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SECTION 1. General Provisions. A City Planning Commission, a Civil Service Commission and a Board of Zoning Appeals are hereby established by this Charter. The Council may establish by ordinance such other commissions or boards as it may deem necessary for the proper administration or trusteeship of any public fund, or for any proper municipal purpose. A member of any commission or board established by this Charter or by the Council conformably to this section shall be deemed an officer of this City within the meaning of this Charter. No person shall be appointed to any commission or board of the City who is related by blood or marriage to the Mayor or any member of Council.
SECTION 2. City Planning Commission. The City Planning Commission shall consist of the Mayor, one member of Council to be selected by the Council, and three electors of the City not holding other municipal office. The present members of the City Planning Commission, other than the Mayor and Councilman, shall continue to serve until the expiration of their respective terms, and their successors shall each be appointed by the Mayor for a tern of four (4) years. A vacancy occurring during the term of any member of the City Planning Commission shall be filled for the unexpired term in the manner authorized for an original appointment.
The City Planning Commission shall have such powers as may be conferred on it by ordinance of the Council concerning the plan, design, location, removal, relocation and alteration of any public buildings or structures or those located on public streets or property; the location, relocation, widening, extension and vacation of streets, parkways, playgrounds and other public places, the approval of plats for the subdivision of land; the zoning and rezoning of the City for any lawful purpose and such other powers as are now or may hereafter be conferred upon it by ordinance of the Council or the general law of Ohio.
SECTION 3. Civil Service Commission. The Civil Service Commission shall consist of three electors of the City not holding other municipal office to be recommended by the Mayor subject to consent and approval of a majority of Council to serve for terms of six years, except that the first appointments shall be for six, four and two years, respectively. At the time of any appointment not more than two members of the Commission shall be members of the same political party. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for an original appointment. A member of the Civil Service Commission may be removed by the Mayor subject to consent and approval of a majority of Council for neglect of duty, incapacity, incompetency, or malfeasance in office, but only after opportunity has been given for a public hearing before the Council , to be held at least ten (10) days after written charges have been made and notice thereof been given to the accused member. Such member shall be heard in person or by counsel; and such removal shall be final.
The Civil Service of the City is hereby divided into the unclassified and classified service.
1. The unclassified service shall include:
(a) All officers elected by the people.
(b) All directors, heads and chiefs of departments and divisions and their assistants.
(c) The Clerk of Council and Assistant Clerk.
(d) The City Engineer and Assistant Engineer.
(e) The members of all boards and commissions appointed by the Mayor or Council.
(f) All employees in the Department of Public Service and Properties.
(g) Any temporary or part-time office or any, position requiring qualifications of an expert.
2. The classified service shall comprise all positions not specifically included by this section in the unclassified service.
The Civil Service Commission shall make necessary rules for the appointment, promotion, transfer, lay-off, reinstatement, suspension and removal of persons in the classified service. In the case of hiring and in the case of promotion, the Commission shall make necessary rules with regard to eligibility lists and with regard to certification of the number and the names of candidates from eligibility lists and with regard to the process of selection and appointment of those certified. Before any such rules or amendments thereof shall become effective, they shall be published in writing and an opportunity given for a public hearing thereon to be held after reasonable notice thereof has been given by the Commission.
The Commission shall provide rules for the procedure of the Commission, for standardization and classification of positions, for competitive and noncompetitive tests, for qualifications in meeting reasonable requirements as to age, sex, physical condition and moral character, for investigating and keeping a record of the efficiency of the personnel in the classified service and for requiring reports relative thereto from appointing authority, for such other rules as may be necessary and proper for the enforcement of the merit system and for appeals from the action of appointing authority in the case of transfer, reduction or removal and the action of the Commission on any such appeal shall be final.
When a position in the competitive classified service is to be filled by appointment as a hire or as a promotion, the appointing authority upon making that determination shall notify the Civil Service Commission of that fact and the Commission shall certify to such authority the names and addresses of three candidates standing highest on the eligibility list for the class or grade to which such position belongs. The appointing authority shall appoint any one of the three persons certified to him, to such position. A candidate who has been considered for appointment or promotion at least three times may be decertified by the Commission without further cause and shall thereafter be removed and be ineligible from further consideration by the appointing authority until recertification of eligibility on a subsequent list.
The Commission shall report its proceedings to the Mayor or Council upon request, and shall make a report to the Mayor at the beginning of each fiscal year.
All persons who have been continuously employed in the service of the municipality in the same or similar position, herein included in the classified service for at least thirty days preceding the adoption of this Charter shall retain their positions until discharged, reduced, promoted, or transferred in accordance with the provisions of this Charter.
(11-8-1966), (9-9-1988), (11-3-2009)