WESTLAKE, OHIO
The Civil Service Commission has the duty and authority to adopt and enforce rules for the classification of positions in the civil service of the City; for examinations and resignations therefor; for appointments, promotions, removals, transfers, layoffs, suspensions, reductions and reinstatements therein, and for standardizing positions and maintaining efficiency therein.
The Civil Service Commission shall have the opportunity to adopt rules to govern its proceedings and fulfill its duties hereunder and such rules may conflict with provisions of State Law and in such event, rules adopted by the Commission shall supersede provisions of State Law and shall be determinative and govern the Commission's proceedings.
TABLE OF CONTENTS
RULE I ADMINISTRATION
RULE II DEFINITIONS
RULE III POSITION CLASSIFICATION
RULE IV OFFICIAL RECORDS
RULE V APPLICATIONS
RULE VI EXAMINATIONS
RULE VII RATING COMPETITORS
RULE VIII ELIGIBLE LISTS
RULE IX APPOINTMENT
2.1 Certification Requirements for Firefighters.
RULE X REINSTATEMENT, LEAVES OF ABSENCE, AND LAYOFFS
RULE XII HEARING PROCEDURE
RULE XIII POLITICAL ACTIVITY
RULE XIV WAIVER OF RULES
The purpose of the Westlake Civil Service Commission is to encourage the employment of competent civil employees, to render their civil position secure in a changing political scene and to promote their orderly advancement to positions of higher grade.
The following set of rules and regulations is thus prescribed and adopted under and by virtue of the authority conferred upon this Civil Service Commission of the City of Westlake, Ohio, by the Westlake Charter, the Constitution of the State of Ohio and the Revised Code of the State of Ohio.
The authority granted to the Westlake Civil Service Commission is conferred upon it by the Westlake City Charter and the Constitution of the State of Ohio.
The Civil Service Commission shall meet as often as necessary to properly discharge its duties and powers as required under the Westlake City Charter, the Ohio Constitution of the State of Ohio and Ohio Revised Code.
At least one annual meeting of the Civil Service Commission shall be held at City Hall on the second Tuesday of January. At the annual meeting, the Commission shall designate one of its members to act as Chairman for the ensuing year.
Upon the request of any member of the Commission, the Chairman, or in his absence another member of the Commission, shall call a meeting of the Commission.
At any meeting, two members of the Commission shall constitute a quorum and it shall require the affirmative vote of at least two members to adopt any action. In the absence of the Chairman at any meeting, the remaining members shall designate a temporary Chairman.
Unless otherwise determined by the Commission, the order of business and proceedings at all meetings of the Commission shall be governed by Robert's Rules of Order.
The Civil Service Commission shall not amend, repeal or adopt any new rule at the same meeting at which it is proposed. No final action to amend, repeal or supplement rules shall be taken in less than seven (7) days after its proposal at a regular scheduled or special meeting of the Commission and until after a public hearing, of which the Commission shall give notice by issuing an official bulletin to be posted in the City Building at least five days before the hearing in the office of the Commission. Amendments to the rules shall be furnished to any citizen upon request.
The Commissioner who acts as Chairman shall call such meetings of the Commission as are necessary to transact the business and affairs of the Commission and preside at meetings of the Commission.
A suitable person shall be appointed by the Civil Service Commission to act as the Commission Clerk. Such person shall serve at the will of the Commission, need not be a member of the Commission, may hold other municipal office or appointment, and shall receive remuneration as the City Council may determine and fix. The duties of the Commission Clerk shall be to take minutes of all meetings, prepare correspondence, and perform such other services as may be required by the Commission.
Transmitting of information between the Civil Service Commission, appointing authority and legislative and clerical functions of the City shall be formal communications. Requests for eligibles, etc., shall be by specific correspondence and the copies of City ordinances pertaining to the operations of the Commission shall be forwarded by the Clerk of Council to the Commission for its action.
"Civil Service" shall include all offices and positions of trust or employment in the service of the City of Westlake.
The masculine noun or pronoun as used herein shall include the feminine.
(Amended 4-5-07)
"Classified service" means full-time police officers, firefighters/paramedics and other full-time sworn members of the departments of police and fire pursuant to Charter Article IV, Section 12.
(Amended 4-5-07)
"Position classification" shall mean the arrangement of positions into classes including grades.
"Municipal service" shall include those positions in the classified civil service of the City of Westlake.
"Position" when used by itself shall mean any specific full-time office, employment or job calling for the performance of certain duties, and for the exercise of certain responsibilities by one individual. (Amended 4-5-07)
"Appointing authority" shall mean the Mayor or his designee.
"Employee" shall mean any person holding a position subject to appointment, removal, promotion or reduction by an appointing authority.
