The following terms, when used in this chapter, shall have the meanings ascribed to them in this article.
(Ord. 50-77 § 1.02; Ord. 3-97; amended during 2011 recodification; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Appointment"
means the assignment of a qualified person from a certification list to a position in the city service by the appointing authority.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Appointing authority"
means the city manager or other delegated authority who is empowered to appoint or remove employees of the department over which the city manager or delegated authority has jurisdiction subject to the provisions of this chapter.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
For purposes of this section, "at will" means that the affected employee is employed at the discretion and pleasure of the city. While many employment rules may be contained in this section, no other policy, practice or application of any rule shall be considered a contract or assurance of continued employment. The employee or the city may terminate employment in unclassified service for reasons that either considers sufficient.
(Ord. 30-99; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Certification list"
means a list of all persons who have qualified for appointment to positions within a certain class under the provisions of this chapter, with names arranged in order of qualifying scores in the examination.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Certify"
means the act of the human resources director in supplying an appointing authority with the names of applicants who are eligible for appointment to the class and position for which certification is requested.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Class"
means a group of positions sufficiently similar in duties, responsibilities, salary range and minimum qualifications to permit combining them under a single title.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Classified service"
means all positions not specifically included in the unclassified service and excludes all job classifications covered by a collective bargaining agreement with the city.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Continuous service"
means employment in the city service as a regular or probationary employee which is uninterrupted except for authorized leave of absence or separation due to layoff; provided, that time lost due to layoff shall not be included in the determination of length of continuous service.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Demotion"
means the assignment of an employee from the employee's present position to another position providing a lower salary rate.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Division manager"
means an employee designated by the city manager, a deputy city manager and/or a department director to be the operating manager of a division.
(Ord. 50-77 § 1.02; Ord. 54-92; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Employee"
means a person occupying a nonelected, budgeted position and who is paid for services rendered.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Examination"
means that series of events and/or exercises which culminate in certification of a list of persons qualified for appointment to a particular position of a specified class.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Exempt employee,"
as defined by the Fair Labor Standards Act, means an employee who is paid a fixed salary on a weekly, monthly or annual basis and whose duties meet the criteria for exclusion from the overtime pay requirements under the applicable federal and state wage and hour laws, including, but not limited to, executive, administrative, or professional employees. An exempt employee is not eligible to receive overtime pay.
(Ord. 54-92; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Immediate family"
means that group of individuals including the employee's wife, husband, or registered domestic partner, son, son-in-law, daughter, daughter-in-law, mother, mother-in-law, father, father-in-law, sister, sister-in-law, brother, brother-in-law, grandfather, grandmother, grandchild, or any person permanently residing with the employee with an immediate familial relationship.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Intermittent employee"
means an employee qualified to work in a specific position classification who works at irregular or variable intervals, not to exceed an average of 30 hours per week. Employment is not guaranteed for any length of time.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Leave of absence without pay"
means an unpaid leave authorized by the deputy city manager, assistant city manager, and/or department director for up to 30 calendar days, and as authorized by the city manager, a maximum of one year except in the case of illness, injury or involuntary conscription.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Nonexempt employee,"
as defined by the Fair Labor Standards Act, means an employee whose duties render their job classification eligible for overtime in accordance with applicable federal and state wage and hour laws.
(Ord. 54-92; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Regular full-time employee"
means any employee who is employed for a minimum of 30 to 40 hours per week, who has successfully completed a probation period in a position and who continues to successfully meet the requirements of that position as determined by the appointing authority.
(Ord. 50-77 § 1.02; Ord. 54-92; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Temporary employee"
means any employee whose tenure is eight months or less, and who may occupy either a full-time or part-time position. Temporary employees have no right to steady employment, prior notice of termination or preference for regular full-time job openings.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Limited term employee"
means an employee whose tenure is greater than eight months but no longer than 24 months, and who may occupy either a full-time or part-time position. Limited term employees have no right to steady employment, prior notice of termination or preference for regular full-time or part-time job openings.
(Ord. 25-07; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Probationary period"
means a working test period of no less than one year during which an employee is required to demonstrate the ability and capacity to perform the duties of the position to which the employee has been appointed.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 19-18 § 1; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Promotion"
means the assignment of an employee from a position in one class to another class providing a higher salary rate.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Provisional employee"
means any employee hired without having participated in an examination process for which the tenure of employment does not exceed four months, and who may occupy either a full-time or part-time position.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Recall list"
means a listing, by class, of regular full-time or regular part-time employees who have been separated from the classified city service by reduction of force.
(Ord. 50-77 § 1.02; Ord. 54-92; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Salary"
means the compensation paid to an employee for services rendered as set forth in the city's compensation plan.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Transfer"
means the assignment of an employee from one position, division or department to another position, division or department.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Unaffiliated staff"
means classified and unclassified (excluding elected and appointed) employees who are not subject to union representation or represented by any council adopted formal collective bargaining agreement.
(Ord. 47-99; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Unclassified service"
means all positions listed as follows:
A. 
Officers elected by the people and persons appointed to fill vacancies in elective offices;
B. 
Officers appointed by the mayor or council as approved by the law or by the Charter;
C. 
The city manager, deputy city manager, assistant city manager, all department directors, all division managers, and such other principal officers and assistants as the council may prescribe.
D. 
All unclassified employees hired after the effective date of the ordinance codified in this chapter shall be considered "at will."
(Ord. 50-77 § 1.02; Ord. 54-92; Ord. 3-97; Ord. 30-99; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Vacancy"
means a position existing or newly created, budgeted, which is not occupied, and for which a valid requisition has been received by the human resources department.
(Ord. 50-77 § 1.02; Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Reclassification"
means the action of repositioning (upwards or downwards) of a job classification currently listed as a job classification in the city's compensation plan structure. The action may affect the incumbent employee.
(Ord. 3-97; Ord. 2022-29 § 1; Ord. 2023-30 § 1)
"Contingent employee"
means an employee contracted through an employment agency. They are not city employees and are not covered by the provisions of this chapter. They have no right to steady employment, prior notice of termination or preference for regular full-time or part-time job openings.
(Ord. 25-07; Ord. 2022-29 § 1; Ord. 2023-30 § 1)