exempt employment
If employment is said to be exempt, it is meant that the employment is exempted from the civil service provisions of the City Charter. In order to receive a regular civil service appointment, employees must have successfully participated in a civil service examination, received a high enough score on the examination to be placed on and receive an appointment from an eligible list, and they must serve a probationary period. Exempt employees do not compete in a civil service examination, they are not placed on an eligible list and receive an appointment from that list, nor do they serve a probationary period. As a result, exempt employees do not have what is referred to as a “property interest” in their job. Exempt employees serve at the will of the appointing authority and can be terminated at any time without cause. Employees with a property interest in their job, i.e. civil service employees, cannot be deprived of their employment(discharged or suspended) without due process.
General Information About Exempt Employment
Exempt employees serve at the will of the appointing authority, and as such, they may be discharged, suspended or otherwise disciplined without cause. Exempt employees have no property interest in their employment, and any procedural benefit or other prerogative extended to them by their appointing authority is not intended to create and does not create any such property interest. No officer or employee of the City may make to any other officer or employee any representation of a property interest in employment which does not correspond to Charter provisions unless the City Council, by ordinance, permits such representation. No unauthorized representation can serve as the basis of an employee's reliance on, or expectation of, a property interest.
Employees Seeking To Become Civil Service Employees
There is no protective leave for an exempt employee appointed to a civil service position. Upon receiving a civil service appointment and passing probation, the former exempt employee will be subject to the Civil Service provisions described in Article X of the City Charter. Upon appointment, the civil service employee will begin to accrue displacement and layoff seniority on the first day of his/her civil service appointment and may file for promotional examinations for which s/he qualifies. A full or half-time exempt employee appointed to a full or half-time civil service position continues to: contribute to the Retirement System; accrue vacation time; accrue sick time; receive anniversary date salary increases; and, receive health and dental benefits identical to those received in the civil service position.
