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06/09/1997 Minutes
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06/09/1997 Minutes
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N Olmsted Boards & Commissions
Year
1997
Board Name
Civil Service Commission
Document Name
Minutes
Date
6/9/1997
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termination within ninety days of initial appointment. He advised this language establishes testing <br />criteria for provisional appointments without conflicting with the collective bargaining agreements. <br />Mr. Cummings clarified under the current rules, someone can be hired and have to take a test after <br />being employed for six months. Mr. Wilamosky confirmed Police Officer and Firefighter positions <br />are the only two in which provisional appointments are prohibited. Mr. Vance quoted from <br />Section 1, subsection a under emergency appointments in the suggestions which read "Emergency: <br />Whenever there exists an urgent reason for filling a vacancy in any position in the classified service <br />and the Commission does not have a valid eligible list for such position." He wondered if a <br />promotional appointment to lieutenant or captain can be made under this provision. Mr. <br />Wilamosky believed chapter 124.45 of the Ohio Revised Code provides provisions that prohibit <br />this type of activity. Mr. Vance was worried that section 124.45 did not supersede Section 1-a of <br />Rule IX (admin. suggestions). Mr. Cummings suggested adding some verbiage stipulating that <br />Emergency appointments can not be made for police and fire. Mr. Vance also had a question <br />about the Exceptional appointments as under this provision it appears if the fire chief retired, a fire <br />chief from another municipality could be hired under the exceptional appointment provision. Mr. <br />Wilamosky believed he had this exception in his original draft, but removed it because promotional <br />appointments must be made in accordance with chapter 124.45 of the revised code. Mr. <br />Cummings advised a provision should be added preventing promotions made by exception and <br />emergency. Mr. Wilamosky was unsure this should be done as chapter 124.45. may provide for <br />this type of appointment. Mr. Vance believed if section 124.45 supersedes this section, it should <br />be stipulated. Mr. Wilamosky agreed to provide Mr. Vance with a copy of chapter 124.45. Mr. <br />Vance maintained, regardless of if there is language preventing this in chapter 124.45, it should be <br />stipulated that the provisions in Rule IX do not supersede chapter 124.45. The members of the <br />commission and Director Wilamosky did not believe this would be a problem. Mr. Cummings <br />noted there is nothing under entry level that stipulates this type of appointment cannot be made. <br />Mr. Wilamosky believed some sort of disclaimer was already included, but was unsure of the <br />location. He advised page 5 section 7-a of the suggestions provides for the testing requirement. <br />Mr. Vance noted it is covered in subsection c where it states "Such appointments shall be made in <br />accordance with other requirements set forth in Chapter 124 of the Ohio Revised Code." Mr. <br />Wilamosky clarified the only way a change would be needed is if the O.RC. changes. He agreed <br />to provide Mr. Vance with a copy of the Ohio Revised Code, chapter 124.45. The members <br />finished discussing the Temporary, Provisional, Exceptional, and Emergency appointment section. <br />It was noted, for a non -bargaining position, if the commission does not offer a test within one year <br />of appointment, testing is no longer required. For employees covered by a bargaining unit, <br />however, the time period in which testing will be required depends upon the length of the <br />probationary period. If the probationary period is greater than 12 months, the commission must <br />still give a test within 12 months or the appointee is exempt from testing. The commission <br />accepted the modifications included in Rule IX of the suggestions. Director Wilamosky noted <br />some verbiage has been created in Section 6 of Rule IX (admin. suggestions) which requires that <br />the appointing authority submit to the civil service commission an acknowledgment statement from <br />the temporary, provisional, or exceptional appointee, and stipulate what information should be <br />included in the acknowledgment statement. <br />Pages 21 through 23 of the suggestions were verbatim to various sections in the current handbook. <br />)4r. Wilamosky noted there was a typographical error originally made in Rule XII, Section II, as it <br />should read section 124.34. Mr. Vance noted there is a change in section 4-b of rule XII. The <br />suggestion states "In any case of a suspension of less than three (3) days, the appointing authority <br />shall furnish such employee a copy of the order of reduction or suspension except, in cases <br />whereby a notification procedure is established in the affected employees collective bargaining <br />
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