(a) Membership. The Civil Service Commission shall consist of three (3) electors of the Municipality not holding other municipal office or appointment, to be appointed by the Mayor, with the approval of a majority of the members elected to Council. Each shall serve for a term of six (6) years except that one of the three (3) electors first appointed shall be designated by the Mayor to serve for a term of two (2) years and one for a term of four (4) years, all commencing January 1, 1959. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term by the Mayor with the approval of a majority of the members elected to Council.
(b) Officers. (Amended 11-3-70) The Commission shall designate one of its members as Chairman and may appoint a Secretary who need not be a member of the Commission and may hold other municipal office or appointment.
(c) Classification of Service. The Civil Service of the Municipality is hereby divided into the unclassified and the classified service.
The unclassified service shall include:
(1) All officers elected by the people;
(2) All directors of departments including Chief of Police and Fire Chief;
(3) The members of all boards or commissions appointed by the Mayor;
(4) All officers and employees appointed by the Council; and
(5) Unskilled labor.
The classified service shall include:
All other positions not specifically included in the unclassified service.
(d) Duties. (Amended 5-3-94) The Commission shall provide by rule for ascertainment of merit and fitness as the basis for appointment and promotion in the classified service of the Municipality, as required by the Constitution of the State of Ohio, and for appeals from the action of the Mayor in case of transfer, reduction or removal except as otherwise provided in this Charter, and the action of the Commission on any such appeal shall be final. The Commission shall keep a record of its proceedings. The general law of Ohio, except the Constitution, shall not apply to the civil service of this City.
Pursuant to this section of the Charter, the Civil Service Commission, through the home rule powers of the City of Warrensville Heights, is expressly authorized to adopt rules establishing the basis and method for determination of eligibility, certification, selection, appointment and promotion of candidates for positions in the classified service. Such rules adopted by the Civil Service Commission, pursuant to the home rule powers of the City of Warrensville Heights, shall supersede the requirements of the general law of the State of Ohio, except the Constitution.
(e) Compensation and Funds. Members of the Civil Service Commission shall serve without compensation unless otherwise provided by ordinance. A sufficient sum shall be appropriated by the Council to carry out the civil service provisions of this Charter.
(f) Removal and Suspension. (Amended 11-3-70) The Mayor may at any time remove any Commissioner for inefficiency, neglect of duty, misfeasance, nonfeasance or malfeasance in office, incapacity or incompetency, or for other good and just cause, having first given to such Commissioner a written copy of the charges setting forth the specific charges against him. Said Commissioner may demand in writing to the Clerk of Council, within ten (10) days after receipt of notice, a hearing before Council, either public or private at his option. Said hearing shall be held within thirty (30) days from the date of the Commissioner’s written demand upon the Clerk of Council for a hearing. Only upon the affirmative vote of the majority of the members of Council hearing such charges shall said Commissioner be removed from office, but in no event shall Council hear such charges unless there be a quorum present. In the event said Commissioner does not notify the Clerk of Council, in writing, within ten (10) days of his receipt of the charges set forth against him, then upon the expiration of said ten-day period, he shall be automatically removed from office and a vacancy shall exist. The Mayor may suspend a Commissioner pending final action to remove said Commissioner.
(g) Tenure, Political Activity Prohibited. No person about to be appointed to any position in the administrative service of Warrensville Heights shall sign or execute a resignation, dated or undated, in advance of such appointment. No person in the service of Warrensville Heights shall discharge, suspend, lay off, reduce in grade or in any manner change the official rank or compensation of any person in such service, or promise or threaten to do so, for withholding or neglecting to make any contribution of money or service, or any valuable thing for any political purpose. No person in the service of Warrensville Heights shall use his official authority to influence or coerce the political action of any person or body, or to interfere with any nomination or election to public office. No person in the classified service of Warrensville Heights shall act as an officer of a political organization or of a local group or club whose purposes are to propose and back local political candidates or take active part in a political campaign, or serve as a member of a committee of any such organization, or circulate or seek signatures to any petition provided for by the primary or election laws of the Municipality, or act as a worker in favor of or in opposition to any candidate for public office. Any person in the classified service of Warrensville Heights who violates this subsection shall immediately forfeit his employment and he shall everafter be ineligible for appointment to any classified position in Warrensville Heights.