Prior to the adoption of Ord. 18710 on 09/19/2005, Section 19-4 read as follows.


    As used in this chapter, the following terms shall have the meanings indicated in this section

     Classification.  A grouping of city positions which are substantially alike in duties and responsibilities and which require substantially the same qualifications.

     Classified employee.  An employee occupying a classified position.

     Classified position.  A position in the classified service.

     Classified service. All government offices and positions (full- and part-time) not specifically placed in exempt or unclassified service by these policies and procedures.

     Complaints. Any inequitable, unsafe, or malicious imposition upon an employee by a superior, coworker, subordinate, employee from another department or division or individuals somehow associated with official business being conducted by the employee.

     Confidential employee. Any public employee who works with or has access to information subject to use by the public employer in negotiating or who works in a close continuing relationship/capacity with public officers or representatives associated with negotiating on behalf of the employer.

     Curtailment of work. A situation in which the need for the employee's services are no longer required because the city no longer performs the function to which the employee was assigned, to the degree that the same number of employees are needed.

     Exempt service. Officers, appointments and positions of the city that are exempt from the provisions of this chapter unless specifically provided otherwise.  The following are in the exempt service: city council members; city manager; municipal judge; members of boards and commissions, and committees; volunteer and other personnel who serve without pay; medical director; and consultants and counsel rendering temporary professional service.

     Grievance. Any dispute regarding the meaning, interpretation, application, or alleged violation of the terms and provisions of the existing personnel procedures, or any determination involving suspension, dismissal or disciplinary demotion.

     Lack of funds. A situation in which the city is forced to drop positions because it does not have the funds to pay the salaries of the incumbent employees.

     Overtime rate. The overtime rate is the rate of pay equal to one and one-half times the regular rate of pay.

     Pay status. An employee is in pay status when the employee is on duty or on an authorized leave other than leave of absence.

     Permanent employees. A permanent appointment is one made to a position created without intent of limitation, and intended to exist for at least one budget year. A permanent appointment may be for a full-time position or a part-time position. In order to be considered a permanent appointment, a part-time position shall be specifically planned, approved and budgeted for a minimum of one thousand (1,000) hours per year.

     Position. A unit of duties and responsibilities to be carried out by one employee, normally on a full work-year basis.

     Probationary period. The period of time (either six (6), twelve (12) or eighteen (18) months as established in section 19-192) following initial placement in a city position, and regarded as an integral part of the examination process and which shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to the position, and for replacing any employee whose performance does not meet the required work standards. An employee who has not successfully completed a probationary period and/or extension thereof shall not have access to grievance or appeal privileges.

     Qualifying period. The period of time (either six (6), twelve (12) or eighteen (18) months as established in section 19-192) following transfer or promotion from one classification to another within city service, subsequent to the completion of a probationary period, shall be regarded as an integral part of the examination process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a transferred or promoted employee to the position, and for replacing any employee whose performance does not meet the required work standards. An employee who has completed a probationary period and is serving a qualifying period shall have grievance/complaint appeal privileges except in matters relating to the employee's status in the position in which the employee is serving the qualifying period.

     Supervisory employee. Any individual having the authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other public employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such actions, if in connection with the foregoing, exercise of such authority is not merely of a routine or clerical nature, but requires the use of independent judgment.

     Temporary employees. Those individuals retained by the city on a limited, indefinite basis with the intention of limiting their total number of hours worked as provided in this chapter.

     Unclassified employee.  An employee occupying an unclassified position.

     Unclassified position.  A position in the unclassified service.

    Unclassified service. The following offices and positions are in the unclassified service: city clerk; all department heads; assistant city manager; public communications officer; assistant to city manager; internal auditor; volunteer coordinator; secretary to city manager; electronic government coordinator emergency communications and management administrator; assistant fire chief.

(Code 1964, § 22.110; Ord. No. 12386, § 1, 10-16-89; Ord. No. 14617, § 1, 9-18-95; Ord. No. 15035, § 1, 10-21-96; Ord. No. 15958, § 1, 4-19-99; Ord. No. 17016, § 1, 9-17-01; Ord. No. 17074, § 1, 10-15-01)

     Cross reference(s)--Definitions and rules of construction generally, § 1-2