Sec. 40-316. - General provisions for the authorization of limited service employment.

(a)

Whenever necessary or desirable for the expeditious transaction of the city's business, department heads may employ limited service personnel, as defined in article I, section 40-6 and as authorized by the city charter, in positions not included in the annual position allocation lists. Such limited service employment shall be offered only upon approval of the director of personnel.

(b)

Limited service employment positions shall be authorized through the annual operating budget ordinance or by any amendment thereto providing funding to the department concerned.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-317. - Limited service employment—Eligibility and qualifications for employment.

(a)

Limited service employees may be selected from classified service eligibility lists or through other reasonable means selected to assure the candidates' qualifications for employment, as determined in the discretion of the department head.

(b)

The department head or his/her designee shall be responsible for the determination of a candidate's qualifications for limited service employment, including skills, experience and training. The director of personnel, in consultation with the department head, shall establish and monitor eligibility requirements for limited service employment, as appropriate for the position.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-318. - Same—Eligibility for classified service positions.

Neither eligibility for nor employment in a limited service employment position shall affect eligibility or selection of a candidate for a position in the classified service, as provided in article II of this chapter.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-319. - Same—Maximum duration and hours of employment.

(a)

No limited service employee, except part-time employees as defined in section 40-6, shall be employed over a period longer than 180 continuous calendar days, except upon proper justification provided by the department director and with the approval of the director of personnel. No limited service employee, except part-time employees, whose employment has terminated under this provision shall be rehired, either to the same or to any other city office or position, until 90 calendar days have elapsed after the expiration of such maximum period. If a limited service employee, other than a part-time employee, has not been employed longer than 180 continuous calendar days, the employee may be hired or assigned to fill another limited service position, provided that continuous employment in all such limited service positions shall not exceed the maximum 180-day period provided herein.

(b)

No limited service employee, including part-time employees, shall be permitted to work more than 1,400 hours in a given calendar year, nor more than 35 hours in a work week, except with the approval of the director of personnel and except that part-time employees are limited to working no more than 25 hours in a seven-day work week and are not subject to the 180-day rule of section 40-319(a).

(c)

No limited service employee may be transferred from one category of limited service employment, as defined in section 40-6 of this chapter, to another category of limited service employment until and unless one year has elapsed from the date of assignment to a category of limited service employment.

(Ord. No. 04-010(sub 1), § 1, 4-15-04; Ord. No. 05-042(sub 1), § 2, 7-14-05)

Sec. 40-320. - Same—Compensation.

(a)

Except as provided herein, limited service employees shall be compensated at a base rate that is no less than the rate of pay then applicable to entry-level employees in the most comparable position(s) in the classified service, which determination shall be made in the sole discretion of the director of personnel and/or his or her designee. The director of personnel shall establish procedures for documenting the nature of limited service positions and the applicable pay rate(s).

(b)

Upon reasonable justification provided by the department head, and with the approval of the director of personnel, the compensation of limited service employees may be adjusted to a level higher than the base rate of pay then applicable to entry-level employees in the most comparable positions(s) in the classified service.

(c)

Non-allocated grant employees shall receive such compensation and under such terms as are specifically provided by the grant funding the position.

(d)

Limited service employees shall not be eligible for annual or merit adjustments to their compensation, except as provided in subsection (b) of this section.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-321. - Limited service—Benefits eligibility.

(a)

Except as specifically provided in this article, limited service employees shall not be eligible for city benefits.

(b)

Non-allocated grant employees shall receive such benefits and under such terms as are specifically provided by the grant funding the position.

(c)

Any regular, classified service employee who temporarily serves as a provisional appointee shall retain his or her benefits eligibility as though continuously employed in the classified service, as provided in section 40-139

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Sec. 40-322. - Same—Discipline, termination and grievances.

Except as specifically provided in article II, section 40-139 regarding provisional employment, limited service employees shall have no grievance rights and may be terminated from employment at any time, with or without cause.

(Ord. No. 04-010(sub 1), § 1, 4-15-04)

Secs. 40-323—40-330. - Reserved.