"Regular appointment" shall mean any appointment in the Civil Service to a position normally involving continuous year round service.
"Regular employee" shall mean an employee with a regular appointment who has successfully fulfilled his probationary period.
"Probationary period" shall mean the original period of paid employment of an initial appointment or a promotional appointment during which the ability and personal qualifications of the appointee are confirmed.
"Provisional appointment" shall mean a temporary appointment made to a position in the classified service without competitive examination for no more than one hundred twenty days because a vacancy exists but there is no eligible list.
"Temporary/Emergency Appointment" shall mean a temporary appointment made to a position in the classified service without competitive examination for sixty (60) days made necessary by reason of sickness or disability of a regular employee or urgent or emergency needs of the City.
"New position" shall mean the creation of a position not previously in existence, by the City Council.
“Applicant” shall mean any person applying for and/or taking an entrance or promotional examination.
"Entrance examination" shall mean any examination given by or at the direction of the Civil Service Commission for the City of Westlake for an original appointment. (Amended 7-12-19)
"Promotional examination" shall mean an examination given by or at the direction of the Civil Service Commission of the City of Westlake to fill a vacancy to a classification superior to that held by the applicant. (Amended 7-12-19)
"Eligible list" shall mean a list of names of persons who have been found qualified through suitable tests, for employment in positions of a specified position classification, arranged in the order of merit and from which certification for an original or promotional appointment is to be made.
"Promotion or advancement" shall mean a transfer made in accordance with the rules of the Civil Service Commission from a lower position classification to a higher position classification which may involve an increase in responsibilities and a change in classification title.
"Temporary promotion" shall mean an assignment, for sixty days, of an employee to a higher position classification with corresponding remuneration.
"Annual leave" shall mean the hours per year specified by Council for which remuneration will be paid for time not worked except for sick leave.
"Sick leave" shall mean the hours not worked due to bona fide illness for which Council has authorized remuneration.
"Leave of absence" shall mean scheduled hours not worked, with prior approval by competent authority and without remuneration.
Positions in the Civil Service of the City of Westlake shall be classified by the Commission in accordance with the Guidelines established by the Westlake City Council.
A "job description" shall be prepared for each position setting forth the position title, typical duties, responsibilities, and necessary qualifications. It shall set forth the factors and conditions which are essential characteristics of the position and also factors and conditions which separate it from other positions.
Whenever a new position is established or the duties and/or pay of existing positions are so changed that the old position no longer exists, the appointing authority shall so notify the Civil Service Commission. General pay increases do not fall within this category. The appointing authority shall prepare a new job description and pay rate and provide such other information as the Civil Service Commission may require.
Under the direction of the Commission, the Clerk of the Civil Service Commission shall keep a minute record of such official actions of the Commission as are required under the law or under the rules of the Commission including the following:
(a) All classified employees, including probationary, provisional and reinstatements.
(b) Temporary promotions and assignments of employees to work other than that embraced by their classification.
(c) Appeals from dismissal, demotion or suspension.
(d) The list of eligible candidates for classified appointments together with the record of replacement and removals thereto.
(e) Changes in the promotion classification of individual employees.
(f) Examination schedules.
(g) List of special examiners.
(h) Transfers from one department to another.
(i) A record of provisional appointments.
(j) Annual reports.
(k) Minutes of meetings.
On behalf of the Civil Service Commission, the Commission Clerk shall maintain a list showing the full name, title and rate of pay of all employees in the classified service.
No payroll or account for payment of wages or salary to any person in the classified service shall be certified or approved for payment by the Commission if such name has not been placed on the classified employee list in accordance with the provisions of this Section.
The examination papers of those who have qualified shall be preserved until the expiration of the eligible list on which their names appear, but the examination papers of those who have failed to qualify may be destroyed after sixty days from the announcement of the outcome of the examination.
Job descriptions shall be kept of all civil service positions and shall include position classification, title, minimum qualifications, responsibilities, duties and references to the official classified employee list.
An applicant for a Civil Service examination must be a United States citizen or have legally declared his intention of becoming a United States citizen.
Upon regular appointment to the Westlake Fire Department, the firefighter-paramedic must maintain residence within the counties of Cuyahoga, Erie, Huron, Lorain, Medina, Summit, Lake, Geauga or Portage.
An applicant for original appointment as a police officer shall be at least twenty-one years of age at the time of appointment. An applicant for original appointment as a fire fighter shall be at least nineteen years of age at the time of appointment. No applicant shall be eligible for an original appointment as a police officer or fire fighter on or after his/her forty-fifth birthday.
(Amended 6-18-24.)
