§ 42.036 EXEMPTIONS.
   (A)   Complete exemption. All officers or officials of the city elected by the voters of the city shall be completely exempt from the coverage of the personnel policy. Nevertheless, to the extent necessary to maintain consistency in city operations, the policies herein established shall govern the city’s dealing with even elected officials. For example, pay periods as established in the employee handbook will apply to elected officials.
   (B)   Partial exemptions. Except as otherwise specifically provided for in the personnel policy, the following positions or categories of employment in the service of the city shall be exempt from its coverage:
      (1)   All positions subject to a written agreement with the city, including, but not necessarily limited to collective bargaining agreements:
         (a)   This exemption shall not, however, apply to the Chiefs and Deputy Chiefs of the Police Department and the Chief, the Deputy Chiefs and Assistant Chiefs of the Fire Department (herein “police and fire administrators”); and
         (b)   Accordingly, the officers shall be subject the provisions of the personnel policy of the city notwithstanding any other provision of contract.
      (2)   All part-time, seasonal or temporary positions;
      (3)   All members of the Legal Department of the city;
      (4)   All officers or employees governed by the Board of Fire and Police Commissioners:
         (a)   This exemption shall not however, apply to the Chiefs and Deputy Chiefs of the Police Department and the Chief, Deputy Chiefs and Assistant Chiefs of the Fire Department (herein “police and fire administrators”); and
         (b)   Accordingly, the officers shall be subject to the provisions of the personnel policy of the city notwithstanding any other provision or contract (except as to the Board of Fire and Police Commissioners jurisdiction to appoint, promote, discipline, suspend or discharge as provided in this code).
      (5)   All officers or employees governed by the Public Library Board.
   (C)   Defined exemptions. In the event it shall be unclear whether any position or category of employment is or is not subject to the personnel policy or the extent of coverage, determination shall be made by the Mayor.
(1980 Code, § 13.207) (Ord. 9138, passed 2-9-2009; Ord. 9334, passed 5-21-2018)