§ 114-502. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adverse action means a disciplinary action taken for cause by a department head or designee which results in suspension without pay, demotion or dismissal of a regular, nonprobationary employee in the classified service of the city or any regular nonprobationary sworn officer of the department of police who holds the rank of lieutenant or below or any regular nonprobationary sworn officer of the department of fire who holds the rank of captain or below. It does not include actions which result from challenging the decision to implement or the scope of a reduction in force or actions resulting from insufficient funds, decrease in funds or departmental reorganization or denial of annual increase based on the employee receiving a less than effective performance evaluation. Adverse actions may be appealed to the civil service board.

Appeal means a written request by an employee for review by the civil service board of an adverse action, removal from the eligible list, procedures used in a reduction in force or unjust coercion or reprisal as provided in this article.

Appointing authority means the official, group of officials, acting official or other person designated by the proper authority having the power of appointment, employment or election to or removal from subordinate positions in the city employment service.

Board means the civil service board of the city.

Classified service means that which is referenced in 114-84.

Commissioner, unless otherwise specified, means the commissioner of human resources.

Counseling means a deliberation or discussion between employee and supervisor in which the employee's supervisor advises the employee regarding the appropriateness of work-related attitudes, behaviors, actions, conduct or performance of the employee and where necessary offers assistance or advise in correcting such.

Days, unless otherwise specified, means working days.

Demotion means a change of employment to a position in a class which has a lower maximum salary limit than the class from which the assignment was made. A reduction in pay shall not be deemed a demotion for cause if such reduction results from a demotion during a probationary period such that the employee is returned to the position held immediately prior to the promotion, a reduction in force, insufficient funds, decrease in funds, departmental reorganization or a change of appointment made in the discretion of the appointing authority as provided by this Code and shall not be appealable under this article.

Disciplinary action means an action taken for cause by a department head or designee which results in an oral admonishment, a written reprimand, demotion, suspension with or without pay or dismissal of a regular nonprobationary employee in the classified service of the city or any regular nonprobationary sworn officer of the department of police who holds the rank of lieutenant or below or any regular nonprobationary sworn officer of the department of fire who holds the rank of captain or below. Disciplinary actions include all adverse actions. Only those disciplinary actions which are adverse actions, suspension without pay, demotions or dismissals, by definition of this article, are appealable to the civil service board.

Dismissal means the discharge, termination or removal of an employee from employment with the city.

Eligible means a person who has qualified to be placed on a list or register of persons eligible for employment with the city pursuant to article IV of this chapter pertaining to civil service.

Grievance means a written request by an employee for review of an allegation which describes a work-related event or a condition of employment which the employee reasonably believes is unfair in light of the rules, regulations and standards which govern the employment relationship with the city.

Hearing officer means a member of the civil service board appointed by the mayor and confirmed by the council as provided in this article and who is designated in routine rotation sequence to hear appeals filed with the civil service board.

Hearing panel means three members of the civil service board who are designated in routine rotation sequence to hear appeals of dismissals filed with the civil service board.

Oral admonishment means a verbal discussion by a supervisor with an employee calling attention to the employee's substandard work performance or inappropriate conduct and requiring correction of the substandard work performance or inappropriate conduct within a specified timeframe.

Performance evaluation means a periodic written report approved by the appointing authority or designee relative to the work-related conduct and performance of the employee and which is issued in accordance with article IV of this chapter.

Probationary employee means any employee appointed to a regular position who has not completed the required probationary period in a given class qualifying the employee for regular employment in that class served in accordance with article IV of this chapter.

Reprimand means a written report to an employee by a supervisor calling attention to the employee's substandard work performance or inappropriate conduct and requiring correction of the substandard work performance or inappropriate conduct within a specified timeframe.

Separation means termination of the employment relationship.

Suspension means the temporary removal of an employee from a position of employment with the city with or without pay.

(Ord. No. 2007-22(06-O-2700), § 1, 3-27-07; Ord. No. 2010-34(10-O-0952), § 6, 6-30-10, eff. 7-1-10)