No question in any application shall in any way relate to the political or religious affiliation or to the racial or ethnic origin of the applicant. Nor shall any appointment, promotion or removal from the classified service be influenced in any manner by politics, religion, race, ethnic origin or gender of the applicant, unless the position, because of its duties, requires a person of a certain
gender.
No educational requirement shall be made a condition of taking an examination except in respect to professional or other positions where education and training are necessary to the performance of a specific job or professional pursuit or when such requirements are imposed by statute or federal regulations.
(a) For all original appointments, an applicant shall be required to pass a physical examination, including drug and alcohol testing and/or a stress test before certification for appointment.
(b) For all original appointments, an applicant shall be required to submit to a psychological assessment. Such assessment may be required before certification of appointment.
(c) The Chief of Police or Fire shall designate who will administer the exam/assessment and the person or company so designated shall submit a full report on same to the Chief.
(Amended 4-19-24.)
Any applicant for a position in the classified civil service which position requires the operation of motor vehicles shall meet the following minimum requirements prior to being appointed:
(a) Shall not have more than six (6) points on the applicant's driving record within the last two (2) years under the State of Ohio point system for motor vehicle violations, Ohio R.C. 4507.40. If the applicant has not held an Ohio driver's license for at least two years prior to appointment, the offenses charged to such persons driving record in another state shall be assessed points for purposes of determining compliance with this requirement in accordance with Ohio's point system for motor vehicle violations, Ohio R.C. 4507.40.
(b) The applicant shall not have had a conviction under any statute or ordinance for driving while under the influence of alcohol or drugs or driving with a prohibited alcohol concentration in one's blood, breath or urine or for operation of an automobile in willful or wanton disregard of the safety of persons or property within the last five (5) years.
(c) The applicant shall, prior to appointment, obtain such Ohio driver's license as is required to lawfully operate the motor vehicle required for the position.
Applications shall be furnished by the Commission, or on behalf of the Commission, by a testing company at the Commission's request. Applications for lateral hires shall be furnished by the Department of Human Resources pursuant to Article IX, Rule 1, (b). All applications shall be signed and sworn or affirmed to and kept on file in the Office of the Commission.
(Amended 7-12-19; 10-25-21.)
The Civil Service Commission may reject any application for cause or refuse to examine an applicant and after examination, refuse to certify an applicant as eligible. The following reasons may be sufficient to reject an application, to refuse to examine an applicant, or to certify an applicant as eligible:
(a) That the applicant lacks any of the minimum qualifications as set forth in the official class specification or job description or does not meet the physical requirements of the position to which he seeks appointment.
(b) That the applicant is not within the prescribed age limits.
(c) That the applicant has made false statements in his application of any material fact, or practiced or attempted to practice any deception or fraud in his application or in the examination in establishing his eligibility or securing his appointment.
(d) That the applicant is addicted to the habitual use of intoxicating beverages or drugs, has been convicted of a crime, or who has been dismissed from previous employment for delinquency or misconduct.
(e) That the applicant was previously in the Civil Service in the same or any type of employment and was removed for cause or did not resign in good standing.
(f) That the applicant after notification did not promptly present himself at the time and place designated for examination.
(g) That the application was not submitted by the established deadline or was incomplete when submitted or was not submitted in accordance with posted requirements.
(a) Notice of a competitive examination shall be given once through a local newspaper of general circulation and by posting a notice conspicuously in the Office of the Civil Service Commission, on the City Hall Bulletin Board and in such other place as may be deemed advisable, not less than thirty consecutive days prior to such examination.
(b) Notice of a competitive promotional examination shall be given by posting a notice conspicuously in the Office of the Civil Service Commission, on the City Hall Bulletin Board and in conspicuous places in the departments whose employees may be eligible for such examination. Such notice shall be posted not less than thirty consecutive days prior to the examination.
(Amended 11-2-17.)
(Amended 11-2-17.)
Examinations may be held at such times and places as the Commission deems advisable and shall be administered under the direction of the Commission in accordance with Commission policy. Examinations may be postponed or canceled by order of the Commission. The Civil Service Commission shall refund application fees to all applicants when an examination is canceled.
The Commission shall have the right and option to fix reasonable fees for the privilege of taking the entrance examinations. Said fees will be used to offset the cost of administering said examinations and shall be payable prior to examination. All fees collected directly by the Commission shall be paid into the municipal depository. (Amended 7-12-19)
The identity of all persons taking competitive assembled examinations shall be concealed from the examiner by the use of an identification number which shall be used on all examination papers. This number shall be used from the beginning of the examination until papers have been rated. Any paper bearing the name of the applicant or any other identification mark shall be rejected and the applicant so notified.
