(A) The Municipal Civil Service Commission of the City of Niles, Niles, Ohio shall be composed of three persons who shall be appointed and serve as provided in RC 124.40.

  It shall be the duty of each member of the Commission to attend all meetings of the Commission and devote as much time as necessary to the management of the business and affairs of the Commission.

(B) The Commission shall administer and enforce the civil service laws of the State of Ohio, and the rules herein prescribed relative to civil service in the City of Niles, Niles, Ohio.

(C) The Commission shall elect one of its members as chairman and one as co-chairman, who shall serve until a new member is appointed and qualified, at which time successors as chairman and co-chairman shall be elected. It shall be the duty of the chairman to call meetings of the Commission as necessary to transact the business and affairs of the Commission, to preside at all meetings of the Commission, to sign the minutes of all actions taken by the Commission, and to sign all warrants or orders for the payment of money from the accounts and funds of the Commission.  The Chairman may, on his own initiative, and shall, upon the request of the other two members of the Commission, call a special meeting of the Commission to be held not later than ten days from the date of notice of such meeting. In the absence of the chairman, the co-chairman shall act as chairman. Two members of the Commission shall constitute a quorum at any meeting of the Commission, and the affirmative vote of at least two members is required to adopt any motion or resolution.

(D) The Commission shall employ a suitable person to act as Secretary of the Commission.

  The Secretary shall: attend all meetings of the Commission and keep the minutes thereof; keep in the form of minutes a record of the official actions of the Commission; be at the office of the Commission during the prescribed hours that the office is open; accurately and properly keep all records of the Commission; keep all files in proper order; prepare and deliver notices and other communications ordered by the Commission; properly furnish appointing authorities with eligible lists; maintain an official roster; certify payrolls; handle such correspondence as the Commission shall determine; in conjunction with the Chairman, sign all warrants or orders for the payment of money on behalf of the Commission; and perform such other duties as may be required by the Commission.

(E) The order of business for meetings of the Commission shall be:

(1) Roll call;

(2) Disposition of unapproved minutes;

(3) Reports;

(4) Unfinished business;

(5) New business; and

(6) Adjournment.

POWERS AND DUTIES OF THE COMMISSION

In accordance with Section 124.40 of the Ohio Revised Code the Commission shall exercise the powers and perform the duties conferred upon the Director of Administrative Services and the State Personnel Board of Review which include:

1.   To hear appeals, as provided by law, of employees in the classified service from final decisions of appointing authorities relative to reduction in pay or position, job abolishment, layoff, suspension, discharge, assignment or reassignment to a new or different position classification: the Commission may affirm, disaffirm, or modify the decisions of the appointing authorities as the case may be, and its decision is final;
2.   To hear appeals, as provided by law, of appointing authorities relative to the classification or reclassification any position or positions in the classified service, jurisdiction of such appointing authority; the board may disaffirm or modify the decisions and its decision is final;
3.   To appoint a clerk and such other employees necessary in the exercise of the powers and performance of the duties and functions which the Commission is by law authorized and required exercise and perform and to prescribe the duties of such clerk and employees; 
4.   To maintain a journal which shall be open to inspection, in which it shall keep a record of all proceedings and of the vote of each of its members upon every action taken by it;
5.   To adopt and promulgate rules and regulations, relating to the procedure of the Commission in administering the laws which it has authority or duty to administer and for the purpose of invoking the jurisdiction of the Commission in hearing appeals of appointing authorities and employees in matters set forth in division 1 and 2 of this section;
6.   To subpoena and require the attendance and testimony of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any matter which it has authority to investigate, inquire into or hear in the same manner and to the same extent as provided by division of 124.09 of the Revised Code and all witness fees shall be paid in the manner set forth in said paragraph;
7.   Administer all competitive examinations for positions, in the classified service;

8.   Administer all noncompetitive examination for positions in the classified service;

9.   To prepare eligible lists containing the names of persons qualified for appointment to positions in the classified service;

10.   To prepare or amend specifications description of duties, responsibilities, requirements and desirable qualifications of the various classifications of  positions in the municipal service;

11.   To allocate and reallocate upon its own motion or upon request of an appointing authority any position, office or employment in the municipal service to the appropriate classification on the basis of the duties, responsibilities, requirements and qualifications of such position, office or employment;

12.   To appoint such examiners, inspectors, clerks and other assistants as are necessary in the exercise of the powers and performance of the duties and functions which the Commission is by law authorized and required to exercise and perform and to prescribe the duties of all such employees;

13.   To maintain a journal, which shall be open to inspection, in which it shall keep a record of final decisions pertaining to the classification or reclassification of positions in the classified service, assignment or reassignment of employees in the classified service to specific position classification;

