As used in this chapter:
"Administrative leave with pay" means leave with pay granted at the city manager's discretion for good cause.
"Anniversary date" means a day twelve months from an employee's date of hire.
"Annual leave" means leave with pay granted to a classified or qualified appointed employee after accrual at a specific rate
"Appeal" means a written request that a formal grievance decision by management be reconsidered at a further stage in the grievance procedure.
"Applicant" means a person who has made formal application on an official city personnel application form for a position in the city service.
"Appointed employee" means an unclassified, terminable-at-will employee.
"Casual employee" means an employee called on short notice or on an occasional basis for a short period of time or an employee who works less than twenty hours per week.
"Classified employee" means a full- or part-time employee who is hired to fill a classified position and has completed the probationary period. Classified employees can only be disciplined for cause and are entitled to all the rights and benefits of this chapter.
"Classified position" means one whose employees can only be disciplined for cause.
"City business" means the performance of duties of a city position at an employee's normal workstation or at a location authorized by the city.
"Compensatory time" means those hours granted in lieu of overtime pay to a Fair Labor Standards Act (FLSA) nonexempt employee as defined by the FLSA, on the basis of one and one-half hours compensatory time for
each hour of overtime actually worked by the employee.
"Demotion" means a personnel action which reduces the employee's responsibilities and pay. Demotions may be voluntary or may be the result of a disciplinary action.
"Department head" means the following: city manager, assistant city manager, city clerk/treasurer, police chief, and fire chief.
"Dismissal" means an action by the city, which involuntarily terminates an individual's employment with the city.
"Due process" means the right granted to a full-time or part-time classified employee who has completed the probationary period to a pre- and a post-disciplinary hearing, for actions of suspension, demotion, or dismissal.
"Elected official" means an individual elected by popular vote or appointed to fill vacancies in an elective office (i.e. city commission).
"Exempt employee" means all executive, administrative, and professional employees as defined in Department of Labor regulations to the FLSA, and whose compensation is based on a fixed annual salary. Classification as exempt is determined by a position's requirements and responsibilities as described in the Department of Labor Regulations. Exempt employees do not receive additional pay or compensatory time for working more than forty hours per week.
"Full-time employee" means one who works a minimum of forty hours per week, except firefighters, who work a varied work week.
"Grievance" means a complaint of an employee concerning actions taken by management which result in loss of pay to the employee (formal grievance) or which results from dissatisfaction with the working conditions or relationships (informal grievance).
"Insubordination" means the conduct of an employee constituting defiance, disobedience, dissention, rebelliousness, or resistance to supervision.
"Layoff (reduction in force)" means the involuntary separation of an employee from the city service without fault on the part of the employee due to reorganization, lack of work, or lack of funds.
"Nonexempt employees" means all employees who are covered by the provisions of the FLSA and the regulations interpreting the Act. Nonexempt employees receive compensatory time off or overtime pay for actual hours worked in excess of forty hours per work week.
"Part-time employee" means a position in which the employee works a minimum of thirty-two hours per week on a regular basis, but less than forty hours.
"Personnel committee" means a committee comprised of city employees and one noncity employee, appointed by the city commission, which makes recommendations to the city manager on specified personnel matters.
"Post-disciplinary hearing" means a formal hearing held after disciplinary action has been taken and which is conducted by a hearing officer at the request of a classified employee who is grieving a suspension or demotion, or a former employee who is grieving a dismissal.
"Pre-disciplinary hearing" means a hearing conducted by the city manager for the benefit of classified employees before the imposition of the disciplinary actions of suspension, demotion, or dismissal.
"Probationary employee" means a full-time or part-time employee hired to fill a classified position who has not yet completed the six-month probationary period or one thousand forty hours, whichever is greater, of employment during which time the employee is terminable-at-will and cannot grieve his termination. Ail uniformed certified employees of the police and fire departments serve a six-month probationary period, except uncertified uniformed officers, who serve a one-year probationary period or two thousand eighty hours, whichever is greater.
"Promotion" means transfer to a position requiring higher responsibilities and salary.
"Sick leave" means leave with pay granted to a classified or qualified appointed employee, after accrual at a specific rate, when personal illness keeps the employee from performing the duties of the position or when an employee's spouse, parent, or child, who is related by marriage or blood meets the definition of a serious medical condition under the Family and Medical Leave Act.
"Sick leave abuse" means use of accrued sick leave for nonmedical problems or for repeated absences on Mondays and Fridays or for calling in sick for the purpose of extending scheduled annual leave or holiday time. Employees abusing sick leave may be disciplined up to and including dismissal.
"Suspension" means an enforced leave of absence without pay, not to exceed fifteen working days, for disciplinary reasons.
"Temporary position" means an employee is hired on either a full-time or part-time basis to a seasonal position or to a position established for a period of no more than three months. Temporary positions are unclassified.
"Terminable-at-will" means an employee who fills an appointed or temporary position or is one who has not completed his probationary period. A terminable-at-will employee serves at the discretion of the city, and his employment can be terminated with or without cause. A terminable-at-will employee cannot grieve suspension, demotion, dismissal, or other disciplinary actions.
"Transfer" means the transfer of an employee from one department or office to another department or office in the city service having the same salary. The city may transfer employees from one position to another in accordance with city needs.
"Unclassified employees" means those employees filling appointed, casual, or temporary positions, and those who have not completed the probationary period.
"Volunteers" means individuals who serve on boards and commissions and are not city employees. (Ord. 435 § 2,2001)