Entrance examinations shall be practical in character and shall relate directly to those matters which fairly test the relative capacity of the person examined to discharge the practical duties of the position for which application is sought. No examination question shall relate in any way to the political or religious affiliation, racial or ethnic origin or gender of the applicant.
The examination held to establish a list of eligibles for any class shall consist of one or more of the following parts:
Oral Interview. This part may include a personal interview with all applicants. An oral test may also be used in examinations where a complete written test is unnecessary or impractical.
Training and Experience. This part shall be evaluated from the statements of education and experience contained in the application form or from such supplemental data as may be required.
Written Test. This part, when required, shall include a written demonstration designed to show the familiarity of applicants with the knowledge involved in the position to which they seek appointment.
Performance Test. This part, when required, shall include such tests related to performance and job related skills that measure the applicant's ability to handle a variety of workplace situations (i.e. assessment centers).
Physical Tests. This part, when required, shall consist of tests of bodily condition, muscular strength, agility and physical fitness for duty. Such tests may be given weight on the examination or may be used in excluding applicants who do not meet the minimum required from further parts of the testing process.
Other Tests. This part, when required, shall include tests to determine general intelligence, personality traits, aptitudes and physical examinations and/or psychological assessments. (Amended 7-12-19)
Promotional examinations shall be competitive and practical in character and shall relate to those matters which will fairly test the relative capacity of the person examined to discharge the duties of the position for which promotion is sought. Promotional examinations may include an evaluation of such factors as education, training, capacity, knowledge, manual dexterity and fitness for duty. Physical examinations, psychological assessments and/or tests related to performance and job related skills that measure the applicant's ability to handle a variety of workplace situations (i.e. assessment centers) may be required by the Commission. (Amended 7-12-19)
No applicant shall be admitted to any assembled examination after the advertised time for beginning such examination. When an examination is administered electronically during an open period of time, no applicant shall be permitted to sit for the examination after the expiration of the advertised examination period. When an applicant has completed an examination, submitted it to the person in charge or electronically as may be applicable, and left the examining room, the applicant will not be readmitted to the examining area. (Amended 7-12-19)
Applicants needing more time than what is allowed to complete an examination or needing other accommodation during the testing process due to a disability, shall comply with the procedures applicable to the type of examination given as follows:
(a) For examinations administered by the Commission, applicants shall provide such request to the Clerk of Commissions at the time of submittal of the application with all supporting documentation. Applicants will be notified of the approval or disapproval of such requests in writing prior to the examination.
(b) For examinations administered electronically by a testing entity on behalf of the Commission, applicants shall follow the testing entity's policies and procedures for accommodation requests.
(c) For physical fitness for duty (i.e. agility tests), applicants shall submit all accommodation requests to the testing entity and follow the testing entity's policies and procedures for accommodation requests. (Amended 7-12-19)
After a promotional examination (excluding written parts of an Assessment) has been held and prior to the grading of such examination papers, each participant in said promotional examination shall have a period of five (5) days, exclusive of Saturdays, Sundays and holidays, to inspect the questions, the rating keys or answers to the examination and to file any protest he may deem advisable. These protests shall be in writing and shall remain anonymous to the Commission. All protests with respect to rating keys or answers shall be resolved by the Commission within a period of not more than five (5) days, exclusive of Saturdays, Sundays, and holidays, and its decision shall be final. If the Commission finds an error in the rating key or answer it shall publish a revised rating key within five (5) days of its finding of such error or errors. The revised rating key or answer shall then be available to participants for a period of five (5) days, exclusive of Saturdays, Sundays, and holidays, subsequent to such determination of error or errors.
After the grading of a written examination or Assessment, any participant in the written examination or Assessment who deems his written examination or Assessment score has been incorrectly calculated by the Commission, shall have the right to appeal to the Commission within ten (10) days of notification of participant's score.
Inspection shall not be permitted of standardized tests prepared by experts, where such inspection would tend to reduce the validity of the test results.
(Amended 3-3-14.)
(Amended 3-3-14.)
The total grade obtainable in each examination, except for additional credits, shall be 100%. In examinations composed of more than one part, the method of scoring or weighing shall be determined by the Commission. A flexible passing point may be used at the discretion of the Commission provided that the method of grading, under the flexible passing point is established prior to administrating the written examination by the Commission. The passing grade for any examination shall be determined by the Civil Service Commission.
In the event an applicant for an original appointment to a position in the classified service receives a passing grade on his or her examination, he or she shall be entitled to receive an additional percentage of such as set forth below for active military service.
(a) Any person who has completed service in the uniformed services, who has been honorably discharged from the uniformed services or transferred to the reserve with evidence of satisfactory service, and any member of a reserve component of the armed forces of the United States, including the Ohio National Guard, who has completed more than one hundred eighty days of active duty service pursuant to an executive order of the president of the United States or an act of the Congress of the United States, may file a certificate of service or honorable discharge with the Commission, and upon this filing, the person shall receive 5% additional credit of passing grade.
