Ordinance No.

842-15
Council Member Kelley

AN EMERGENCY ORDINANCE
Authorizing the submission to the electors of the
City of Cleveland of a proposal to amend
Sections 131 and 133 of the Charter of the City
of Cleveland relating to civil service appointments
and promotions wherever practicable.

WHEREAS, this ordinance constitutes an emergency measure providing for the

immediate preservation of the public peace, property, health or safety in that it must be
certified to the election authorities immediately in order for the question to appear at a
special municipal election to be held on November 3, 2015 and providing for the usual
daily operation of a municipal department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLEVELAND:
Section 1.

That this Council authorizes the submission to the electors of the

City of Cleveland at a special municipal election to be held at the usual places of voting
in the City of Cleveland on Tuesday, November 3, 2015, of a proposal to amend the
Charter of the City of Cleveland by amending existing Sections 131 and 133 to read as
follows:

Section 131.

Appointments

When any position in the classified service, except the general labor class, is to
be filled, the appointing authority shall notify the Commission of the fact and the
Commission shall certify to the authority the names and addresses of the ten
candidates standing highest on the eligible list for the class or grade to which that
position belongs. The appointing authority shall appoint to that position one of the ten
persons whose names are certified. When the eligible list contains less than ten names,
those names shall be certified, from which the appointing authority may appoint one for
that position. A person certified from the eligible list more than four times to the same
appointing authority for a position of the same or similar classification may be omitted
from future certification, but certification for a temporary appointment shall not be
counted as one of the certifications.
When any position in the general 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 the 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 the 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 that
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 the 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 or her

probationary period. At the end of the probationary

period, the appointing officer shall transmit to the Commission a record of the
employees service certifying that the service has been satisfactory or unsatisfactory
and if the 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 that 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.

Section 133 Promotions Wherever Practicable

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, except that the Commission shall certify the
names and addresses of the three candidates standing highest on the eligible list for
the class or grade to which the promotional position belongs and the appointing
authority shall appoint one of the three persons whose names are certified; and
provided, however, that less than three shall constitute an eligible list, and the
appointing authority shall appoint from the eligible list.

Section 2.

That the foregoing proposed amendments to the Charter, on

receiving at least a majority of the votes cast at the November 3, 2015 special municipal
election, shall become effective immediately on their adoption.

Section 3.

That the Clerk of Council is authorized to promptly forward a

certified copy of this ordinance to the Board of Elections of Cuyahoga County.

Section 4.

That the Board of Elections of Cuyahoga County shall cause an

appropriate notice to be given of the election to be held on November 3, 2015, on the

foregoing amendments to the Charter of this City and otherwise to provide for the
election in the manner provided by the general laws of the State of Ohio.

Section 5.

That the Clerk of Council is authorized to cause the full text of the

proposed amendments to the Charter to be published once a week for two consecutive
weeks in a newspaper published in the City of Cleveland, with the first publication to be
made at least fifteen days prior to the special municipal election to be held on
November 3, 2015, as provided in Article XVIII, Section 9 of the Constitution of the State

of Ohio, Section 731.211 of the Revised Code, and Section 200 of the Charter of the
City of Cleveland.

Section 6.

That the ballot submitting the question of the adoption of the

amendments shall read as follows:

PROPOSED CHARTER AMENDMENT

CITY OF CLEVELAND

A majority affirmative vote is necessary for passage.

Shall Sections 131 and 133 of the Charter of the City of Cleveland be amended to
provide that: 1) when any position in the classified service is to be filled, except for in
the general labor class, the Civil Service Commission shall certify to the appointing
authority the names and addresses of the ten candidates that are highest on the
eligible list for the class or grade to which the position belongs; 2) the appointing
authority shall appoint to that position one of the ten persons whose names are
certified for that position; 3) when the eligible list contains less than ten names, then all
of the names shall be certified and the appointing authority may appoint one person for
that position; 4) a person certified from the eligible list more than four times to the
same appointing authority for a position of the same or similar classification may be
omitted from future certification, but certification for a temporary appointment shall not
be counted as one of the certifications; and 5) when vacancies are filled by promotion,
the Commission shall certify the names and addresses of the three candidates standing
highest on the eligible list for the class or grade to which the promotional position
belongs and the appointing authority shall appoint one of the three persons whose
names are certified and that less than three shall constitute an eligible list for
promotions?

Section 7.
That this ordinance is declared to be an emergency measure and,
provided it receives the affirmative vote of two-thirds of all the members elected to
Council, it shall take effect and be in force immediately upon its passage and approval
by the Mayor; otherwise it shall take effect and be in force from and after the earliest
period allowed by law.

AMENDMENT TO ORDINANCE NO. 842-15

THERE IS NO LEGAL OBJECTION TO THIS LEGISLATION IF AMENDED AS FOLLOWS:

1.
In the title, lines 3 and 4, strike Section 131 and insert Sections 131
and 133; and at the end, strike the period and insert and promotions wherever
practicable..

2.

In Section 1, line 4, strike Section 131 and insert Sections 131 and

133.
3.
In Section 1, at amended Charter Section 131, strike lines 9 and 10 in
their entirety and insert that position. A person certified from the eligible list more
than four times.
4.
In Section 1, at the end of the text of Charter Section 131, insert new
Section Charter Section 133 to read as follows:
Section 133 Promotions Wherever Practicable
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, except that the Commission shall certify the
names and addresses of the three candidates standing highest on the eligible list for
the class or grade to which the promotional position belongs and the appointing
authority shall appoint one of the three persons whose names are certified; and
provided, however, that less than three shall constitute an eligible list, and the
appointing authority shall appoint from the eligible list..
5.
In Section 2, line 1, strike amendment and insert amendments; and in
line 3, strike its adoption and insert their adoption.
6.

In Section 4, line 3, strike amendment and insert amendments.

7.

In Section 5, line 2, strike amendment and insert amendments.

8.
In Section 6, line 2, strike amendment and insert amendments; and
strike the ballot language for the proposed amendment to Section 131 in its entirety
and insert the following:
Shall Sections 131 and 133 of the Charter of the City of Cleveland be amended
to provide that: 1) when any position in the classified service is to be filled, except for
in the general labor class, the Civil Service Commission shall certify to the appointing
authority the names and addresses of the ten candidates that are highest on the
eligible list for the class or grade to which the position belongs; 2) the appointing
authority shall appoint to that position one of the ten persons whose names are
certified for that position; 3) when the eligible list contains less than ten names, then all
of the names shall be certified and the appointing authority may appoint one person for
that position; 4) a person certified from the eligible list more than four times to the
same appointing authority for a position of the same or similar classification may be
omitted from future certification, but certification for a temporary appointment shall not
be counted as one of the certifications; and 5) when vacancies are filled by promotion,
the Commission shall certify the names and addresses of the three candidates standing
highest on the eligible list for the class or grade to which the promotional position
belongs and the appointing authority shall appoint one of the three persons whose
names are certified and that less than three shall constitute an eligible list for
promotions?.

Date: _______ (Signed): _______________________________________

Barbara A. Langhenry
Director of Law
Ord. No. 842-15