SECTION 4.02 PERSONNEL SYSTEM.
   (a)    Merit Principle. All appointments, promotions and pay plan step increases of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence.
 
   (b)    Personnel Advisory Board. There shall be a Personnel Advisory Board consisting of three members appointed by the Council for terms of three years from among the qualified electors of the City. Members of the Personnel Advisory Board shall hold no other City office. The City Manager shall provide necessary staff assistance for the Personnel Advisory Board.
 
   (c)    Classification. The Civil Service of the City shall be divided into two classes: the unclassified and the classified service.
      1.   The unclassified service shall include:
         (a)   All officers elected by popular vote or persons appointed to fill vacancies in such offices;
         (b)   The members of all boards and commissions;
         (c)   Court Clerks, bailiffs, and such officers and employees of the Municipal Court as it is found impracticable to determine their fitness by competitive examination in accordance with the provisions of the Personnel Rules and Regulations;
         (d)   The City Manager, Assistant City Manager, Solicitor, Clerk of the Council, heads of departments, divisions and agencies and their principal assistants;
         (e)   Unskilled and semi-skilled laborers as it is found impracticable to determine their fitness by competitive examination in accordance with the provisions of the Personnel Rules and Regulations;
         (f)   Employees retained on a temporary and/or part-time basis.
      2.   The classified service shall comprise all positions not specifically included by this Charter in the unclassified service. There shall be in the classified service two classes to be known as the competitive and noncompetitive classes:
         (a)   The competitive class shall include all positions and employees for which it is practicable to determine the merit and fitness by competitive examination.
         (b)   The noncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, as may be determined by the provisions of the Personnel Rules and Regulations.
 
   (d)   Personnel Rules and Regulations. The City Manager shall prepare personnel rules and regulations and shall refer such proposed rules and regulations to the Personnel Advisory Board which shall report to the Manager its recommendations thereon. When approved by the City Manager, the rules and regulations shall be proposed to the Council, and the Council may by ordinance adopt them with or without amendment. These rules shall provide for but not be limited to:
      1.   The classification of all City positions, based on the duties, authority and responsibility of each position, with adequate provision for reclassification or regrading of any position whenever warranted by changed circumstances;
      2.   A pay plan for all City positions;
      3.   Methods for determining the merit and fitness of candidates for appointment or promotion and the procedures for the certification and appointment of candidates from eligibility lists for appointment, promotion or reinstatement;
      4.   The policies and procedures regulating reduction in force and removal of employees;
      5.   The hours of work, attendance regulations and provisions for sick and vacation leave;
      6.   The policies and procedures governing persons holding provisional appointments;
      7.   The policies and procedures governing relationships with employee organizations;
      8.   Policies regarding in-service training programs;
      9.   Grievance procedures, including procedures for the hearing of grievances by the Personnel Advisory Board;
      10.   Other practices and procedures necessary to the administration of the City personnel system.
 
   (e)   Prevailing Law. This Charter section and the Personnel Rules and Regulations adopted by Council shall supersede any State civil service statute with which they may conflict.
(Amended 11-7-95.)