Chapter 303: Civil Service Plan
A. All sections of Ohio Revised Code Chapter 124 and Ohio Administrative Code Chapter 123:1 applicable to employees of Ohio counties that are not specifically amended or superseded by this Chapter, the Administrative Rules of the Personnel Review Commission as ratified and adopted by Council, and the County Personnel Policies and Procedures Manual as adopted by Council remain in full effect in their entirety. In the event of a conflict between the Administrative Rules of the Personnel Review Commission and Title 3, Employment Practices, the Code shall prevail. Substantive changes to the Ohio Revised Code and/or the Ohio Administrative Code as may apply to the county shall be made only through ordinance. In the event a conflict between this Title and a collective bargaining agreement, the collective bargaining agreement shall prevail.
B. Classification Plan.
- The Personnel Review Commission shall administer, subject to approval by County Council, a clear, countywide classification and salary administration system in accordance with the requirements of Section 9.03 of the Cuyahoga County Charter. The Commission shall group positions within a classification so that the positions are similar enough in duties and responsibilities to be described by the same title, to have the same pay assigned with equity, and to have the same qualifications for selection applied. The Commission shall recommend a classification title for each classification within the classification plan. The Commission shall consider in recommending classifications and equitable pay grades, those factors deemed compensable by the County. The Commission shall describe the duties and responsibilities of the class in proposed classifications specifications, and recommend to County Council the qualifications for each position in the class.
- The Commission shall, subject to approval by County Council, assign related classifications that form a career progression to a classification series, and shall assign each series to a job family.
- Classification Plan Maintenance. When, the Personnel Review Commission recommends and Council determines to change the pay grade assigned to an existing classification or create a new classification, the Director of Human Resources is authorized to set the pay of affected employees, if any. Determination of pay shall not be arbitrary or capricious, or based on nepotism, political affiliation or any other factor that violates the Code of Ethics codified in Title 4 or any other County, state or federal law. Individual pay determinations shall be based on relevant factors, including direct experience performing the job functions, qualifications, the labor market, the pay of other employees assigned to the same classification, and any other factors deemed by the Director of Human Resources to be relevant to the individual case, with the relative importance of all factors to be as determined by the Director to be the most appropriate for the individual case. If funds are available, any pay rate change resulting from this process may be implemented no later than the first full pay period of the following calendar year, unless the Executive determines, in his/her discretion, to implement the change earlier. Pay determinations by the Director under this section that do not result in a reduction in pay shall not be subject to appeal.
C. Position Audits.
- The Director of Human Resources may initiate a position audit and, based on the results of the audit, may reassign any employee to the proper classification, as long as the employee is performing the essential job functions of the classification identified by the Director at least fifty percent (50%) of his/her time for a minimum of one hundred and twenty (120) consecutive calendar days and the employee meets the minimum qualifications for the classification.
- Upon the request of any non-bargaining, non-probationary classified employee, the Director of Human Resources shall perform a position audit to review the employee’s position for the sole purpose of determining whether the employee is properly assigned to his/her classification and, if not, to identify the proper classification. The Director of Human Resources shall give to the affected employee and to the employee’s appointing authority a written notice of the Director’s determination. Reassignment may only occur if the employee continues to perform essential job functions that are exclusive to another classification at least fifty percent (50%) of his/her time for a minimum of one hundred twenty (120) calendar days, and the employee meets the minimum qualifications for the classification. An employee may not request a position audit more than once in a twelve (12)-month rolling period unless approved the Director.
- An employee who has been reassigned to a different classification through the position audit process is not required to serve a new probationary period.
- Employees must meet the minimum qualifications of a classification to be assigned to that classification through the position audit process. The Personnel Review Commission shall, on a regular basis, audit final determinations on position audits to verify whether the employee meets the minimum qualifications for the classification to which he/she was reassigned.
