183.03 COMPENSATION OF PERSONS EMPLOYED IN ACTING OR TEMPORARY CAPACITY.

   Except where otherwise provided by a collective bargaining agreement, any person who performs the duties of an officer or employee in the classified or unclassified service of the City in an acting or temporary capacity shall be governed by the following:

   (a)   The City Manager, or his designee, shall determine:

      (1)   Whether, in order to carry out the business of the City, it is necessary to make a temporary appointment to fill a position because of a vacancy in that position or it is necessary to make an acting appointment during the absence of an incumbent;

      (2)   When an acting or temporary appointment shall be made;

      (3)   Who shall be appointed to serve in an acting or temporary capacity;

      (4)   What the compensation shall be for any appointee serving in an acting or temporary capacity taking into consideration the annual budget and appropriation ordinance provided that the period of time the appointee serves in an acting or temporary capacity is ten business days or more; and

      (5)   The duration of any acting or temporary capacity appointment.

         (Ord. 2010-11-92. Passed 11-10-10.)

   (b)   Such officers or employees serving in acting or temporary capacity shall be entitled to additional compensation beyond their regular compensation provided that the compensation for the position for which they are serving in acting or temporary capacity is greater than their regular compensation. Where the compensation for the position in which any person is serving in an acting or temporary capacity is greater than the regular compensation of that person, such person shall not be paid more than the maximum compensation for such acting or temporary position as permitted by the appropriate salary and wage ordinance or collective bargaining agreement.

   (c)   A person shall be considered to have accepted an acting or temporary appointment if and when such person actually assumes and performs the duties and responsibilities of the position for which he/she is serving in an acting or temporary capacity.

   (d)   A person shall not be compensated for merely assuming the title to a position without actually performing the duties and responsibilities of such position.

   (e)   All acting and temporary appointments shall be subject to the provisions of the Charter and the rules and regulations of the Civil Service Commission.

      (Ord. 94-5-50. Passed 5-25-94.)