§ 39.036  APPLICATION TO APPOINTIVE OFFICERS.
   (a)    This subchapter shall not apply to elective or appointive officers unless otherwise specifically stated. The term APPOINTIVE OFFICERS as used in this section shall include all appointive officers specifically provided for by statutes of the state and all other officers appointed to fill appointive offices created by ordinance, executive order, or resolution as authorized by the statutes of the state or city charter.
   (b)    Except for the police and fire chief, anyone holding an appointive office on or before December 31, 2015, who at the time of his or her appointment thereto, was in the civil service of the city shall, upon his or her removal from appointive office, be returned to his or her former position and pay as an employee of the city, and the period of his or her tenure as an appointive officer shall be included in his or her civil service rights. This provision does not apply to any appointive officer who has been removed from appointive office for any reason that would warrant a demotion, suspension, or discharge of any employee who is subject to this chapter.
   (c)   The police and fire chief, irrespective of appointment date, who at the time of his or her appointment thereto, was in the civil service of the city shall, upon his or her removal from appointive office, be returned to his or her former position and pay as an employee of the city, and the period of his or her tenure as an appointive officer shall be included in his or her civil service rights. This provision does not apply to a police or fire chief who has been removed from appointive office for any reason that would warrant a demotion, suspension, or discharge of any employee who is subject to this chapter.
(1957 Rev. Ords., §§ 3.102–3.104; 1992 Code, § 30-19)  (Ord. 1999, passed 9-21-1959; Ord. 2153, passed 9-17-1962; Ord. 55-80, passed 6-23-1980; Ord. 87-91, passed 11-25-1991; Ord. 37-95, passed 3-6-1995; Ord. 133-15, passed 12-15-2015; Ord. 86-20, passed 10-6-2020)