- If an employee is reassigned to a different classification through the position audit process referred to in subsections (C)(1) and (C)(2), such placement may result in the employee being reassigned to a classification in the same pay grade, a lower pay grade, or a higher pay grade. If the employee is reassigned to a classification with the same pay grade, the employee’s salary shall not change. If the employee is reassigned to a classification with a lower pay grade, the employee’s pay may be decreased by up to five percent (5%), or set at the new pay grade’s maximum rate, whichever pay decrease is greater, and the pay decrease shall not be retroactive. If the employee is reassigned to a classification with a higher pay grade, the employee’s pay may be increased by up to five percent (5%), or set at the new pay grade’s minimum rate, whichever is greater, and the pay increase shall be retroactive to the first pay period following the date the audit was requested. Pay determinations of the Director under this section shall not be arbitrary or capricious. Individual pay determinations shall be based on relevant factors, including direct experience performing the job functions, qualifications, the labor market, funding, and the pay of other employees assigned to the same classification, and any other factors deemed by the Director of Human Resources to be relevant to the individual case, with the relative importance of all factors to be determined by the Director to be the most appropriate for the individual case.
- In lieu of reassignment pursuant to subsections (C)(1) and (C)(2), the appointing authority may choose, or the Director of Human Resources may direct the appointing authority, to remove or reduce the amount of duties that are in a classification other than the employee’s, and to require the assignment of duties that are within the scope of the employee’s classification, to occur no later than forty-five (45) calendar days from the date of the determination. In such case, the employee shall be compensated with up to a five percent (5%) pay increase for the temporary performance of duties in a higher-paying classification. This pay increase shall be calculated from the first full pay period following the date the audit was requested through the date the employee’s duties were changed. If following the forty-five (45) calendar-day period the employee believes that he/she is still performing job duties of a different classification at least fifty percent (50%) of his/her time, the Commission shall determine whether the employee has been compensated for the performance of the duties in the higher classification, and may order that the duties be removed within a particular time frame and that the employee be compensated.
- If an employee is assigned or reassigned to a classification through exercise of powers granted to the Director of Human Resources in subsections (C)(1), (C)(2), or (D), the Director shall give the affected employee and the employee’s appointing authority written notice setting forth the Director’s determination. If the assignment or reassignment results in a salary reduction, the affected employee shall be offered an opportunity to meet with the Director or designee prior to the determination becoming final. Subsequent to this meeting, or the employee’s waiver of this meeting, the Director shall provide the employee and the employee’s appointing authority written notice of the Director’s final determination. Determination letters may be sent to employees by electronic mail to the employees’ County e-mail addresses.
- Following a final determination of the Director of Human Resources pursuant to Subsections (C)(1), (C)(2), or (D), a non-bargaining, non-probationary employee may file a written appeal with the Personnel Review Commission in accordance with the Personnel Review Commission’s Administrative Rules. Employee’s may also file an appeal to the limited extent authorized by (C)(6).
- Following a determination by the Commission that a non-bargaining, non-probationary employee is performing the essential job functions exclusive to a different classification at least fifty percent (50%) of the time, in lieu of reassignment the appointing authority may choose, or the Director of Human Resources may direct the appointing authority, to remove or reduce duties as provided for in Subsection (C)(6) above.
- Assignment of Current Employees Who Were Not Previously Classified. The Director of Human Resources may assign a County employee who has not previously been assigned to a classification in the classification plan. An employee who has received an assignment pursuant to this Subsection is not required to serve a new probationary period.
D. To ensure pay equity for like positions, the Personnel Review Commission may conduct audits of final pay determinations pursuant to (B)(3), and of final pay determination made pursuant to (C)(5) where appeal rights have expired and there is no pending appeal. When such an audit is conducted, the Department of Human Resources shall provide the Commission with the rationale and supporting documentation for the Director’s final pay determination. The Commission shall provide reports on its audit findings to the Administration and County Council. Nothing in this provision shall require the Commission’s audit of pay determinations within like positions to be restricted or limited solely to those employees whose pay is affected by final pay determinations as a result of maintenance of the class plan or the position audit process, but the Personnel Review Commission will not consider in its audit any employees with a pending appeal related to C (5).
124.34 - Reduction in Pay or Position - Suspension - Removal.