(b) An applicant who wishes credit for military service shall be required to furnish the Civil Service Commission by the testing date, proof of honorable discharge and length of service through applicant's most recent DD214 or other documentation of service from the Office of Military Personnel as deemed acceptable by the Commission. Failure to do so shall result in no credit being given.
(Amended 11-2-17.)
(Amended 11-2-17.)
In the event that the applicant for a promotion receives a passing grade on his or her complete examination, as of the date of the written examination, or the date of the last day of the assessment center if no separate written examination is provided for, he or she shall be entitled to an additional credit of no more than 5% of the total grade for seniority, and no more than 5% of the total grade for education which shall be determined in the following manner:
(a) For each year of service in the City, the applicant shall receive .33% credit per year up to a maximum of 5%. Only service in the City of Westlake shall be considered in computing seniority.
(b) 5% for completion of a bachelor's degree or 3% for completion of an associate's degree in criminal justice, business management, business administration or public management or related degree, for applicants taking the Police Chief's examination. 5% for completion of a bachelor's degree or 3% for completion of an associate's degree in fire science, business management, business administration, public management or related degree, for applicants taking the Fire Chief's examination. (Amended 9-20-23.)
(c) Notwithstanding the above, effective January 1, 2017 and thereafter, no education extra credit shall be given for promotional examinations for the positions of Chief of Police or Fire as a degree will be required pursuant to Rule IX, Section 5.1.
(Amended 3-3-14.)
From the returns of each entrance and/or promotional examination, the Civil Service Commission shall prepare and keep open to the public inspection an eligible list of the persons who attained a passing grade in the examination and who are otherwise eligible. The actual grade of any applicant shall not be posted. Such persons shall take rank upon the eligible list on the order of their relative grades, including any additional credit.
Whenever it becomes necessary to hold a subsequent examination to obtain additional eligibles, the Commission may consolidate existing lists for the same class by rearranging the names of those eligible therein according to their grade. The person whose names appear on the existing list which is to be merged with a new list shall have the right to compete in the second examination. Those choosing not to compete in the second examination shall carry the same grade, but not necessarily the same ranking as in the first examination.
In the event that two or more applicants for a position have identical ratings after examination, testing and rules for additional credit as therein provided, are applied, then the applicant whose application was received first by the Commission shall have the higher ranking of the other applicants with identical ratings.
The duration or eligibility of each entrance list and the names appearing thereon shall be fixed by the Commission at not less than one year and not more than two years. The term of the duration of the eligibility list commences on the date of certification of the list by the Commission, said date being in the minutes of the Civil Service Commission. Any list that has been in effect for more than one year may at the discretion of the Commission be terminated at any time in the public interest.
The term of eligibility of each promotional list and the names appearing thereon shall be fixed by the Commission for two years from the date of certification of the list by the Commission, said date being recorded in the minutes of the Civil Service Commission, be terminated at the end of two years without exception.
The name of any person appearing on an eligibility list shall not be certified for appointment if he:
(a) Fails to report for an interview at the request of the Police or Fire Chief or the appointing authority, or if unable for good cause to attend such an interview, fails to arrange for an interview to take place within six days (Sundays and holidays excluded) from the date of the originally scheduled interview.
(b) Fails to respond to a notice from the Civil Service Commission.
(c) Declines an appointment without reason satisfactory to the Civil Service Commission.
(d) He cannot be located by the postal authorities.
(e) He does not pass to the satisfaction of the Civil Service Commission:
(1) A physical examination given by a doctor selected by the appointing authority.
(2) And when required, a psychological examination conducted by an approved professional as appointed.
The eligible person shall be notified to this effect unless his whereabouts are unknown. His name may again be certified from the eligibility list only after a thoroughly satisfactory explanation of the circumstances is made to the Commission.
If at any time after the creation of an eligibility list, the Commission has reason to believe that any person whose name appears on any list is disqualified for appointment because of false statement made in his application, failure to provide all information as required, physical disability, or for other comparable reasons, such person shall be notified and given an opportunity to be heard. If such person fails to appear for a hearing, or upon being heard, fails to satisfy the Commission, his name shall be removed from such eligibility list.
Each person on an eligibility list shall file with the Commission written notice of any change of address, and failure to do so may be considered sufficient reason for not certifying his name to appointing authorities in the future appointments.
