(A) Except for §§ 2.40.105, 2.40.110, 2.40.120, 2.40.130, 2.40.140 and 2.40.150, which shall apply to employees as indicated, the provisions of this chapter shall apply only to those officers and employees included in the competitive service of the city. The competitive service of the city shall include all officers and employees of the city, except all elected officials, persons appointed by the City Council to city boards, commissions or committees, the City Manager, the City Attorney, part time, seasonal and temporary employees, and all employees included within the executive group employee resolution.
(B) All employees not included in the competitive service of the city under this section shall serve at the will and pleasure of their appointing authority, they may be appointed, controlled, ordered and directed by their appointing authority in any manner which is in compliance with applicable law, and they may be disciplined or terminated from city employment by their appointing authority without proof of cause or other justification, and without right of appeal or hearing. When such discipline or termination is imposed on any employee other than the City Manager or City Attorney, the City Manager alone may also approve an agreement in conjunction therewith which complies with the provisions of § 3.04.030(C) of this code. Elected officials and persons appointed by the City Council to city boards, commissions or committees shall serve in accordance with applicable state and local laws, including this code, and may be removed from office only in accordance with such laws.
(C) Part time, seasonal and temporary employees are not included in the competitive service of the city, and shall be provided only those wages and benefits mandated by applicable federal, state or local laws, rules or regulations. The only wages mandated by local laws, rules or regulations shall be those provided for in § 2.40.060(B)(2) of this code. By way of example for wages mandated by federal or state laws, rules or regulations, they shall include applicable federal or state overtime wages. There are no benefits mandated by local laws, rules or regulations. By way of example for benefits mandated by federal or state laws, rules or regulations, they may include health coverage mandated by the federal Patient Protection and Affordable Care Act (PL 111-148, March 23, 2010, 124 Stat 119) (commonly referred to as the "Affordable Care Act"), as well as sick leave mandated by the California Healthy Workplaces, Healthy Families Act of 2014 (Chapter 317, Statutes of 2014) (see § 2.40.060(Y) of this code). Part time, seasonal and temporary employees shall not be members of or included in, and shall not receive any compensation or benefits provided in, any memorandum of understanding with any city employee unit, the executive group employee resolution or the management/confidential group employee resolution.
(Ord. 3189 § 8, 2015; Ord. 3102 § 2, 2011; Ord. 3035 § 3, 2010; Ord. 2573 § 1, 2002.)