A. The tenure of every officer or employee in the classified service of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts of the state, holding a position under this chapter, shall be during good behavior and efficient service. No officer or employee shall be reduced in pay or position, fined, suspended, or removed except as provided in section 124.32 of the Revised Code, and for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of any policy or work rule of the officer’s or employee’s appointing authority, violation of this chapter or the rules of the director of administrative services or the commission, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony. The denial of a one-time pay supplement or a bonus to an officer or employee is not a reduction in pay for purposes of this section.
This section does not apply to any modifications or reductions in pay authorized by division (A)(2) of Section 124.14, division (O) of section 124.181 or section 124.392 or 124.393 of the Revised Code.
An appointing authority may require an employee who is suspended to report to work to serve the suspension. An employee serving a suspension in this manner shall continue to be compensated at the employee’s regular rate of pay for hours worked. The disciplinary action shall be recorded in the employee’s personnel file in the same manner as other disciplinary actions and has the same effect as a suspension without pay for the purpose of recording disciplinary actions.
A finding by the appropriate ethics commission, based upon a preponderance of the evidence, that the facts alleged in a complaint under section 102.06 of the Revised Code constitute a violation of Chapter 102., section 2921.42, or section 2921.43 of the Revised Code may constitute grounds for dismissal. Failure to file a statement or falsely filing a statement required by section 102.02 of the Revised Code may also constitute grounds for dismissal. The tenure of an employee in the career professional service of the department of transportation is subject to section 5501.20 of the Revised Code.
Conviction of a felony is a separate basis for reducing in pay or position, suspending, or removing an officer or employee, even if the officer or employee has already been reduced in pay or position, suspended, or removed for the same conduct that is the basis of the felony. An officer or employee may not appeal to the state personnel board of review or the commission any disciplinary action taken by an appointing authority as a result of the officer’s or employee’s conviction of a felony. If an officer or employee removed under this section is reinstated as a result of an appeal of the removal, any conviction of a felony that occurs during the pendency of the appeal is a basis for further disciplinary action under this section upon the officer’s or employee’s reinstatement.
A person convicted of a felony immediately forfeits the person’s status as a classified employee in any public employment on and after the date of the conviction for the felony. If an officer or employee is removed under this section as a result of being convicted of a felony or is subsequently convicted of a felony that involves the same conduct that was the basis for the removal, the officer or employee is barred from receiving any compensation after the removal notwithstanding any modification or disaffirmance of the removal, unless the conviction for the felony is subsequently reversed or annulled.
Any person removed for conviction of a felony is entitled to a cash payment for any accrued but unused sick, personal, and vacation leave as authorized by law. If subsequently reemployed in the public sector, the person shall qualify for and accrue these forms of leave in the manner specified by law for a newly appointed employee and shall not be credited with prior public service for the purpose of receiving these forms of leave.
As used in this division, “felony” means any of the following:
- A felony that is an offense of violence as defined in section 2901.01 of the Revised Code;
- A felony that is a felony drug abuse offense as defined in section 2925.01 of the Revised Code;
- A felony under the laws of this or any other state or the United States that is a crime of moral turpitude;
- A felony involving dishonesty, fraud, or theft;
- A felony that is a violation of section 2921.05, 2921.32, or 2921.42 of the Revised Code.
B. In case of a reduction, a suspension of more than forty work hours in the case of an employee exempt from the payment of overtime compensation, a suspension of more than twenty-four work hours in the case of an employee required to be paid overtime compensation, a fine of more than forty hours’ pay in the case of an employee exempt from the payment of overtime compensation, a fine of more than twenty-four 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 serve the employee with a copy of the order of reduction, fine, suspension, or removal, which order shall state the reasons for the action.
An employee may appeal such order in accordance with the Rules set forth by the Personnel Review Commission. If an appeal is filed, the Personnel Review Commission shall forthwith notify the appointing authority and shall hear, or appoint a hearing officer to hear, the appeal. The Personnel Review Commission may affirm, disaffirm, or modify the judgment of the appointing authority. However, in an appeal of a removal order based upon a violation of a last chance agreement, the Personnel Review Commission may only determine if the employee violated the agreement and thus affirm or disaffirm the judgment of the appointing authority.