An eligibility list may be revoked and other examination ordered only when in the judgment of the Commission, such action is deemed advisable by reason or errors, fraud or obviously inappropriate standards prescribed in connection with any examination. All competitors in the first examination shall be notified and shall be eligible to compete in rescheduled examination without filing a separate application. No eligibility list shall be altered or revoked except upon written notice to all persons whose standing may be affected and upon an entry in the minutes of the Commission for the reasons for such alteration or revocation.
There shall be two methods for original appointment of a firefighter or police officer into the Classified Service:
(a) Civil Service examination with placement on certified list; or
(b) Lateral hire.
In either case, a candidate must conform to certain minimum qualifications of the rules of the Civil Service Commission. (Amended 10-25-21.)
(a) Civil Service Examination Process. The Mayor or the appointing authority of the Department in which the position in the Classified Service is to be filled shall notify the Commission of the fact and the Commission shall certify to the appointing authority the names and addresses of the ten (10) candidates standing highest on the eligibility list for the class or grade to which said position is classified, except that provisional and lateral appointments may be made without competitive written examination.
If the appointing authority finds with cause that none of the certified persons are suitable for appointment, the Commission, if it concurs, shall certify the next ten (10) names from the eligible list, provided the Commission may certify less than ten (10) names if ten (10) names are not available. When less than ten (10) names are certified to the appointing authority, appointment from that list shall not be mandatory.
In the event that an eligible list becomes exhausted, through inadvertence or otherwise, and
until a new list can be created, or when no eligible list for such position exists, names may be certified from eligible lists which the Commission determined to be the most appropriate for the group or class in which the position to be filled is classified.
(b) Lateral Hire Process. Applicants will submit an employment application to the Department of Human Resources. Applicants shall conform to all minimum requirements of the Civil Service Commission Rules for appointment unless otherwise stated herein and shall meet the following pre-requisites:
(1) Applicant must have previously been employed with an Ohio political subdivision as a full-time firefighter for a Westlake firefighter position or as a full-time police officer or Ohio State Trooper for a Westlake police officer position.
(2) Applicants for position of firefighter shall meet the following additional pre-requisites at the time of application and appointment:
A. Applicant’s current or previous employment shall have been the result of a Civil Service examination process for firefighter.
B. Applicant must possess a State of Ohio Firefighter II Certificate and State of Ohio EMT-Paramedic Certification and be current with all applicable educational requirements.
(3) Applicants for the position of police officer shall meet the following additional pre-requisites at the time of application and appointment:
A. Applicant’s current or previous employment shall have been the result of Civil Service examination process for police officer or Ohio State Trooper.
B. Applicant must be OPOTA or Ohio State Trooper certified.
(c) The Police/Fire Chief will review applications and determine which applicants meet the lateral hire criteria. Prior to appointment, lateral hire candidates shall submit to the following: background investigation, polygraph examination, psychological examination, physical examination, oral interview(s), drug screening, fitness for duty and physical agility examinations. Positions filled through lateral hire are exempt from written competitive examination.
(d) All department probationary periods for new hires shall apply. Seniority shall be based on date of hire with the City of Westlake.
(e) Effective October 20, 2023, a minimum of five (5) out of the last ten (10) entry level police officer or firefighter appointments shall be made from the applicable Civil Service Entry Level Eligibility List.
(1) Exception: If a Civil Service Entry Level Eligibility List expires or is terminated by the Commission pursuant to Rule VIII, Section 3, then Rule IX, Section 2(e) is hereby waived until an examination can be given and a list certified or ninety (90) days from the date of the list expiration/termination, whichever occurs first. Lateral appointments made during this period shall not count towards the minimum requirement set forth therein.
(Amended 10-25-21; 3-23-22; 10-20-23.)
No person shall be eligible for appointment as an entry level firefighter in the Fire Department unless they have a current Level 2 State of Ohio Firefighter Certification and a current State of Ohio Paramedic Certification and retain such licensing qualifications during their employment as firefighters-paramedics with the City. Upon the recommendation of the Fire Chief the continuing requirement to maintain the paramedic qualification may be waived for an indefinite or specified period by the appointing authority if they determine that such waiver is consistent with the maintenance of the highest level of paramedic and firefighting service to the City and its citizens. Although professional judgment will be required in each case, such actions shall be based upon:
(1) Occurrence of a medically certified change in the physical or emotional abilities of the individual which prevents the individual's performance of the duties of a paramedic; or
(2) Upon failure to pass the recertification testing requirements the individual continues to make good faith efforts to regain paramedic certification and does regain such certification within nine months.
(3) A job change which does not require paramedic certification as determined by the appointing authority.
In addition to and without limiting the foregoing, the appointing authority, upon the recommendation of the Fire Chief, may waive the continuing requirement for the Day Lieutenant to maintain paramedic certification due to scheduling difficulties. The Day Lieutenant shall not be penalized in regard to lateral movements and/or promotions as a result of the loss of paramedic certification due to a waiver as provided herein. The Fire Chief and Day Lieutenant shall meet yearly to review his/her paramedic re-certification requirements.
