GENERAL PROVISIONS

For the purposes of §§ 39.001 through 39.005, 39.020 through 39.022, 39.035 through 39.068, 39.080 through 39.092, 39.105 through 39.109, 39.120 through 39.136, 39.155 through 39.169, 39.180 through 39.183 and 39.195 through 39.207, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANNIVERSARY DATE. The date used to determine eligibility for step advancement.

APPOINTIVE AUTHORITY. The mayor or his or her authorized representative.

APPOINTIVE OFFICER. Those employees in classifications appointed by and subject to the direction and supervision of the mayor or the city council that require the advice and consent of the council. This definition shall also include medical-appointed staff and mayoral-appointed staff that do not require advice and consent of the council.

BOARD. The civil service board.

CLASSIFIED EMPLOYEE. An employee providing support services to a director, elected official, human resources, or the city attorney as determined by executive order of the mayor. Classified employees are nonexempt under the Fair Labor Standards Act (FLSA).

COLLECTIVE BARGAINING UNIT. An organization selected by secret ballot by a majority vote of the employees of a unit chosen for the purpose of collective bargaining and shall be the exclusive representative of all employees in the unit.

DEPARTMENT HEAD. A director of a major organizational unit.

DISABILITY. A physical or mental impairment that substantially limits one or more of the major life activities of an employee and/or applicant for employment. A qualified individual with a disability means the disabled individual who, with or without reasonable accommodation, can perform the essential functions of the employment position he or she holds or desires.

EMERGENCY SERVICES EMPLOYEE. An employee providing direct support to 911 emergency response for police, fire, and medical services not represented by a collective bargaining unit. Emergency services employees are nonexempt under the Fair Labor Standards Act (FLSA).

EMPLOYMENT ANNIVERSARY DATE. The date used for determining vacations, sick leave, and other benefits. This date shall be the date the officer or employee entered service with the city continuously as a regular full-time or regular part-time employee.

EXEMPT EMPLOYEE. An employee exempted from the minimum wage and overtime provisions of FLSA. An exempt employee is classified as a salaried employee.

IMMEDIATE FAMILY. For purposes of sick leave usage, means parent, child, spouse, parents of the spouse, dependent residing in the employee's home, or an employee's grandparent, grandchild, or sibling afflicted with a serious medical condition.

INTERIM EMPLOYEE. An employee who based on exceptional business needs regularly works greater than 28 hours per week and longer than six months per year and who is not under civil service nor eligible to receive employee benefits other than access to the city's health plan. The director shall oversee and approve all interim employee hiring procedures.

MANAGEMENT EMPLOYEE. An employee and classification in the salary system not represented by a collective bargaining unit. Midmanagement employees are classified as exempt under FLSA.

NONEXEMPT EMPLOYEE. An employee covered by FLSA. A nonexempt employee is classified as an hourly employee.

OFFICERS. Those employees exempt from civil service and designated appointive officers.

PART-TIME EMPLOYEE. An employee who works 28 hours or less per week during a calendar year and who is not under civil service nor eligible to receive employee benefits.

PAY GRADE. A portion of the pay plan into which positions are assigned, consisting of minimum, maximum, and intermediate steps.

PROMOTION. Applies to an actual vacancy resulting in the movement of an employee from his or her present job classification to another job classification having a higher maximum biweekly or hourly rate of pay.

REASSIGNMENT. Applies to personnel action where no actual vacancy exists but an employee's job classification and/or salary grade has changed.

RECREATION SEASONAL EMPLOYEE. An employee who is employed in a position where the nature of the work involves employment in a recreational establishment and/or program for a duration of no greater than six months (180 days) in a calendar year, is not under civil service nor eligible to receive employee benefits, and who must incur a 13-week break in service from one six-month duration of employment to the beginning of the next six-month duration of employment. Recreation seasonal establishments include ice skating rinks, swimming pools, tennis courts, golf courses, summer camps, or similar activities

REGULAR FULL-TIME EMPLOYEE. An employee in the civil service of the city who is legally an incumbent of a position in the classified service. Appointive officials, for purposes of §§ 39.001 through 39.005, 39.020 through 39.022, 39.035 through 39.068, 39.080 through 39.092, 39.105 through 39.109, 39.120 through 39.136, 39.155 through 39.169, 39.180 through 39.183 and 39.195 through 39.207, are considered regular full-time employees.

