(a)   Composition and Term.  The Civil Service Commission shall consist of three (3) qualified electors of the Municipality who shall hold no other municipal office.  The three (3) members shall be appointed by the Mayor, subject to approval by Council, one (1) to serve a term of one (1) year, one (1) to serve a term of two (2) years, and one (1) to serve a term of three (3) years.  In the event that any vacancy shall not be so filled within sixty (60) days, any member of Council may nominate a qualified individual to fill the vacancy, subject to the approval of a majority of the members of Council.  Their successors shall serve a term of three (3) years.  Commission members shall serve without compensation.  Commission members shall have been continuously a resident of the Municipality, or in territory subsequently annexed thereto, or in the Municipality and annexed territory in any combination, continuously for at least two (2) years immediately prior to the date of their appointment.  A vacancy occurring during the term of any member of the Civil Service Commission shall be filled for the unexpired term in the manner provided herein authorized for an original appointment.  At the first meeting each year, the Commission shall elect a Chair and a Vice-Chair from three (3) members for the remainder of the calendar year.
   (b)   Powers and Duties.  The Civil Service Commission shall provide by rule for the ascertainment of merit and fitness as the basis for appointment and promotion of all employees 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 Municipal Administrator in cases of transfer, suspension, reduction or removal of such employees.  To the extent legally permissible, the action of the Commission on any such appeal shall be final.  The Commission shall adopt such other rules as may be necessary and proper for the enforcement of the merit system and for the procedures of the Commission.  The Commission shall have other powers and duties as may be assigned by ordinance.
   (c)   Conflicts with State Law.  The civil service rules, civil service regulations, and civil service statutes of the State of Ohio shall not apply to the classified service of the Municipality.  All rules and regulations of the Civil Service Commission adopted under the authority of this Charter shall supersede any conflicting provisions of any administrative rule, regulation, or statute of the State of Ohio.
   (d)   Unclassified and Classified Service.  The service of the Municipality is hereby divided into the unclassified and classified service.
      (1)   The unclassified service shall include:
         (i.)   Members of the Council;
         (ii.)   The Municipal Administrator;
         (iii.)   Municipal Law Director;
         (iv.)   Clerk of Council;
         (v.)   Municipal Treasurer;
         (vi.)   Assistant Municipal Administrator;
         (vii.)   Assistant to the Municipal Administrator;
         (viii.)   Assistants or Deputies to the Municipal Law Director and Clerk of Council;
         (ix.)   Heads of all departments, divisions, bureaus, and offices;
         (x.)   Assistants or deputies to all department, division, bureau and office heads;
         (xi.)   Secretaries to the Administrator or the head of any department or division;
         (xii.)   Members of boards, commissions, and committees;
         (xiii.)   All positions requiring exceptional or professional qualifications or holding a fiduciary or confidential relationship to the Council, the Municipal Administrator or the head of a department or division, as determined by Council;
         (xiv.)   Clerks;
         (xv.)   Zoning Inspectors;
         (xvi.)   Engineering Technicians;
         (xvii.)   Laborers;
         (xviii.) Volunteer members of the Fire Department;
         (xix.)   Seasonal, temporary or part-time employees.
      (2)   The classified service shall include all positions not designated in this Charter as within the unclassified service.
(Enacted 11-6-07; 11-2-10; 11-7-17)