14.   To keep records of its proceedings and records of all applications for examinations and all examinations conducted by the Commission. The records of the Civil Service Commission shall be available for public inspection at all reasonable hours. All records shall be available except recommendations of former employers, records pertaining to physical or psychiatric examinations, adoption, probation, and parole proceedings, and such other records as may be exempted by law. Information requested by telephone shall be limited to place of city employment, dates of city employment and job classification. Mail inquiries, accompanied by a stamp self-addressed, shall be entitled to a copy of the requested records. A fee of 10 cents per page will be charged for each copy requested. The mayor or any person designated by the mayor may, for the purpose of investigation, have free access to all such records, whenever the mayor has reason to believe that section 124.01 to 124.64 of the revised code, or the administrative rules of the commission prescribed under such sections are being violated.
15.   To make investigations concerning all matters touching on the enforcement and effect of sections 124.01 to 124.64 of Revised Code, and the administrative      rules of the commission prescribed under such sections. In the course of such investigations, the commission or its designee may administer oaths and affirmations and take testimony relative to any matter which the commission has authority to investigate.
16.   To make an annual report and other reports as may be necessary to the State

    Personnel Board of Review in accordance with chapter 124.40 of the Ohio Revised Code.

As used in these rules and the administration of the Civil Service Laws:

(A) “Commission” means the Municipal Civil Service Commission of the City of Niles, Ohio.

(B) “Civil service” means all officers and positions of trust or employment in the service of the City of Niles, Ohio.

(C) The “unclassified service” is comprised of those positions set forth in RC 124.11(A) as applied to the civil service of the City of Niles, Ohio, except that “heads of departments” appointed under RC 124.11(A)(3) shall include the Service Director and Safety Director but not the Chief of Police, and positions in the unclassified service shall be exempt from all examinations required by RC Chapter 124.

(D) The “classified service” is comprised of all persons in the employ of the city, not specifically included in the unclassified service. The classified service shall be divided into the “competitive class” and the “unskilled labor class” as provided in RC 124.11(B).

(E) “Position classification” means the arrangement of positions into classes including grades. Positions shall be classified in accordance with the duties and responsibilities of the position.

(F) “Municipal service” includes those positions in the classified service of the City of Niles, Ohio.

(G) “Position,” when used by itself, means any specific office, employment or job calling for the performance of certain duties, either full time or part time, and for the exercise of certain responsibilities by one individual.

(H) “Appointing authority” means the officer, commission, board, or body having the power of appointment or removal from positions in the classified service, and includes the Mayor, Solicitor, Auditor, Treasurer, Council President, members of Council, Service Director, and Safety Director.

(I) The term “employee” means any person holding a position subject to appointment, removal, promotion, or reduction by an appointing officer.

(J) Words in the singular include words in the plural and vice versa, and words in any gender include words in any other gender, unless the context requires otherwise.

1. Position in the civil service of the city and of the city school district,

shall be classified in accordance with an established plan which shall provide that any and all positions whose duties responsibilities, and necessary qualifications are sufficiently alike to so warrant shall be allocated to the same class with a

title which shall be descriptive of the duties performed and with a salary range which will compensate each employee assigned to a class on a like basis.

2. Class shall be prepared for each class, setting forth the class title, typical duties and responsibilities, and the necessary qualifications. It shall set forth the factors and conditions which are essential characteristics of the class and also factors and conditions which separate it from other classes.

3. Position Audits and Reassignments

The Commission, having standardized all positions shall make periodic audits of those positions to ensure that positions continue to be properly classified. Any employee or his authorized representative or any appointing authority desiring to submit facts for consideration of the Commission shall be afforded reasonable opportunity to do so. When the Commission finds improper classifications of positions exist the Commission may reallocate any position to the appropriate class as is necessary to provide for an equitable, just and proper classification.

Any employee may request a review of the classification his/her position for the purposes of determining whether the position is properly classified. The Commission shall consider such request.

4. Notification of Employees

Whenever the classification title of a position is changed other than by promotion or demotion, the Commission shall notify, in writing, any employee affected by the change. as the employee’s appointing authority.

5. Appeal of a Reclassification

Any employee or appointing authority may appeal the reclassification of any position to the commission within thirty days after receipt of the notification of reclassification.

(A) Place of examination

Examinations may be held at such places as the Commission considers advisable and shall be administered under its direction.

(B) Notice of examination

(1) Entrance examination. Notice of competitive entrance examinations shall be given through the local newspapers and by posting notices conspicuously on the City Hall bulletin boards and in the office of the Commission, and in such other places as may be considered advisable, not less than two weeks prior to such examinations.