REGULAR PART-TIME EMPLOYEE (RPT). An employee in the civil service of the city who is regularly scheduled to work less than 40 hours a week but more than 19 hours a week.

SEASONAL EMPLOYEE. An employee who is employed in a seasonal position for a duration of no greater than six months (180 days) in a calendar year, is not under civil service nor eligible to receive employee benefits, and who must incur a 13-week break in service from one six-month duration of employment to the beginning of the next six-month duration of employment. Seasonal work includes, but is not limited to, snow removal, construction, parks maintenance, street maintenance, etc.

SECRETARY. The civil service board secretary.

SEPARATION. Resignation from civil service in good standing, discharge, retirement, or death.

SICK LEAVE.

(1) The absence of the mayor and any appointive officer and employee, midmanagement, and classified employee because of illness or attendance upon a member of immediate family due to illness, provided that no officer or employee, unless officially assigned to special duty, shall be granted sick leave for any injuries or illness resulting from any employment other than that required in the course of his or her assigned duties.

(2) The officer or employee shall receive full compensation during sick leave.

STEPS. The salary allocated to a pay grade and listed steps 1 through 9.

TRANSFER. The movement of an employee:

(1) From one department to another department without a change in job classification; or

(2) From one job classification to another job classification having an equal or lower maximum biweekly or hourly rate of pay.

WORKWEEK.

(1) Forty hours in each seven-day fixed and reoccurring period.

(2) Pertains to nonexempt employees only.

(1957 Rev. Ords., § 2.209; 1992 Code, § 30-1) (Ord. 2669, passed 3-3-1970; Ord. 82-73, passed 10-1-1973; Ord. 39-80, passed 5-19-1980; Ord. 45-82, passed 4-26-1982; Ord. 99-84, passed 6-25-1984; Ord. 8-89, passed 1-23-1989; Ord. 59-89, passed 6-19-1989; Ord. 87-91, passed 11-25-1991; Ord. 32-94, passed 4-11-1994; Ord. 66-95, passed 5-1-1995; Ord. 87-97, passed 12-2-1997; Ord. 28-00, passed 4-10-2000; Ord. 4-01, passed 1-8-2001; Ord. 50-05, passed 5-9-2005; Ord. 94-06, passed 8-7-2006; Ord. 86-14, passed 11-12-2014; Ord. 97-16, passed 8-9-2016; Ord. 115-23, passed 12-5-2023)

Cross-reference:

Definitions and rules of construction generally, see § 10.002

§ 39.002 SALARY GRADES.

The various salary grades and schedules for the several officers and employees of the city shall be as provided by executive order of the mayor or as separately provided by a negotiated agreement for members of that collective bargaining unit only. All salary grades shall be on file in the office of the city clerk.

(1957 Rev. Ords., § 2.205; 1992 Code, § 30-5) (Ord. 2669, passed 3-3-1970; Ord. 2682, passed 5-18-1970; Ord. 2724, passed 12-7-1970; Ord. 2735, passed 2-8-1971; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995)

§ 39.003 BONDS FOR OFFICERS, EMPLOYEES.

When required by the mayor or by state law, the various officers and employees of the city other than those appointed officers described in §§ 39.106 and 39.107 shall furnish an under taking to be approved by the mayor in an amount as designated by the mayor from time to time conditioned for the faithful performance of the duties of their positions and to account, pay over and deliver all money or property coming into their hands by virtue of their position according to law.

(1957 Rev. Ords., § 2.204; 1992 Code, § 30-6) (Ord. 2669, passed 3-3-1970; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995)

§ 39.004 EMPLOYEES’ WORKERS’ COMPENSATION FUND.

(a) The city workers’ compensation fund is hereby created.

(b) Funding shall be made through appropriations and/or transfer of unencumbered funds to maintain current liability reserves and a balance to provide sufficient monies to meet future liabilities.

(1) For the purpose of paying claims received by employees of the city, resulting from injuries received while in the discharge of their employment as employees of the city as provided in § 39.206 and arising out of and during the course of their employment; and

(2) For special purposes related to workers’ compensation as identified and authorized by mayor action.

(1957 Rev. Ords., § 2.401; 1992 Code, § 30-7) (Ord. 77-86, passed 8-25-1986; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 28-00, passed 4-10-2000)

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