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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.
Any person holding an office or position under the classified service in the Fire Department or the Police Department who is separated therefrom due to injury or physical or psychological disability incurred in the performance of duty shall be reinstated immediately, or one suffering injury or physical or psychological disability incurred other than in the performance of duty may be reinstated, at the Mayor's discretion, upon filing with the Chief of the Fire Department or the Chief of the Police Department, a written application for reinstatement, to the office or position he held at the time of such separation, after passing a physical examination and/or psychological assessment showing that he has recovered from the injury or other physical or psychological disability. The physical examination/assessment(s) shall be made by a licensed physician designated by the City within two weeks after application for reinstatement has been made, provided such application for reinstatement is filed within five years from the date of separation from the Department, and further provided that such application shall not be filed after the date of service eligibility retirement.
Any person holding an office or position under the classified service in the Fire Department or the Police Department, who resigns therefrom, may, at the Mayor's discretion, be reinstated to the rank of fire fighter or police officer, upon the filing of a written application for reinstatement with the Chief of the Fire Department or Chief of the Police Department, and upon passing a physical examination and/or psychological assessment disclosing that the person is physically and mentally fit to perform the duties of the office of fire fighter or police officer, the application for reinstatement shall be filed within one year from the date of resignation. Any person reinstated pursuant to the authority of this paragraph shall not receive credit for seniority earned prior to resignation and reinstatement, and shall not be entitled to reinstatement to a position above the rank of fire fighter or patrol officer, regardless of the position the person may have held at the time of his resignation. (Amended 7-12-19)
With the consent of the Commission, the appointing authority may grant a leave of absence without pay to an employee in the classified service for a period not to exceed one year, and upon the expiration of such leave of absence, such employee may be reinstated. If the employee is a provisional appointee, the leave of absence, if granted, is subject to the establishment of an eligible list and terminates automatically if an eligible list for said position is established during the period of leave of absence. All such leaves of absence granted by appointing authorities shall be referred to the Commission promptly for approval, in order that the civil service status of such absentees may be protected in accordance with Section 123:1-34-01 of the Ohio Administrative Code.
Absence from duty without leave for any time will be considered neglect of duty and good cause for dismissal. Absence from duty without leave for ten consecutive calendar days shall be deemed a resignation from the service by the absentee upon report of such absence by the appointing authority and the resignation shall be entered upon the records of the Civil Service Commission. However, if at any time within thirty days thereafter the person so absenting himself shall make satisfactory explanation to the Commission of the cause of his absence, he may be reinstated to his position.
Failure to report after a leave has expired or has been disapproved or revoked and cancelled by the Commission shall be considered neglect of duty and cause for discharge. However, if an employee so discharged shall show to the satisfaction of the Commission that such failure to report was excusable, the Commission may then order his reinstatement.
This Section was repealed on January 29, 2002 in its entirety. (The lay off procedure established in the employee's applicable Collective Bargaining Agreement shall be utilized for lay offs.)
This Section was repealed on January 29, 2002 in its entirety. (The lay off procedure established in the employee's applicable Collective Bargaining Agreement shall be utilized for lay offs.)
This Section was repealed on January 29, 2002 in its entirety. (The lay off procedure established in the employee's applicable Collective Bargaining Agreement shall be utilized for lay offs.)
Whenever in the judgment of the Commission physical and/or psychological qualifications are of importance, the person being transferred, promoted or returning from a leave of absence, sickness or layoff, or any other time the appointing authority or the Chief of Police or Fire needs to confirm the person is physically and/or psychologically capable of performing their duties, shall be required to submit to a physical examination and/or psychological assessment and be certified as qualified in such respect before assuming his duties. (Amended 7-12-19; 3-24-23)
The tenure of every officer or employee in the classified service of the City of Westlake shall be during good behavior and efficient service and no such officer or employee shall be reduced in pay or position, suspended or removed, except for incompetence, inefficiency, discourteous treatment of the public, neglect of duty, violation of Sections 124.01 to 124.64 of the Ohio Revised Code or the rules of the Commission, or any other failure of good behavior, or any other actions of misfeasance, malfeasance or nonfeasance in office.
In any case of reduction, suspension for more than three working days, or removal of the Police Chief, Fire Chief or Assistant Fire Chief the appointing authority shall furnish such person with a copy of the order of reduction, suspension or removal, which order shall state the reasons for such reduction, suspension or removal. Such order shall be filed with the Commission.