(2) Promotional examination. Notice of competitive promotional examinations to be held shall be given by posting of bulletins in conspicuous places in the departments whose employees may be interested or may be given by individual communications to the employees eligible for such promotion. Such notice shall be given not less than two weeks prior to the examination. Fire Promotional examinations shall be posted no less than 30 days prior to the start of the examination and include a list of the source material.  

In the case of a Police Promotional Exam, the commission shall post notice of the examination no less than 60 days prior to the start of the exam.  The commission will also publish a book list of reference material for all examinations no less than 60 days prior to the start of the examination.

(C) Identity of examinees concealed

The identity of all persons taking competitive assembled examinations shall be concealed 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 the papers have all been graded and rated. Any papers bearing the name of the applicant or any other identification mark shall be rejected, and the candidate so notified.

(D) Scope; subjects and relative weights

(1) Entrance examination. Entrance examinations shall be practical in character and shall relate directly to those matters which will fairly test the relative capacity of the person examined to discharge the particular duties of the position for which appointment is sought, and when appropriate shall include tests of manual skill. The Commission shall prescribe the subjects of each examination and the relative weights to be attached thereto, provided that any such determination is made prior to the date of such examination.

(2) Promotional examination. Promotional examinations shall be in writing, shall be practical in character, and shall relate directly to those matters which will fairly test the relative capacity of the person examined to discharge the particular duties of the position for which promotion is sought. Promotions to positions above the rank of patrolman in the police department shall be in accordance with RC 124.44.

(3) Efficiency rating and credit. The efficiency rating shall be designed to assess conduct and capacity in office, and for examination purposes shall be based on one or more years of service depending on the position to be filled and the Commission’s determination as to the period of time constituting a fair test for the position. If more than one year’s rating is used, the Commission shall arrive at an average yearly rating, which shall be the employee’s efficiency rating for grading purposes.

The additional credit for efficiency shall be ten per cent of the employee’s efficiency rating.

(4) Seniority rating and credit. Applicants who receive a passing grade on promotional examinations shall receive credit for seniority, determined as one per cent of the total percentage grade attainable in such examination for each of the first four years of service, plus six-tenths of one per cent of such total grade for each of the next ten years of service. The total grade attainable shall be 100% or a perfect score in all phases of the examination, exclusive of additional credits for efficiency and seniority. Seniority points shall be determined as of the date of the exam. 

(E) Physical examination

Whenever in the judgment of the Commission physical qualifications are of special importance, the candidate shall be required to pass a physical examination, and be certified as qualified in such respect, either before admission to the examination, or before being placed on an appropriate eligible list, or before certification for appointment, as the Commission considers advisable.

Physical examinations, whenever required by the Commission, shall be made by a licensed physician designated by the Commission, who shall furnish a certificate as to the applicant’s physical condition.

(F) Admitting applicants to examination

No applicant shall be admitted to any assembled examination after the advertised time for beginning such examination, or after any applicant competing in any such examination has completed his work and left the examination room, except by special permission of the person in charge, who in his discretion may admit the applicant conditionally, subject to the final approval or disapproval of such admission by the Commission.

(G) Time limits on subjects

No applicant in any examination shall be given a longer time on any subject than prescribed by the Commission when examination questions are approved.

(H) Fraud in examinations prohibited

No person or officer shall:

(1) Knowingly, by himself or in cooperation with one or more other persons, deceive or obstruct any person in respect of his or her right of examination, appointment, or employment arising under the civil service law or under any rules prescribed pursuant thereto;

(2) Knowingly and falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of the civil service law, or aid in so doing;

(3) Knowingly make any false representations concerning the results of such examinations or concerning any person examined;

(4) Knowingly furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, registered or certified, or to be appointed, employed or promoted;

(5) Knowingly personate any other person, or permit or aid in any manner any other person to personate him, in connection with any examination, registration or appointment or application or request to be examined, registered or appointed;

(6) Knowingly furnish any false information about himself, or any other person, in connection with any examination, registration, or appointment or application or request to be examined, registered or appointed;

(7) Knowingly make known or assist in making known to any applicant for examination, any question to be asked on such examination; or

(8) Being an applicant taking an examination, knowingly assist any other applicant in any manner whatsoever;

(9) Knowingly solicit a favor from any member of the Commission, appointing officer, or have any person in his behalf solicit a favor;

Any applicant in any examination found to be using any means of information, other than that provided in the examination itself, to assist him in answering the questions, shall have his examination papers taken up and filed with a zero marking when the circumstances justify such action.

(I) Visitors at examinations

No visitor shall be admitted to the examination room during any examination, except by special permission of the person in charge.

