The Mayor shall appoint five electors of the City as Civil Service Commissioners to serve for terms of six years. The Mayor shall designate one of said commissioners as the Secretary of said Commission.
No member of the Commission shall hold any other public office or employment except that of notary public or member of the State militia. Members of the existing Civil Service Commission shall continue in office as though appointed in accordance with the provisions of this section and, as their terms expire, their places shall be filled by the Mayor for terms of six years. Not more than three members of the Civil Service Commission shall be members of the same political party. The Mayor shall fill any vacancy in the Commission for the unexpired term. A member of the Civil Service Commission may be removed by the Mayor for neglect of duty, incapacity, incompetency, or malfeasance in office, but only after opportunity has been given for a public hearing before the Mayor, to be held at least øten days after written charges have been made and notice thereof been given to the accused member. Such member shall be heard in person or by counsel; and such removal shall be final.
(Effective November 21, 1967)
The Civil Service Commission shall designate one of its members as President and shall appoint a Chief Examiner and such other officers and employees as may be necessary. The salaries of the Commission shall be determined by the Council and a sufficient fund shall be appropriated each year to carry out the civil service provisions of this Charter. The salaries of the Chief Examiner and other subordinates shall be fixed by the Commission.
(Effective November 21, 1967)
The civil service of the City is hereby divided into the unclassified and classified service.
1. The unclassified service shall include:
(a) All officers elected by the people.
(b) All directors and assistant directors of departments.
(c) The Clerk of Council.
(d) The Chief of Police, four Deputy Chiefs of Police, and twelve Commanders of Police.
(e) The members of all boards or commissions appointed by the Mayor and of advisory boards appointed by the director of a department.
(f) The secretary to the mayor and one secretary for each director of a department.
(g) Executive Assistants to the Mayor and Special Assistants to the Mayor, provided, however, that there shall be no restrictions as to their duties or assignments.
(h) Temporary employees for a period not to exceed ninety (90) days and seasonal employees for a period not to exceed one hundred and eighty (180) days.
(i) Students enrolled in a recognized educational institution and in a course of training in preparation for an administrative or professional career in the public service and employed upon the recommendation of the official in charge of personnel administration as student aides for training purposes without limitation as to assignment or duties.
(j) School crossing guards.
(k) Members of the auxiliary police force.
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 three classes to be known as the competitive class, the noncompetitive class and the general labor 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 tests.
(b) The noncompetitive class shall include all positions requiring specialized training, or skills requiring certifications or licensure, and qualifications of a scientific, business, managerial, professional or educational character, as may be determined by the Commission. The fitness of applicants in the non-competitive class shall be based on the applicant's knowledge, skills and abilities relative to the qualifications for the position.
(c) The general labor class shall include semi-skilled and unskilled labor positions for which it is impractical to give competitive tests. The positions shall be filled from a registration list established and maintained by the Commission. The Commission shall register applicants for positions in the general labor class either continuously or at times as there are vacancies to be filled, provided, however, that no registration may be accepted until public notice of the intention to so accept registrations shall be made by the Commission. Priority of registration shall determine an applicant's place on the registration list, provided the applicant meets required standards as to age, citizenship, physical fitness and residence as established by the Commission.
(Effective November 4, 2008)
The Civil Service Commission shall make, promulgate, and when necessary may amend, rules for the appointment, promotion, transfer, lay-off, reinstatement, suspension and removal of City officials and employees in the classified service. Before any such rules or amendments shall become effective they shall be printed and an opportunity given for a public hearing thereon to be held after reasonable notice thereof has been given by the Commission. The Commission shall report its proceedings to the Mayor upon his request, and shall make a report to the Mayor at the beginning of each fiscal year.
(Effective November 9, 1931)
The rules of the Civil Service Commission shall among other things, provide:
(a) For the standardization and classification of all positions and employments in the classified service of the City, including officers and employees of the Civil Service Commission. Such classification into groups and subdivisions shall be based upon and graded according to duties and responsibilities and so arranged as to promote the filling of the higher grades, so far as practicable, through promotions.
(b) For open competitive tests to ascertain the relative fitness of all applicants for appointments in the competitive class.
(c) For public notice in the City Record or otherwise of the time and place of all competitive tests.
(d) For the creation of eligible lists upon which shall be entered the names of successful candidates in the order of their standing in the competitive tests.
(e) For the rejection of candidates or eligibles who fail to comply with reasonable requirements as to age, sex, physical condition and moral character, or who have attempted deception or fraud in connection with any test.
(f) For the certification to the appointing authority, from the appropriate eligible list to fill a vacancy in the competitive class, of the three persons standing highest on such list, or of the person or persons on such list when it contains three names or less.
(g) For temporary employment without test, in the absence of an eligible list. But no such temporary employment shall continue after the establishment of a suitable eligible list.
(h) For temporary employment for periods not to exceed thirty days.
(i) For noncompetitive tests for appointments to positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character.
