SECTION 90.01 Establishment of Re-Employment Lists

   Employees separated through no action of their own for such reasons as lack of work, lack of funds, class abolishments or other similar causes shall be placed on a re-employment list for classes of positions for which they are deemed eligible in the reverse order of their layoff.

   Permanent employees separated who are qualified and eligible shall be reappointed before certifications are made from regular eligible lists.

   A person shall remain on the re-employment list for a period of three (3) years.

RULE 100.00 - PAYROLLS

SECTION 100.01 Payroll Certification

   The Commission shall verify the payroll on an annual basis and certify that the persons named therein have been appointed or employed in accordance with the provisions of these rules and the Toledo City Charter.

RULE 110.00 - INVESTIGATION AND HEARINGS

SECTION 110.01 Authority to Investigate

   The Commission may make investigations concerning any matter pertaining to the enforcement of the Rules affecting the merit system, the City Charter or City ordinances relating thereto. Should a violation be uncovered, the Appointing Authority and the Mayor shall be notified and/or other appropriate action taken.

SECTION 110.02 Administering Oaths; Subpoena Powers

   Any Commission member or the executive head of the Commission Staff shall have power to administer oaths and affirmations to witnesses and to take testimony concerning any matter which the Commission has authority to investigate.

   The Commission shall have the power to subpoena and require the attendance of witnesses and the production of documents pertinent to the investigation.

SECTION 110.03 Conduct of Hearings

   Hearings before the Commission shall be conducted in an orderly manner. The object of the hearing shall be to ascertain the truth concerning the matters to which such hearing relates and the Commission need not strictly follow the rules of evidence usually applied by the courts in civil cases. Where the subject matter of the hearing is an appeal from a demotion, suspension, or removal, the following procedure shall be followed:

   a.    Hearings may be public except when the nature of the charge may be offensive to public morality and decency, in which case the Commission may order the hearing closed to the general public.

   b.    Each party may call witnesses to testify in his behalf. The Commission, on its own initiative, may call witnesses other than those called by either party if, in its judgment, the merits of the case so require. Subpoenas shall be issued for witnesses when requested by either party or by the Commission. In no instance shall more than five (5) witnesses be called by each party without consent of the Commission.

   c.    Hearings shall commence with a reading of the written statement of charges certified to the Commission. If the appellant has replied in writing to the charges, such reply shall next be read. If the appellant has not made a reply to the charges, he or his counsel may next make an oral statement of his objections to the charges. The removing officer shall begin the introduction of evidence and shall have the final rebuttal. Closing arguments will be permitted only with the permission of the Commission.

   d.    After notice of appeal is filed with the Commission, no material amendment may be made to the statement of the charges made at the time of demotion, suspension or dismissal. If the appellant files with the removing officer a written reply to the charges, such reply may not be materially amended. In all cases, the issues involved shall be confined to the truth or falsity of the allegations in the statement of charges.

   e.    In appeals from the order of the Director of Public Safety or Appointing Authority demoting, suspending or removing any classified employee, the complete transcript of testimony taken at the hearing before the Director of Public Safety or Appointing Authority, and filed with the Commission, may be heard as transcript of the testimony, in lieu of an oral hearing.

   f.    Upon the completion of all evidence introduced, the Commission may render its decision immediately, or may take the matter under advisement and render its decision within a reasonable time thereafter.

   g.    A copy of the decision shall be transmitted to the Appointing Authority and the appellant.

   h.    If the appellant shall fail to appear at the time fixed for the hearing, the Commission may hear the evidence and render judgment thereon. If the Appointing Authority or his authorized representative fails to appear at the time fixed for the hearing, and if no evidence be offered in support of his charges, the Commission may render judgment as by default or may hear evidence offered by the appellant and render judgment thereon.