Notice of Election on Proposition Ohio Const. Art

Notice of Election on Proposition Ohio Const. Art. XVIII §9; R.C. 7.16 Notice is hereby given that in pursuance of an Ordinance of the City Council of the City of Hamilton, Ohio passed on the 12th day of August, 2020, there will be submitted to a vote of the people of City of Hamilton at the General Election to be held at the regular places of voting on Tuesday, the 3rd day of November, 2020, the question of Shall Article X, Sections 10.01 10.07, Sections 10.10, 10.11, and 10.20 and any other references of the Charter of the City of Hamilton be amended to rename the Department of Civil Service and Personnel to the Department of Human Resources? Full text of the proposed amendment is as follows ARTICLE X DEPARTMENT OF HUMAN RESOURCES 10.01 Civil Service Commission There shall be a department of Human Resources governed by a Civil Service Commission of three members. The City Council shall appoint two Commissioners by a vote of at least five members of the Council. Such appointments shall be made to commence on January 1, 2011. One of such members shall serve for a term of three years and one shall serve for a term of two years. Thereafter members that are appointed by the Council shall serve for three year terms. The Board of Education of the City School District shall appoint one member to serve for a term of one year. Thereafter the Board of Education's appointment shall be for a term of three years. If the Board of Education shall fail to make any such appointment within thirty days after the happening of a vacancy, the City Council shall fill the vacancy by appointment. Civil Service Commissioners shall serve without pay. (A) No person shall be appointed as a Civil Service Commissioner who is not a resident of the City or who holds any public office or public employment other than a member of the organized militia or a teacher in the public schools or in an institution of higher education and learning. The Council shall not appoint any person as a Civil Service Commissioner who is a member of or affiliated with the same political party as another person appointed by the Council, to such Commission and then serving, not counting persons appointed by reason of the failure of the Board of Education to appoint. (B) Any member of the Civil Service Commission shall be deemed to have resigned who at any time ceases to possess the qualifications to hold office, or who is absent continuously from the City, or from meetings of the Civil Service Commission for as long as six months. The body having to appoint the successor of any Civil Service Commissioner may by a vote of the members thereof at any time vacate the appointment of such member and may fill the vacancy by appointing a successor. (C) The Civil Service Commission shall meet at least five times each year, at times and places appointed by it, and not more than ninety days shall elapse between any two meetings. Two members shall be a quorum to do business. The Commission shall choose its own chairman and vice-chairman, but no Commissioner shall hold either such office for more than three years in any period of five consecutive years. Every action of the Commission, except adjournment in the absence of a quorum, shall require the concurrence of two members, and shall be entered in an official record. The Civil Service Commission shall adopt rules of order for its own meetings as it may deem necessary. (D) The Civil Service Commission shall appoint and may remove the Director of Human Resources, who shall be the administrative officer of the Department of Human Resources and the personnel officer of the City. Before his or her appointment, his or her qualification shall be ascertained by an examination conducted by a special examining committee, which examination shall relate to personnel selection and administration, and may be either competitive, or noncompetitive, as the Commission shall determine. The Commission may by unanimous vote appoint or retain as Director of Human Resources a person residing in the City of Hamilton, Ohio. The Director of Human Resources shall not hold any other office or employment in the service of the City. He or she shall appoint and may lay off, suspend, or remove such examiners, clerks, and other employees as may be necessary in the work of the Department, except that the Commission shall appoint examiners for the Director of Human Resources. (E) In accordance with this Charter, the Director of Law shall be the legal adviser and attorney for the Civil Service Commission and the Director of Human Resources. However, if the Director of Law informs the Civil Service Commission that, in connection with any matter or proceeding before the Commission, he or she simultaneously has the conflicting duties of being both an advisor to and advocate before the Commission, then the Commission may retain the services of special legal counsel to advise it regarding that matter or during that proceeding. 10.02 Classification The administrative service of the City is hereby divided into the classified and unclassified service as follows: (A) The unclassified service shall include all officers elected by the people; the City Manager; the members of the Civil Service Commission; all directors of departments other than the Director of Human Resources; members of advisory boards appointed by the City Manager; a secretary to the Mayor, a secretary to the City Manager, one secretary to each director of a department; and the City Clerk. (B) The classified service shall comprise all positions not specifically included by this Charter in the unclassified service and shall be divided into a competitive class and a noncompetitive class. (1) The competitive class shall include all positions and employments for which it is practicable to determine the merit and fitness of applicants by competitive tests. (2) The noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional, or educational character. 