Questions regarding division 2 of existing Section 128:

Proposal 114: Should section be amended to provided that any changes to the existing classifications after the date of passage of this section, including the creation or elimination of any classification or any changes to the duties and tasks assigned to classifications, shall be submitted to the City Council for approval and will take effect only after said approval?

Proposal 115: Should section be amended to provide that when the layoff of City employees is due to lack of funds, the layoff(s) shall be supported by the universally accepted accounting rules and methods issued for municipal governments by the Government Accounting Standards Board; that prior to any layoff becoming effective, the Department of Finance shall file with the Civil Service Commission a statement of justification prepared in accordance with GASB standards; and that the statement of justification, including supporting financial statements, shall be part of the public record and shall be published in the City Record for three consecutive weeks prior to the layoff(s) becoming effective?

Proposed Language:

§ 128     Required Provisions of Rules

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. Any changes to the existing classifications after the date of passage of this section, including the creation or elimination of any classification or any changes to the duties and tasks assigned to classifications, shall be submitted to the City Council for approval and will take effect only after said approval.

(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.

(p) That when the layoff of City of Cleveland employees is due to lack of funds, the layoff(s) shall be supported by the universally accepted accounting rules and methods issued for municipal governments by the Government Accounting Standards Board. Prior to any layoff becoming effective, the Department of Finance shall file with the Civil Service Commission a statement of justification prepared in accordance with GASB standards. The statement of justification, including supporting financial statements, shall be part of the public record and shall be published in the City Record for three consecutive weeks prior to the layoff(s) becoming effective.

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.

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