In the event of an order of removal, the person may request, within three working days following the filing of such an order, an informal hearing before the appointing authority to present evidence or give reasons why the order of removal is not justified. Within three days following the hearing, the appointing authority's decision shall be filed with the Commission.
Within ten days following the filing of an order of reduction or suspension, or within ten days following the filing of the appointing authority's decision affirming or modifying an order of removal, the person may file an appeal in writing with the Commission. The Commission shall
forthwith notify the appointing authority and shall hear, or appoint a trial board to hear such appeal within thirty days from and after the date of its filing with the Commission, and may affirm, disaffirm or modify the judgment of the appointing authority.
In case of removal or reduction in pay for disciplinary reasons, either the appointing authority or the person may appeal the decision of the Commission to the Court of Common Pleas in accordance with the procedure provided by Section 119.12 of the Ohio Revised Code.
This Section was repealed on January 29, 2002 in its entirety. (The procedure established in the employee's applicable Collective Bargaining Agreement shall be followed for all discipline, including, suspension, demotion or removal.)
This Section was repealed on January 29, 2002 in its entirety. (The procedure established in the employee's applicable Collective Bargaining Agreement shall be followed for disciplinary suspensions.)
An employee who fails to return to duty within three working days after the completion of a valid cancellation of a leave of absence without pay without explanation to the appointing authority Department Head or applicable Chief may be removed from the service. An employee who fails to return to service from a leave of absence without pay and is subsequently removed from the service is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.
Falsification of any statement in the application for examination shall be considered dishonesty and sufficient cause for removal.
Upon receipt from an employee or officer in the classified service of the City of Westlake of a timely written appeal from an order of removal, reduction in pay or position, or suspension for more than three working days, the Commission shall set a time and place to hear such appeal and shall notify the appropriate appointing authority, as well as the employee or his representative.
Amendments to the orders of removal, reduction in pay or position or suspension for more than three working days may be made by the appointing authority at any time, provided the employee and his representative, if any, receive copies of the amended order prior to ten calendar days before the time set for the hearing as provided herein.
In the hearing of such appeals, the order of procedure shall be as follows:
(a) The appointing authority taking action affecting the employee shall present evidence in the support of the charges and specifications.
(b) The employee affected shall then present such evidence as he may wish to refute such charges.
(c) The appointing authority may offer evidence in rebuttal. The Commission may, in its discretion hear arguments.
The production of evidence in the hearing of appeals and the Commission decision thereof shall be governed in general by the rules of evidence, proof and burden of proof applied by courts in civil cases. The appellee and appellant may be represented by counsel.
The acceptance of the resignation of a person discharged by the appointing authority before final action by the Commission will be considered a withdrawal of the charges. Notice of such resignation shall be immediately submitted to the Commission. The resignation of the employee shall be entered upon the records of the Commission and the proceedings dismissed without judgment.
Each witness before the City of Westlake Civil Service Commission shall receive the following fees:
(a) Twelve dollars ($12.00) for each full-day's attendance and six dollars ($6.00) for each half-day's attendance before the Civil Service Commission.
(b) As used in this section, "full-day's attendance" means a day or evening on which a witness is required to be present at proceedings during more than one half of the worker's daily shift regardless of whether he actually testifies; "half-day's attendance" means a day or evening on which a witness is required or requested to be present at proceedings during less than one-half of the worker's daily shift regardless of whether he actually testifies.
(c) The Civil Service Commission is hereby granted the discretion to assess witness fees against an unsuccessful party in a proceeding before it if in its best judgment such an assessment is proper and justified.
No employee in the civil service shall in any manner be concerned in giving, soliciting and receiving any assessment or contribution for any political party or activity or for any candidate for public office, nor shall he take any active part in political movements or political campaigns, nor act as an officer in any political organization. This shall not interfere with the right of each employee to vote as he pleases and to express freely his opinions. Proof of this violation of this section shall be sufficient grounds for summary dismissal of the employee.
In specific cases where, in the judgment of the Civil Service Commission, it is in the interest of the public service, any rule herein adopted may be waived by the unanimous vote of the Commission. Such action, with the reasons therefor, shall be entered into the minutes of the Civil Service Commission.