The continuing requirement to maintain the paramedic qualification described herein shall not be waived for any firefighter during the term of the probationary period.
(Amended 3-24-23.)
Every soldier, sailor, marine, coast guardsman, member of the auxiliary corps as established by Congress, member of the Army Nurse Corps or Navy Nurse Corps or Red Cross Nurse, who has served in the Army, Navy or Hospital Service of the United States, and such other military service as is designated by Congress of the selective service or similar constrictive acts as are in effect in the United States, who has been honorably discharged or separated under honorable conditions therefrom, and is a resident of Ohio and whose name appears on an eligible list for a position, shall be entitled to preference in original appointment to any such position in the Classified Service of the City of Westlake over all persons eligible for such appointments and standing on the list therefor with a rating equal to that of such member of the Armed Services.
Vacancies in the Classified Service shall be filled insofar as practicable by promotions. In all cases in which vacancies are to be filled by promotion, the Commission shall initially certify the appointing authority only the appropriate number of names of the persons having the highest rating. All examinations involving possible promotion shall be competitive. Suitable credits as determined by the Civil Service Commission may be given for education and seniority and may constitute part of the examination grade. Such examination credits shall adequately reflect the Commission's desire to fill vacancies by promotion insofar as practicable and to provide advancements to those in the Civil Service who are most meritorious.
(Amended 12-7-07.)
Vacancies in the position above the rank of firefighter or police officer shall be filled on competitive examination only. The certification of eligibles shall be the person achieving the highest passing grade. No person serving in the rank of firefighter in the Fire Department or police officer in the Police Department shall be eligible to take the promotional examination for Lieutenant in the Fire Department or Sergeant in the Police Department unless he has completed his probationary period as established for his position within his respective department and has at least three (3) years of full time experience in the rank of fire fighter or police officer with a minimum of two (2) of the three (3) years of experience in the respective Westlake Fire or Police Departments. No person shall be eligible to take a promotional examination for the positions higher in rank than Lieutenant in the Fire Department or Sergeant in the Police Department unless the person shall have served at least twelve (12) months in the Westlake Fire or Police Departments in that rank from which the promotion is to be made. In those cases where less than three (3) are eligible and willing to take such examination, the twelve (12) month rule may be waived. Where an eligible list exists and a vacancy occurs which may be filled from such list, the vacancy shall be filled within forty-five (45) days from the date of such vacancy. Whenever a vacancy occurs in the Police or Fire Departments and no promotional eligible list exists for such rank, the Commission shall make every reasonable effort within one hundred twenty (120) days of such vacancy to hold a competitive promotional examination [except in the case of paragraph 5.1 herein]. Upon certification; the vacancy shall be filled within forty-five (45) days.
(a) Vacancies in the position of Police Chief and Fire Chief shall be filled by competitive examinations only. No person serving in the Fire or Police Departments shall be eligible to take the promotional exam for Chief of their respective Department unless they have served at least two (2) years in their respective Department in the rank of Lieutenant or above.
(b) Notwithstanding the rules established in Sections 4 and 5 herein, whenever a vacancy in the position of Fire Chief or Police Chief shall exist, the examination/selection process shall be closed and competitive unless the number of internal candidates is insufficient to justify closed competition, in which case, the promotional examination/selection process shall be open and competitive in character as set forth as follows:
The examination process for Police and Fire Chief shall be open and competitive if any one of the three following factors apply;
(1) Less than 4 internal candidates apply for the examination, or
(2) Less than 3 internal candidates successfully complete and pass the written portion of the examination, or
(3) The Mayor petitions the Commission to provide for an open and competitive examination based on the Mayor's determination, provided to the Commission in writing, that it would be in the public interest to do so and the Commission concurs with the Mayor.
(c) A retest shall be required if factor (b)(2) applies. An internal candidate who fails to successfully complete and pass the examination shall not be permitted to re-take any subsequent examination deemed necessary as the result of subsection (b)(2) herein.
(d) No person, not currently a rank and file member of the Westlake Police Department, shall be permitted to take the examination for Police Chief unless they have completed at least 5 years in grade as a Captain or above and has served at least 10 years as a career member of an organized police department of comparable or larger size as the current Westlake Police Department. Applicants for examinations shall possess and supply upon application a copy of their current Ohio Peace Officers certification. Outside applicants shall comply with all other qualifications established by the Charter, Codified Ordinances and Civil Service Rules as to applicants for promotional examinations.
