§ 2.41.010. Employment status.

(1)

(a)

Except as provided in subsection (1)(b) or (2), each employee of a municipality shall hold employment without limitation of time, being subject to discharge, suspension of over two days without pay, or involuntary transfer to a position with less remuneration only as provided in Section 10-3-1106.

(b)

Subsection (1)(a) does not apply to an employee who is discharged or involuntarily transferred to a position with less remuneration if the discharge or involuntary transfer is the result of a layoff or reorganization.

(2)

Subsection (1)(a) does not apply to:

(a)

Subject to subsection (3), a person appointed by the mayor, city manager, or other person or body with the power to appoint in the municipality if:

(i)

The appointment is made in writing;

(ii)

The person's written job description identifies the person's position as exempt from the protections described in subsection (1)(a); and

(iii)

The position is described in an ordinance as exempt from the protections described in subsection (1)(a);

(b)

A member of the municipality's police department or fire department who is a member of the classified civil service in a first or second class city;

(c)

A person who holds a position described in subsections (2)(c)(i) through (xii) or an equivalent position designated in a municipal ordinance or personnel policy:

(i)

A police chief of the municipality;

(ii)

A deputy or assistant police chief of the municipality;

(iii)

A fire chief of the municipality;

(iv)

A deputy or assistant fire chief of the municipality;

(v)

A head of a municipal department or division;

(vi)

A deputy of a head of a municipal department or division;

(vii)

A superintendent;

(viii)

A probationary employee of the municipality;

(ix)

A part-time employee of the municipality, including paid call firefighters;

(x)

A seasonal or temporary employee of the municipality;

(xi)

A person who works in the office of an elected official; or

(xii)

A secretarial or administrative assistant support position that is specifically designated as a position to assist an elected official or the head or deputy head of a municipal department;

(d)

An individual appointed to a position under Part 9, Appointed Officials and Their Duties, including:

(i)

The city engineer;

(ii)

The city recorder;

(iii)

The city treasurer; or

(iv)

The city attorney; or

(e)

An employee who has:

(i)

Acknowledged in writing that the employee's employment status is appointed or at-will; or

(ii)

Voluntarily waived the procedures required by Section 10- 3-1106.

(3)

In addition to the persons described in subsections (2)(b) through (e), a municipality may appoint up to five percent of the municipality's workforce in accordance with subsection (2)(a).

(4)

Nothing in this section or Section 10-3-1106 may be construed to limit a municipality's ability to define cause for an employee termination or reduction in force.

(Ord. No. 2017-02-05 , § 2, 2-14-2017)