10.03 Civil Service Rules The Civil Service Commission shall adopt and may amend, revise, or revoke rules upon the matter specified in this section, and other rules not inconsistent with this Charter, for promoting efficiency in the classified service of the City, for enforcing the merit system in the appointment, promotion, transfer, lay off, reinstatement, and suspension of City officers and employees in such service, and regulating the procedures of the department of Civil Service. The rules, among other things, shall provide: (A) For the standardization and classification of all positions and employments in the classified service of the City. Such classification into groups and subdivisions shall be made on the basis of duties and responsibilities and so arranged as to promote the filling of the higher grades, so far as practicable through promotion. (B) For open competitive tests to ascertain the relative fitness of all applicants for appointments in the competitive class. (C) For public notice of the time and place of all competitive tests, at least ten days in advance thereof, by publication in the manner provided for the publication of ordinances and by posting a notice in a conspicuous place in the City Hall. (D) For the creation of eligible lists upon which shall be entered the names of successful applicants in the order of their standing in the competitive tests and without reference to the time of the test. (E) For the rejection of applicants or eligibles who do not satisfy requirements established by the Civil Service Commission as to job related skills, education, physical abilities or other bona fide occupational qualifications or who have attempted deception or fraud in connection with any test or their application therefore. (F) For the certification to the appointing authority, from the appropriate eligible list, for filling a vacancy in the competitive class. (G) (1) For temporary employment in the competitive class without a test because there is no eligibility list, but such temporary employment shall not continue for longer than sixty days nor shall it continue after administration of a competitive examination and the adoption of a suitable eligibility list; (2) For temporary employment in the noncompetitive class without a test because there is no eligibility list, but such temporary employment shall not continue for longer than one hundred eighty (180) days or nor more than thirty (30) days after the adoption of a suitable eligibility list. (H) For temporary employment without test for transitory or seasonal work, but such employment shall require the consent of the Civil Service Commission in each case, and shall not continue for more than one thousand forty (1,040) work hours in any twelve (12) consecutive month period unless renewed by the Civil Service Commission. (I) For noncompetitive tests for appointments to positions designated by the Manager or the Civil Service Commission as requiring peculiar and exceptional qualifications of scientific, managerial, professional or educational character. (J) For promotion based on competitive tests and upon records of efficiency, character, conduct and seniority. (K) For transfer from a position to a similar position in the same class and grade. (L) For immediate reinstatement at the head of the eligible list of persons who, without fault or delinquency on their part, are separated from the service or reduced in rank. (M) For suspension for purpose of discipline, with or without pay, for not longer than ninety days, and for leave of absence with or without pay. (N) For the appointment of unskilled laborers in the order of priority of application, and with such tests of physical fitness as the Civil Service Commission may prescribe. (O) 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 authorities. (P) For appeals and hearings before the Civil Service Commission, in accordance with general law, in cases of employees within the classified service entitled thereto under the provisions of Section 5.03(A) of this Charter. (Q) For the administration by the Civil Service Commission and the Department of Human Resources of the general civil service laws of the state in respect of officers and employees of other governmental units, in cases so provided by general law. (1) No civil service rule, nor any amendment, revision or revocation thereof shall be adopted: (a) Unless the proposed text thereof shall have been printed in full and made available for public examination at least ten days prior to the public hearings provided for by this section; (b) Unless such text shall have been reported to the City Council at a regular meeting thereof at least ten days prior to such hearing; (c) Until after a public hearing thereon has been held by the Civil Service Commission, of which hearing ten days public notice shall have been given, and at which the City Manager, any director of a department, or any citizen shall be heard upon request; (d) Until the written recommendation of the Director of Human Resources thereon shall have been received; and such recommendation shall be publicly read in the hearing herein provided for. (2) The civil service rules of the City of Hamilton at the time of the adoption of this section shall continue in effect, but shall be subject to amendment, revision, and revocation as provided for in paragraphs A and B of this section. Not later than fourteen months after the adoption of this section, the Civil Service Commission shall cause the civil service rules of the City to be published in book or pamphlet form, and shall cause corrected copies thereof to be kept available for public inspection. (3) Neither the City Council nor the Civil Service Commission or any person in the administrative service shall have the power to modify or change in any manner the provisions of the laws of the State of Ohio now or hereafter in effect relating to the civil service and the Civil Service Commission insofar as such laws of the State of Ohio are applicable to members of the fire service. No fee or other assessment, however, shall be charged to applicants for examinations other than medical examinations for positions in the fire service. (4) Neither the City Council nor the Civil Service Commission or any person in the administrative service shall have the power to modify or change in any manner the provisions of the laws of the State of Ohio now or hereafter in effect relating to the civil service and the Civil Service Commission insofar as such laws of the State of Ohio are applicable to members of the Division of Police. No fee or other assessment, however, shall be charged to applicants for examinations other than medical examinations for positions in the Division of Police. (5) The rules of the Commission shall not be construed as prohibiting City participation in Federal or State programs the purpose and funding of which is intended to provide temporary and gainful occupation designed specifically for beneficiaries who are unemployed, underemployed or otherwise considered to be eligible. Participants in Federal or State programs referred to herein who are assigned to City work sites to qualify for benefits shall not be considered as being in the service of the City. The provisions of the rules of the Commission shall not apply to such participants, except as otherwise required by controlling Federal and State laws or guidelines. 10.04 Application Register There shall be kept in the Department of Human Resources an application register in which shall be entered the names and addresses and the order and date of application of all applicants for civil service test and the offices or employment which they seek. All applications shall be upon forms prescribed by the Department of Human Resources. 