(a) Establishment. Council shall provide by ordinance for the establishment of a Civil Service Commission and Civil Service System.
(b) Membership. The Civil Service Commission shall consist of three (3) electors of the Municipality, not holding other municipal office or employment, to be appointed by the Mayor for a term of six (6) years each, except that, of the members first appointed after the effective date of this Charter, one (1) shall be appointed 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, with the stipulation that no member is eligible to succeed himself.
The Commission shall designate one of its members as chairman and may recommend to the Mayor a candidate for appointment as secretary.
(c) Classification of Service. The Civil Service of the Municipality is hereby divided into the classified and unclassified services.
The classified service shall consist of:
(1) The Chief of the Police Department and all full-time members of the Police Department.
(2) The Chief of the Fire Department and all full-time members of the Fire Department.
(3) All full-time members of the Service Department.
A full-time member of a department is defined as any member who works thirty (30) hours or more per week during any thirty (30) separate weeks in a twelve (12) month period.
The unclassified service shall consist of all other positions not specifically included within the classified service.
(d) Duties. The Commission shall provide rules for appointment and promotion in the classified service of the Municipality on the basis of merit and fitness, and shall exercise the full power of home rule granted to this Municipality by the Constitution of the State of Ohio, in whatever legal manner the Commission chooses. The Commission shall also provide rules for the process of transfer, reduction, or removal of an employee within the classified service. The Commission shall provide the members of Council with a true copy of each rule the Commission adopts, modifies, or repeals. No adopted, modified, or repealed rule shall become effective until forty-five (45) days after the Clerk of Council has received such true copy, unless, by motion, by an affirmative vote of a simple majority of members, Council waives the requirement of the forty- five (45) day waiting period. Council may overrule a rule of the Commission, by ordinance, by an affirmative vote of a simple majority of the members within forty-five (45) days after Council has received a true copy of the adoption, modification, or repeal of the rule. Failure of Council to act within forty-five (45) days shall constitute ratification of the adoption, modification, or repeal of the rule.
The Commission shall hear appeals from the action of the Mayor or Council in any case of transfer, reduction, or removal of an employee within the classified service, except as otherwise provided in this Charter; and the action of the Commission on any such appeal shall be final, except that an appeal to a court of law may be made within thirty (30) days from the date of the Commission decision. Notice of such appeal shall also be filed with the Civil Service Commission.
(Amended 11-5-74)
(e) Funds. A sufficient sum shall be appropriated by Council each year to carry out the Civil Service provisions of this Charter.
(f) Powers and Procedures. The Commission shall not be required to report or divulge any matter which in its opinion is of a confidential or personal nature respecting any employee in the classified service. The Commission shall conduct its affairs in accordance with the provisions of general law.
The Commission shall have the power to subpoena witnesses and to require the production of records to carry out its functions and duties.