The municipal Civil Service Commission of the City shall be composed of three (3) persons who shall be appointed and serve in a manner provided for in the Charter of the City, Ordinance or Resolution of Council, including Chapter 155 of the Codified Ordinances of the City, and these Rules and Procedures. Section 124.40 of the Ohio Revised Code shall apply to these rules and procedures merely to the extent required for the lawful implementation and for the proper administration of these rules and procedures, recognizing the limiting provision of Chapter 155 of the Codified Ordinances of the City.
It shall be the duty of each member of the commission to attend all meetings or hearings of the commission (except when a hearing officer is appointed by the commission to conduct the hearing in lieu of the commission) and to devote as much time as is necessary to the management of the business and affairs of the commission. A hearing officer appointed by the commission may conduct a hearing, exercise those powers of the commission necessary to conduct such hearing, and make recommendations to the commission, but the commission must take any final action on the recommendations, after giving the parties a reasonable opportunity to object to the recommendations.
Except when a hearing officer is appointed and no quorum is necessary, a majority of the current members of the commission shall constitute a quorum for the transaction of business at any commission meeting or hearing, but a number less than a quorum may adjourn a meeting.
The commission shall administer and enforce the rules and procedures herein prescribed relative to civil service in the City.
At the organizational meeting held in January of each calendar, the commission shall elect one (1) of its members to serve as chairman or chair lady (hereinafter called chairman) of the commission whom shall, except in case of death, resignation, recall, removal or forfeiture of office, serve for a term of one (1) year or until his or her successor is elected and qualified. In the absence of the chairman there shall be selected an "acting chairman" by the members whom shall be cloaked with all power and authority of the chairman in any absence of the chairman.
The chairman, and in the chairman's absence, the acting chairman, shall preside over the meetings of the commission. The presiding officer shall sign all documents as the presiding officer. The presiding officer shall call all meetings of the commission to order at the hour appointed and shall proceed with the order of business. In any case, if a quorum is present, the presiding officer shall give the members an opportunity for correcting the journal of the previous meeting as delivered. Approval of Minutes shall be pursuant to rule 2.17. The presiding officer shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to the question under discussion, decide all points of order subject to an appeal to the commission, and appoint all hearing officers and other persons doing work for the commission as may be authorized from time to time, except as may otherwise be required by rule or law. The chairman is cloaked with the power to sign all notices and letters related to commission business on behalf of the commission.
No candidate for chairman or acting chairman of the commission shall be declared elected unless the person shall have received a majority vote of all current members of the commission, and no person shall be employed by the commission except pursuant to a majority vote of all current members of the commission.
Upon the roll call for the election of chairman or acting chairman or employee of the commission, each member shall respond by stating the name of the candidate of their choice eligible for such office or appointment. Once a response is given by a member, a motion may be made for nomination for appointment or position. If the motion receives a second (2nd), said person shall become eligible for such office or position. A vote in the open shall be taken among all members for filling such office or position. The person receiving the majority vote shall be appointed to the office or position.
The clerk shall publish in the city record the name of the members present and absent and if appropriate the time of arrival or departure.
Every member present shall vote on all questions upon the call of the vote, except in case of conflict. A vote shall be yea or nay or an equivalent thereof. No member shall vote on any question in which such member is financially interested, unless otherwise permitted by law, or which in any way involves personal or private rights. The mere abstention does not vacate the seat nor reduce or enlarge the required number of votes required for passage or defeat of any motion, resolution or other measure.
On the passage of every resolution or motion and on the appointment of every officer, the vote shall be taken by yeas or nays or an equivalent thereof, entered in full upon the records, and published in the official journal. Upon the call of the yeas and nays the clerk shall call the names of members in the following manner:
The member immediately to the right of the member who voted first (1st) at the prior regular meeting shall be called first (1st), then followed by the remaining member nearest to their right until every member has voted or otherwise abstained. The failure to follow this procedure shall not invalidate any vote.
If any member, in speaking or otherwise, transgresses the rules of the commission, the presiding officer shall call the offending member to order. The member so called to order shall refrain from further speaking unless permitted by the presiding officer to explain. Any member may, by raising the point of order, call the attention of the presiding officer to such transgression. The point of order shall be decided by the presiding officer without debate. Every such decision of the presiding officer shall be subject to appeal to the commission by any two (2) members.
Any member may appeal to the commission from a ruling of the presiding officer, the member making the appeal may briefly state his or her reason for the same, and the presiding officer may briefly explain his ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then put the question, "Shall the decision of the chair be sustained?" If a majority of the members present vote yea, the ruling of the chair is sustained; otherwise it is overruled.
The commission may take action by a motion approved by a vote of at least a majority of those attending the meeting, unless otherwise a greater majority is provided by charter provision, ordinance or resolution of council, or rule, and when action by commission resolution is not otherwise required.
