The following words and phrases as used in this chapter shall have the meanings ascribed to them in this section, unless the context, clearly requires otherwise:
Allocation means the official determination of the class in which a position in the classified service shall be deemed to be included. "Reallocation" means the reassignment of a position from one classification to another classification which is determined to be more appropriate based on the assigned duties and responsibilities.
Appointing officer means the city manager or other persons authorized by the Charter to make appointments to the classified service.
Appointment means the action of an appointing officer which appoints a person as an employee in the classified service.
Classification means a class of positions sufficiently similar as to duties performed, degree of supervision exercised or required, minimum qualifications and other characteristics that the same title, the same test of fitness, and the same schedule of compensation may be applied with equity to each position in the group.
Commission means the civil service commission of the city.
Commissioned personnel means police department or fire department employees who have been duly certified and commissioned to be a police officer certified as a peace officer or firefighter and who are eligible for the public safety personnel retirement system provided by the State of Arizona pursuant to A.R.S. § 38-851 et seq.
Demotion means the reassignment of an employee from a position in one classification to a position in another classification that is assigned a lower salary range by ordinance.
Director means the director of human resources as provided for in chapter XXX of the Charter.
Discharge means the termination of the employment of an employee made for cause by action of an appointing officer.
Eligible means any person who has, in accordance with the provisions of the rules and regulations of the commission, been officially entered upon an eligible list for a specified class of positions.
Emergency means an unforeseen occurrence or combination of circumstances which would not have been foreseen in the exercise of reasonable care, and which required immediate action and remedy.
Emergency appointment means the appointment of an individual to a position required by a state of emergency without compliance with the usual procedures of request for and certification of eligibles therefor as provided in the rules and regulations of the commission.
Employee means any person, including officer, lawfully appointed to a position in the classified service and receiving compensation for the class of positions to which such appointment is made.
Entrance examination means any competitive test considered appropriate by the commission or the director for the selection of eligibles for appointment to a specified class in the classified service, and open to all persons possessing the minimum qualifications therefor.
Entrance list means an officially promulgated list of names of persons arranged in the order of their merit who have been found qualified by a suitable entrance examination, or as otherwise provided in the rules and regulations, for appointment to a specified class.
Full-time basis means employment on a work schedule consisting of forty (40) hours per week and which is intended to be continuous beyond a period of twelve (12) months.
Just cause. The following shall constitute just cause for discipline up to and including termination, although enumeration thereof shall not exclude other causes, namely: fraud in securing appointment; incompetence; inability to perform essential functions of assigned position with or without reasonable accommodation; dishonesty, insubordination; inattention to duties; discourteous treatment of the public, supervisors, or fellow employees; violation of the ordinances of the mayor and council, the rules and regulations of the commission, administrative directive of the city manager, and the rules and regulations of the department in which an employee is employed; absence from duty without leave; intoxication on duty; violation of the city's directives on drug and alcohol use; addiction to the use of narcotics; conviction of a crime involving violence, moral turpitude, or the aggravating circumstances described in A.R.S. § 13-702(c)(15) [relating to "hate crimes"]; and conduct, while either on or off duty, tending to cause discredit to the city or the department that affects its ability to perform its mission, or the city or the department to question an employee's reliability, judgment, and trustworthiness in carrying out assigned responsibilities. In no case shall any political or religious belief of affiliation of any indefinite or vague charges, such as for the good of the service, be considered just cause.
Lay-off means the termination of a person's employment because of lack of funds or work, or because of material changes in duties or organization.
Minimum qualifications means the requirements as to education, training, skill, experience and other qualifications prescribed for a given class in the classification plan.
Non-permanent position means the following:
A. A position which is annually designated as intermittent, seasonal, or temporary by the human resources director and subject to the conditions hereafter provided. Non-permanent positions supplement the regular permanent workforce and include only the following:
1. Intermittent positions work up to one thousand five hundred (1,500) hours per fiscal year on an on-call, as needed basis or on schedules that vary depending on workload.
2. Seasonal positions work up to one thousand five hundred (1,500) hours per fiscal year with specific start and end dates to cover workloads in specific periods of the year.
3. Temporary positions work part-time or full-time on a specific project that is expected to be one year or less in duration. Temporary positions can be extended one time for an additional six (6) months with the approval of the city manager.
B. Non-permanent positions must be advertised as non-permanent positions on the recruitment notices. Newly appointed non-permanent employees must sign an acknowledgement that the position is non-permanent.
C. The acceptance or declination of a non-permanent appointment shall not affect an applicant's standing on any employment list, eligibility list, or eligibility for a probationary appointment.
D. Employment under a non-permanent appointment shall not be counted as part of a probationary period. Non-permanent appointments do not grant any property rights to the incumbent. The appointing officer may terminate a non-permanent appointment at any time without notice or right of appeal but shall transmit to the director the reasons for such actions.
Original appointment means the appointment of an eligible from an entrance list to a position in the classified service.
Permanent appointment means the action of an appointing officer which serves to lawfully constitute a person a permanent employee in the classified service. This definition is not to be construed as making the procedures for lay-off, suspension and discharges provided for in this article and such rules and regulations inapplicable to permanent employees.
Permanent employee means any employee who either (1) qualified in accordance with chapter XXV, section 10, of the Charter, or (2) has been given a permanent appointment to a position in classified service upon completion of a probationary period.
Permanent position means that the tenure of the position is anticipated to continue without interruption for a period of more than twelve (12) months.
Position means an office or a position of employment in the classified service, whether part-time, full-time, permanent or non-permanent, occupied or vacant, composed of specific duties which call for services to be performed.
Probationary appointment means an original or promotional appointment to a permanent position in the classified service to fill a vacancy therein, other than one caused by the regular incumbent thereof being on leave for a period of not more than twelve (12) months, of an eligible who must serve a probationary period previous to acquiring the status of a permanent employee.
Probationary period means a working test period considered an integral part of the examination process during which a new appointee is required to demonstrate fitness for the position to which appointed by actual performance of the duties of the position.
Promotion means the reassignment of an employee from a position in one classification to a position in another classification that is assigned a higher salary range by ordinance.
Promotional examination means any competitive test considered appropriate by the commission and the director for the selection of eligibles for promotional appointment to a specified class and open only to employees in the classified service possessing the minimum qualifications therefor.
Promotional list means an officially promulgated list of names of persons arranged in the order of their merit who have been found by a promotional examination, or as otherwise provided in the rules and regulations, to be qualified for promotion to a specified class.
Reemployment list means a list of names of persons, established on either a departmental or servicewide basis as the commission may determine, who have attained the status of permanent employees in a specified class, who have been separated from their positions without fault on their part, and who are entitled to placement on a certification list for consideration for employment in such class when a vacancy occurs therein before certification of persons thereto from either a promotional or entrance list therefor.
Suspension means the temporary termination of services of an employee without pay for just cause.
Temporary appointment means the appointment of an eligible person to a position or appointment to a permanent position because of a temporary vacancy caused by the regular incumbent being on leave for a period of not more than twelve (12) months.
Transfer means the reassignment of an employee from a position in one classification to another position in the same classification, or to another position in another classification that is assigned the same salary range by ordinance.
(1953 Code, ch. 10, § 3; Ord. No. 5000, §§ 1--7, 6-25-79; Ord. No. 7369, § 4, 3-12-90; Ord. No. 10057, §§ 1--6, 10-11-04; Ord. No. 10302, § 1, 8-8-06; Ord. No. 10538, §§ 1, 2, 6-3-08)