapter 124.
(h) Open Competitive Examination: An examination open to anyone, whether already employed in the City service or not, who meets the minimum qualifications established for a given classification or position.
(i) Position: Any specific employment or job calling for the performance of certain duties, and for the exercise of certain duties, and for the exercise of certain responsibilities by an individual.
(j) Probationary Period: 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 during which he/she may be terminated (in the case of original appointment) or reduced (in the case of promotion.)
(k) Promotion: Placing an employee in a new or vacant position with new and increased responsibilities and a higher pay range.
(l) Promotional Examination: An examination open only to persons already employed in the City service in specified classes or meeting specified qualifications, given for the purpose of determining eligibility for promotion to a higher position.
(m) Reduction: A change in the classification held by an employee to one having a lower base pay or a lower number in a classified series, or any decrease in compensation for an employee.
(n) Removal: Dismissal from duty for the following reasons: incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, misfeasance, malfeasance, nonfeasance.
(o) Suspension: Temporary loss of employment (without pay) as a disciplinary measure. Appealable by the employee if in excess of three (3) working days.
(p) Temporary Appointment: Appointment for a limited period of time, fixed by the appointing authority and approved by the Commission, for a period not to exceed six (6) months.
COMMISSION
Section 1: The Merit System Commission shall consist of five (5) members who are electors of the City of Moraine. Members shall be appointed for a term of two (2) years and until their successors have been appointed and qualified. Appointment terms will be staggered. The regular term of any member shall begin on the first of January of each year.
Section 2: At the first regular meeting held each year, the Commission shall elect one of their members as Chairperson for the ensuing year. It shall be the duty of the Chairperson to call such meetings as are necessary to transact the business and affairs of the Commission, to preside at all meetings of the Commission, to sign the minutes and formal actions taken by the Commission.
The Commission shall also elect a Vice-Chairperson who will act in the place of the Chairperson upon his/her absence.
Section 3: The Commission shall appoint a Secretary. The Secretary shall, under the supervision of the Commission, keep the minutes of all meetings and record all official actions of the commission in a book kept for that purpose; prepare and deliver notices and communications to the Commission, prepare and provide the appointing authority with eligible lists; maintain the records and files of the Commission; handle such correspondence as the Commission shall determine; and shall perform such other duties as may be required by the Commission.
Section 4: Three (3) members of the Commission shall constitute a quorum at a Commission meeting and it shall require the affirmative vote of a majority of the members present to adopt any motion or resolution.
Section 1: It shall be the duty of the Commission to determine the merit and fitness of candidates for positions within the classified civil service of the City of Moraine; supervise all examinations held under these rules; and certify the candidates who meet the qualifications for applicable positions.
Section 2: The Commission shall have the power to appoint such examiners, consultants, clerks, secretaries or stenographers as they deem necessary, and for which funds are provided by City Council.
Section 3: The Commission shall keep minutes of its meetings and maintain necessary records and files to carry out its responsibilities. The Commission shall make an annual report to the City Council, due in January of the following year, detailing it activities during the previous year.
Section 4: The Commission shall hear the appeal of employees who have completed the required probationary period in the classified service from the action of the Manager or other officer relative to reductions in pay or position, job abolishment, layoffs, suspensions in excess of three (3) working days, removals, and assignment or reassignment to a new classification, except that members of bargaining units must appeal under the terms established by their respective contracts. The Commission may affirm, disaffirm, or modify the decision of the Manager or other officer. The decision of the Commission shall be final.
Section 5: The Commission shall have other powers, duties and functions that are conferred upon it by the general law applying to civil service.
Section 1: It shall be the duty of any examiner selected by and under the supervision of the Commission to prepare or provide the examinations for appointments or promotions in the classified service of the City, supervise the administering and evaluation of such examinations and perform such other duties as the Commission may designate or as may be necessary. The Commission shall approve an examination’s format prior to the examination being given.
Section 1: In accordance with the provisions of Article VII of the Charter of the City of Moraine, the Merit System Commission has jurisdiction over those positions that are in the classified merit service.