Motions shall be used to expedite the orderly transaction of the business of the commission and may be substituted for commission resolutions, except as otherwise specifically provided by ordinance or resolution of council or other applicable law. A second (2nd) shall be required for any motion except as specifically provided for in a rule, but upon demand of any member any motion shall be reduced to writing. Any such motion may be withdrawn by the maker before it has been amended or voted upon.
When a motion is made it shall be stated by the presiding officer before any debate shall be in order. All motions which have been entertained by the presiding officer shall be entered upon the minutes.
When a question is before the commission no motion shall be entertained except the following:
1) To Enter Executive Session
2) To Adjourn
3) To Fix The Hour Of Adjournment
4) For The Previous Question
5) To Lay On The Table
6) To Suspend Rules
7) To Refer To A Committee
8) To Amend
These motions shall have precedence in the order indicated. The motion to adjourn and the motion for the previous question shall be put to a vote without debate; the motion to fix the hour of adjournment shall be debatable only as to the time of such adjournment; and all other motions shall be debatable.
Any member may ask the presiding officer to call the main questions and it is up to the presiding officer to recognize or not the member's request.
The motion to lay on the table shall dispose of the action unless removed from the table by the majority of all current members of the commission.
After the decision of any question, any member who voted with the majority may move for reconsideration of any action at the same or the next succeeding meeting provided, however, that a commission resolution authorizing or relating to any contract may be reconsidered at any time before the final execution thereof. A motion to reconsider shall require a majority vote of all current members of the commission. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of all the current members of the commission (example for illustration only; to correct error).
A commission resolution shall be introduced only by written introduction and presented by the presiding officer. Said resolution shall merely require one (1) reading and shall have immediate effect upon passage. Procedure for adoption shall be as follows: (i) a member shall make a motion to consider the resolution, (ii) a second is required of a member, (iii) discussion had, and (iv) roll call vote for adoption. A mere majority vote of those members present is required for passage unless otherwise provided by ordinance or resolution of council. No publication of the commission resolution is necessary.
The finance director, or in the case when a specific council clerk exists, then such clerk, shall perform clerk duties of the commission. If, for any reason, the designated clerk is temporarily unable to carry out the duties of the position, then the commission may appoint an acting or temporary clerk, who shall carry out the duties of regular clerk as set forth in these Rules and Procedures, until such time as the regular clerk is able to resume carrying out the duties of the position.
The designated clerk shall attend all the meetings or hearings of the commission and perform the following duties: (i) take and keep the minutes and record the official actions of the commission; (ii) shall accurately and properly keep all the records of the commission; (iii) shall keep all files in proper order; (iv) shall prepare and deliver or cause to be delivered, notices and other communications ordered by the commission; (v) shall properly furnish appointing authorities with eligible lists; (vi) shall handle such correspondence as the commission shall determine in conjunction with the chairman, (vii) and shall perform such other duties as may be required by the commission. The clerk is cloaked with the power and authority to correct clearly typographical errors in all commission minutes, resolutions, motions, or other measures, without prior or subsequent action of the commission.
The order of business for meetings of the commission shall be:
1) Roll call.
2) Disposition of not approved minutes.
3) Reports.
4) Unfinished business.
5) New business.
6) Adjournment.
The clerk assigned to the commission shall record the following matters:
1) All appointments in the competitive classified positions and status changes thereof.
2) Appeals from dismissal, demotion or suspension with the action of the commission thereon.
3) Reinstatements of employees in competitive classified positions.
4) Replacement of names on and removal of names from eligible lists.
5) Changes in the classification plan that affect classified competitive positions.
6) Transfer, reclassification or reallocation of individual employees to or from competitive classified positions.
7) Approval of a change of examination schedules.
8) Subjects and weights of examinations.
9) Appointments of special examiners.
10) Exemptions from competitive examinations in the case of special or exceptional appointments as set forth in ordinance/resolution or rules of the commission.
11) Any other action or report directed to be recorded by the commission.
Minutes will stand approved if not objected to without the necessity of motion and role call.
The room(s) in the municipal building shall generally be used for meetings and hearings of the commission; however, other locations are permitted by order of the commission.
Except as provided by charter, or by ordinance or resolution of council, or by these rules or statute, all meetings of the commission thereof shall be public, and, upon request of any citizen desiring to be heard on any matter then under consideration by the commission, the commission may hear the citizen. All minutes and the record of the commission shall be open to the public at all reasonable times.
The commission shall hold regular meetings at times decided upon by the commission and furnished to the clerk, unless otherwise established by resolution or ordinance of council. If the regular meeting date falls on a city recognized holiday, it shall convene on the following day (excepting Saturdays and Sundays).