10.05 Civil Service Tests Tests required by the Department of Human Resources shall be practical, shall relate to matters which fairly measure the relative fitness of applicants to discharge the duties of the position which they seek, and shall take account of character, training and experience. No question in any test shall relate to political or religious opinions, affiliations or service, and no appointment, transfer, lay off, promotion, reduction, suspension or removal shall be affected or influenced by such opinions, affiliations or service. Notice of the time, place and scope of each test shall be given by publication and posting as specified in Section 10.03 of this Charter, and by mail or electronic communication at least ten days in advance, to each application upon the appropriate lists of the applicant register. 10.06 Eligible Lists -- Register of Eligibles The lists of applicants eligible to appointment by reason of civil service tests, with their grades, shall be known as the register of eligibles and shall be open to the public inspection. The names of such eligibles shall be arranged in their respective lists in the order of their standing on test. The name of no person shall remain on the register of eligibles for more than one year without a new application and, if the civil service rules so require, a new test. Eligibles shall provide written notice to the Department of Human Resources of his/her continued interest in appointment and updated contact information not less than every six (6) months within that one year period. 10.07 Appointments When any position in the classified service is to be filled, the appointing authority shall notify the Director of Human Resources, who shall promptly certify to such appointing authority a list of eligibles for the class or grade to which such position belongs. The appointing authority shall appoint to such position one of the persons whose name is so certified. When an entry-level position is to be filled from an eligible list which is established through the administration of an open, competitive civil service examination, the Director of Human Resources shall first identify, without rounding, the top ten names on the eligible list or the top twenty-five per cent of the eligible list, whichever is greater and then certify to the appointing authority the names and addresses of those persons.. In the event that fewer than ten names are on the eligible list, the appointing authority may select any of the listed candidates, but is not so obligated. In the event multiple entry-level positions are to be filled, the next top five names or five percent, whichever is greater, of the eligible list shall be added to each subsequent and concurrent selection. When no eligible list for a position exists, or when the eligible list has become exhausted and until a new list can be created, a name may be certified from the eligible list most nearly appropriate to the position to be filled. A person on an entry-level eligibility list, who has previously been certified three or more times to the same appointing authority for the same or similar position(s), may be omitted from future certifications to such appointing authority upon the request of such appointing authority and the concurrence of the Civil Service Commission. However, any certification of a person on an entry-level eligibility list for the purpose of making a temporary appointment shall not be counted as one of the three certifications. 10.10 Service Register There shall be maintained in the Department of Human Resources a list of all persons holding appointive offices or positions under the City government, showing in connection with each name the position held, the salary or wages paid, the date and character of appointment and every subsequent change in status. Such list shall be known as the service register and every appointing officer or authority shall promptly transmit to the Department of Human Resources all information requested for the establishment and maintenance of such register. 10.11 Certification of Payrolls The Treasurer shall not pay, nor shall the Director of Finance issue a voucher for the payment of, any salary or compensation to any person holding, or claiming to hold, an appointive office or a position in the service of the City unless the payroll or account of such salary or compensation shall bear the certificate of the Director of Human Resources that the persons named therein have been appointed or employed and are performing service in accordance with the provisions of this Charter and the civil service rules established thereunder, that their names appear upon the service register for the time for which such salary or compensation is claimed and that the salary or compensation is at the rate indicated on such register. If the Director of Finance shall willingly or negligently approve any payment or issue any warrant in violation of this section, he and the sureties on his bond shall be liable to the City for the amount thereof and action may be brought therefore by any taxpayer for the use of the City without making previous request to the City to sue. 10.20 Violations and Penalties It shall be the duty of the Civil Service Commission to supervise the execution of, and of the Director of Human Resources to administer, the foregoing civil service provisions of this Charter and the rules made thereunder, and it shall be the duty of all persons in the service of the City to comply with such rules and to aid in their enforcement. Any person who, by himself or herself or with others, willfully or corruptly deceives or obstructs any person in respect to his right to take part in any test for admission to the classified 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 classified service, or aids in so doing; or willfully or corruptly makes any false representation as to the results of such tests or concerning persons so tested; or furnishes special or secret information for the purpose of either improving or injuring the prospects or chances of a person tested or to be tested, or to be appointed, employed, or promoted; or impersonates any person or permits or aids in any impersonation in connection with any test application, registration, 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 thereof, any question to be asked on such test; or willfully or through culpable negligence violates any of the civil service provisions of this Charger or any of the rules made in pursuance thereof, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by fine or not less than fifty dollars nor more than one thousand dollars or by imprisonment for a term not to exceed six months. If any such person be an applicant for competitive test, he or she shall be excluded therefrom; if he or she be an eligible, his or her name shall be removed from the register of eligibles; and if he or she be an officer or employee of the City, he or she shall immediately forfeit his or her office or employment. The polls for the election will open at 6:30 a.m. and remain open until 7:30 p.m. on Election Day. By order of the City of Hamilton, Ohio Patrick G. Moeller, Mayor Daniel Tidyman, Acting City Clerk 10-18/2020