(J) Inspection of examination papers

(1) Scoring. Scoring of the tests shall be completed in accordance with procedures and capabilities of the vendor administering the test.   

(2) Prior to grading. Participants in any examination may inspect the examination questions together with the rating key for the questions for a period of not more than five days after the date of examination, Saturdays, Sundays, and holidays excluded. Any protest by a participant as to the questions asked or the rating key must be filed in writing within the five-day period and must contain detailed information and authority therefor. Immediately following this inspection period, the Commission shall carefully consider all objections and make such changes in the tentative rating keys as are warranted, after which the rating key adopted shall be used in the actual scoring of the examination papers. The examination papers of each contestant shall then be graded, and each contestant shall be notified by mail as to his grade.

(3) After notice of grade has been received. Each participant shall have the right to inspect his examination papers together with the rating key within five days of the postal date stamped on the mailed notice of his grade, Saturday, Sundays and holidays excluded, and to inform himself as to the markings given to him on each subject or question. Any protest as to the grading must be filed in writing by the participant within the ten-day period. Any protest as to any type of misconduct involving the grading and/or administration of the test may be either verbally or in writing.  The Commission shall then consider all protests and make such changes as are warranted. The Commission shall then establish the eligible list, and no grades given in any examination shall be changed after the posting of any eligible list. The prohibition on any changes to the exam shall not apply to clerical errors.

(3) Public inspection. Papers, except recommendations of former employers, submitted by competitors in any examination shall be open to public inspection during office hours, upon application to the Commission, provided such application is made during the period in which persons whose names appear on the eligible list resulting from such examination are eligible for appointment.

(K) Examination postponed

Examinations, unless postponed, must be held on dates fixed by the Commission. Examinations may be postponed by order of the Commission, which order shall designate the reason therefor.

(L) Credit for military service

When proper proof of acceptable service in the armed forces of the United States, as defined in RC 124.23, is presented to the Commission and such ex-service man or woman being otherwise eligible has received a passing grade of seventy or more in any regular entrance examination, he or she shall be granted additional credit or twenty per cent of such grade, thereby receiving a final grade twenty per cent higher in view of the above mentioned service. Also in accordance with RC 124.23, a member in good standing of a reserve component of the armed forces of the United States, including the Ohio national guard, who successfully completes the member’s initial entry-level training shall receive a credit of fifteen per cent of the person’s total grade given in the examination in which the person receives a passing grade. Requests for the additional credit for military service, together with an honorable discharge or other proof of satisfactory service, shall be submitted to the Commission with the application for the examination. Credit for military service will not be given if the request for such credit is received by the Commission after an eligible list for any examination has been established.

(M) Rating of competitors

Exclusions and extra credits:

(1) Physical examination. The results of physical examinations, including physician’s certificates, shall be used solely to determine an applicant’s eligibility to take an examination or his eligibility for appointment after examination, and shall not become a part of the applicant’s grade resulting from the examination.

(2) Credit for military service in entrance examinations. Credit for service in the armed forces of the United States pursuant to RC 124.23 shall not be a part of, but shall be a credit to be added to, the applicant’s earned grade resulting from the competitive examination, provided the applicant receives a grade of seventy or more in the competitive examination.

(3) Credit for efficiency and seniority in promotional examinations. Credit for efficiency and seniority in service shall not be a part of, but shall be a credit to be added to, the applicant’s earned grade resulting from the competitive examination provided the applicant receives a passing grade in the competitive examination.

(N) Method of grading examinations

The total grade attainable in each examination, except for special credits as outlined above, shall be 100 percent. In examinations composed of more than one part the method of scoring shall be:

(1) Each part of the examination shall be separately rated, and the proficiency of each competitor determined on the basis of a scale of 100 percent maximum possible attainment, plus any additional special credits.

(2) Each part shall be assigned a weight which shall be based on the relative value of the part to that of the entire examination, expressed in terms of tenths of the total.

(O)  Police Agility Certificate. 

The Police Agility Certificate must be returned by the 60^th day after completion of the written test.

(1) In general

All applicants must be citizens of the United States or legally determined

(2) Police department applicants

Applicants for examinations for original appointments to the police department as a policeman or policewoman must have attained the age of twenty-one on or prior to the date of examination.

(3) Application blanks furnished

Application blanks for examinations shall be furnished by the Commission. Application blanks for entrance examinations shall provide for the submission of the information set forth in RC 124.25. The Commission may determine and provide for the submission of any other relevant information either on the application blank or supplemental sheets.

(4) Completion of application blanks

Application blanks must be filled out in ink or be typed and shall be completed and signed by the applicant, in his own handwriting, sworn or affirmed to and filed in the offices of the Commission within the time limit fixed by the Commission for the particular examination.

