A.   The transition of the status of the employees from the previous Charter to this Charter shall be controlled by the following conditions:
      1.   The Civil Service Commission as it existed prior to the date of adoption of this Charter shall be abolished after the effective date of this Charter.
      2.   The Civil Service Commission created under this Charter is limited to an adjudicatory role rather than a policy making role.
      3.   The policy making function has been placed by this Charter with the elected officials and persons directly responsible to elected officials. In the case of hospital employees the policy making function has been placed with the Board of Hospital Managers.
      4.   The policy making officials are bound by collective bargaining agreements and by the rights, benefits and conditions of employment existing pursuant to and/or by virtue of the previous Charter.
      5.   The rights, benefits and conditions of employment referred to in Sec. 9-303(A)(4) above shall remain in full force and effect as to all employees in the Classified Service, whenever hired, until changed by mutual agreement between the City and the affected employee’s bargaining unit.
      6.   If an employee in the Classified Service is not covered by a collective bargaining agreement, the employee shall continue to possess the rights, benefits and conditions of employment until changed by operation of law or the terms of this Charter.
   B.   Notwithstanding the provisions of 9-303(a) above, no employee who was in the Classified Service prior to the adoption of this Charter, whose position is not in the Classified Service under this Charter, may be removed under this Charter unless:
      1.   The person is transferred to another position in City government and is assured of salary and benefits at least as favorable as would have been earned by service in the position from which transferred until mandatory retirement age is reached; or
      2.   A mutually agreeable settlement is made by the City with the person discharging all rights against the City which the person may assert; or
      3.   Cause for removal is established in proceedings before the Civil Service Commission.
(Adopted by the electorate, 11-5-1974)