Either the employee or the appointing authority may appeal the decision of the Personnel Review Commission to the Cuyahoga County Court of Common Pleas in accordance with general law.
C. (Deleted in its entirety)
D. A violation of division (A)(7) of section 2907.03 of the Revised Code is grounds for termination of employment of a nonteaching employee under this section.
E. As used in this section, “last chance agreement” means an agreement signed by both an appointing authority and an officer or employee of the appointing authority that describes the type of behavior or circumstances that, if it occurs, will automatically lead to removal of the officer or employee without the right of appeal to the state personnel board of review or the appropriate commission.
(Clerk's Note: Article IX of The Cuyahoga County Charter was amended by the electors on November 5, 2013 to change the name of the Human Resource Commission to the Personnel Review Commission)
(Ordinance Nos. O2016-0012, Enacted 10/24/2016, Effective 10/25/2016; O2015-0010, Enacted 12/8/2015, Effective 12/10/2015; O2014-0035, Enacted 12/9/2014, Effective 12/12/2014; O2011-0043, Enacted 10/11/2011, Effective 10/12/2011)
Section 303.02 Definitions
As used in Chapter 303 of the Cuyahoga County Code and the Personnel Review Commission’s Rules:
A. Abolishment – Means one of the following:
- Abolishment of Classification – The permanent deletion of a classification from the organization due to lack of continued need for the classification, due to reorganization for efficient operation, economy or lack of work, or other lawful purpose; or
- Abolishment of Position – The permanent deletion of a position from the structure of an Appointing Authority due to lack of continued need for the position, due to reorganization for efficient operation, economy or lack of work, or other lawful purpose.
B. Appeal - An action by which an affected party challenges the decision or determination of an Appointing Authority, the Director of HR, and/or the Commission.
C. Appointment – Placement of an employee in a position.
D. Appointing Authority – Means the same as defined in Section 9.04 of the Cuyahoga County Charter.
E. Classification – Means one of the following:
- A group of positions of sufficiently similar duties that the same title and specification may be assigned to each; or
- The act of assigning a classification title to a position(s) based upon the duties performed.
F. Commission or PRC – The Cuyahoga County Personnel Review Commission.
G. Competitive Examination - Method used by the Commission to assess the relative capability of qualified applicants to perform the duties and responsibilities of the classification.
H. County – As defined in the Charter.
I. Demotion – The act of placing an individual in a position, at the request of an Appointing Authority or the employee, the classification for which carries a lower pay grade than that of the classification the employee currently holds.
J. Director of HR – The Director of the Cuyahoga County Human Resources Department as appointed by the County Executive and confirmed by County Council.
K. Eligibility List – A list of names established by the Commission for the purpose of filling vacancies in the classified service.
L. Ethics Policy – Title IV of the Cuyahoga County Code and any revisions thereto.
M. Human Resources Department – The Cuyahoga County Department of Human Resources.
N. Layoff – A suspension of employment due to either a lack of work or a lack of funds, or other lawful purpose.
O. Meeting – Any prearranged discussion of the public business of the PRC by a majority of its members.
P. Noncompetitive Examination – An examination that evaluates individual candidates based upon established criteria to determine which applicants are qualified to fill appointments to positions requiring exceptional qualifications of a scientific, professional, educational, or managerial character or positions where it is impractical to develop and administer competitive examinations.
Q. Pay – The annual, non-overtime compensation due an employee.
R. Pay Grade – The pay range assigned to a position or classification.
S. Position – The name that applies to a group of duties intended to be performed by an employee.
T. PRC Director - The Director of the Cuyahoga County Personnel Review Commission as appointed by the Commission.
U. Promotion – The appointment of an employee to a different position assigned a higher pay grade than the employee’s previous position.
V. Reassignment – The assignment of an employee to a different classification.
W. Reclassification – The assignment of a position to a different classification.
X. Reduction in Pay – An action that diminishes an employee’s pay. When the conditions of entitling an employee to supplemental pay end, the ending of supplemental pay shall not be considered a reduction, nor shall a change in the cost of an Appointing Authority’s insurance or other contributions be considered a reduction.