(A) Posting of lists

The Commission shall prepare and keep open to public inspection, from the returns of each examination, an eligible list of the persons whose average grade in the examination is not less than seventy and who are otherwise eligible for appointment. Such persons shall take rank upon the eligible list in the order of their relative grades. Whenever it becomes necessary to hold a subsequent examination in order to obtain additional eligibles, the Commission may consolidate existing lists for the same class by rearranging the names of those whose names appear on an existing list which is to be merged with a new list, and they shall have an opportunity to compete in the second examination.

(B) Duration of lists

An eligible list expires upon the filling or closing of the position. An expired list may be used to fill a position of the same classification within the same appointing authority for which the list was created, but in no case may an expired eligible list be used more than two year after its expiration date.

(C) Applicants with identical marks

In the event two or more applicants receive the same mark in open competitive examination, priority in the time of filing application with the Commission shall determine the order in which their names shall be placed on the eligible list. Provided, that applicants eligible for veteran’s preference under RC 124.23 shall receive priority in rank on the eligible list over nonveterans on the list with a rating equal to that of the veteran. Ties among veterans shall be decided by priority of filing application. In the event two or more applicants receive the same mark on a promotional examination, seniority shall determine the order in which their names are placed on the eligible list.

(D) Transfer to lower class

At the discretion of the Commission, the name of any eligible may, at any time, upon the written request, be transferred to the eligible list for a lower class in the same series requiring qualifications of the same general character. He shall be ranked thereon according to his original grade.

(E) Names not to be certified for appointment

The name of any person appearing on an eligible list who:

(1) Fails to report or arrange within six days, Satruday Sundays and holidays excluded, for an interview with an appointing authority;

(2) Fails to respond to a notice from the Civil Service Commission;

(3) Declines an appointment without reasons satisfactory to the Civil Service Commission; or

(4) Who cannot be located by the postal authorities;

shall not thereafter be certified to any appointing authority as eligible for appointment. The eligible person shall be notified to this effect unless his whereabouts are unknown. His name may again be certified from the eligible list only in case a thoroughly satisfactory explanation of the circumstances is made to the Commission. In case an eligible person’s name appears on more than one list, appointment to a position in one class shall be considered a waiver for appointment from other eligible lists for classes the salary of which is equal or lower.

(F) Disqualification of eligible

If at any time after the creation of an eligible list, the Commission has reason to believe that any person whose name appears on any list is disqualified for appointment because of false statements made in his application, physical disability, or for other comparable reasons, such person shall be notified and given an opportunity to be heard. If such person shall fail to appear for hearing, or upon being heard, fail to satisfy the Commission, his name shall be removed from such eligible lists.

(G) Change of address

Each person on an eligible 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 for future appointments.

(H) Revocation of list

An eligible list may be revoked, and another examination ordered only when the Commission considers such action advisable by reason of 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 the rescheduled examination without filing a separate application or the payment of an additional fee. No eligible 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 of the reasons for such alteration or revocation.

Appointments to all positions in the classified service that are not filled by promotion, transfer, or reduction, as provided by the civil service laws and the rules of the Commission, shall be made only from those persons whose names take rank order on an eligible list in accordance with the civil service laws and the rules of the Commission.

(A) Names to be certified; appointment from other appropriate lists

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, except as provided in R.C. 124.30, certify to the appointing authority thereof the names and addresses of the candidates that rank in the top 25% of the eligible list for the class or grade to which said position is classified. If the eligible list contains ten or fewer names, however, the Commission shall certify the eligible list to the appointing authority. An eligible list expires upon the filling or closing of the position, but an expired eligible list may be used within one year of expiration to fill a position of the same classification within the same appointing authority for which the list was created.

(B) Certification based on one sex

The Commission may, in its discretion for good cause, certify the names of the three highest of one sex.

(C) Certification not more than four times

A person certified from the eligible list more than three times to the same appointing authority, may be omitted from future certifications.

(D) Preference to persons for military service

Every person who has been honorably discharged from the armed services of the United States as defined in RC 124.27, and whose name appears on an eligible list for a position, shall be entitled to preference in original appointments to any such position in the classified civil service of the City of Niles, Niles , Ohio, over all persons eligible for such appointments and standing on the list therefor with a rating equal to that of such former member of the armed services.

(E) Appointment from list

Upon receipt from the Commission of such list of eligibles for a position, the appointing authority shall fill such position by appointment of one of the persons certified to him and shall forthwith report to the Commission the name of such appointee, the title of the position, the duties and responsibilities of same, the salary or compensation thereof, and such other information as the Commission may require in order to keep its roster.

