(A) General. The classified service shall comprise all persons in the employ of the city, City Health District and City School District not specifically included in the unclassified service. The unclassified service includes positions exempted by operation of law, by express voluntary agreement of the parties and by the provisions of Ohio R.C. 124.11(A). Unless a position is exempted by operation of law all exemptions must be requested from the Civil Service Commission, as required in this procedure. The Civil Service Commission will respond in writing and approve or disapprove any request for exemptions after receipt of the appointing authority's request.
(B) Requesting exemptions. The appointing authority may request exemptions under Ohio R.C. 124.11(A), in accordance with the rules prescribed by the Commission. The request for exemptions must contain: copies of position descriptions which reflect the actual duties of the positions for which the exemption is requested; a current table of organization which shows the relationship of all positions affected; and, a justification as to what allows the position to be exempt.
(C) Time limits for claiming exemptions; clerical and administrative support.
(1) Within 90 days of taking office, each elective officer or appointing authority having the power of appointment to, or removal from, positions in any office, shall designate to the Commission the positions for which exemption from the competitive classified service is claimed under the provisions of Ohio R.C. 124.11(A)(8). Thereafter, no change in the designation of exemptions claimed under this provision shall be made during the incumbency of such elective officer or appointing authority unless agency reorganization occurs as a result of legislative action during the term of office.
(2) If exemptions have not been designated by the elected official or appointing authority within 90 days after taking office, the exemptions previously designated and in effect under this provision shall be considered the exemptions claimed by such official or appointing authority and will continue to be in effect.
(3) Other exemptions requested under Ohio R.C. 124.11(A) may be claimed at any time which is convenient to the appointing authority. This includes the fiduciary or administrative exemptions under the provisions of Ohio R.C. 124.11(A)(28).
(D) Appointing authority actions. Once positions have been exempted from the classified civil service by the Civil Service Commission, the appointing authority may exercise certain prerogatives, as follows:
(1) The appointing authority may allow a classified employee to serve in an unclassified position;
(2) The appointing authority may request that the employee voluntarily waive his or her classified civil service status, in writing, and accept an unclassified appointment;
(3) The appointing authority may treat the classified position as abolished and displace the classified employee from the position, as provided in these rules; or
(4) The appointing authority may remove an unclassified employee, without cause.
(E) Displacement of employees upon exemption. Whenever an appointing authority desires to displace an employee from a position which is newly exempted by the Civil Service Commission, the appointing authority may proceed under one of the following options:
(1) The appointing authority may move the employee from the exempted position to a vacant position which has the same classification designation;
(2) The appointing authority may treat the position as if it were abolished and proceed under the available layoff provisions.
(Ord. 2001-03, passed 1-16-01)