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Section 2 General Provisions

2.01 Origin

On November 3, 2009, the citizens of Cuyahoga County, Ohio, adopted a County Charter pursuant to the authority granted to them in Article 10, Section 3 of the Ohio Constitution. Section 9.01 of the Charter required the creation of a Human Resource Commission:

The County Executive, subject to confirmation by the Council, shall appoint the members of a Human Resource Commission, consisting of three electors of the County having experience in personnel matters or personnel administration and who are supportive of equal opportunity considerations.

On November 5, 2013, the citizens of Cuyahoga County, Ohio, adopted amendments to the Charter. Section 9.01 of the Charter was amended to change the name of the Human Resource Commission to the Personnel Review Commission, the members of which shall now be appointed by County Council.

These Administrative Rules have been adopted pursuant to County Code Section 301.02.

2.02 Purpose

Pursuant to Section 9.01 of the Charter, the Personnel Review Commission (“Commission”) is responsible for administering, for and in cooperation with the officers, agencies, boards and commissions of the County, an efficient and economical system for the employment of persons in the public service of the County according to merit and fitness.

2.03 Relationship to Collective Bargaining Agreements

If an employee’s collective bargaining agreement provides for a final and binding arbitration of grievances, such employee and union are subject solely to that grievance procedure and the Commission shall have no jurisdiction to receive and determine any appeals relating to matters that were the subject of a final and binding grievance procedures.

2.04 Recordkeeping

The Commission shall maintain a record that shall be open to public inspection, in which it shall keep records of all of its proceedings and of the vote of each of its members upon every action taken by it.

The Commission shall properly adopt a records retention schedule in accordance with Chapter 149 of the Ohio Revised Code.

2.05 Construction

These Rules shall be construed so as to carry out their purposes as determined from both the literal reading of the Rules and their context. The Rules shall not be construed in a way that limits the Commission’s power to interpret and apply the Rules within the scope of their authority under the Charter, Council Ordinances and Resolutions, and general law.

2.06 Savings Clause

If any section of these Rules is held by a court of competent jurisdiction to be invalid, the same shall not invalidate or impair the validity, force, and effect of any other section or part of a section of these Rules unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of a section held invalid.