Cross References

Appeals from police or firefighters - see CHTR. Sec. 109

Municipal Civil Service - see Ohio R.C. 124.37

Employment regulations - see ADM. Ch. 161

Ordinances affecting employees - see ADM. 163.01

Work reports - see ADM. 163.02

The mayor, with the concurrence of council, shall appoint three electors of the city as civil service commissioners. The members of the existing civil service commission shall continue in office for the terms for which they were appointed. Thereafter members of the civil service commission shall be appointed to serve for a term of six years and until their successors have been appointed and have qualified. A vacancy shall be filled in like manner for the unexpired term.

The commission shall designate one of its members as president, shall appoint a secretary, and such other officers and employees as council may provide.

The Civil Service of the City is hereby divided into the unclassified and the classified service.

(1)

The unclassified service shall include:

(a)

All officers elected by the people.

(b)

Executive Staff and all other staff of the office of the mayor unless stated otherwise in this section.

(c)

All directors, deputy directors, and assistant directors of the departments.

(d)

The legislative assistants to the city council members.

(e)

The treasurer and the deputy treasurer.

(f)

The city clerk and one secretary.

(g)

The deputy auditor and assistant auditors.

(h)

The legal assistants to the city attorney.

(i)

The public defender.

(j)

Two secretaries to each elective officer and to each department director.

(k)

One secretary and one assistant or clerk for each board or commission appointed by the mayor.

(l)

All officers and members of boards and commissions whose appointment is subject to concurrence by council.

(2)

The classified service shall comprise all positions not specifically included by this charter in the unclassified service. There shall be in the classified service two classes, to be known as the competitive class and the non-competitive class.

(a)

The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations.

(b)

The noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character and unskilled positions for which it is impracticable to give competitive examinations, as may be determined by the rules of the commission.

(Amended 11-5-85; 11-3-98; Ord. No. 2199-2022, § 2, 7-25-2022).)

The commission shall prescribe, amend and enforce rules for the classified service, shall keep minutes of its proceedings and records of its examinations and shall make investigations concerning the enforcement and effect of the civil service provisions and of the rules thereunder. The rules shall provide:

(a)

For the classification and standardization of all positions in the classified service.

(b)

For open competitive examination in the competitive class, to test the relative knowledge, skills, abilities and other characteristics of applicants for such positions. Employees of any public entity taken over by the city, who are in the service of said entity at the time of such acquisition, shall come under the provisions of the merit system without examination, but vacancies thereafter occurring in such service shall be filled from eligible lists in the manner herein provided.

(c)

For public notice on the City website of all competitive examinations.

(d)

For the creation of eligible lists upon which shall be entered the names of successful candidates in order of their standing in such examinations or tests.

(e)

For the rejection of candidates or eligibles who fail to meet job related qualifications and standards, or who have attempted deception or fraud in connection with any examination.

(f)

For the use of no more than three bands for each competitive eligible list, for the assignment of eligibles into bands based upon their test scores and for the certification to the appointing authority, from the appropriate eligible list to fill a vacancy in the competitive class.

(g)

For provisional employment without examination, in the absence of an eligible list. But no such employment shall continue after the establishment of a suitable eligible list.

(h)

For temporary employment not to exceed sixty days. No person shall receive more than one such appointment during any twelve-month period.

(i)

For noncompetitive appointments to positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character. Also for noncompetitive appointments for certain unskilled job categories where it is impracticable to determine the merit and fitness of applicants by competitive examinations.

(j)

For promotion based on competitive examinations and demonstrated knowledge, skills, abilities, seniority, and other characteristics associated with such positions. Lists shall be created and promotions made therefrom of candidates in the same manner as in original appointments; provided that for promotional vacancies in the uniformed ranks of the Police and Fire Divisions, each promotional vacancy shall be filled from one of the three persons standing highest on the appropriate eligible list; and further provided, that any advancement in the uniformed ranks shall constitute promotion and, whenever practicable, vacancies in the uniformed ranks shall be filled by promotion.

(k)

For transfer from a position to a similar position in the same class and grade and for reinstatement on the eligible list within three years of persons who, without fault or delinquency on their part, are separated from the service or reduced in rank.

(l)

For suspension, by the appointing authority, for purposes of discipline, for a period not to exceed thirty days at any one time.

(m)

For discharge or reduction in rank or compensation, only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated in writing, and has been given an opportunity to be heard. The reason for such discharge or reduction and any reply in writing thereto by such employee shall be filed with the commission.

(n)

For investigating and keeping a record of the efficiency of officers and employees in the classified service, and for requiring markings and reports relative thereto from appointing officers.

(o)

For a probationary period of not less than 90 days or more than one year following appointment, unless associated with a formal training program. Time served as a provisional employee in the same position shall be included in the designated probationary period, and the probationary period shall be uniform within the same class. There shall be no probationary period for an appointment resulting from a competitive, promotional examination for the uniformed ranks of the Police and Fire Divisions. The probationary period shall be considered a part of the selection process as a work test period. No appointment shall be permanent until after appointment from a certification list and expiration of the probationary period. The service of any probationary employee may be terminated by the appointing authority at any time during the probationary period or at the end of the probationary period by submitting a written report to the commission and the employee specifying the reason the employee is found to be unsatisfactory and such removal shall be final. Failure to make such report to the commission prior to the expiration of the probationary period shall automatically make the appointment permanent. An employee removed by the appointing authority during or at the end of the probationary period may be restored to the eligible list if the commission determines the employee would be suitable for appointment to another position. There shall be no appeal of any kind from the action of the appointing authority removing an employee during or at the end of the probationary period.

