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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.

2.02 Relationship to Collective Bargaining Agreements

If an employee’s collective bargaining agreement provides for 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.

Bargaining unit employees may have the right to file claims of retaliation pursuant to the County’s Code of Ethics, Title IV of the County Code. [Reference County Code Chapter 406 and Section 407.02(B)].

2.03 PRC Merit Principles

Pursuant to Section 9.01 of the Charter, the Commission shall be responsible for administering an efficient and economical system for the employment of persons in the public service of the County according to merit and fitness. To this end, the Commission has adopted the following Merit Principles to guide its work to fulfill its Charter responsibilities. These Merit Principles in and of themselves do not confer any rights upon an employee before the Personnel Review Commission. Employees’ rights to appeal to the PRC are governed by the Charter, Ohio Revised Code Chapter 124, and the County Code. A summary of the PRC’s appellate jurisdiction is set forth herein at Rule 3.02.

Principle #1
Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force representative of the region, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity.

Principle #2
All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to race, ethnic background, national origin, sex, gender, sexual orientation, genetic information, disability, political affiliation or opinion, military status, religious belief, gender identity, or age of any applicant unless otherwise lawfully required.

Principle #3
Equal pay should be provided for work of comparable value, with appropriate consideration of rates paid by employers in the relevant labor market, as determined by the County, and appropriate incentives and recognition should be provided for excellence in performance. Pay equity is achieved when persons performing work in like positions across the Cuyahoga County government organization are paid on the basis of their relative qualifications and performance, with regard to the relevant labor market and within the compensation policy framework designed by the County to achieve internal and external equity in compensation practices.

Principle #4
All County employees should maintain high standards of integrity, conduct, and concern for the public interest of the citizens of Cuyahoga County.

Principle #5
The Cuyahoga County government workforce should be used efficiently and effectively, without duplication of effort, and the County should employ an efficient and economical system for employment of persons in the public service of the County according to merit and fitness, that is, on the basis of employees’ qualifications and conduct and capacity in office.

Principle #6
Employees should be retained on the basis of adequacy of their conduct and capacity in office, inadequate performance should be corrected, and employees who cannot or will not improve their performance to meet required standards should be separated from County employment.

Principle #7
Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.

2.04 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, County Code, Council Ordinances and Resolutions, and general law.

2.05 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.