Y. Reduction in Position – An action that diminishes an employee’s duties or responsibilities to the extent an audit of the employee’s position would result in a reclassification to a classification assigned a lower pay grade.
Z. Removal – Termination of an employee’s employment.
AA. Request for Reconsideration - A request made by an affected party seeking the Commission’s reconsideration of certain pre-employment determinations made by the Commission.
AB. Request for Restoration - A request made by an affected party seeking the Commission’s consideration to restore that party to an established eligibility list. See Rule 9.05.
AC. Suspension – The interruption of an employee’s employment and compensation for a fixed period of time.
(Ordinance Nos. O2018-0004, Enacted 4/10/2018, Effective 4/11/2018; O2014-0035, Enacted 12/9/2014, Effective 12/12/2014)
Section 303.03 Examinations
A. General Provisions
The Cuyahoga County Personnel Review Commission shall provide for the:
- Administration, preparation, conducting, grading, and validation of all competitive examinations for positions in the County’s classified service;
- Evaluation of qualifications for all noncompetitive positions in the County’s classified service; and
- Preparation and maintenance of eligibility lists containing the names, scores, and rankings of persons qualified for appointment to positions in the classified service.
B. Announcements & Applications
The Cuyahoga County Personnel Review Commission shall give reasonable notice of the time, place, and general scope of competitive examinations for positions in the County’s classified civil service. Examination announcements shall be posted electronically on both the Personnel Review Commission’s and Cuyahoga County’s website.
Applicants for classified civil service positions shall file one application that will serve as both the request to take the examination and as the application for employment with the County.
C. Rejection of Applicants
All applications shall be reviewed by the Cuyahoga County Personnel Review Commission. Applications may be rejected for any of the following reasons:
- It was not filed within the prescribed time period.
- That the applicant has not met one or more of the minimum requirements of the position.
- That the applicant has made a false statement on the application.
- Any other just or reasonable cause that is job-related and non-discriminatory as determined by the Personnel Review Commission.
Upon rejecting any application, the Personnel Review Commission shall promptly notify the applicant of the reason for the rejection at the electronic mail address provided on the application. The applicant may, within five (5) calendar days after the date of the notice, file with the Personnel Review Commission a Request for Reconsideration. The Personnel Review Commission will not consider requests that contest the qualifications established for the position. If a request for reconsideration from a rejection is pending at the time an examination is scheduled to be held, the applicant shall be allowed to take the examination pending the resolution of the request. If after review, it is determined that the rejection is justified, the applicant’s examination shall not be graded. Consideration of an applicant’s request for reconsideration shall not be quasi-judicial and shall not result in a final order that entitles the applicant to an administrative appeal to the Personnel Review Commission.
Fraud in examinations is prohibited and shall result in automatic disqualification. No person shall:
- 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;
- Make any false representations concerning the results of such examination or concerning any person examined;
- Furnish to another person special or secret information for the purpose of either improving or injuring the prospects or chances of another person so examined, registered or certified, or to be appointed, employed or promoted;
- Impersonate another person, or permit or aid in any manner another person to impersonate a candidate, in connection with any examination, registration or appointment or application or request to be examined, registered or appointed;
- Furnish false information about himself/herself, or other person, in connection with any examination, registration, or appointment or application or request to be examined (including a request for examination rescheduling or reasonable accommodation), registered or appointed;
- Make known or assist in making known to any applicant for examination any question to be asked on such examination;
- Acquire, through fraudulent means, any exam content or question(s) to be asked on the examination prior to the examination; or
- Personally solicit a favor from any appointing officer, or have any person on his/her behalf solicit a favor pertaining to the testing procedures of the Personnel Review Commission.
Any person or persons attempting to deceive any of the examiners in any manner whatsoever as described above, shall be prohibited from taking any examination for employment with Cuyahoga County for a period of two (2) years. If the person is already employed by the County, such conduct shall be grounds for disciplinary action, the Personnel Review Commission shall notify the Director of HR upon learning of any such conduct.
E. Method of Grading
The method of grading, including the setting of minimum passing scores, weighting of multiple test components, rank ordering, banding, or any other consideration in determining a candidate's score on an employment test, shall be determined by the Personnel Review Commission on a test-by-test basis.
