(a) A Department of Public Safety is hereby established, and the Council shall provide by ordinance for the organization thereof.
(b) The Mayor shall be in charge of the Department of Public Safety and the Mayor shall have the authority to supervise and control the Department. The Mayor shall be the executive head of the Division of Police, Division of Fire and the Division of Building, Zoning and Housing. The Mayor, as head of the Department, shall be charged with the duty of enforcing all police, health, safety, sanitary, zoning and building regulations that may be prescribed by the ordinances of the Municipality or the general laws of the State of Ohio.
The Mayor shall have the power to prescribe rules and regulations not inconsistent with this Charter for the governing of the Department and the several divisions thereof, and for the conduct of the officers and employees of the Department, for the distribution and performance of the business of the Department, and for the custody and preservation of the books, records, papers and property under the control of the Department.
Further, the Mayor shall establish and maintain regulations, subject to the approval by Council, for the coordination of the work of and cooperation in the service of the Department with any and all other departments, divisions, or duly constituted bodies of the Municipality, to the end that efficiency, economy and maximum service to the Municipality and its residents may be secured.
Annually, on such date as may be fixed by Council, the Mayor shall give to the Council a full report of the transactions of the Department of Public Safety for the year, and at any time shall furnish to the Council such information relative to the Department as the Council may require.
The Mayor shall perform such other duties consistent with the Mayor's office as head of the Department of Public Safety as may be required by this Charter or by ordinance of the Council.
(c) The Division of Police shall consist of a Chief of Police and such other police officers, and personnel as the Council shall deem necessary and advisable, all of whom shall be appointed in accordance with the provisions of this Charter and the Rules and Regulations of the Civil Service Commission.
The Chief of Police shall be appointed by the Mayor from a list of the top five (5) candidates who have successfully passed a civil service examination and may be from within the Division of Police and/or from outside of the Division of Police, provided, that in order to be eligible to take a test for the position of Chief of Police, all applicants shall hold or shall have held the position of a police lieutenant, or its equivalent position or higher, in a law enforcement agency that employs peace officers as defined in section 109.71 of the Ohio Revised Code or a law enforcement agency as defined in United States Code 34 USC §10534(c)(2), or their successor statutes, and shall have served in that capacity beyond any probationary period applicable to that position.
The Chief of Police shall, upon appointment, serve a probationary period of one year. Upon the termination of the Chief’s service during a probationary period as Chief of Police, the Chief shall, if appointed from the Division of Police, revert to the civil service status held by the Chief at the time of appointment to the position of Chief of Police. After service of the probationary period, the Chief may only be removed from office for cause under Civil Service Rules and Regulations.
As a condition of employment, from and after the effective date of this section, the Chief of Police shall reside within Cuyahoga County or any county adjacent to Cuyahoga County during the Chief’s employment. In cases of new appointments or promotion, the Chief of Police shall have three months to comply with this section. Failure of the Chief of Police to comply with this section shall result in immediate termination without further action by the City.
The Chief of Police shall be the head of the Division of Police and shall have the authority and responsibility for the operation of the Division, for the proper maintenance of the apparatus of the Division, and for the discipline, duties and conduct of the members thereof.
The Chief of Police shall be responsible to and fully accountable to the Mayor for all activities, effectiveness and efficiency of the Division. The Chief shall establish standards and measures of performance to assure maximum service at optimum efficiency to the Municipality and its residents. (Amended 11-7-23)
(d) The Division of Fire shall consist of a Fire Chief and such other officers, firefighters and personnel as the Council shall deem necessary and advisable, all of whom shall be appointed in accordance with the provisions of this Charter and the Rules and Regulations of the Civil Service Commission.
The Fire Chief shall be appointed by the Mayor from a list of the top five (5) candidates who have successfully passed a civil service examination and may be from the Division of Fire and/or from outside of the Division of Fire provided that in order to be eligible to take a test for the position of Fire Chief, all applicants shall hold or shall have held the position of a fire lieutenant or higher in a municipal corporation and shall have served in that capacity beyond any probationary period applicable to that position.
As a condition of employment, from and after the effective date of this section, the Fire Chief shall reside within Cuyahoga County or any county adjacent to Cuyahoga County during the Chief’s employment. In cases of new appointments or promotions, the Fire Chief shall have three months to comply with this section. Failure of the Fire Chief to comply with this section shall result in immediate termination of employment without further action by the City.
The Fire Chief shall, upon appointment, serve a probationary period of one year. Upon the termination of the Chief’s service during a probationary period as Fire Chief, the Chief shall, if appointed from the Division of Fire, revert to the civil service status held by the Chief at the time of appointment to the position of Fire Chief. After service of the probationary period, the Chief may only be removed from office for cause under Civil Service Rules and Regulations.
The Fire Chief shall be the head of the Division of Fire and shall have the authority and responsibility for the operation of the Division, for the proper maintenance of the apparatus of the Division, and for the discipline, duties and conduct of the members thereof.
The Fire Chief shall be responsible to and fully accountable to the Mayor for all activities, effectiveness and efficiency of the Division. The Chief shall establish standards and measures of performance to assure maximum service at optimum efficiency to the Municipality and its residents. (Amended 11-8-88; 11-2-93)
(e) The Division of Building, Zoning and Housing shall consist of a Commissioner of Building, Zoning and Housing and such other personnel as the Council shall deem necessary and advisable. The Commissioner of Building, Zoning and Housing shall be appointed by the Mayor, subject to the approval of Council.
The Commissioner of Building, Zoning and Housing shall perform the duties of said Commissioner as set forth in the City’s Zoning Code and Building Codes, now in effect or hereafter adopted, and shall be the administrative head of the Division of Building, Zoning and Housing and shall have the authority and responsibility for the operation of the Division. The Commissioner of Building, Zoning and Housing shall be responsible to and fully accountable to the Mayor for all activities, effectiveness and efficiency of the Division.
Wherever the terms Building Inspector or Building Official are used in adopted Codes, such terms shall be construed and deemed to read as Commissioner of Building, Zoning and Housing.
(f) In the event of, and during the absence of, or disability of the Mayor as head of the Department of Public Safety, the Chief of Police shall be the acting head of the Department and the Chief of Police shall perform the duties of such position.
(g) The work of the Department of Public Safety shall be distributed among such divisions thereof as are established by this Charter or by ordinance of the Council.
(Amended 11-5-96; 11-3-09; 11-6-18)