Section 2: The Classified Service shall include only the following full-time employees of the municipality:
(a) Members, including officers, of the following departments and divisions:
i. Division of Streets
ii. Division of Park and Building Maintenance
iii. Department of Public Safety
(b) Specifically excluded from the classified service are the following positions within the above departments and divisions:
i. Chiefs and Deputy Chiefs
ii. Directors and Assistant Directors
iii. Clerks, Secretaries and Receptionists
iv. Unsworn Community Services Officer
v. Superintendents and their assistants.
Section 3: The unclassified service shall include:
(a) All officers elected by the people
(b) All part-time and seasonal personnel
(c) All positions not specifically included by the Charter in the classified service
Section 1: Applicants for positions in the classified merit service shall be submitted by the applicant upon blank forms prescribed and furnished by the Commission, and at times specified by the Commission.
Section 2: Applications shall be required to provide all requested information in a complete and truthful nature.
Section 3: Applications, applicant qualifications, testing procedures, eligibility tests, and other procedures under these rules shall be received and/or established without regard to race, color, religion, national origin, sex, ancestry, political affiliation, or disability by the Commission or its examiners. Applicants may be asked to provide information for the sole purpose of maintaining equal employment opportunity statistics, but requests for this information will not identify the specific individual. Failure by an applicant to provide such data will not affect his/her status for the position.
Section 4: The Commission may refuse to examine, qualify, or certify as eligible after examination any applicant who:
a) Does not possess the knowledge, skills, or abilities necessary to effectively perform the essential duties of the vacant position; with or without reasonable accommodation;
b) Has made a false statement of material fact on the application form or other documents or materials submitted in connection with the application and selection process, or in the course of any interview or other portion of the selection process;
c) Has committed or attempted to commit a fraudulent act at any stage of the selection process;
d) Is an individual who is not a U.S. citizen and is not legally permitted to work in the United States; or
e) Failed to comply with an order for payment of child support in the State of Ohio or another state.
f) Is addicted to the habitual use of intoxicating liquors or drugs
g) Has been dishonorably discharged from any military service obligation
h) Has been convicted of a felony or involved in serious misconduct
Section 5: Applications must be filed with the Commission during office hours and at its official business address in accordance with the legal notice for examination and shall be considered completed at the time of filing.
Section 6: Any person who resigns under charges, or who has been dismissed for just cause, shall not, without special vote of the Commission, be reappointed, or readmitted to examinations for any position in the City’s classified merit service for two (2) years from the date of such dismissal or resignation.
Section 1: Notice of competitive examinations to be held shall be advertised in at least one (1) newspaper of general circulation in the City of Moraine on two (2) occasions, at least three (3) weeks prior to such examinations by the posting of appropriate bulletins at the municipal building, in the headquarters of the department offering the promotion, and at other locations as determined by the Commission.
Section 2: Notice of promotional examinations to be held shall be announced at least two (2) weeks prior to such examinations by the posting of appropriate bulletins at the municipal building, in the headquarters of the department or division offering the promotion, and at other locations as determined by the Commission.
Section 1: Examinations shall be conducted under the supervision and direction of the Commission, or its contracted agents. Applicants who desire to participate in a written examination under this Rule shall pay a fee, established by the Merit System Commission, and payable with the submission of the application packet. Said fee shall be payable to the City of Moraine. Applicants for appointment to the Fire Division may also be required to pay other fees associated with the conducting of a CPAT (Candidate Physical Ability Test) as part of their evaluation. The actual conduct of the examinations shall be free from interference, participating, or influence of the appointing authority, or of any other person. At least one member of the Commission is preferred to be present and/or its appointed secretary shall be present when an exam is administered.
Section 2: Examinations shall be designated to test the fitness and qualifications of applicants to discharge the duties of the position being filled. Examinations may include an evaluation of such factors as listed in Section 124.23 of the Ohio Revised Code. No questions in any examination shall relate to the race, color, religion, sex, national origin, ancestry, political affiliation or convictions.
Section 3: The content of each examination shall be based upon the duties, knowledge, skills and abilities of the position as noted in the position description.
Section 4: The schedule of subjects and weights shall be fixed by the examiners or experts hired for such purpose, subject to the approval of the Commission. In conjunction with such scheduling, minimum-passing score shall likewise be determined and approved.
Section 5: Each component of an examination shall be assigned a predetermined percentage ranking by the examiner or expert hired for such purpose, subject to the approval of the Commission.