(j) For promotion based on competitive tests and records of efficiency, character, conduct and seniority.
(k) For transfer from a position to a similar position in the same class and grade and for reinstatement on the eligible list within one year 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 in his own defense. The reasons 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 classification service, and for requiring markings and reports relative thereto from appointing officers.
(o) For the publication of the rules and amendments thereto in the City Record.
The Commission shall adopt other rules, not inconsistent with the foregoing provisions of this section as may be necessary and proper for the enforcement of the merit system, and to provide for the procedure of the Commission.
(Effective November 9, 1931)
Tests required by the Civil Service Commission shall be practical and shall relate to matters which fairly measure the relative fitness of the candidates to discharge the duties of the positions to which they seek appointment. No question in any such test shall relate to political or religious opinion, affiliation or service; and no appointment, transfer, lay-off, promotion, reduction, suspension, or removal shall be affected or influenced by such opinion, affiliations or service.
(Effective November 9, 1931)
Eligible lists created by the Commission shall remain in force not longer than two years. In the absence of an appropriate eligible list, any place may be filled temporarily, without test, for the period limited by the civil service rules, but not exceeding one year. During such period the Commission shall hold the necessary tests for filling any such place permanently. With the consent of the Commission, persons may be temporarily employed for transitory work without test, but no such employment shall continue for more than sixty days, or be renewed.
(Effective November 4, 2008)
When any position in the classified service, except the ordinary unskilled labor class, is to be filled, the appointing authority shall notify the Commission of the fact and the Commission shall certify to such authority the names and addresses of the three candidates standing highest on the eligible list for the class or grade to which such position belongs. The appointing authority shall appoint to such position one of the three persons whose names are so certified. When the eligible list contains less than three names, such names shall be certified, from which the appointing authority may appoint one for such position, except that when the position is promotional the appointing authority shall appoint one for such position. A person certified from the eligible list more than three times to the same or similar position may be omitted from future certification, but certification for a temporary appointment shall not be counted as one of such certifications.
When any position in the unskilled labor class is to be filled, the appointing authority shall notify the Commission of that fact, and the number to be appointed whereupon the Commission shall certify to the appointing officer the names and addresses of twice the number of candidates required to fill such position or positions in the order of their standing on the appropriate eligible list. The appointing officer shall, without restriction as to order, appoint to such position or positions from among the candidates so certified. The name of a person, not selected for appointment, whose standing on the eligible list is above the names of the last person appointed from such certification shall not be again certified, except upon request, to the same appointing officer. The name of a person not selected for appointment, after being certified to two separate appointing officers shall not again, except upon request of an appointing officer, be certified, but certification for a temporary appointment shall not be counted as one of such certifications.
All original and promotional appointments shall be for a probationary period of not to exceed six months to be fixed by the rules of the Commission, and no appointment or promotion shall be deemed finally made until the appointee has satisfactorily served his probationary period. At the end of the probationary period, the appointing officer shall transmit to the Commission a record of the employee's service certifying that such service has been satisfactory or unsatisfactory and if such service is unsatisfactory, the employee may, with the approval of the Commission, be removed or reduced without restriction; but dismissal or reduction may be made during such period, as is provided for in Section 121 of the Charter.
When no eligible list for a position exists, or when the eligible list has become exhausted and until a new list can be created, names may be certified from the eligible list most nearly appropriate to the position to be filled.
(Effective November 6, 1951)
Employees in the classified service who were hired in their current position on or before August 6, 2008 and who serve in that position for 90 consecutive days or longer without test by the Commission, who meet the qualifications for that position, and who have an employment record that is satisfactory shall become regular employees in that position without test. Any employee who becomes a regular employee in his or her position under this section is not eligible to apply for any other position in the classified service without test and compliance with all other provisions of the laws of the City of Cleveland and rules promulgated by the Commission.
(Effective November 4, 2008)
No person shall be appointed or employed in the service of the City under any title not appropriate to the duties to be performed, and no person shall be transferred to or assigned to perform any duties of a position subject to competitive test unless he shall have been appointed to the position from which the transfer is made as a result of competitive test equivalent to that required for the position to be filled.
(Effective November 8, 1938)
Wherever practicable, vacancies shall be filled by promotion. Any advancement in rank or increase in salary beyond the limits fixed for the grade shall constitute a promotion. Lists shall be created and promotions made therefrom of candidates in the same manner as in original appointments; provided, however, that less than three shall constitute an eligible list, and the appointing authority shall appoint from the eligible list.
(Effective November 8, 1938)
The lists of eligibles based upon tests held by the Civil Service Commission, with the respective grades of candidates, shall be open to public inspection. Any person appointed from an eligible list laid off for lack of work or appropriation shall be placed at the head of such eligible list and shall be eligible for reappointment for the period of eligibility provided by the rules of the Commission.