(p)

For the publication of the rules and amendments thereto in the City Bulletin. The commission shall adopt such other rules, not inconsistent with the provisions of this section, as may be necessary and proper for the enforcement of the merit system.

(q)

For certifying as a permanent appointee, any employee in provisional status on July 16, 1994, who on or before July 16, 1996, has successfully completed two years of service in the same civil service class if no competitive examination has been administered for the civil service class during the two year period. The rule provided for under this paragraph (q) shall not apply to or affect any position in a civil service class in the uniformed ranks of the Divisions of Fire or Police.

(r)

For the establishment of a veterans' preference credit for qualified veterans seeking employment in the open competitive class of the civil service of the City.

(Amended 11-8-94; 11-3-98; Ord. No. 1747-2014, 7-21-2014; Ord. No. 2199-2022, § 2, 7-25-2022)

Except as otherwise provided in this charter any employee of the City of Columbus in the classified service, who is suspended, reduced in rank or compensation or discharged may appeal from such decision or order therefor, to the civil service commission within ten days from and after the date of such decision or order. In such event, the commission shall forthwith notify the official issuing the order of suspension, reduction or discharge, who shall forthwith transmit to the commission a copy of the charges and proceedings thereunder. The commission shall hear such appeal in accordance with the established commission rules, and may affirm, disaffirm or modify the action of such officer and the commission's judgment in the matter shall be final.

(Adopted 5-2-67; Ord. No. 2199-2022, § 2, 7-25-2022.)

All examinations shall be practical and impartial and shall relate to those matters which will fairly test the relative capacity of the persons examined to discharge the duties of the position for which appointment is sought.

When a position in the competitive classified service is to be filled, the appointing authority shall notify the commission of that fact and the commission shall certify, to such authority names of candidates standing in the highest band on the eligible list for the class to which such position belongs; provided that for promotions in the uniformed ranks of the Police and Fire Divisions only three names shall be certified. The appointing authority shall appoint one of the persons certified to such position in accordance with established Commission rules.

When no eligible list for such position exists, or when the eligible list has become exhausted and until a new list can be created, the appointing authority may make a provisional appointment. A person certified from an eligible list more than three times to the same or similar position may be omitted from future certifications to such appointing authority.

(Amended 11-8-94; Ord. No. 2199-2022, § 2, 7-25-2022.)

The commission shall maintain a list of all persons in the service, showing in connection with each name, the position held, the date and character of each appointment and of every subsequent change in status. Each appointing officer shall promptly transmit to the commission all information required for the establishment and maintenance of the list.

(Adopted 8-8-60; Ord. No. 2199-2022, § 2, 7-25-2022.)

It shall be unlawful for the treasurer or other public disbursing officer to pay any salary or compensation for service to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bear the certificate of the commission that the persons named therein have been appointed or employed in accordance with the civil service provisions of this charter and of the rules established thereunder.

In any investigation or hearing conducted by the commission it shall have the power to subpoena and require the attendance of witnesses and the production of books and papers pertinent to the investigation and to administer oaths to such witnesses.

No person in the classified service or seeking admission thereto, shall be appointed, reduced, laid off, discharged or in any way favored or discriminated against because of political opinions or affiliations.

No person in the classified service shall directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving any assessment, subscription or contribution for any political party or political purpose whatever. No person shall orally, or by letter, solicit, or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or for any candidacy, from any person holding a position in the classified service.

No person who holds any public office, or who has been nominated for, or who seeks a nomination or appointment to any public office, shall use or promise to use either directly or indirectly, any official authority or influence in order to secure or aid any person in securing any office or employment in the classified service, or any promotion or increase of salary therein, as a reward for political influence or service, or for service in behalf of any candidacy.

(Amended 11-3-98.)

Any person or officer who alone or in cooperation with one or more persons, willfully or corruptly deceives or obstructs any person in respect to the right to be examined for admission to the service of the city; or falsely or corruptly marks, grades or reports upon the examination or proper standing of any person examined for appointment in the civil service, or aids in so doing; or willfully or corruptly makes any false representation as to the results of such examination or concerning the person so examined; or willfully or corruptly furnishes to any person special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined or to be examined or to be appointed, employed or promoted; or willfully impersonates any other person or permits or aids, in any manner, any other person to impersonate another in connection with any examination or registration, application or appointment, or request to be examined or registered; or who makes known or assists in making known to any applicant for examination, any question to be asked on such examination; or willfully violates any of the civil service provisions of this charter shall, for such offense, be deemed guilty of a misdemeanor, and upon conviction thereof before the municipal court, shall be fined not less than ten dollars nor more than one hundred dollars, or imprisoned not more than ten days, or both.

(Amended 11-3-98.)

Residency shall be in accordance with general laws of the state of Ohio.

(Amended 5-4-71; Ord. No. 2199-2022, § 2, 7-25-2022.)