(A) There is hereby created a Civil Service Commission consisting of three persons to be appointed by the Mayor subject to approval by the Council by a majority vote of its members. Not more than two members of the Commission shall be of the same political party.
(B) The persons serving as members of the Civil Service Commission under the general statutory plan of government for the City are hereby designated as members of the Civil Service Commission under this Charter with all the powers, duties and functions of members of the Civil Service Commission as provided in this Charter, and those persons shall serve until the end of the term to which they were appointed. Subsequent appointments to the Civil Service Commission shall be made pursuant to Division (A) of this Section for six year terms of office.
(Amended 11-8-77.)
(C) The Civil Service of the City is hereby divided into the classified and unclassified service.
(1) The classified service shall include the following positions and such other positions as may now or hereafter be designated as classified by ordinance of Council.
(a) All full-time Police officers employed in the Police Department and all full-time fire fighting personnel employed in the Fire Department.
(b) The Chief of the Police Department, and
(c) The Chief of the Fire Department.
(2) The unclassified service shall include the following positions not classified in Section 7.04 (C)(1), and such other positions as may now or hereafter be designated as unclassified by ordinance of Council.
(a) All elected officers of the City.
(b) All officers, employees, board or commission members of the City appointed by the Mayor, with or without approval of Council, and
(c) All officers and employees not specifically designated as in the classified service by this Charter or ordinance of Council.
(Amended 11-3-81.)
(D) The general laws of the State of Ohio regarding selection, testing, appointments, promotion, demotion, discipline and removal of employees of the City shall be enforced unless otherwise provided in this Charter; and provided that the Council shall have the power to adopt by ordinance or resolution rules and regulations prescribing the procedures for the selection, testing, appointment, promotion, demotion, discipline and removal of employees within the classified service of the City, subject to the provisions of this Charter, which rules and regulations may modify, supplement, or supersede the laws of the State of Ohio, and in the case of conflict shall prevail over the laws of the State of Ohio.
(Amended 11-6-01)
(E) The City Administrator shall have the power to appoint, discharge and discipline all employees of the City except that:
(1) The Mayor shall have the power to appoint, discipline and, subject to the provisions of Section 6.01(A) and Section 6.03(A), discharge the City Administrator, the Director of Finance, the Chief of the Fire Department, the Chief of the Police Department and such other officers as may be specified by this Charter.
(2) The Director of Law shall have the power to appoint, discharge and discipline all employees within the Department of Law.
(3) The Municipal Court Judge shall have the power to appoint, discharge and discipline all employees within the municipal court.
(4) The Council and all Boards and Commissions, by a majority vote of the members of those respective bodies, shall have the power to appoint, discharge and discipline employees of those bodies.
(Amended 11-8-11)
(F) All employees within the unclassified service of the City may be discharged without cause by the appropriate appointing authority. Employees within the classified service of the City may be discharged, suspended, demoted or otherwise disciplined by the appropriate appointing authority for any of the following causes:
(1) Misfeasance, malfeasance or nonfeasance in their position of employment.
(2) Neglect of their duty, insubordination or conduct unbecoming an employee of the City.
(3) Abuse of the vacation, sick or other leave policies of the City.
(4) Incompetence in the performance of their duties, including but not limited to incompetence due to physical or mental conditions.
(5) Any other cause that may be specified by ordinance or resolution as a uniform rule.
(6) Violation of executive orders, applicable departmental or city-wide policies and procedures, work rules for their respective departments, or safe work practices.
(Amended 11-8-77; 11-6-01)