(A) This section shall apply to all non- confidential, non-supervisory, and non-seasonal employees of the city and its utilities (other than those represented by the PBA, the FOP, and IAFF Local 124 who are subject to a different section). This section shall apply to the City of Fort Wayne and all of its boards, commissions, authorities, divisions and departments.
(B) The following definitions shall apply to this section:
(1) CONFIDENTIAL EMPLOYEE. This is an employee:
(a) Who works in the city's personnel office;
(b) Who has access to confidential or discretionary information that may be used by the city in negotiating a collective bargaining agreement under this section;
(c) Who works in a close and continuing working relationship with:
1. An individual holding elective office; or
2. Individuals who represent the city in negotiations under this section;
(d) Whose:
1. Functional responsibilities; or
2. Knowledge;
concerning employee relations makes the employee's membership in an employee organization incompatible with the employee's duties; or
(e) Who is the personal secretary of:
1. A division or department head; or
2. An individual holding elected office.
(f) Who works in the city's Communications Department.
1. No union contract presented to Council for approval after the effective date of this provision shall contain a provision that prevents the city from participating in a nonunion multiple political subdivision communications department or county public safety communications system and computer facilities district, that requires the terms of the union contract to apply to the operation of, and the city's participation in, a multiple political subdivision communications department or county public safety communications system and computer facilities district, or that requires the city to provide employment for individuals whose jobs may be eliminated as the result of the city's participation in a joint communications department or a county public safety communications system and computer facilities district.
(2) PROFESSIONAL EMPLOYEE. Any employee engaged in work:
(a) Predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work;
(b) Involving the consistent exercise of discretion and judgment in its performance;
(c) Of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time;
(d) Requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instructions and study in institution of higher learning or a hospital as distinguished from a general academic education or form an apprenticeship or from training in the performance of routine mental, manual, or physical processes.
(3) SAFETY EMPLOYEE. A member of either the city's police or fire department who is also a member of a police or fire pension fund.
(4) SUPERVISORY EMPLOYEE. An individual having authority in the interest of the city, or its utilities, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct other employees, or to adjust employee grievances, or effectively to recommend such action, if the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment.
(5) SEASONAL EMPLOYEE. Any employee who is not employed on a year round basis, but rather has been hired for periodic seasonal needs.
('74 Code, § 20-16(a)) (Ord. S- 20-87, passed 1-27-87; Am. Ord. G-16-92, passed 4-24-92; Am. Ord. G-22-96, passed 9-24-96; Am. Ord. G-8-13, passed 6-11-13)