FACT: This behavior is covered in Section 5.01 of the
proposed Charter changes and cannot happen:
"Each department shall be headed by a
director who shall be appointed by the City Manager, (MAYOR)
subject to confirmation by City Council, and who shall
serve at the pleasure of the City Manager (MAYOR).
With the consent of Council, the City Manager (MAYOR)
may serve as the head of one or more such departments."
FACT: This is a non-issue as all
department head appointments must be approved by City Council,
the same as today. The only change in this existing paragraph is the
replacement of the term "City Manager" with the term
"Mayor".
FACT: Section 3.09g will have
entirely new wording added, protecting employees from this type of
action. Employees would be able to appeal such job actions to
City Council, who could uphold, modify or overturn the Mayor's
action. This protection does not exist under the current
charter. Such employees wanting to contest the City Manager's
adverse action against their job have had to sue the City in
court with the taxpayers footing the defense bill.
"All suspensions, reduction in rank, or removal from
the department, or termination of employment, of unclassified civil service
employees, may be appealed to the legislative authority of the Municipality
within ten (10) days from the date of the Mayor’s judgment. The legislative
authority shall hear the appeal within fourteen (14) days of the date the appeal
was filed. The person against whom the judgment had been rendered may appear in
person and by counsel at the hearing, examine all witnesses, and answer all
charges against him. At the conclusion of the hearing, the legislative authority
may dismiss the charges; uphold the Mayor’s judgment; or modify the judgment
to one of suspension for not more than sixty (60) days, reduction in rank, or
removal from the department. Action of the legislative authority other than
upholding the Mayor’s judgment requires the affirmative vote of two-thirds
(2/3) of the members of Council. The decision of the legislative authority may
be appealed to the Common Pleas Court, as provided in the Ohio Revised Code.
"
As you have just read, the proposed Charter
changes provide more protection against such
politically-motivated actions than exist today.