(F) Probationary period; probationary removal or reduction

Pursuant to RC 124.27, all original and promotional appointments, including provisional appointments, shall be for a probationary period of not less than sixty days nor more than one year, except original appointments to police and fire departments, which shall be for one year.

Service as a provisional employee in the same or similar class shall be included in the probationary period. If the service of the probationary employee is unsatisfactory, he may be removed or reduced at any time during his probationary period after completion of sixty days or one-half of his probationary period, whichever is greater. Unless the probationary appointee has been removed or reduced earlier, the appointing authority, at any time during the ten-day period before the end of the probationary period, shall inform the Commission, in writing, of his decision either to make the appointment of the probationary appointee final or to remove such appointee. If the appointing authority’s decision is to remove the appointee, his communication to the Commission shall state the reason for such decision.

(G) Restriction as to age, physical or other requirement

Any restriction for appointment from an eligible list as to age, physical or other requirements shall be made prior to the examination, and no eligible list shall be so restricted unless it had been announced in the examination bulletin.

(H) Temporary appointments 

In case of emergency, an appointment may be made without regard to the civil service laws or the rules of the Commission, but in no case to continue longer than thirty days, and in no case shall successive temporary appointments be made. Provided, that interim or temporary appointments, made necessary by reason of sickness or disability of the regular employee, shall continue only during such period of sickness or disability.

Where the services to be rendered by an appointee are for a temporary period not to exceed thirty days, and the need of such service is important and urgent, the appointing authority may select for such temporary service any person on the proper list of those eligible for permanent appointment. Successive temporary appointments to the same position shall not be made under this provision. The acceptance or refusal of a temporary appointment by an eligible shall not affect his standing on the register for permanent appointment, nor shall the period of temporary service be counted as part of the probationary service in case of subsequent appointment to a permanent position.

All such temporary appointments shall be promptly reported to the Commission by the appointing authority.

(I) Promotions

Vacancies in positions in the classified service shall be filled insofar as practicable by promotions. Promotional appointments shall be made in accordance with RC 124.27, with the exception of those of patrolmen in the police department, which shall be made in accordance with RC 124.44. Promotions to positions above the rank of regular firefighter in the fire department shall be in accordance with the provisions of RC 124.45 through 124.49.  

(J) Temporary appointments and promotions

Except in the police and fire department, an interim or temporary appointment or promotion to a higher position without examination, made necessary by reason of sickness or disability of a regular employee, may be authorized by the Commission upon the written request of an appointing authority, who shall set forth full information with the request. All such temporary promotions shall continue only during such period of sickness or disability and shall be recorded in the minutes of the Commission. Such temporary promotions shall be made, insofar as practicable, from the class or grade of positions immediately below the class or grade in which the temporary vacancy exists.

(A) Transfers

A person holding a position in the classified service may be transferred, with the consent of the Commission, to a similar position in another office, department, or institution having the same pay and similar duties, but no transfer shall be made to a position in another class, nor to a position for which original entrance requires an examination involving essential tests or qualifications different from those required for original entrance to the position held by such person. No transfer shall be made to a position carrying a salary different from or higher than that of the position from which the transfer is requested.

(B) Layoff procedure

(a) Whenever it becomes necessary in any office or department other than the police and fire departments through lack of work or lack of funds to reduce the number of employees within a class, the procedure outlined in this section shall be followed. The

appointing authority shall determine the job classes and the number of employees in each class to be laid off. Any layoff within a classification shall proceed by laying off in the following order:

(1) Employees serving provisionally who have not completed their probationary period after appointment;

(2) Employees serving provisionally who have satisfactorily completed their probationary period after appointment.

(3) Employees appointed by certification who have not completed their probationary period after appointment;

(4) Employees appointed by certification who have satisfactorily completed their probationary period after appointment who have the least number of retention points.

Within each of the primary categories intermittent, then part-time

and then seasonal employees will be laid off before full-time permanent employees.

(b) Retention points to reflect systematic consideration of seniority and relative efficiency for all employees will be assigned by the commission. Credit for relative efficiency shall not exceed ten per cent of total retention points.

Retention points will be determined as follows:

(1) Employees shall be assigned one (1) seniority point for each completed 520 hours (excluding overtime hours) of continuous service (13 full weeks of service for a full-time employee) These seniority points shall be added to a base factor of one hundred

(100) points, this yielding total seniority points.

(2) Using the chart below, employees shall be assigned efficiency points by averaging the la/test two annual performance evaluation; or using the latest performance evaluation, if less than two years of service; or using the latest probationary

performance evaluation, if less than one year of service. Employees who have not been currently evaluated shall be given the maximum number of efficiency points; but in no event shall a special performance evaluation be conducted for purposes of

computing efficiency points.