Section 6: In original appointment examinations, an applicant with previous service in the Armed Forces as defined in Section 124.23 of the Ohio Revised Code, who has been honorably discharged or transferred to the reserves with proof of satisfactory service, shall upon presenting such certificate of honorable discharge or confirmation of transfer, be given credit for 20% of his/her total grade. Credit for military service will only be given if the applicant attains a passing grade on the examination.
Section 7: Before proceeding to answer the questions in an examination, each applicant shall fill out and sign an identification sheet, giving his or her name and address and such other information as may be required, and to seal the same in an official envelope bearing an identification number. All examination papers turned in by a candidate shall bear the same number at the top as appears on the envelope containing the identification sheet. Any examination paper bearing the name of an applicant or any other identification mark other than the number indicated above shall be rejected and the candidate so notified.
At the close of the examination, the envelopes shall be placed in a sealed package. The package shall not be opened until the examiner has provided a list of scores identified only by the identification numbers. In the presence of a member of the Commission, the package will be opened upon receipt of the list of scores. The Commission member and the appointed secretary will then match names and identification numbers for the purpose of establishing an eligible list.
Section 8: Where the Commission has determined that fitness and qualifications of applicants are best evaluated with a combination of a written test and a physical agility test or assessment center, the Commission may either:
(a) Make passage of the written test a prerequisite to taking the physical agility test or assessment center, modifying this Rule 10, Section 6, to facilitate grading and notification of pass/fail prior to administration of the physical agility test or assessment center.
(b) Conditionally certifying as eligible those applicants who pass the written test, subject to verification of qualifications, with appointments further subject to passage of the physical agility test which may be included in any post-offer, pre-placement physical examinations.
Section 9: After completion of an examination and the establishing of an eligible list, each candidate will be advised by mail by the Secretary of the Commission of the results of his or her examination, and if applicable, his or her relative standing on the eligible list.
Section 1: Vacancies in positions above the lowest grades in the classified service, that are not filled by transfer, reinstatement, or reduction, shall be filled as far as practicable by competitive promotional examinations.
Section 2: No employee shall be eligible for promotion while they are serving a probationary period for another position.
Section 3: The probationary period for a promotion shall in all cases be twelve (12) months.
Section 4: Examinations for promotions shall be conducted under the control and direction of the Commission by such examiners as the Commission may designate. Such examination shall be conducted as set forth in Rules 8 and 9, and eligible lists for exams shall be established as set forth in Rule 11 with the following additions and/or exceptions. When the general rules regarding examinations and the sections of this rule conflict, the sections of this rule shall govern in the case of promotional examinations.
Section 5: Notice of promotional examination shall be by bulletins at least two (2) weeks prior to such examinations at the municipal building, and the department in which the promotion is being made, and in other locations as determined by the Commission, and shall indicate the required grade, rank, and qualifications for eligibility thereto. Applicants for promotional examinations shall make application to the Commission at least two (2) business days before the date for the examination.
Section 6: In any promotional examination, the applicant shall be examined by any combination of written, oral, physical, or skills demonstration testing as the Commission deems necessary to determine knowledge of the duties, responsibilities and requirements of the position to be filled, and his or her fitness and qualifications to discharge such duties and meet such requirements.
Section 7: When only one (1) person is eligible for promotion to fill a vacancy, and where consistent with these rules, he or she may be nominated to the Commission by the appointing authority and by a statement of facts may be promoted to the next higher grade after passing a non-competitive examination similar in scope, subject, and conditions as would have been prescribed in case of competition. In addition, if a current employee declines to participate in a closed, non-competitive or closed competitive examination, that employee is not eligible to take the open competitive examination that may be given.
(a) In the event that no person qualifies for promotion, or in the event that one or more persons initially qualify for promotion but do not pass the promotional examinations noted in this section, then an open competitive examination will be administered.
(b) If a current City employee does not pass a competitive or non-competitive promotional examination given for a vacant position, the employee is not eligible to take the open competitive examination that may be given to the public or to employees in the next lower rank for that vacant position.
Section 8: Applicants for promotional examinations may within ten (10) calendar days of the conclusion of the examination, file protests of any examination question or physical or skills demonstration test only on the grounds that a question or test does not fairly measure the duties, knowledge, skills and abilities of the position and the applicant’s fitness and qualifications to discharge such duties and meet such requirements. Protests shall be filed on forms provided by the Commission. The Commission may take such action as it deems appropriate in regard to a protest. The decision of the Commission as to a protest shall be final and not subject to appeal.
