195.07 RULE 7 APPOINTMENTS.
Rule 7.1   Requisitions
Whenever a vacancy in the competitive classified service is to be filled, the appointing authority shall notify the commission’s clerk, by identifying the position to be filled and stating the class title, location, and number of positions to be filled. After notification, when an adequate certified eligible list exists as determined by the appointing authority, and the vacancy to be filled is a permanent competitive classified position, the commission need not take any action and the appointing authority may proceed with filling the vacancy pursuant to Rule 7.3. In the event that an inadequate certified eligible list or no certified eligible list exists, then the commission shall take the necessary action to create and certify an adequate eligible list.
Rule 7.2   Requisition By Sex
Whenever the sex of those whose names are to be certified is specified in a request for certification with specific reasons therefore, the commission may, in its discretion, certify only those of the sex so specified, provided the reasons for certifying only persons of either sex are found by the commission to be good and sufficient. In all other cases, certification shall be made without regard to sex.
Rule 7.3   Filling Original Positions Below The Rank Of Chief from a Certified Eligible List
When a certified eligible list exists, upon notification by the appointing authority being furnished to the clerk of the commission pursuant to Rule 7.1 to fill one or more vacancies by original appointment below the rank of chief, the appointing authority shall first consider the names and grades of the ten (10) persons standing highest on the certified eligible list and meeting all criteria for appointment. In the event, less than ten (10) names exist, then the appointing authority may consider those names and grades of the persons left standing on the certified eligible list and meeting all criteria for appointment. If no selection is made from a certified eligible list, the appointing authority shall submit to the commission a statement of his or her reasons for not making an appointment.
Rule 7.4   Reserved
Rule 7.5   Objection By Appointing Authority
In case objection is made by the appointing authority that any person certified:
      1)   Is physically so disabled as to be unable to perform essential duties of the position which he or she seeks,
      2)   Is a habitual excessive user of intoxicating liquors or drugs of abuse,
      3)   Has been convicted of a felony, or for other reason is ineligible to hold public employment,
      4)   Has been guilty of infamous or notoriously disgraceful conduct,
      5)   Has been dismissed from a position in the Civil Service,
      6)   Has made false statements of any material fact, or practices, or attempted to practice, any deception or fraud in an application or examination concerning his or her employment by the city,
      7)   Has a record of excessive traffic convictions and/or chargeable accidents, and the position the individual is applying for requires driving,
      8)   Has not met the medical or psychological standards required for all candidates of police and fire positions using psychological testing,
      9)   Has failed to meet or maintain specific certification requirements as requird for appointment,
      10)   Has failed to communicate with the commission or appointing authority pursuant to these rules,
      11)   Has declined appointment or declined consideration of appointment for a permanent position in the competitive classified service,
 
the commission shall, if such objection is shown to be well taken, strike the name of such person from the eligible list using the procedure found in Rule 6.6.
Rule 7.6   Reply By Eligible
All eligibles certified for consideration to a position shall communicate with the commission or with the appointing authority in accordance with the written instructions given to each eligible, within six (6) business days from the time when notice is mailed by regular U.S. mail, with proof of mailing required, to his or her last address on file with the commission, or otherwise transmitted to the eligible.
 
Failure on the part of an eligible to comply with his or her specific instructions to so communicate with the appointing authority or commission as directed shall be considered to have declined consideration for appointment, and upon request of the appointing authority the commission may order the eligible to be dropped from the eligible list in accordance with Rule 6.6. No person whose name has thus been stricken from the eligible list shall be restored except by order of the Commission.
Rule 7.7   Reserved
 