Special meetings may be called by a vote of commission taken at any meeting thereof, or by the clerk upon written request of the chairman, or any two (2) members. Any such request shall state the time, place, date and purpose of the meeting. Notice in writing of each special meeting called, except by approved motion of the commission, shall be given to each member not less than twenty-four (24) hours prior to the meeting by serving the same to each of them personally, by leaving a copy thereof at his or her usual place of residence, or by electronic mail or by facsimile transmission when the member authorizes electronic or facsimile notice. Service of motion may be waived in writing and shall be deemed conclusively to be waived by attendance at the special meeting. If the member is absent, notice in writing of the special meeting and the results thereof shall be given promptly after such meeting to each absentee in the manner hereinbefore provided. Public notice of each special meeting shall be given pursuant to Chapter 103 of the Codified Ordinances.
Emergency meetings or hearings may be called when a situation or situations requires immediate official action as determined in the sole and final judgment of the person or persons authorized above to call a special meeting. An emergency meeting shall be considered a "special meeting" of an emergency nature. For such meeting, any notice requirement as required for a special meeting shall be an immediate notice.
Any regular or special meeting or hearing of the commission may be reconvened after adjournment or recess to another time, date or place without giving additional notice, so long as the time, date or place is announced at the meeting prior to adjournment or recess.
A quorum shall be the same as Rule 2.2.
The commission may, by entering into executive session, exclude members of the public and staff from a portion of a public meeting to discuss matters as stated below and other matters as authorized by law. Only members of the public body, its invited staff and invited guests may attend. The commission or any given committee shall not exclude any of its members from an executive session.
1) To consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official or (to consider) the investigation of charges or complaints against a public employee, official, licensee, or regulated individual, unless the employee, official, licensee, or regulated individual request a public hearing; however, this provision does not allow the public body to consider the discipline of an elected official for conduct related to the performance of the person's official duties or to consider the person's removal from office.
2) To consider the purchase of property (real or personal property, whether it is tangible or intangible). Also, to consider the sale of property by competitive bid (real or personal property) if disclosure of the information would result in a competitive advantage to the other side. No member may use this exception as subterfuge for providing covert information to prospective buyers or sellers.
3) To discuss pending or imminent court action with the commission's attorney. Court action is pending if a lawsuit has been commences; court action is imminent if it is on the point of happening or is impending.
4) To discuss matters required to be kept confidential by federal law, federal rules, or state statutes; or as otherwise determined by ordinance or resolution declaring the necessity of confidentiality.
5) To discuss specialized details of security arrangements where disclosure might reveal information that could be; used to commit, or avoid prosecution for a violation of the law.
6) To obtain general legal advice from the public body's attorney.
No decision-making (formal action including actual voting) is permitted in executive session. Further, intertwined non-excepted matters are prohibited from discussion while in executive session. Minutes shall not be taken in executive session.
An executive session must always begin and end in open session. First there shall be a motion that states the purpose for the executive session, and the motion must be specific as to the matters to be discussed (i.e. to discuss the dismissal of a public employee), it is not sufficient to state "personnel". Second, after the motion, there must be a second and a roll call vote taken, with a majority of a quorum of the public body. The vote shall be recorded in the minutes. When the executive session has concluded, a motion and second should be received with a roll call vote taken to adjourn the executive session. It should be reported if any action or no action was taken. The adjournment and reporting of action or no action shall be recorded in the minutes.
Notwithstanding the provisions of Chapter 121 of the Ohio Revised Code, council members, committee members, board members or commission members may attend meetings of each other; however, if attended for the purpose of a prearranged discussion of the public business by a majority of its members, it should be published as a joint session and called and conducted as such. Both bodies should call their respective body to order and have minutes taken and prepared for each. Visiting members of bodies, other than that body scheduled for an official session, may attend; however, if a quorum of the visiting body should happen to formulate, then those visiting attendees shall be mere passive observers in a ministerial fact gathering capacity or informational session.
If a conflict exists between a meeting rule and a hearing rule, the rule pertaining to the purpose of the gathering shall prevail.
(Ord. 78-03. Passed 9-2-03.)
Rule 2.28 Expenditure Of Funds By Commission
Subject to budgetary constraints and appropriation of funds, a commission member may expend funds, not to exceed two hundred dollars ($200.00), for a proper public purpose, without prior approval of the commission or body of council.
Subject to budgetary constraints and appropriation of funds, the commission, as a whole, may expend funds, not to exceed fifty thousand dollars ($50,000); each purchase or contract, subject to approval of the purchase order by the City Manager. Any amounts exceeding fifty thousand dollars ($50,000) shall be subject to approval of the body of council.
(Ord. 049-22. Passed 9-19-22.)
Subject to budgetary constraints and appropriation of funds, travel policies and reimbursable expenses applicable to city employees pursuant to the city's policy manual and/or personnel code shall apply to commission members while on official city business.
The city manager shall cause to be prepared and maintained a current official roster showing the names, dates of appointment, titles, rate of pay, and other data as directed by the commission of all persons employed in the Classified Competitive Civil Service.
(Ord. 039-10. Passed 6-7-10.)
(Ord. 039-10. Passed 6-7-10.)