(a) Establishment. There shall be a Civil Service Commission consisting of three (3) members each of whom shall be a resident and qualified elector of the City. Each member shall be appointed by the Mayor, subject to approval by Council: one (1) for a term of two (2) years, one (1) for a term of four (4) years, and one (1) for a term of six (6) years. Each alternate year thereafter, the Mayor shall appoint one (1) person, as successor of the member whose term expires, to serve a term of six (6) years, subject to approval by Council. Any vacancy shall be filled for the unexpired term. The Mayor, at any time, may remove any member from office for misconduct, neglect of duty, malfeasance in office, or other cause, subject to approval by Council. No more than two (2) members shall be from the same political party. Civil service members shall serve without compensation unless otherwise provided by Council.
(b) General Powers and Duties. The Commission’s power and authority is derived from Article V, §5.01(B) of the Charter and this chapter; moreover, pursuant to the Charter, Council limits the power and duties of the Commission as follows: The Commission shall have only the specific powers and authority that are conferred upon it by this chapter and/or other City ordinances, resolutions, codes, rules and procedures, as approved by the Council. Furthermore, the powers and authority of the Commission may only be altered by Charter amendment, by ordinance or resolution of Council, code or rules and procedures as approved by the Council.
(c) Specific Authority. Said Commission is authorized and directed, by Council, to: (i) promulgate, adopt, enforce, amend, and/or administer rules and procedures governing the administration and operation of civil service including, but not limited to, governing appointments and promotions within the classified competitive positions of the City; (ii) review of suspensions, demotions, reductions and removals of those employees in classified positions who are entitled to such review under the City’s personnel code, Civil Service Code, and/or ordinance or resolution of Council as a result of disciplinary action; (iii) conduct review of other employees as provided for in the Charter, or by ordinance or resolution of Council; (iv) investigate civil service violations; (v) issue subpoenas under the hand of the Chairman or Acting Chairman and; (vi) do all other things as assigned by the Council. The rules and procedures adopted by the Commission and/or the provisions of the City’s personnel code and/or the City’s Administrative Code shall replace and/or supersede State civil service law to the extent the City may replace and/or supersede the same, including, but not limited to, Chapter 124 of the Ohio Revised Code (except for §124.57 and, merely to the extent required for the lawful implementation and proper administration of any of the locally adopted civil service rules and/or procedures and to the extent provided for in the locally adopted civil service rules and/or procedures, §§124.09(G), 124.34 & 124.40) and State Civil Service Administrative Code or any later amendments thereto. Any such rules and/or procedures established by the Commission shall not be in conflict with the City Charter, ordinance or resolution of Council, or the Constitution of Ohio. Any adoption of civil service rules and/or procedures shall be by majority vote of all current members of the Commission in favor of adoption, subject to approval by ordinance or resolution of Council.
(1) Where local civil service rules provide for the suspension and/or waiver of rules and/or procedures governing civil service, suspension and/or waiver is permitted by the Commission, without prior approval of Council; however, Council may by ordinance or resolution prohibit a suspension and/or waiver of any rule.
(2) When civil service rules and/or procedures are submitted to Council for approval, such rules and/or procedures shall be considered as a whole and approved or denied as such. If Council determines to disapprove any such rules and/or procedures or amendments thereto, Council shall submit in writing, to the Commission, within ten days, the reason for such denial. Any such rules and/or procedures shall not be enforceable until approved by Council.
(d) Civil Service Exclusion. Excluded from the services of the City Civil Service Commission are the following agencies: the City Health Department and the City School District and all employees, board members, commission members and all other positions thereof, herein mentioned or not, unless either such agency contracts with the City for those services.
(e) Service Status. The civil service of the City shall be divided into the unclassified service and the classified service.
(1) The unclassified service shall be comprised of those positions found in letters A. through I. of this paragraph (e)(1), which shall not be included in the classified service and which shall be exempt from all examinations required by civil service laws, and are exempt from Commission review of suspensions, demotions and removals.
A. All officers or persons elected by popular vote or persons appointed to fill vacancies in such offices;
B. The members of all boards and commissions, City Manager, City Law Director, City Finance Director and other appointed officers or employees who are subject to appointment and removal by Council;
C. The Clerk of the Municipal Court and deputies thereto; also, Municipal Court Bailiffs and Probation Officers;
D. The Clerk of Council;
E. All employees of the City School District and the City Health District as controlled by §124.11(A) or other applicable sections of the Ohio Revised Code;
F. Assistant City Managers, Assistant City Finance Directors, Assistant City Law Directors;
G. Such students in normal schools, colleges, and universities of the State of Ohio who are employed by the City, City School District or City Health District in student or intern classification;
H. Employees who receive external interim, intermittent, or temporary appointments and part-time and permanent part-time employees; and
I. Other positions designated as unclassified by Charter or by ordinance or resolution of Council.
(2) The classified service shall be comprised of all persons in the employment of the City, not specifically included in the unclassified service, and except those positions or agencies specifically excluded herein. The classified service consists of two subclasses, which shall be designated as the competitive class and the noncompetitive class.
A. The competitive class shall include all full-time police officers, including the Chief of the Police Department and all full-time Fire Department personnel, including the Chief of the Fire Department. Appointments to the competitive class shall be by fitness and merit. In order to determine fitness and merit for these positions, appointments shall be made by competitive examination and any other means prescribed by the rules and procedures of the Commission or as otherwise provided by ordinance or resolution of Council. Except as may be otherwise provided by Council, appointments shall be made to, or employment shall be given in, all positions of the competitive class that are not filled by reinstatement, transfer or reduction, as provided by law, and the rules and procedures of the Civil Service Commission, by appointment from those certified to the appointing authority in accordance with the civil service rules and procedures.
B. The noncompetitive class shall include all other positions of the City that are not listed in the competitive class or the unclassified service of the City’s civil service, including, but not limited to, any position that may be considered unskilled labor and except those positions or agencies specifically excluded herein. It has been determined by City Council that it is not practical to have competitive testing for positions within the noncompetitive class; therefore, vacancies in the noncompetitive class shall be filled by appointment from properly filed applications. No competitive examination or tests are required for this class by civil service, but work related tests may be required by the appointing authority. These tests, if any, shall be conducted and graded by the appointing authority or their designee and no eligibility list is required to be used or maintained.
(Ord. 111-01. Passed 10-1-01.)