F. Military Service Credit
Any person who has been honorably discharged from the uniformed services or transferred to the reserve with evidence of satisfactory service may file with the Commission Form DD214, member copy 4 as proof of military service, and, upon verification, the person shall receive an additional credit of 5% of the maximum score for the examination, provided the candidate has received a passing grade in all phases of the examination before addition of the military service credit.
Any person in good standing of a reserve component of the armed forces of the United States who successfully completes the member’s initial entry-level training may submit to the Commission proof of such completion, and, upon verification, the person shall receive an additional credit of 5% of the maximum score for the examination, provided the candidate has received a passing grade in all phases of the examination before addition of the military service credit.
As used in this Section, “uniformed services” and “reserve component” include service in the Army, Navy, Marine Corps, Air Force, Coast Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve, Army National Guard, Air National Guard, Commissioned Corps of the Public Health Service, or any other category of persons designated by the President in time of war or emergency.
G. Noncompetitive Examinations
For positions designated as noncompetitive, the Personnel Review Commission may suspend competition. Applicants for noncompetitive positions shall file an application, together with such proof of education, training, experience, ability and character, as shall be set forth in the examination announcement. The Personnel Review Commission shall evaluate the applications to determine if the applicants meet the minimum requirements of the class specifications for the class being examined. Following this review, an eligibility list shall be prepared including the names of all applicants who met the minimum requirements. Applicants will appear in alphabetical order.
H. Eligibility Lists
Eligibility lists shall remain in force not longer than one (1) year; however, the Personnel Review Commission may, at its discretion, extend the duration of an eligibility list.
I. Breaking Tie Grades
In the event two (2) or more candidates receive the same grade on an open competitive examination in which rank ordering is used in establishing the eligibility list, priority in the time of filing the application shall determine the order in which their names shall be placed on the eligibility list; candidates eligible for Military Service Credit shall receive priority in rank on the eligible list over non-veterans on the list with a rating equal to that of the veteran. Ties among candidates receiving Military Service Credit shall be decided by which application was filed earlier.
J. Removal from List
Upon receiving notification from the Appointing Authority, Director of HR, or the PRC Director, names may be removed from an eligibility list for the following reasons:
- At the request of the eligible candidate.
- After declining a conditional offer for the position.
- After three certifications or considerations without receiving a conditional offer.
- Failure to pass a pre-employment background check and/or drug or alcohol screen.
- Failure to appear for an interview.
- Inability to contact the candidate via the contact information on file with the Commission .
- Practice or attempt to practice any deception in his or her application or in securing eligibility or appointment.
- Any just or reasonable cause that is job-related and non-discriminatory.
For the purpose of this rule, “removal” from an eligibility list constitutes the removal of the candidate from consideration in any current or future hiring process for the life of the list. This does not mean a candidate’s name will be removed from the eligibility list posted on the PRC’s website. Once the eligibility list is posted on the PRC’s website, it will not be modified or removed until the list expires, the list is exhausted, or the Commission must correct an error on the list.
If a current County probationary employee appears on an eligibility list for a classification that would be considered a promotion, and that employee is not eligible for promotion per the Cuyahoga County Personnel Policies and Procedures Manual, that employee will be temporarily removed from the eligibility list pending completion of the probationary period. Upon receipt of verification that the employee has successfully completed the probationary period, the employee will be reinstated to the eligibility list.
If a candidate requests removal, and the request is based on illness, military service, or conflict with schooling, that candidate may be restored for consideration when that candidate indicates renewed availability for consideration if the eligibility list is still in effect as provided in Section 303.03(H). If a candidate’s name is removed for any of the other reasons set forth in this Section, the candidate may make a written request for reconsideration to the Personnel Review Commission for the restoration of his or her name to the eligibility list. Such request shall be made within five (5) calendar days of the date the notification of removal from the list was electronically mailed and shall set forth why the removal was in error, stating the reasons that would justify restoration to the list, and providing evidence of the same. The request shall be made in the manner provided by the Administrative Rules of the Personnel Review Commission. Only requests made using the proper form and submitted by the deadline will be considered. Restoration to the eligibility list is within the sole discretion of the Personnel Review Commission. However, consideration of a candidate’s request for restoration shall not be quasi-judicial and shall not result in a final order that entitles the candidate to an administrative appeal to the Personnel Review Commission.