TOTAL SCORE ON PERFORMANCE EVALUATION EFFICIENCY POINTS.

20 and below            0

21-30                          2

31-45                         4

46-60                          6

61-80                          8

81 and above            10

(b) The total seniority points plus the total efficiency points equals the total retention points. In cases of identical retention point ratings, those employees having least seniority in terms of actual date of hire will be laid off first.

(c) A laid-off employee in the classified service has the right to displace the employee with the least retention points in a lower classification in the same classification series. A classification series is any group of classification titles that have the identical name but different numerical designations, or identical titles except for designated levels of supervision; Any employee displaced by an employee shall have the right to displace

another employee in a lower classification of the same classification series if he has more retention points. This procedure shall continue, if necessary, until the employee with the least retention points in the lowest classification of the classification

series of the same appointing authority has been reached, and if necessary, laid off.

(d) Notification of Layoff, Displacement and Recall

Each employee to be laid off shall be given advance written, notice of the layoff by the appointing authority. Such written notice shall be hand-delivered to the employee at work or. Mailed certified mail to the last address on file with the appointing authority. if hand-delivered such notice shall be given 14 calendar days before layoff and the day of hand-delivery shall be the first day of the fourteen (14) day period. If mailed, such

notice shall be given 17 calendar days before layoff and the day of posting shall be the first day of the seventeen (17) day period.

Each notice of layoff or displacement shall contain the following information:

(1) the reason for layoff or displacement

(2) the date layoff or displacement become effective

(3) the employee’s retention points

(4) the right of such employee to appeal to the Civil Service Commission and the time within which to file an appeal

(5) a statement advising the employee of the right to displace another employee and the length of time within which the employee may displace (bump) another employee

(6) a statement advising the employee of the right to reinstatement or reemployment

(7) a statement that, upon request by the employee, the appointing authority will make available a copy of rules regarding layoffs. Each employee recalled from layoff shall be notified of the offer of reinstatement or reemployment by certified letter. The notice of reemployment shall contain a statement that refusal of the reemployment shall result in removal of such employee’s name from the jurisdictional layoff list. Each recalled employee shall be allowed 10 calendar days from the date of receipt of the letter to

return to work, and such time limit shall be explained to the employee in the notification of recall letter. In the event, of extenuating circumstances (e.g., illness, injury, absence from city or state or other good cause as determined by the Commission) preventing the employee from returning within the above time limit. the employer shall grant a reasonable extension, not to exceed 60 days. In the absence of extenuating circumstances an employee not accepting or declining reinstatement or reemployment within ten (10) days shall be deemed to have declined reinstatement or reemployment for purposes of removal under these rules.

For purposes of recall, it shall be the employee’s responsibility to have a current address on file with the appointing

authority.

(e) Appeal of layoff or reduction

Any laid off or displaced employee may file a written appeal of the layoff or displacement with the State Personnel board of Review. Such appeal must be filed no later than 10 days after receiving notice of layoff or displacement.

(3) Layoffs or reductions in the police and fire departments.

Whenever it becomes necessary in the police and fire departments* through lack of work or funds, or for causes other than those outlined in section 124.34 of the Revised Code, to reduce the force in such department, such changes shall be made in accordance with the provisions of section 124.37 of the Revised Code.

(4) Reinstatements

Any permanently appointed employee who has resigned without delinquency may be reinstated, without requisition upon the Civil Service Commission, by an appointing authority at any time within one (1) year from the date of such separation provided there are no former employees of the department who have been laid off and those

names appear on the eligible list for the class. A notice of such reinstatement shall be sent to the Commission for its approval.

(C) Layoffs or reductions in the police or fire departments

Whenever it becomes necessary in the police or fire departments, through lack of work or funds, or for causes other than those outlined in RC 124.34, to reduce the force in such department, such changes shall be made in accordance with RC 124.37.

(D) Establishment of “layoff” lists

The names of persons holding permanent positions in the classified service which have been abolished or made unnecessary shall be placed by the Commission on an appropriate “layoff” list in order of their original appointment, and for a period not exceeding one year shall be certified to all appointing authorities as in the case of original appointments. Whenever discontinued positions are reestablished by an appointing authority and a request is made for certification of eligibles, former employees of the department in question who have been laid off and whose names appear on the “layoff” list shall be first to receive appointment.

(E) Reinstatements

Any permanently appointed employee who has resigned without delinquency may be reinstated, without requisition upon the Civil Service Commission, by an appointing authority at any time within one year from the date of such separation, provided there are no former employees of the department who have been laid off and whose names appear on the eligible list for the class. A notice of such reinstatement shall be sent to the Commission for its approval.

