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The civil service of the City is hereby divided into the unclassified (not subject to the examination herein provided) and the classified service.
(1) The unclassified service shall include:
(a) Officers elected by the people.
(b) The City Auditor and the secretary and the auditing assistants to the City Auditor.
(c) Directors of departments, Commissioners, and other heads of divisions.
(d) Members of boards or commissions, and the chief administrative officers thereof.
(e) The Mayor's Executive Assistant, secretary, and assistants.
(f) One (1) secretary for each department, board or commission.
(g) The legal assistants to the Director of Law.
(h) The Clerk of the Council and one (1) secretary to the Clerk of Council.
(2) The classified service shall comprise all positions not specifically included by this Chapter in the unclassified service and shall be divided into a competitive and non-competitive class.
(a) The competitive class shall include all positions and employments for which it is practicable to determine the merit and fitness of applicants by competitive tests.
(b) The non-competitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character, as may be determined by the rules of the Commission.
(c) By ordinance the classified service may be extended to include some portions of the unclassified service as determined by this section. Such ordinance, however, unless adopted by the Civil Service Commission as part of its code of rules, shall require the vote of two-thirds (2/3) of all members of the Council.
(Amended by electors 11-3-92)
The Commission shall adopt, amend, and enforce a code of rules which shall have the force and effect of ordinances providing as to all positions in the classified service for appointment and employment based on merit, efficiency, moral character and industry.
The rules shall provide:
(a) For the classification and standardization of all positions in the classified service.
(b) For open competitive examinations in the competitive class, to test the relative fitness of applicants for such positions. Employees of any public utility taken over by the City, who are in the service of said utility at the time of such acquisition, shall come under the provisions of the merit system without examination; but vacancies thereafter occurring in such service shall be filled from eligible lists in the manner herein provided.
(c) For public notice in the City Journal or otherwise of the time and place of all competitive examinations.
(d) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in such examinations or tests.
(e) For the rejection of applicants or eligibles who fail to comply with reasonable requirements as to age, sex, physical condition, and moral character, or who have attempted deception or fraud in connection with any examination.
(f) For the certification to the appointing authority from the appropriate eligible list to fill a vacancy in the competitive class, of the three persons standing highest on such list, or of the person or persons on such list when it contains three names or less.
(g) For temporary employment without examination, in the absence of an eligible list. But no such temporary employment shall continue after the establishment of a suitable eligible list.
(h) For temporary employment in emergency cases, for periods not to exceed thirty days.
(i) For non-competitive examinations for appointments to positions, requiring peculiar and exceptional qualifications of a scientific, professional, educational, or managerial character.
(j) For promotion based on competitive examinations and records of efficiency, character, conduct and seniority. Lists shall be created and promotions made therefrom of the candidates in the same manner as in case of original appointments. Any advancement in the rank or an increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable, vacancies shall be filled by promotion.
(k) For transfer from one position to a similar position in the same class and grade, and for reinstatement on the eligible list or to grade within one year, of persons who, without fault or delinquency on their part, are separated from the service or reduced in grade.
(l) For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty days at any one time.
(m) For discharge or reduction in grade or compensation, only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard in his or her own defense. The reason for such discharge or reduction, and reply in writing thereto by such employee, shall be filed with the Commission.
(n) For investigation and keeping a record of the efficiency of officers and employees in the classified service, and for requiring markings and reports relative thereto from appointing officers.
(o) For the publication of the rules and amendments thereto in the City Journal.
(p) For the establishment of a veterans preference credit for qualified veterans and disabled veterans seeking employment in the competitive class of the civil service of the City.
A veteran as defined herein who receives a passing grade on a competitive recruitment examination shall have five (5) numerical points added to his or her passing score.
A disabled veteran as defined herein who satisfies any physical requirements for the position, and receives a passing grade on a competitive recruitment examination, shall have ten (10) numerical points added to his or her passing score.
Nothing contained herein shall be construed as excepting any applicant from the necessity of fulfilling all job-related requirements specified by the Commission for positions in the competitive class. For the purpose of this provision:
(i) The term "Armed Forces" means the United States Army, Navy, Marine Corps, Air Corps, Air Force, Coast Guard, and such other military service or auxiliary corps as is designated by Congress.
(ii) The term "Active duty" means full-time duty in the Armed Forces other than active duty for training.
(iii) The term "active duty for training" means full-time duty in the Armed Forces performed by Reserves for training purposes.
(iv) The term "veteran" means a person who served in the Armed Forces on active duty for a period of more than one hundred eighty (180) consecutive days, and who received an honorable discharge or release or was separated under honorable conditions.
(v) The term "service connected" means, with respect to disability, that such disability was incurred or aggravated in the line of active duty.
(vi) The term "disabled veteran" means a person who has served on active duty in the Armed Forces, has been separated therefrom under honorable conditions, and has established the present existence of a service connected disability rated ten percent (10%) or more.
(Amended by electors 11-4-86)
The Commission shall adopt such other rules, not inconsistent with the foregoing provisions of this section, as may be necessary and proper for the enforcement of the merit system.
(Amended by electors 11-7-00)
Any person employed in the classified civil service of Toledo who is suspended, reduced in rank or dismissed may appeal from the decision of the officer issuing such order to the Civil Service Commission within ten days from and after the date of such suspension, reduction or dismissal. In such event said officer shall, upon notice from the Commission of such appeal, forthwith transmit to the Commission a copy of the charges and proceedings thereunder. The Commission shall hear such appeal within ten days from and after the filing of the same with the Commission, and may affirm, disaffirm or modify the judgement of the officer issuing such order and the Commission's judgement in the matter shall be final.
(Added by electors 11-6-37)
Upon the adoption of Section 172A, the existing Section 172-1, be and is hereby repealed.
(Added by electors 11-6-37)
When a position in the competitive classified service is to be filled, the appointing power shall notify the Civil Service Commission of the fact. The Commission shall thereupon certify to such appointing power the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belongs. The appointing power shall appoint to such position one of the three persons thus certified. When the eligible list contains fewer than three names, the appointing power, may appoint from such names as shall be certified. If there is not eligible list for such position, or when the eligible list has been exhausted, and until a new list can be created, names may be certified from eligible lists most nearly appropriate to the position to be filled. A person certified from an eligible list more than three times to the same or similar position may be omitted from future certifications; but certification for a temporary appointment shall not be counted as one of such certificates.
Except as otherwise provided in this Charter, all persons holding positions in the classified service of the City at the time this Charter takes effect shall be deemed to be in the classified service and shall retain their positions until discharged, reduced, promoted, or transferred in accordance with the civil service provision of this Charter. The Commission shall maintain a list of all persons in the classified service, showing in connection with each name the position held, the date and character of each appointment and of subsequent change in status. Each appointing officer shall promptly transmit to the Commission all information required for the establishment and maintenance of the list.
It shall be unlawful for the Treasurer to pay any salary or compensation for service to any person holding a position in the classified service, unless the payroll or account for such salary or compensation shall bear the certificate of the Commission that the persons named therein have been appointed or employed in accordance with the civil service provisions of this Charter.
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