§ 33.173 CIVIL SERVICE SYSTEM; EXCEPTIONS.
   (A)   The civil service system of the city shall consist of those employees subject to the provisions of the civil service system of the city as established by this subchapter.
   (B)   The civil service system shall be a permanent system and shall comprise all tenured positions now existing or hereafter established, except the following:
      (1)   All elected officials;
      (2)   Non-employee members of all boards and commissions;
      (3)   The City Manager and his or her assistants, excluding clerical and secretarial personnel;
      (4)   The City Attorney and assistant city attorneys;
      (5)   Department heads appointed by the City Manager;
      (6)   All part-time, temporary and probationary employees;
      (7)   All contractual employees.
   (C)   Any person currently employed in one of the positions specified in divisions (B)(3) and (5) hereinabove and having held that position prior to July 17, 1974, shall, only with regard to such position, acquire rights created and established by this subchapter. Any person promoted to a position specified in divisions (B)(3) and (5) hereinabove after July 17, 1974, and prior to the final adoption of approval of this subchapter, shall acquire rights created and established by this subchapter, but only as to the position held prior to the promotion.
   (D)   The probationary period for persons promoted into the positions enumerated in divisions (B)(3), (4), (5) and (7) hereinabove, shall be a period of one year, during which period such persons shall retain the rights created and established by this subchapter.
   (E)   Any person employed in a position enumerated in divisions (B)(3) and (5) hereinabove, and who has not acquired the rights created and established by this subchapter, shall before being terminated be given a written notice of termination by the City Manager, with copies to each member of the City Commission for informational purpose only, listing the reasons for termination and shall have seven days to file a written response, whereupon a hearing with the City Manager will be held. The requirements of notice, privilege of response and a hearing as in this division set forth shall be procedural in nature only and shall not be construed to require the City Manager to establish good cause and/or legally sufficient grounds for a termination as in this division set forth, since the persons referred to in this division serve at the pleasure of the City Manager and may be terminated at his or her discretion.
(Ord. O-2010-30, passed 7-21-10)