Section 1: Eligible lists shall be prepared under the supervision of the Commission, as the needs of the service may require, for each position in the classified service from the candidates who have attained at least the minimum passing score on the competitive examination, and in the order of merit and fitness as determined by a numerical ranking of such scores.
Section 2: In the event two (2) or more applicants receive identical scores on open- competitive examinations, priority shall be afforded to that person whose application was filed first. Seniority in the service shall determine the relative rankings on promotional examinations when identical scores exist.
Section 3: The term of an eligibility list of original and promotional appointment in the classified service shall be fixed at one year from the date of adoption; provided, however, that upon the recommendation of the appointing authority, the Merit System Commission may extend the term of an eligibility list for an additional one (1) year period, not to exceed a total of two (2) years from the date of certification of an eligible list. Eligible lists may be cancelled prior to the expiration date of the list if fewer than ten (10) eligible candidates remain on the list.
Section 4: A person whose name has been released from a certified eligible list more than four (4) times to the same appointing authority for the same or similar positions may be removed the eligible list, provided that release for a temporary appointment shall not be counted as one such release.
Section 5: If fewer than ten (10) names remain on an eligible list and at the request of the appointing authority, the Commission may declare the list null and void. The Commission may then arrange for a new examination.
Section 1: Every vacancy in the classified merit service not filled by reinstatement or reduction shall be filled by appointment from an eligible list established for the position, or as provided elsewhere within these rules.
Section 2: Original appointments. Whenever the City Manager requests an eligible list from the Commission for an original appointment to a position in the classified service, he/she shall specify the title, duties, and compensation for such position.
Section 3: The Commission shall, as soon as practical, release to the City Manager the names, addresses and grades of the ten (10) candidates standing highest on the eligible appointment list. The Commission can certify less than ten (10) names if ten names are not available. If fewer than ten (10) names are certified to the City Manager, appointment is not mandatory.
If more than one vacancy is to be filled, the Commission will release names to the City Manager as follows:
(a) For 2 to 4 vacancies, fifteen (15) names will be released.
(b) For 5 to 8 vacancies, twenty (20) names will be released.
(c) For 9 to 12 vacancies, twenty-five (25) names will be released.
(d) For 13 to 16 vacancies, thirty (30) names will be released.
The City Manager will fill the position by selecting one of the ten persons on the eligible list released by the Commission within thirty (30) days. The City Manager will follow the “rule of ten,” meaning that when a group of ten (10) available applicants is considered, one from the group must be appointed. Starting at the top of the list, every person who is available but not permanently appointed must be considered four (4) times in a group of ten before the person’s name can be dropped from further consideration by the City Manager.
If additional names are included on the certification eligible list, the City Manager can consider additional persons, only if one or more persons in the original certification is unavailable or fails to reply to notice of certification.
Section 4: If an eligible person certified for appointment fails to accept an offer of appointment within four (4) business days of receipt of the notice of appointment, then such eligible person shall be deemed to have declined the appointment for that position, and the name of such applicant shall be moved to the bottom of the eligible list. All such offers of appointment shall be conditioned upon successful completion of any medical examination necessary to determine if the applicant is physically able to perform the essential functions of the job as well as criminal background and reference checks. If, however, it shall be shown to the satisfaction of the commission, within thirty (30) days after giving such notice that the person was unavailable and, without fault on his or her part, prevented from accepting an appointment, then the name shall be restored to its original position on the eligible list.
Section 5: When the City Manager makes a temporary appointment, a competitive examination will be held within 120 days. The temporary appointee will be eligible to take the examination. A temporary employee acquires unclassified status until the competitive examination for that position is held.
Section 6: To be eligible to apply, all applicants shall possess a current motor vehicle operator’s license in the State of Ohio.
Section 7: The City Manager or other designated officer shall not appoint, employ, or promote any employee in the classified service, or in any way change the official status of any employee, except in accordance with these rules and in compliance with Ohio law. No such appointment, employment, promotion or other change in status, made in contravention of any provision of these rules, shall be valid.
Section 8: Promotional Appointments. Whenever the City Manager requests a certification list from the Commission for a promotional appointment to a position in the classified service, he/she shall specify the title, duties, and compensation for such position.
