Fayette Definitions ordinance (§ 125.170)

As used in this Article, the following terms shall have these prescribed meanings:

ADMINISTRATIVE/EXEMPT EMPLOYEE: An employee of the City (as covered in the FLSA) who is not eligible to receive overtime or compensatory time compensation. An employee of the City meeting the tests and requirements of the Fair Labor Standards Act who is not eligible to receive overtime or compensatory time compensation.

APPEAL: Any employee not specifically excluded in this Chapter who is terminated, demoted, suspended, or placed on disciplinary probation, shall have the right of appeal to the Board of Aldermen.

APPLICATION PROCESS: Refers to the process by which a prospective new employee seeks City employment.

APPOINTMENT: The designation to a position in the employment of the City of a person from an appropriate list of eligible persons based on review of applications by the Board of Aldermen.

AT WILL EMPLOYMENT: A term applicable to all City employees. It means employment may be terminated by the City or by the employee at any time.

BOARD OF ALDERMEN: This term refers both to the elected members of this legislative group and to the elected Mayor.

CLASSIFICATION/JOB DESCRIPTION: A written statement of the characteristic duties, responsibilities and qualifications requirements that distinguishes a specific job class from other job classes.

COMPENSATORY TIME: Time off awarded an employee, at the employer's convenience, to compensate for any hours worked beyond the maximum specified work period and where compensatory time off or overtime wages are due under the Fair Labor Standards Act (FLSA).

DEMOTION: The movement of an employee from a position in one class to a position in the same or another class having a lower maximum salary rate because of disciplinary reasons, incapacity to perform the work, inefficiency or unsatisfactory work performance. Demotion shall also include the reduction of salary or pay scale of an employee for disciplinary reasons.

DEPARTMENT: Any of the departments in the municipal government as they now exist or as hereafter established in the City of Fayette, Missouri.

DEPARTMENT HEAD/SUPERINTENDENT: The officially appointed head of any department, or the officially appointed acting head of any department, or the assistant head of any department when acting as Department Head due to the absence from duty of the Department Head and/or Superintendent.

DISMISSAL: Employee separation from work duties and compensation that is initiated and carried out by the employer (City of Fayette).

ELECTED OFFICIAL: This term refers to any person who by virtue of having been elected by the residents of the City is responsible for a given component of the City's governance.

ELIGIBLE: A person whose name is on a current eligibility list and who under this Chapter may be appointed to fill a particular vacancy in a department after the Board of Aldermen has authorized the filling of such vacancy.

EMPLOYEE: Refers to those paid full or part-time staff members of the City who work either on a salaried or on an hourly basis and who are not elected by the electorate of the City.

EMPLOYER: Refers to either the City (collectively) or to the Board of Aldermen and/or the appropriate Department Head who provides day-to-day guidance to employees.

EXEMPT EMPLOYEES: Refers to employees who by the nature of their employment are not eligible to receive overtime or compensatory time but who, instead, are construed to be "administrative employees." See "administrative employees" for definition. Elected City officials who also work for the City on a compensation basis as part of their duties are also exempt.

FLSA: Refers to "Fair Labor Standards Act" of the Federal government and is referenced in the Department of Labor's Wage and Hour Division — Employment Standards Administration (29 CFR part 553).

GENERAL DEPARTMENTAL ORDER: A written request and/or requirement issued by the appropriate Department Head/Superintendent who carries routine administrative responsibility, sometimes dictated by City ordinance, for the proper functioning of the department.

HE, HIS, HIM: In some places in this Chapter the term "he" may be used to denote either male or female gender. Whenever possible the term he/she shall be used to avoid confusion. The term Board of Aldermen shall also be construed as to be gender neutral.

IMMEDIATE FAMILY: This term is used to designate those persons who have a close relationship to an employee for purposes of specific leaves that reference immediate family members. The immediate family members will include an employee's spouse, child, stepchild, mother, father, stepmother, stepfather, sister, brother, mother-in-law, father-in-law, grandchild or grandparent.

