(a) No managerial or supervisory employee, as defined herein, shall negotiate for, negotiate with, hold office in or be a member of any employee organization which is or seeks to become the recognized representative of the public employees, employed by the public employer of such managerial or supervisory employee.
(b) For purposes of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively:
(1) “Employee” means any person employed by the City, except:
A. Elected official and those persons directly appointed by and working directly for an elected official;
B. Employees within their probationary period;
C. Part-time, other than casual and seasonal employees; or
D. Confidential, managerial employees and supervisory employees.
(2) "Employee organization" means any organization in which employees participate and which exists for the purpose, in whole or in part, of dealing with the City in matters concerning wages, hours, fringe benefits and working conditions.
(3) "Confidential employee" means employees, who in the usual course of their duties, have access to confidential information concerning administrative, financial, personnel or legal matters of the City, subject to use by the City in collective bargaining. The City secretary and secretary to the Chief of Police are confidential employees.
(4) "Managerial employees" means a department head and his chief assistant, a department superintendent and his chief assistant, the Police Chief, the Fire Chief and other positions as designated from time to time by Council, whose employment responsibilities otherwise meet the definition of managerial personnel within this section.
(5) "Negotiate" means the mutual obligation of the City and the duly authorized representatives to negotiate in good faith in order to fully exchange information, opinions and proposals, and to endeavor to reach agreement on matters within the scope of representation.
(6) "Professional employee" means an employee engaged in work which is predominantly intellectual, involving the consistent exercise of discretion and judgment in its performance and requiring knowledge of an advanced type in a field of science or learning customarily acquired by prolonged course in an institution of higher learning or a hospital, as distinguished from general academic education or from an apprenticeship; or, an employee who has completed the courses of such specialized intellectual instruction and is performing related work under supervision of a professional person to qualify himself to become a professional employee.
(7) "Recognized employee organization" means an employee organization representing the employees in a particular representation unit or union.
(8) "Supervisory employee" means an individual:
A. Whose primary duty consists of the management of the City or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein; or
B. Who does devote more than twenty percent (20%) of his hours of work to activities which are directly and closely related to the performance of work described in subsection (b)(8)C. hereof, provided that the requirements of this subsection shall not apply to an employee who is in sole charge of an independent activity or a physically separated establishment; and
C. Who has some or all of the following responsibilities in the interest of the City; to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline employees or responsibility to direct them or to adjust their grievances or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment.
(c) Pursuant to subsection (b)(4) herein, the following employees shall be defined as managerial employees:
Parks Department - Recreation Supervisor; Parks Foreman; Pool Manager.
Service and Streets Department - Streets Foreman; City Electrician.
Utilities Department - Chief Filter Plant Operator; Chief Disposal Plant Operator; Distribution General Foreman.
Fire Department - Lieutenants.
Police Department - Lieutenants.
The following employees are specifically defined as not being managerial or supervisory employees:
Police Department - Sergeants.
Fire Department - Platoon Leaders and Inspectors.
(d) This section shall not be construed to prohibit any managerial or supervisory employee from participating in any social or purely fraternal activities of any organization which exists for the purpose in whole or in part of dealing with the City in matters concerning wages, hours, fringe benefits and working conditions. (Ord. 810901-69. Passed 9-1-81.)