Section 1: All original and promotional appointments shall be for a probationary period of twelve (12) months. No appointment or promotion is final until the appointee has satisfactorily served his or her probationary period. Such satisfactory performance shall be evidenced by probationary evaluations to be completed by the appropriate department head at the completion of six and eleven months of service.
Section 2: If work performance is deemed unsatisfactory, the appointee may be removed (in the case of an original appointment) or reduced (in the case of a promotion) at any time by appointing authority during the probationary period. Such appointees shall be notified in writing of the reasons for the unsatisfactory performance. The employee may not appeal a probationary removal to the Merit System Commission.
Section 3: No probationary period is required following a demotion.
Section 4: If an employee is not in active pay status for any period of time during the probationary period, then the time of such leave or inactive status is not counted as part of the probationary period. For the purpose of extending the probationary period, any leave of less than one (1) day will not be considered.
Section 1: Temporary appointments may be made by the City Manager for a limited period of time, fixed by the appointing authority not to exceed six (6) months and approved by the Commission, when there are valid reasons to do so for the efficient operation of the City as set forth in Ohio Revised Code Section 124.30. The City Manager may select any individual on the eligible list for permanent appointment to serve in a temporary position.
Section 2: Such temporary appointment shall not count as time served towards the completion of a probationary period, not confer any vested rights in a full-time position of the same title, grade or classification.
Section 3: Temporary appointments made pursuant to this section must be terminated within the time limit originally specified at the time of the appointment. No temporary appointment shall exceed six (6) months. Successive temporary appointments to the same position shall not be made under this section.
Section 1: Applications/Entry Level
(a) All applicants for examination for Police Officer positions within the Police Division shall, in addition to the general requirements of Rule 7, meet the following requirements:
i. The applicant must be a high school graduate or possess a GED.
ii. The applicant must be the age of 21 at the time of appointment, but cannot be 35 years of age or older at the time of the original appointment.
iii. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
iv. The applicant must pass a physical examination which complies with the Ohio Police & Fire Pension Fund rules and is conducted by a licensed physician no earlier than 30 days before appointment and no later than 7 day before employment begins.
v. The applicant must possess a valid Ohio Motor Vehicle Operator’s License.
(b) All applicants for the position within the Police Division of Police Cadet shall, in addition to the general requirements of Rule 7,meet the following requirements:
i. The applicant must possess a valid Ohio Motor Vehicle Operators’ License.
ii. The applicant must be 18 years of age but no older than 19 years of age at the time of appointment to the Police Cadet position. As the Cadet Service is a training program, if a Cadet is not promoted to the rank of Patrol Officer, his/her employment shall end no later than 30 days following his/her 24th birthday.
iii. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than 7 days before employment begins.
iv. The applicant must be able to perform the essential functions of the position for which appointment is made, with or without reasonable accommodation.
(c) All applicants for examination for the position within the Police Division of Dispatcher/Clerk shall, in addition to the general requirements of Rule 7, meet the following requirements:
i. The applicant must be capable of completing basic clerical tasks including, but not limited to using computer systems and software, basic record keeping, and filing.
ii. The applicant must be knowledgeable about basic police and fire procedures.
iii. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
iv. The applicant must be able to perform the essential functions of the position for which application is made, with or without reasonable accommodation.
Section 2: Promotions
(a) On promotional examinations for the Police Division, applicants shall, in addition to passing their score on the written and/or practical examination, receive credit for seniority for any service with any political subdivision in the State of Ohio. Credit for seniority shall be as follows: one full percentage point (1%) of the total grade attainable shall be credited for the four full years of service; six-tenths percent (.6%) of the total grade attainable shall be credited for each full year of the next ten years of service. Points for service shall not exceed ten percent (10%) of the highest score attainable for any examination. No credit for seniority shall be added to an examination score unless the applicant achieves at least the minimum passing score on the examination without considering seniority credit.
(b) For promotions in ranks above the position of Police Officer, the Commission shall certify to the City Manager the name of the person with the highest rating on the competitive promotional examination. Within 30 days from the certification of an individual for a promoted rank position in the Police Division, the City Manager must appoint the individual to the position.