(Effective November 9, 1931)
The Civil Service Commission shall maintain a list of all persons in the classified service, showing in connection with each name the position held, the date and character of each appointment and every subsequent change in status. Each appointing officer shall promptly transmit to the Commission all information required for the establishment and maintenance of such list. The Treasurer shall not pay, nor shall the Commissioner of Accounts issue a voucher for the payment of, any salary or compensation to any person holding a position in the classified service unless the payroll or account of such salary or compensation shall bear the certificate of the Civil Service Commission that the persons named therein have been appointed or employed and are performing service in accordance with the civil service provisions of this Charter and the rules established thereunder. Any sums paid contrary to the provisions of this section may be recovered from any officer paying or authorizing the payment thereof and from the surety on his official bond.
(Effective November 9, 1931)
The official in charge of personnel administration pursuant to appointment by the Mayor shall establish standards of efficiency and conduct for the officers and employees in the classified service. It shall be his duty to adopt and administer a plan for the equitable and periodic measurement of such conduct and efficiency. It shall also be his duty to maintain complete records of such measurements which shall be used in determining eligibility for increases in rates of compensation; by appointing officers and the Civil Service Commission for assistance in determining the order of layoff and in disciplinary actions; by the Civil Service Commission for assistance in determining eligibility for promotion; and by other officers, as needed, for the betterment of the public service.
(Effective November 6, 1951)
The Civil Service Commission may make investigations concerning the facts in respect to the execution of the civil service provisions of this Charter and of the rules established thereunder, and concerning the general condition of the civil service of the City or any branch thereof. Written charges of misconduct or inefficiency against any officer or employee in the classified service may be filed with the Civil Service Commission by any person. The Commission shall investigate such charges and report its findings to the authority responsible for the appointment of the officer or employee against whom the charges have been made. Each member of the Commission or any person whom the Commission may appoint to make any investigation authorized or required by this section, shall have 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.
(Effective November 9, 1931)
No person shall willfully or corruptly make any false statement, certificate, mark, grading or report in regard to any test or appointment held or made under the civil service provisions of this Charter, or in any manner commit or attempt to commit any fraud upon the impartial execution of any such provisions or of the civil service rules and regulations.
(Effective November 9, 1931)
No person in the administrative service of the City shall directly or indirectly give, solicit or receive, or be in any manner concerned in giving, soliciting or receiving any assessment, subscription or contribution for any political party or 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 purpose from any person holding a position in the administrative service. No person shall use or promise to use his influence or official authority to secure any appointment or prospective appointment to any position in the service of the city as a reward or return for personal or partisan political service. No person shall take part in preparing any political assessment, subscription or contribution with the intent that it shall be sent or presented to or collected from any person in the administrative service of the City; and no person shall knowingly send or present, directly or indirectly in person or otherwise any political assessment, subscription or contribution to, or request in payment by, any person in such service.
(Effective November 9, 1931)
No person about to be appointed to any position in the administrative service of the City shall sign or execute a resignation, dated or undated, in advance of such appointment. No person in the service of the city shall discharge, suspend, lay off, reduce in grade or in any manner change the official rank or compensation of any person in such service, or promise or threaten to do so, for withholding or neglecting to make any contribution of money or service or any valuable thing for any political purpose. No person in the service of the City shall use his official authority to influence or coerce the political action of any person or body, or to interfere with any nomination or election to public office. No person in the classified service of the City shall act as an officer of a political organization or take part in a political campaign, or serve as a member of a committee of any such organization, or circulate or seek signatures to any petition provided for by primary or election laws, or act as a worker in favor of or in opposition to any candidate for public office.
(Effective November 9, 1931)
It shall be the duty of the Civil Service Commission to supervise the execution of the foregoing civil service provisions of this Charter and the rules made thereunder, and it shall be the duty of persons in the service of the City to comply with such rules and to aid in their enforcement. Any person who, by himself or in cooperation with one or more persons, willfully or corruptly deceives or obstructs any person in respect to his right to take part in any test for admission to the service of the City; or willfully or corruptly marks, grades or reports upon the test or proper standing of any person tested for appointment in the civil service, or aids in so doing; or willfully or corruptly makes any false representations as to the results of such tests or concerning the person so tested; 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 tested or to be tested, or to be appointed, employed or promoted; or willfully impersonates any other person or permits or aids, in any manner, any persons to impersonate him in connection with any test, registration, application or appointment, or request to be tested or registered; or who makes known or assists in making known to any applicant for test, in advance of such test, any question to be asked on such test; or willfully or through culpable negligence violates any of the civil service provisions of this Charter, or any of the rules of the Commission made in pursuance thereof, shall be deemed guilty of a misdemeanor and upon conviction thereof before the Municipal Court shall be fined not less than fifty ($50.00) dollars nor more than one thousand ($1,000.00) dollars, or imprisoned not more than six months, or both. If such person be an applicant for competitive test he shall be excluded therefrom; if he be an eligible his name shall be removed from the eligible list; and if he be an officer or employee of the City he shall immediately forfeit his office or employment.
(Effective November 9, 1931)