- Certification Request
Upon establishing an eligibility list, the Commission, through its staff, shall certify names to the Appointing Authority to fill the next vacancy in the classification. This certification is made to the Appointing Authority via the Department of Human Resources. For each vacancy beyond the first, the Appointing Authority, through HR, shall submit a written request for certification to the Commission’s staff unless all remaining names have already been certified.
- Number of Names to be Certified
When certifying names from an eligibility list established through competitive means, the Commission, through its staff, shall certify the names and rank of the top twenty-five percent (25%) or a minimum of ten (10) names, whichever is greater, of the candidates remaining on the eligibility list for the class to which the position is classified. When certifying names from an eligibility list established through noncompetitive means, the Commission, through its staff, shall certify all of the names remaining on the eligibility list for the class to which the position is classified.
If a name has been certified to an Appointing Authority, and sufficient justification is found to remove that name from the eligibility list per Rule 9.05 before a conditional offer has been extended from that certification, the name will be removed and a replacement name will be certified to the Appointing Authority. The replacement name will be the highest-ranked name remaining on the eligibility list that was not already certified to the Appointing Authority.
When fewer than ten (10) names remain on the eligibility list att eh time a certification is made, the Commission may certify fewer than ten (10) names and a new examination may be scheduled. If all names remaining on an eligibility list have been certified to an Appointing Authority and there is sufficient justification to remove any names per Rule 9.05 such that the number of remaining names is fewer than ten (10) before a conditional offer is extended, a new examination may also be scheduled.
- Merging New Names into an Existing Eligibility List
When a new examination is scheduled due to fewer than ten names remaining on an active eligibility list, or due to any other reason deemed necessary and appropriate by the Commission, and the results of that examination are to be posted prior to the expiration of that list, the names of those persons who pass the new examination shall be merged with those who remain on the original list.
The same examination and passing score used to establish the original eligibility list shall be used for the new examination. All candidates who pass either the original or new examination shall be placed on the eligibility list in rank order according to their examination scores. In the case of noncompetitive examinations, all candidates who met the minimum requirements of the classification during either the original or new announcement period shall appear on the eligibility list in alphabetical order. The Commission will then certify names per Rule 10.02.
Names appearing on the eligibility list are considered for the duration of the original eligibility list on which they first appeared, as described in Rule 9.02. However, those names may be extended at the discretion of the Commission, as described in Rule 9.02.
- Certification Not More Than Three Times
A person certified from the same eligibility list three (3) times to the same Appointing Authority may be omitted from future certifications. A person is “certified,” for purposes of this section, each time a conditional offer is extended from an established eligibility list containing that person’s name.
Section 303.04 Classification and Compensation PlansA. Classification Plan
The Personnel Review Commission shall administer a countywide classification plan. The classification plan shall be established and adopted by the Personnel Review Commission subject to approval by Cuyahoga County Council. The plan shall provide for the classification and standardization of all positions in the County’s classified service. The classification system will serve to organize the work performed by the County’s classified employees, and will organize positions into classifications on the basis of duties and responsibilities. All positions in the service of Cuyahoga County, except those designated as unclassified as provided by the Charter, shall be in the classified service. Appointing authorities are authorized to hire employees into the classified and unclassified service in the manner provided for in the Charter and this Code. The unclassified service shall consist of the positions specifically exempted from the classified service by general law and the Charter. Persons employed in a position in the unclassified service serve at the pleasure of the appointing authority and may be removed from their unclassified position at any time for any lawful reason. All appointing authorities shall provide quarterly reports to the Personnel Review Commission detailing appointments of classified and unclassified employees. The Department of Human Resources shall provide an annual list to the Personnel Review Commission of all current employees and their civil service status. On the date an appointing authority appoints an employee to an unclassified position, the appointing authority shall provide the employee with written information describing the nature of employment in the unclassified civil service. Within thirty days after the date an appointing authority appoints an employee to an unclassified position, the appointing authority shall provide the employee with written information describing the duties of that position. The content of any written report provided to the Personnel Review Commission and/or the failure of the appointing authority to provide the written information described in this Section to the employee or to provide the Personnel Review Commission with a written report shall not confer any additional rights upon the employee before the Personnel Review Commission or in any other appellate body with jurisdiction over an appeal of the employee. The Director of Human Resources and the Personnel Review Commission shall collaborate to develop and provide each appointing authority with a general written description of the nature of employment in the unclassified civil service that shall be provided to employees under this section.
