§ 6.02. Classified and nonclassified service.

All offices and positions of the city shall either be in the nonclassified service or in the classified service. The city manager and deputy city manager, city attorney and deputy city attorney, city clerk and city auditor shall be appointed by resolution of the city commission. Assistant city attorneys shall be appointed by the city attorney. Commission assistants shall be appointed by the City Commission. Assistant city clerks shall be appointed by the city clerk and assistant city auditors shall be appointed by the city auditor. All other nonclassified personnel shall be appointed by the city manager, who shall be empowered to execute employment contracts with such employees. The duration of such employment contracts shall not exceed two (2) years, and the pay provisions shall be in conformance with the salary range established in the city's pay ordinance. All positions in the classified service shall be filled in accordance with personnel rules and regulations; provided, however, that all positions in the classified service which, once filled, are subject to the provisions of any collective bargaining agreement shall be exempt from the applicability of such personnel rules and regulations. Positions in the nonclassified service shall be filled on the basis of relative ability, knowledge and skill. Such employees shall be entitled to fair and equitable compensation, with incentives and recognition for excellent performance. The nonclassified service shall include the following positions and levels:

(a)

The city manager and/or acting city manager.

(b)

Deputy city manager and deputy city attorney.

(c)

Assistant city managers.

(d)

Administrative assistants to the city manager.

(e)

The city attorney and assistant city attorneys.

(f)

All management category I positions.

(g)

City clerk and assistant city clerks.

(h)

Commission assistants.

(i)

City auditor and assistant city auditors.

Nonclassified personnel may not be assigned the duties of a vacant classified position except in accordance with personnel rules and regulations.

The classified service shall include all positions in the city's service, except those specifically placed in the nonclassified service. All persons in the classified service shall be subject to the civil service rules and regulations; provided, however, that regular employees in the classified service who are subject to a collective bargaining agreement shall not be subject to civil service rules and regulations.

(Ord. No. C-96-50, § 1, 9-17-96; Ord. No. C-04-38, § 1, 7-26-04 ; Ord. No. C-08-25, § 2, 6-17-08/11-4-08)