(c) Every Cadet, prior to entry into the Cadet Service, shall pass all requirements of the Patrol Officer Entrance Written Examination. A police cadet hired prior to his/her twentieth (20th) birthday, who has served eighteen (18) months or more, may, upon recommendation by the City Manager, and without further examination, be appointed to the rank of Police Officer if a vacancy exists. Seniority shall govern an appointment if two or more cadets are eligible. As the Cadet Service is a training program, if a Cadet is not promoted to the rank of Patrol Officer, his/her employment shall end no later than 30 days following his/her 24th birthday.
(d) Because of the specialized knowledge, skills and abilities required for respective supervisory personnel, the Police Division shall have the following additional requirements:
i. A Patrol Officer applying for a promotion in the Police Division must have at least three (3) years of continuous service in the Police Division in the City of Moraine in order to be eligible to take an examination for promotion to the position of Sergeant, or any other promoted position in the Police Division. A competitive promotional examination will not be held unless there are at least two (2) persons eligible to compete. If there are less than two (2) persons willing and eligible to compete in the next lower rank than the position to be filled, the Commission must allow persons holding positions in the next lower rank, who are eligible, to compete with the persons in the next lower rank than the position being filled.
ii. A Police Sergeant must have served at least one (1) year in grade to be eligible to take an examination for the position of Lieutenant.
Section 1: Applications/Entry Level
All applicants for examination for the position of Firefighter/Paramedic shall, in addition to the general requirements in Rule 7, meet the following requirements:
(a) The applicant must be a high school graduate or possess a GED.
(b) The applicant must possess a valid Ohio Motor Vehicle Operators’ License.
(c) The applicant must not be less than eighteen (18) years of age at the time of appointment, but cannot be 36 years of age or older at the time of the original appointment.
(d) The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
(e) The applicant must have passed a physical examination that complies with the Ohio Police & Fire Pension Fund rules and is conducted by a licensed physician no earlier than 30 days before appointment and no later than 7 days before employment begins.
(f) The applicant must be an Ohio-certified paramedic and must meet the certification requirements for full-time firefighters as established by the State of Ohio prior to original appointment.
Section 2: Promotions
(a) On promotional examinations for applicants in the Fire Division, applicants shall, in addition to their passing score on the written and/or practical examination, receive credit for seniority for full-time service in a municipal or civil service township Fire Division and, if applicable, service in the Armed Forces due to an interruption in service in a municipal or civil service township Fire Division. Credit for seniority shall be as follows: one full percentage point (1%) of the total grade attainable shall be credited for the first four full years of service; six-tenths percent (.6%) of the total grade attainable shall be credited for each full year of the next ten years of service. Points for service shall not exceed ten percent (10%) of the highest score attainable for any examination. No credit for seniority shall be added to an examination score, unless the applicant achieves at least the minimum passing score on the examination without considering seniority credit.
(b) For promotions in ranks above the position of Firefighter/Paramedic, the Commission shall certify to the City Manager the name of the person with the highest rating on the competitive promotional examination. Within 30 days from the certification of an individual for a promoted rank position in the Fire Division, the City Manager must appoint the individual to the position.
(c) Because of the specialized knowledge, skills and abilities required for supervisory personnel, the Fire Division shall have the following additional requirements for promotional testing:
i. Firefighter/Paramedic must have at least three (3) years of continuous service in the Department of Fire in the City of Moraine to be eligible to take an examination for promotion to the position of Fire Lieutenant. A competitive promotional examination will not be held unless there are at least two (2) persons eligible to compete. When filling vacancies immediately above the Firefighter rank, if there are less than two (2) persons willing and eligible to compete, the three (3) year eligibility requirement will not apply.
ii. When a vacancy exists in a promoted rank, other than the promoted rank immediately above the rank of Firefighter, the applicant must have served at least twelve (12) months in the rank from which the promotion is made in order to be eligible for the examination. A competitive promotional examination will not be held unless there are at least two (2) persons eligible to compete. If there are less than two (2) persons willing and eligible to compete in the next lower rank than the position to be filled, the Commission must allow persons holding positions in the next lower rank, who are eligible, to compete with the persons in the next lower rank than the position being filled.