INTRODUCTORY (PROBATIONARY) PERIOD: A period one hundred eighty (180) days, wherein determinations are made by the employer and the employee regarding a mutual "fit" between the employer and the employee and the likelihood of continued satisfactory job performance.

JOB ELIMINATION: The process by which the Board of Aldermen may choose to eliminate or discontinue a job position within the City.

LAYOFF: The Board of Aldermen is responsible for balancing the budget and, if necessary, shall choose the most democratic process possible in dismissing (by layoff) those least veteran City employees necessary for balancing the budget should that ever become necessary.

LEAVE OF ABSENCE WITH PAY: Refers to the time at which an employee can be away from work but without a reduction in pay. An example is for prolonged jury duty.

LEAVES OF ABSENCE WITHOUT PAY: Refers to time away from work, approved by the proper authority, for which the employee is not paid his/her regular wage/salary but who continues to remain in "good stead" as an employee of the City. For example, the City Administrator or Public Works Director and the Board of Aldermen may elect to release an employee from meeting regular work duties to receive specialized schooling.

MATERNITY/PATERNITY LEAVE: Time designated to prepare for and/or to deliver and care for a child, by birth, or adoption.

NON-DISCRIMINATION: A concept or philosophy of the City demonstrating a commitment to employ individuals based on meritorious factors without regard to race, color, creed, age, gender, or physical disability.

ORDINANCE: A rule or order enacted by the Board of Aldermen.

OVERTIME COMPENSATION: Time for which the rate of pay is multiplied by a factor of one and one-half (1/2) because it exceeds a forty-hour workweek or for emergency service personnel (Police Officers) a 171-hour time period in a twenty-eight-day period or compensatory time calculated at a rate of one and one-half (1 1/2) times the hours worked.

PART-TIME EMPLOYEE: Any employee of the City who works on an annual basis an average of fewer than twenty-five (25) hours per week.

PAY PERIOD: The time frame designated by the Board of Aldermen for which an employee shall be paid for work performed.

PERSONNEL FILES: Papers and documents relevant to an employee that are kept by the City Clerk. These files are held confidentially and accessed based on a legitimate "need to know" factor.

POLICY: A general statement of philosophy that acts as a governing benchmark for the management of the City. It may or may not represent an ordinance.

PROCEDURE: A written series of administrative instructions for the proper conduct of a function.

PROMOTION: The movement of an employee from a position of one classification to a position of another classification having a higher maximum salary rate.

REGULAR EMPLOYEE: An employee who has been designated to a full-time and regular position in the service of the City.

RESIGNATION: Voluntary employee separation from work duties and compensation.

SALARY/WAGE SCHEDULE: Refers to a tabular organization of compensation rates paid employees.

SALARY/WAGES: The level of compensation paid an employee. The terms as used in this system are synonymous.

SEASONAL OR FLUCTUATING WORKLOAD: The time, not an emergency, whenever employees are needed to meet the upward peak of work required of certain offices or departments within the City. The definition and determination of what constitutes a "seasonal" workload is at the discretion of the Department Head/Superintendent and/or the Board of Aldermen.

SUPERVISOR: Refers to an employee who has routine supervisory authority for day-to-day operations of the departmental activities.

VACATION TIME: Time earned, based on a specified schedule, for employees to take time off, with pay, for personal use.

VOLUNTEER: Refers to an individual's work with the City for which he/she does not receive compensation or employee benefits other than expenses or a nominal stipend (e.g., volunteer firefighters). Such an individual is not considered an employee and is not covered by the standards and requirements of the FLSA.

WORK PERIOD: A period of time consisting of forty (40) hours per week except for emergency service personnel. Emergency service personnel are subject to a work period of one hundred seventy-one (171) hours within twenty-eight (28) consecutive days for law enforcement.

WORKWEEK: A period of time beginning at 4:31 P.M. on Friday of each week, and ending at 4:30 P.M. on the following Friday.