(a) Administration. The Commission shall enforce the civil service laws and regulations applicable to the City. The Director shall be the administrative officer of the Commission, shall act on behalf of the Commission in administering the civil service laws and regulations, except where the authority is specifically reserved to the Commission. The Commission shall have the power to hear appeals regarding implementation of any civil service laws and regulations. Except as otherwise provided in this chapter, any person claiming to be adversely affected by any decision of the Director acting pursuant to this chapter shall have the right to appeal his decision to the Commission. The procedure on appeal shall be as provided in subsection (d) hereof.
(b) Civil Service Commission.
(1) The Municipal Civil Service Commission shall consist of three members appointed by the Mayor to serve six-year terms. At the time of any appointment not more than two Commissioners shall be adherents of the same political party. Vacancies in the Commission shall be filled by appointment by the Mayor for the balance of the unexpired term.
(2) The Commission shall select one of its members to serve as chairman, one as vice-chairman and one as secretary.
(3) The chairman shall preside over all meetings, sign the minutes of actions taken by the Commission, call such meetings as the Commission finds necessary to transact the business and affairs of the Commission, and represent and act for the Commission in the matters relating to civil service.
(4) The chairman may, on his own initiative, and shall, on request of the other two members of the Commission, call a meeting of the Commission, to be held not later than seven days after the notice of the meeting. In absence of the chairman, the vice-chairman shall act as chairman. Two members of the Commission shall constitute a quorum at any meeting of the Commission and it shall require the affirmative vote of at least two members to adopt any motion or resolution, or take any official action.
(5) The secretary shall be elected from the members of the Commission and shall keep the minutes of the Commission and administer the files thereof. The secretary shall also prepare and deliver notices, correspondence and other communications authorized by the Commission and shall maintain eligible lists. The secretary shall perform such other duties as may be required by the Commission.
(c) Suspension and Removal of Commission Member.
(1) The Mayor may suspend or remove any Commission member for neglect of duty, misfeasance, nonfeasance or malfeasance in office, having first given to such member a copy of the charges setting forth the specific complaint. An opportunity shall be given such member to be publicly heard before Council, in person or by counsel, in his own defense.
(2) A request for hearing before Council shall be filed with the Clerk of Council within ten days of receiving the charges. Only on the affirmative vote of the majority of the members of Council hearing such charges shall such Commission member be removed from office. In no event shall Council hear such charges unless two-thirds of the voting membership of Council is present.
(d) Appeals.
(1) Appeals from the decisions of the Director shall be filed within the ten days after the appellant is notified of his written decision and shall be perfected by filing a written notice of appeal with the Director specifying the grounds of the appeal. The Director shall within three days transmit to the Commission the notice of appeal and all other papers in his possession upon which his decision was made. The Commission may extend these times for good cause shown.
(2) Within seven days after receiving the notices and papers from the Director, the Commission shall fix a time for a hearing of the appeal. Said appeal shall be held within thirty (30) days and the appellant shall be given twenty (20) days prior written notice of the time and place of the hearing.
(3) The appellant shall be entitled to appear and be heard in person, or by his attorney; present his position and arguments; offer and examine witnesses and cross-examine witnesses; present and refute evidence; and proffer evidence if admission is denied. The Director shall have the same rights.
(4) The hearing shall be held in private unless the employee requests a public hearing in writing. Two members of the Commission shall constitute a quorum. Testimony taken at the hearing shall be taken under oath administered by the Commission and upon request, the Commission shall provide for a stenographer. The Commission shall have the power to subpoena and require the attendance of witnesses and the production of documents and records. The Commission may permit requests for discovery. To expedite the hearing, the Commission may order a prehearing conference or, at the request of the appellant or Director, shall order a pre-hearing conference.
(5) The procedure on appeal shall be as the Commission determines but compatible with the requirements of due process and fair, equitable and just treatment. However, the Commission shall not be required to observe the rules of evidence. The Commission may adopt its own rules of procedure which shall not be inconsistent with the provisions of this subsection (d).
(6) On appeal, the Commission shall consider the papers transmitted to it under subsection (d)(l) hereof and the additional evidence introduced by the parties. The Commission shall determine if the decision appealed from was illegal, capricious, unreasonable or unsupported by the preponderance of the evidence. It shall then either affirm, modify or reverse the decision.
(7) The Commission shall decide all appeals within thirty (30) days after the hearing or if briefs are permitted, the time shall be extended to allow fifteen (15) days for one brief from appellant and fifteen (15) days for one response brief from appellee, after receipt of appellant's brief. Its decision shall be in writing and shall state its findings of fact and conclusions of law. The written decision shall be transmitted to the appellant and the Director.
(8) The filing of the notice of appeal shall not stay the enforcement or implementation of the Director's decision unless ordered by the Commission.
(9) Upon the request of any party affected by a decision of the Commission or at the request of any member of the Commission, the Commission may reconsider any of its decisions for reasons of obvious error or the presence of new relevant facts not considered by the Commission. The request shall be made in writing and filed with the Commission no later than ten days after its decision is made and the parties are notified and shall specify the grounds for reconsideration. The Commission shall act upon such a request within ten days. If reconsideration is granted, the Commission shall render its decision within thirty days or shall fix a hearing date within such time, if necessary, and follow the procedures set forth in subsections (d)(2) to (7) hereof.
(10) The decision of the Commission shall be a final order appealable to the Court of Common Pleas under Ohio R.C. Chapter 2506.
(Ord. 4103. Passed 3-28-00.)