AND PARK MAINTENANCE DIVISION
Section 1: Applications/Entry Level
(a) All applicants for examination for the position of Maintenance Worker I shall, in addition to the general requirements in Rule 7, meet the following requirements:
i. The applicant must be a high school graduate or possess a GED.
ii. The applicant must be at least eighteen (18) years of age at the time of the original appointment.
iii. The applicant must possess a valid State of Ohio Operator’s license at the time of appointment.
iv. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
v. The applicant must have passed a physical examination, which is conducted by a licensed physician no earlier than 30 days before appointment and no later than seven (7) days before employment begins.
(b) In the event that an open, competitive examination is held for the position of Maintenance Worker II or Maintenance Worker III, all applicants for the position shall, in addition to the general requirements in Rule 7, meet the following requirements:
i. The applicant must be a high school graduate or possess a GED.
ii. The applicant must be at least eighteen (18) years of age at the time of the original appointment.
iii. The applicant must possess a valid State of Ohio Operator’s license at the time of appointment.
iv. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
v. The applicant must have passed a physical examination, which is conducted by a licensed physician no earlier than 30 days before appointment and no later than seven (7) days before employment begins.
Section 2: Promotions
All candidates for examination for promotion to Maintenance Worker II or Maintenance Worker III shall, in addition to the general requirements in Rule 7, meet the following requirements:
(a) The candidate must have completed at least one (1) year of service and not be in probationary status in his/her current designation to be eligible to take the promotional examination for Maintenance Worker II or Maintenance Worker III.
(b) When a vacancy exists in a higher designation, in the event that only one (1) candidate in the next lower rank has served the required one (1) year of service in his/her current designation and is not in probationary status, then a non-competitive examination may be held.
(c) In the event that no one in the next lower rank has served the one (1) year of service in his/her designation and/or candidates are in probationary status, or in the event that one candidate initially qualifies for promotion but does not pass the non-competitive examination noted in this section, then the one (1) year in current designation status requirement shall be waived. If this waiver does not produce at least two eligible candidates who are willing to compete, then a non-competitive examination may be held.
(d) If the above-referenced waiver does not produce at least one (1) eligible person who is willing to compete or in the event that one person initially qualifies for promotion but does not pass the non-competitive examination noted in this section, the same procedure will be followed by moving to successively lower designations until two (2) or more persons are willing and eligible to compete in a promotional examination for the vacancy.
(e) In the event that no candidate qualifies for promotion, or in the event that one candidate initially qualifies for promotion but does not pass the non- competitive examination noted in this section, then an open competitive examination shall be administered.
STREET DIVISION
Section 1: Applications/Entry Level
(a) All applicants for examination for the position of Semi-skilled Laborer shall, in addition to the general requirements in Rule 7, meet the following requirements:
i. The applicant must be a high school graduate or possess a GED.
ii. The applicant must not be less than eighteen (18) years of age at the time of appointment at the time of the original appointment.
iii. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
iv. The applicant must possess a State of Ohio Operator’s License at the time of appointment and must obtain State of Ohio Class B (or higher) Commercial Driver’s license within the probationary period.
v. The applicant must have passed a physical examination, which is conducted by a licensed physician no earlier than 120 days before appointment and no later than one day before employment begins.
(b) All applicants for examination for the position of Mechanic’s Apprentice, Mechanic and/or Chief Mechanic shall, in addition to the general requirements in Rule 7, meet the following requirements:
i. The applicant must be a high school graduate or possess a GED.
ii. The applicant must be at least eighteen (18) years of age at the time of the original appointment.
iii. The applicant must possess current ASE certifications in Heating and Air Conditioning; Brakes; and Steering.
iv. The applicant must possess and provide all necessary operating hand tools. The City will provide all necessary specialized tools.
v. The applicant must possess a State of Ohio Operator’s License at the time of appointment and must obtain State of Ohio Class B (or higher) Commercial Driver’s license within the probationary period.
vi. The applicant must pass a physical abilities test conducted by a physician or center of the appointing authority’s choice no earlier than 30 days before and no later than seven days before employment begins.
vii. The applicant must have passed a physical examination, which is conducted by a licensed physician no earlier than 30 days before appointment and no later than 7 days before employment begins.