B. Compensation Plan
The Personnel Review Commission shall administer a compensation plan for the County’s non-bargaining unit, classified employees, and shall recommend to County Council such modifications as needed to ensure the system provides for compensation based on merit and fitness and to ensure pay equity in like classifications.
(Ordinance Nos. O2015-0010, Enacted 12/8/2015, Effective 12/10/2015; O2014-0035, Enacted 12/9/2014, Effective 12/12/2014)
Section 303.05 Appointments
A. Original Appointments
A person who has been selected by an Appointing Authority from an eligibility list that is established by the Personnel Review Commission to fill a vacancy in the classified service is said to have received an original appointment. Those persons receiving original appointments do not become permanent employees until they have satisfied the applicable probationary period.
B. Temporary Appointments
Temporary appointments shall not exceed one hundred eighty (180) days in duration and shall be filled in the following manner:
- Eligibility List
If an applicable eligibility list is available, the temporary appointment shall be offered to the candidates on the eligibility list, provided that the acceptance or declination of appointment to such position shall not affect the right of an eligible person to certification for appointment to a permanent position. At the expiration of the temporary appointment, which in no case shall exceed one hundred eighty (180) days, the services of the temporary employee shall be terminated and the candidate shall be restored to the eligibility list in rank order.
- No Applicable Eligibility List
In the absence of an applicable eligibility list, the Appointing Authority may appoint a qualified person for a temporary period of service, not to exceed one hundred eighty (180) days in duration, when the need of service is urgent and necessary to prevent the loss of public property, serious inconvenience to the public, or damaging delay to the public service. In the event of a subsequent appointment to a permanent position, the temporary appointment shall not be counted as part of a probationary period. Successive temporary appointments to the same position are prohibited. Temporary appointments made necessary by reason of sickness, disability, or other approved leave of absence may exceed the 180-day limitation; however, the temporary appointment shall not continue beyond such period of sickness, disability, or other absence.
Section 303.051 Merit Principles
Pursuant to Article 15, Section 10 of the Ohio Constitution and pursuant to Section 9.01 of the Charter, appointments, promotions, and personnel management in the civil service of the county shall be conducted according to merit and fitness. The Personnel Review Commission may adopt merit principles in its Administrative Rules to guide its work to fulfill its Charter responsibilities; provided, however, that such merit principles shall not conflict with this Code or with state or federal law, nor shall such merit principles confer any additional legal rights upon employees of the county.
(Ordinance No. O2017-0001, Enacted 6/13/2017, Effective 6/14/2017)
Section 303.06 InquiriesIn furtherance of the Commission’s Charter mandated duty to ensure compliance with federal, state and local employment laws, the Commission may conduct an inquiry when, upon written complaint or on its own motion, it has reason to believe that an individual is abusing the power of appointment, layoff, removal, reduction, suspension, or otherwise violating laws, rules or ordinances that the Personnel Review Commission is charged with enforcing. The Commission shall determine the procedures for conducting such inquiries and adopt such procedures in its Administrative Rules. The inquiries shall not be quasi-judicial and shall not result in a final order that entitles the applicant to an administrative appeal to the Personnel Review Commission. The Personnel Review Commission shall make a report of its findings to the County Council.
(Ordinance No. O2014-0035, Enacted 12/9/2014, Effective 12/12/2014)
Section 303.07 SubpoenasFor the purpose of adjudicating employee appeals, the Personnel Review Commission may 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 it has authority to hear.
(Ordinance No. O2015-0010, Enacted 12/8/2015, Effective 12/10/2015)