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The Civil Service Commission shall consist of three (3) electors of the Municipality not holding other municipal office or appointment, to be appointed by the Mayor with the concurrence of the majority of the Council, for terms of six (6) years each commencing on February 15, 1952, except that one (1) of the three (3) electors first appointed shall be designated by the Mayor to serve for two (2) years and one (1) for four (4) years. The members of the Commission shall receive such compensation as the Council shall from time to time determine. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for an original appointment. The Commission shall designate one (1) of its members as President and shall elect a Secretary who need not be a member of the Commission and shall receive such compensation as the Council shall from time to time determine. No more than two (2) members of the Civil Service Commission shall be of the same political party.
(b) CLASSIFICATION OF SERVICE.
The following officers and employees of the Municipality shall be exempt from classified service:
(1) All officers elected under the Charter;
(2) All officers and employees of boards and commissions whose appointments are subject to concurrence by Council or who are appointed by Council;
(3) The heads of any departments or subdepartments that may be created by Council under this Charter;
(4) All unskilled labor;
(5) All employees whose services shall be casual.
The classified service shall comprise all positions not specifically exempted in the foregoing section of this Article. In the classified service there shall be two (2) classes to be known as the competitive and noncompetitive classes. The competitive class shall include all positions and employments for which it is practicable to determine the merit and fitness of applicants by competitive examination, and the noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character to be determined by the rules of the Commission.
The Commission shall provide by rule for ascertainment of merit and fitness as the basis for appointment and promotions in the classified service of the Municipality, as required by the Constitution of the State of Ohio and for appeals from the action of the Mayor or Council in any case of transfer, reduction, or removal, and the action of the Commission on any such appeal shall be final. The Commission shall keep a record of its proceedings and examinations, which shall be open to public inspection and shall, in all matters not in conflict with this Charter, conduct its affairs in accordance with the provisions of the general law.
The Mayor may at any time suspend any Commissioner for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency; provided, however, that such suspension shall not be effective without the concurrence of two-thirds (2/3) of the members elected to Council, or until such Commissioner shall have been notified in writing of the charge against him or her at least ten (10) days in advance of any hearing upon such charge, and he or she or his or her counsel has been given an opportunity to be heard, present evidence, or examine any witness appearing in support of such charge. (11-4-97)
A sufficient sum shall be appropriated by the Council each year to carry out the civil service provisions of this Charter.
(f) TEST SCORE.
The Civil Service Commission will establish a minimum passing score for each Civil Service examination prior to the date each such examination shall be administered.