Section 2: Promotions
(a) Because of the specialized knowledge, skills and abilities required for Equipment Operator positions, candidates for promotion to Equipment Operator positions shall have the following additional requirements:
i. An operator in the Street Division must have served at least one (1) year in grade after the twelve-month probationary period, to be eligible to take an examination for the position of Operator II and Operator III.
ii. When a vacancy exists in a promoted rank, in the event that only one (1) person in the next lower rank has served the required one (1) year in grade after the twelve-month probationary period, then a non-competitive examination may be held.
iii. In the event that no one in the next lower rank has served the one (1) year in grade after the twelve-month probationary period, or in the event that one person initially qualifies for promotion but does not pass the non-competitive examination noted in this section, then the one (1) year in grade after the twelve-month probationary period requirement shall be waived. If non-application of the one (1) year in grade after the twelve-month probationary period requirement does not produce at least two eligible persons who are willing to compete, then a non-competitive examination may be held.
iv. If non-application of the one (1) year in grade after the twelve- month probationary period requirement does not produce at least one (1) eligible person who is willing to compete or in the event that one person initially qualifies for promotion but does not pass the non-competitive examination noted in this section, the same procedure will be followed by going to successively lower ranks until two (2) or more persons are willing and eligible to compete in a promotional examination for the vacancy.
(b) Because of the specialized knowledge, skills and abilities required for the Mechanic and Chief Mechanic positions, applicants for promotion shall have the following additional requirements:
i. When a vacancy exists in a promoted rank, a Mechanic’s Apprentice or Mechanic in the Street Division must have served at least one (1) year in grade after the twelve-month probationary period, to be eligible to take an examination for a promoted rank.
ii. In the event that only one (1) person in the next lower rank has served the required one (1) year in grade after the twelve-month probationary period, then a non-competitive examination may be held.
iii. A Mechanic’s Apprentice or Mechanic in the Street Division must possess a valid State of Ohio Class B (or higher) Commercial Driver’s License to be eligible to take an examination for a promoted rank.
iv. In the event that no person qualifies for promotion by passing either the non-competitive or competitive examinations noted in this section, then an open competitive examination will be administered.
Section 1: An employee who has completed the required probationary period in the classified service may appeal a transfer, a reduction in rank, a suspension of more than three (3) working days, or a dismissal by filing a written notice of appeal with the Commission within ten (10) calendar days from the date the official notification is filed with the Commission provided that members of bargaining units must appeal under the terms established by their respective contracts which may exclude the Commission from the appeal process. The Commission shall proceed within thirty (30) calendar days from receipt of such notice of appeal to hear such appeal. The Commission shall give written notice to the appointing authority, the Director of Law, the employee and his/her attorney, if known, of the time and place of the hearing.
Section 2: The Commission shall hear and be concerned only with evidence relating directly to the charges and specifications as are filed with it by the appointing authority. No additional charges or material amendments to said charges or specifications will be considered by the Commission.
Section 3: The hearing procedure and order of proof shall be as follows:
(a) The City Manager or a department director shall first present evidence in support of the charges leading to the transfer, reduction, suspension, or dismissal.
(b) The affected employee, or his/her attorney, shall then produce such evidence as he/she may wish in his/her defense.
(c) The Commission may hear rebuttal evidence if offered.
(d) The Commission in its discretion may hear arguments.
Section 4: The Commission may limit testimony and evidence based upon materiality, relevancy and competency. The Commission may limit the number of witnesses upon any issue and may require any party to present additional evidence on any issue. All witnesses shall be sworn or shall affirm.
Section 5: The City Manager or division head may be represented by the City Law Director or other counsel and the appellant may also be represented by counsel.
Section 6: The Commission, within thirty (30) calendar days from the date of the hearing, shall render its judgment in writing to the appellant, appointing authority and the City Law Director. The Commission may affirm, disaffirm or modify the action of the appointing authority. The action of the Commission is final.
Section 1: The appointing authorities shall notify the Commission on the following matters regarding positions within the Commission’s jurisdiction.
(a) Appointments.
(b) Reinstatement appointments.
(c) Transfer of any officer or employee from one department to another or from one position to another.
(d) Reductions.
(e) Suspensions.
(f) Discharge or removal from the service and the cause for such.
(g) Creation or abolishment of any position.
(h) Any material change in the duties of an employee, or in an organization of a department.
Each report shall contain the name of the employee affected, the date upon which the action becomes effective, and such other facts as will make it possible for the Commission to fulfill its responsibilities.
Section 1: All original papers, applications, examination questions and papers, certificates, etc., are the property of the Merit System Commission.