(e) No person, not currently a rank and file member of the Westlake Fire Department, shall be permitted to take the examination for Fire Chief unless they have completed at least 5 years in grade as a Captain or above and have at least 10 years experience in fire suppression or fire prevention as a career member of an organized fire department of comparable or larger size as the current Westlake Fire Department. Applicants for the examination shall possess and supply upon application a copy of their current State of Ohio firefighter's certification and State of Ohio paramedic certification. Outside applicants shall comply with all other qualifications established by the Charter, Codified Ordinances and Civil Service Rules as to applicants for promotional examinations.
(f) Effective January 1, 2017, a bachelors of police administration, criminal justice, business management, business administration, public management or related degree in the field of study shall be required of any candidate internally or from outside the Department who applies for the position of Police Chief. Effective January 1, 2017, a bachelors of fire science, business management, business administration, public management or related degree in the field of study shall be required of any candidate internally or from outside the Department who applies for the position of Fire Chief. Proof of degree shall be provided to the Clerk at the time of application for the examination. (Amended 3-3-14.)
After a person is certified from an eligible list two times to the same appointing authority to the same or similar position, they may be omitted from future certification to such appointing authority provided that certification from temporary appointment shall not be counted as one of such certifications. (Amended 9-20-23.)
When the appointing authority has filled a vacancy or position from the certified eligible list or from applications for noncompetitive positions, the appointing authority shall forthwith report to the Commission the name of such appointee, the title of the position, the duties and responsibilities of the position, the salary and compensation thereof and such other information as the Commission may require in order to keep its roster.
No payroll or account for payment of wages or salary to any person in the classified service shall be certified or approved for payment by the Commission if such name has not been placed on the official roster in accordance with the provisions of these Civil Service Rules.
The probationary period for police officer shall be for a period of one year beyond the date of employment or state certification, whichever is the latest. The probationary period for a firefighter shall be for a period of two years beyond the date of employment or state certification for firefighter and EMP, whichever is the latest. No appointment for promotion for police and fire shall be final until the appointee has satisfactorily served a one year probationary period.
Service as a provisional appointee in the same and similar class shall be included in the probationary period.
If in the opinion of the appointing authority, the service of a probationary employee is unsatisfactory, with the approval of the Civil Service Commission, the appointing authority may discharge the employee at any time during his probationary period after completion of one half of his probationary term. If the appointing authority decides to remove or reduce a probationary employee, his written communication to the Commission shall state the reasons for such decision.
If, during the probationary period, an original appointee is found unsatisfactory and is dismissed by the appointing authority, the Civil Service Commission may return his name to its original position on the eligible list from which it was selected or to a list of lower classification, or none, as the Commission may determine in the best interest of the City.
If, during the probationary period for a promotional appointment, the appointee is found to be unsatisfactory, he may be returned to his former permanent position or have his name placed at the head of the eligibility list of a comparable classification as the Civil Service Commission may determine.
(a) Provisional Appointments. Whenever there are urgent reasons for filling a vacancy in any position and the Civil Service Commission is unable to certify the appointing authority a list of persons eligible for appointment, the appointing authority may nominate a person to the Commission for provisional appointment. The person may be appointed provisionally until a selection and regular appointment can be made. Such provisional appointment shall continue in force only until appointment can be made from eligible lists prepared within one hundred twenty (120) days from the date of vacancy.
(b) Temporary Appointments. In case of an emergency, a temporary appointment or promotion may be made no longer than sixty (60) days. Such emergency shall be deemed to exist when the appointing authority so notifies the Commission and such fact is duly recorded in the minutes of the Commission. Emergencies requiring successive temporary appointments shall not be made except as follows: (i) certified sickness or disability of a regular employee that creates an emergency and will be deemed to exist only when such fact is confirmed by a physician of the Commission's choice; and (ii) military leave of a regular employee creates an emergency where the employee is involuntarily called to active duty for a national or state emergency pursuant to Section 167.17 of the Codified Ordinances for a period in excess of sixty (60) days.
(c) Unless there is some unusual reason why the same ought not to be done for the benefit of the service, the appointment to a temporary position shall be made only from the classification or grade immediately below the classification or grade in which the temporary vacancy exists.
(d) The acceptance or refusal by an eligible of a provisional or temporary appointment or promotion shall not affect his standing on the eligible list for permanent employment and/or promotion.
Full-time employees of the City may engage in such part-time or occasional employment or occupation outside of their regular working hours as will not interfere with the efficient performance of their duties for the City and as may be formally approved by the appointing authority under whom they are employed.
A member of the Fire Department or the Police Department shall have no employment other than that involved in his position in the City service, except by express approval of the appointing authority and department head. Violation of this provision shall render such employee liable to thirty days suspension for the first offense and discharge for such second offense.
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