(F) Leave of absence

With the consent of the Commission, the appointing authority may grant a leave of absence to an employee in the classified service for a period not exceeding one year, and upon the expiration of such leave of absence such officer or employee shall be reinstated. Provided, that if the officer or employee is a provisional appointee under RC 124.30, the leave of absence is subject to the establishment of an eligible list and terminates automatically in case an eligible list for said position is established at any time 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.

(G) Absence without leave; reinstatement

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 days shall be considered 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. Provided, that if at any time within thirty days the person so absenting himself shall make satisfactory explanation to the Commission of the cause of 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. Provided, that if an officer or 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.

The tenure of every officer or employee in the classified service of the City 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 incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of RC 124.01 to 124.64, or the rules of the Commission, or any other failure of good behavior, or any other act of misfeasance, malfeasance, or nonfeasance in office.

In any case of reduction, a suspension of more than 40 work hours in the case of an employee exempt from the payment of overtime compensation, a suspension of more than 24 work hours in the case of an employee required to be paid overtime compensation, a fine of more than 40 hours’ pay in the case of an employee exempt from the payment of overtime compensation, a fine of more than 24 hours’ pay in the case of an employee required to be paid overtime compensation, or removal, except for the reduction or removal of a probationary employee, the appointing authority shall furnish such employee with a copy of the order of reduction, suspension, or removal, which order shall state the reasons therefor. Such order shall be filed with the Commission.

Within ten days following the filing of such order the employee may file an appeal, in writing, with the Commission. In the event such an appeal is filed, 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 its filing with the Commission, and it may affirm, disaffirm, or modify the judgment of the appointing authority.

In cases of removal or reduction in pay for disciplinary reasons, either the appointing authority or the officer or employee may appeal from the decision of the Commission to the Court of Common Pleas in accordance with RC 119.12.

In the case of the suspension, demotion, or removal of the Chief of Police or any member of the police department, an appeal on questions of law and fact may be had from the decision of the Commission to the Court of Common Pleas. Such appeal shall be taken within thirty days from the date of notice of the finding of the Commission.

(A) Disciplinary suspension

An employee exempt from the payment of overtime compensation may be suspended for a period not exceeding 40 work hours for purposes of discipline, without the right of appeal. An employee required to be paid overtime compensation may be suspended for a period of no more than 24 work hours for purposes of discipline, without the right of appeal. Provided, that successive suspensions shall not be allowed.

(B) Absence without leave

Absence from duty without leave for any time, or failure to report if leave has expired, shall be considered “neglect of duty” and cause for removal.

(C) Falsification in application

Falsification of any statement in an application for examination shall be considered “dishonesty” and sufficient cause for removal.

(D) Procedure to be followed in removals

The discharge of an employee by an appointing authority shall not become effective until such appointing authority shall have first:

(1) Served such employee a written order of removal, which order shall contain one or more statutory reasons as grounds for discharge, together with such specifications of facts as shall place him fairly upon his defense; and

(2) Filed with the Commission a copy of such order of removal within the time allowed.

(E) Appeal

Any such employee so removed may appeal from the order of such appointing authority to the Commission within ten days after the effective date of such removal as set forth in the order of removal.

(A) Time of hearing; notifications

Upon receipt from an employee or officer in the classified service of the City of Niles, a timely appeal from an order of removal, reduction in pay or position, or suspension as provided by these rules, the Commission shall set a time and place to hear such appeal and shall notify the appropriate appointing authority, as well as the employee and his attorney, if known.

(B) Amendments to orders

Amendments to the orders of removal, reduction in pay or position, or suspension may be made by the appointing authority at any time, provided the employee and his attorney, if any, receive copies of the amended order prior to ten calendar days before the time set for the hearing.

(C) Hearing procedure

In the hearing of such appeals the order of procedure shall be as follows:

(1) The appointing authority taking action affecting the employee shall adduce the  evidence in support of the charges and specifications.

(2) The employee affected shall then produce such evidence as he may wish to present to refute such charges.

(3) The appointing authority may offer evidence in rebuttal. The Commission may, in its discretion, hear arguments.

(D) Rules of evidence; representation by counsel

The production of evidence on the hearing of appeals and the Commission’s decision thereof shall be governed in general by the rules of evidence, degree of proof, and burden of proof applied by courts in civil cases. The appellee and appellant may be represented by counsel.

(E) Resignation before final action

The acceptance by an appointing authority of the resignation of a person discharged, before the final action by the Commission, will be considered a withdrawal of the charges. Notice of such resignation shall be submitted immediately to the Commission. The separation of the employee thus resigning shall be entered upon the records of the Commission and the proceedings dismissed without judgment.