 
Rule 7.8   Reserved
 
 
Rule 7.9   Reserved
 
 
Rule 7.10   Reserved
 
 
Rule 7.11   Notice
When an eligible's name is included on a certification to an appointing authority, and the appointing authority elects to interview the eligible, notice shall be sent to the eligible by the appointing authority by regular U.S. mail, with proof of mailing required to his or her last address on file with the commission, informing him or her of the nature and location of the position and giving him or her instructions for reporting for interview.
Rule 7.12   Time Of Acceptance Or Rejection
An eligible offered an appointment shall, within six (6) business days next succeeding the date of mailing (by regular U.S. mail, with proof of mailing required to his or her last address on file with the commission) of the notice of appointment, advise the appointing authority in writing of his or her acceptance or rejection and if he or she rejects the appointment, he or she shall state the reason for refusing the appointment. Upon failure without just cause to reply to such offer of appointment within the aforesaid six (6) days, he or she shall be deemed to have declined the appointment. Thereupon, notwithstanding any other rule to the contrary, the appointing authority shall, without further action of the commission, add to the names under consideration for appointment the next person standing highest on the list that meets all criteria for appointment.
 
If, after having accepted an appointment, an applicant fails to report for duty at the time specified, such applicant may be deemed to have declined the appointment.
Rule 7.13   Reserved
 
 
Rule 7.14   Reserved
 
 
Rule 7.15   Appropriateness Of Duties
The assignment of duties is the responsibility of the appointing authority. It is the responsibility of the appointing authority to see that accurate descriptions of the duties performed by the Competitive Classified Positions are reported to the commission.
Rule 7.16   Reserved
 
 
Rule 7.17   Probationary Period
Rule 7.17.1 Purpose
The probationary period shall be regarded as an integral part of the appointment process and shall be used for closely observing the employee's work, for securing the most effective adjustment of a new employee to a new job and for discharging any employee whose performance does not meet required work standards.
Rule 7.17.2 Probation period
Each employee in the classified civil service shall serve a probationary period in accordance with the city's personnel code (administrative code) or appropriate collective bargaining agreement.
Rule 7.18   Poor Evaluation During Probationary Period
If an employee receives a poor evaluation by the appointing authority at any time during his or her probationary period, this shall be considered adequate grounds for probationary dismissal. This dismissal shall be accomplished during the time period established.
Rule 7.19   Restrictions For Appointment
Any restrictions for appointment from an eligible list as to age, physical or other requirements shall be made prior to and stated in the bulletin announcing the examination and no eligible list shall be so restricted unless it had been announced in the examination bulletin.
(Ord. 039-10. Passed 6-7-10.)
Rule 7.20   Lateral Transfer
 
The City of Napoleon wishes to broaden the pool of applicants for the City of Napoleon Police Department by allowing employees appointed as a full time Patrol Officer who possess certification from Basic Police School (OPOTA or equivalent), and whose last position held with the employee's last employer was a law enforcement position, to utilize full years of service in the law enforcement position with the employee's last employer for calculation of pay and vacation accrual only, while still protecting the seniority rights of current Napoleon Police Officers, including but not limited to seniority affecting layoff, recall, overtime assignment, acting time, vacation selection, shift preferences, etc. Employees appointed by the City of Napoleon as a full time Patrol Officer who possess certification from Basic Police School (OPOTA or equivalent) and whose last position held with the employee's last employer was a law enforcement position, shall be credited with two weeks (80 hours) of vacation on date of hire.
The City of Napoleon wishes to broaden the pool of applicants for the City of Napoleon Fire Department by allowing employees appointed as a full time Firefighter/Paramedic who possess certifications of Ohio Firefighter II and State of Ohio Paramedic, and whose last position held with the employee's last employer was a firefighter/paramedic position, to utilize full years of service in the fire department position with the employee's last employer for calculation of pay and vacation only, while still protecting the seniority rights of current Napoleon Firefighters/Paramedics, including but not limited to seniority affecting layoff, recall, overtime assignment, acting time, vacation selection, shift preferences, etc. Employees appointed by the City of Napoleon as a full time Firefighter/Paramedic who possess certifications of Ohio Firefighter II and State of Ohio Paramedic, and whose last position held with the employee's last employer was a firefighter/paramedic position shall be credited with forty-eight (48) hours of vacation on date of hire. (Ord. 007-19. Passed 1-21-19.)