You are here:
Home > Administrative Rules > Section 3 Powers and Duties of the Commission
Section 3 Powers and Duties of the Commission
3.01 Authority
Pursuant to the Charter, the Commission shall have:
(1) Responsibility for the resolution or disposition of all personnel matters, with authority to appoint hearing officers to hear all employee appeals previously under the jurisdiction of the State Personnel Board of Review, including those of classified employees who work for the County Executive, Prosecuting Attorney, County Planning Commission, and the County Public Defender;
(2) Responsibility for administration of countywide compliance with federal and state laws regarding personnel matters for which the County is the reporting unit and for maintenance of records required by such laws;
(3) For the County Executive’s organization and departments, authority to ensure:
a. Pay equity for like positions;
b. Standardization of benefits;
c. Approval of qualifications;
d. Consistent discipline;
e. Training of management in personnel practices;
f. Training of employees in job functions;
g. Training for total quality management;
h. Consistent administration of performance management system;
i. Coordination of recruitment;
j. Compliance with ethics resolutions or ordinances as passed by the Council;
(4) Responsibility for creation of rules and policies related to the Personnel Review Commission’s authority set forth in the Charter, County Code, and general law where applicable;
(5) Responsibility for administering a clear, countywide classification and salary administration system;
(6) Responsibility for ensuring compliance with ethics resolutions and ordinances passed by County Council;
(7) Responsibility 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;
(8) Responsibility for conducting inquiries regarding the abuse of the power of appointment, layoff, removal, reduction, suspension, or otherwise violating laws, rules, or ordinances the Commission is charged with enforcing, and to report the inquiry findings to County Council (See Rule 12.04); and
(9) Such other functions as may be deemed necessary by the Council for the Commission to carry out its mission and purpose.
3.02 Jurisdiction
The Commission shall hear appeals of classified employees from final decisions of Appointing Authorities, the County Executive, the Director of HR, or their designee relative to the following employment actions:
(1) Reduction in pay or position;
(2) Job abolishment / layoff;
(3) Suspension of more than forty (40) work hours for FLSA exempt employees;
(4) Suspension of more than twenty four (24) work hours for FLSA non-exempt employees;
(5) Discharge (removal from employment);
(6) Assignment or reassignment to a new or different classification;
(7) Refusal of the Director of HR to reassign an employee to another classification or to reclassify the employee’s position with or without a position audit;
(8) Failure to remove duties deemed outside the employee’s classification within the 45-day period per Section 303.01 of the County Code; and
(9) Other appeals as provided for by Council ordinance.
The Commission shall hear appeals in the following categories for both classified and unclassified employees:
(1) Whistleblower appeals pursuant to the County’s Ethics Policy (Title IV of the County Code);
(2) Determination of unclassified status; and
(3) Other appeals as provided for by Council ordinance.
For purposes of this Rule, “discharge” includes disability separations.
Determination of the classified or unclassified status of an employee shall be done in accordance with general law.
3.03 Classification Plans
Pursuant to Section 9.03 of the Charter, the Commission shall administer a clear, countywide classification and salary administration system in accordance with the requirements set forth in the Charter.
3.04 Civil Service Testing
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 authority, including but not limited to the following:
(1) To prepare, conduct, grade, and validate all competitive examinations for positions in the County’s classified service;
(2) To evaluate qualifications for all noncompetitive positions in the County’s classified service; and
(3) To prepare and maintain eligibility lists containing the names, scores, and rankings of persons qualified for appointment to positions in the County’s classified service.
[Reference Section 303.03(A) of the County Code]
3.05 County Human Resources Policies and Systems
The County’s human resources policies and systems shall be established by ordinance. The Commission shall review and submit a recommendation regarding any ordinance concerning County personnel policies prior to passage by County Council. In the event the Commission does not endorse an ordinance, the Commission may provide a Statement of Non-Endorsement to the Council.
[Reference Article IX, Section 9.01 of the Cuyahoga County Charter]
3.06 Subpoena Powers
The Commission has authority to subpoena and require the attendance and testimony of witnesses and the production of books, papers, public records, and other documentary evidence pertinent to any matter it has authority to hear.
All employees and officials of the County shall attend and testify when summoned to do so by the Commission. Depositions of witnesses may be taken by the Commission or designee, or any member of the Commission, in the manner prescribed by law for like depositions in civil actions in the courts of common pleas. In case any person, in disobedience to any subpoena issued by the Commission, or any member of the Commission, fails or refuses to attend and testify to any matter regarding which the person may be lawfully interrogated, or produce any documentary evidence pertinent to any hearing, the court of common pleas of any county, or any judge of the court of common pleas of any county, where the disobedience, failure, or refusal occurs, upon application of the Commission, or any member of the Commission, shall compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify in the court.
Parking fees and mileage shall be allowed to witnesses and, on their certificate, duly audited, shall be paid by the Cuyahoga County Treasurer.
3.07 Ethics
Pursuant to Section 9.02 of the Charter, the Commission shall have the authority to ensure compliance with ethics resolutions or ordinances passed by County Council. To this end, the Department of Human Resources shall provide reports regarding the performance of its duties under the County’s Ethics Policy (Title IV of the County Code) to the PRC. The PRC will provide an annual report to County Council per Section 407.02(A) of the County Code.
Whistleblower Appeals
The Commission shall hear appeals from disciplinary or retaliatory actions taken against employees of the County, as a result of the employee's whistleblower report made pursuant to the County Ethics Policy. When an employee files a whistleblower appeal, the Commission will determine whether a proper report was made under the Ethics Policy and whether a causal relationship exists between such report and the County's actions. If the Commission finds a violation of the Ethics Policy, the Commission may impose a remedy up to and including reinstatement.
[Reference Chapter 406 and Section 407.02 of the County Code]
The employee shall file an appeal within thirty days after receiving actual notice of the alleged disciplinary or retaliatory action.
3.08 Compliance
In order to meet its obligations under Section 9.02 of the Charter, the Commission will provide periodic compliance reports to County Council regarding the County’s personnel practices.