§ 2-25.4 - Definitions.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTIVE MILITARY SERVICE. Active duty in the Florida defense force or federal service with any branch of the United States Army, Navy, Marine Corps, Air Force, or Coast Guard. The period of active military service shall commence with the date of entering upon active military service, and shall terminate with death, or a date 30 days immediately next succeeding the date of release or discharge from active military service, or upon return from active military service, whichever shall occur first. Active military service shall include the period during which a person in military service is absent from duty on account of illness, wounds, leave, or other lawful cause.
ADMINISTRATIVE LEAVE. Voluntary or involuntary paid leave which is not accrued and shall not cause the employee to exceed their normal number of hours in the employee's regular work day or work week.
ANNIVERSARY DATE. The calendar date each year which is the same as the month and day of an employee's initial date of employment. Re-employment after a break in service shall result in a new anniversary date.
BREAK IN SERVICE. An interruption in continuity of employment by the city following a legal termination of such employment. Reductions in force for periods of less than 15 months shall not constitute a break in service.
CITY. The City of Cape Coral, Florida.
CLASSIFICATION. The occupational title assigned to a position or group of similar positions based on a common position evaluation.
CLASSIFICATION PLAN. A plan for the classification of all city employment positions which includes, but is not limited to, the official list of classifications, the assigned pay grade for each classification, the specification for each classification, the arrangement of classifications into occupational series (if appropriate), and the general salary schedule.
COLLECTIVE BARGAINING UNIT. Any one of the city's employee organizations which is approved by the Public Employees Relations Commission and with which the City engages in collective bargaining pursuant to F.S. Chapter 447.
CONDITIONAL PROBATIONARY PERIOD. Normally, a period of six months of conditional probation, immediately following promotion. This period may be extended for an additional period of up to six months. Such period of employment does not affect the employee's rights as a regular employee, including the right to appeal disciplinary action.
CONTRACT WORKER. A person who has a written contract for employment with the city to perform specific duties for a specified period of time.
DATE OF EMPLOYMENT. The date on which an employee begins active employment with the city.
DEMOTION. The voluntary or involuntary movement of an employee into a classification having a lower pay grade than the employee's previous classification. The term does not include the reclassification of a position or the reallocation of a classification.
DEPARTMENT HEAD. The director of each city department established pursuant to the City Code and Charter.
DIRECTOR. The Human Resources Director.
DISCIPLINE. An oral reprimand, written reprimand, suspension without pay, dismissal, or demotion of an employee.
DISMISSAL. An involuntary separation from employment, except by expiration of term, suspension or retirement.
ELIGIBLE APPLICANT. A job applicant who meets the minimum qualifications for appointment to a position with the city.
EMPLOYMENT ANNOUNCEMENT. The notice used to publish a position to be filled.
EXAMINATION. Any device, including, but not limited to, evaluation of education and experience, oral interview, assessment center, performance test or written examination, which is used to evaluate the relevant qualifications of an applicant for a position.
FINAL ELIGIBILITY LIST. A roster of applicants from the initial eligibility list who have been evaluated and found to be the most qualified for the position to be filled.
FISCAL YEAR. The period of time which begins on October 1 of each year and continues through September 30 of the following year.
FULL TIME EMPLOYMENT. A work week regularly consisting of 40 hours of work.
GENDER EXPRESSION. All of the external characteristics and behaviors that are socially defined as either masculine or feminine, such as dress, grooming, mannerisms, speech patterns and social interactions. Social or cultural norms can vary widely and some characteristics that may be accepted as masculine, feminine or neutral in one culture may not be assessed similarly in another.
GENDER IDENTITY. An individual's innate, deeply felt psychological identification as a man, woman or some other gender, which may or may not correspond to the sex assigned to them at birth (e.g., the sex listed on their birth certificate).
GENERAL SALARY SCHEDULE. A hierarchical series of pay grades, and the wage or salary range of each pay grade.
GRIEVANCE. The dissatisfaction that occurs when an employee thinks or feels that any condition affecting the employee is unjust, inequitable, or a hindrance to effective operation, provided that dissatisfaction with performance evaluations shall not be considered grievances unless it is alleged that the evaluation is based on factors other than the employee's performance. GRIEVANCES shall not include complaints related to disciplinary actions other than reprimands.
GRIEVANCE COMMITTEE. A group of five members impaneled to hear employee grievances.
IMMEDIATE FAMILY. The spouse, children (including step children), mother, father, sister, brother, grandmother, grandfather, and stepparent of an employee or an employee's spouse.
INITIAL ELIGIBILITY LIST. A roster of all of the applicants who meet or exceed the minimum qualifications and competencies for an announced position.
INITIAL PROBATIONARY PERIOD. A period of probational employment, in the same position, immediately following the original date of employment by the city, or following a break in service. During this period the employee may be disciplined or dismissed without a right of appeal.
LATERAL TRANSFER. The movement of an employee from one position to another position having the same pay grade and the same degree of responsibility. LATERAL TRANSFERS may be within the same department or from one department to another.
LEGAL HOLIDAY. Those holidays specified in § 2-35.4.
PAY GRADE. One of the hierarchical steps on the general salary schedule, including a minimum, mid-point and maximum, that define the wage or salary range for that step.
POSITION. A grouping of duties and responsibilities to be performed by an individual.
PROBATIONARY EMPLOYEE. A person who occupies a position in a classification included in the city's classification plan who has not yet successfully completed his or her probationary period.
PROMOTION. The competitive movement of an employee into a classification having a higher pay grade than the employee's previous classification. The term does not include the reclassification of a position or the reallocation of a classification.
RATE OF PAY. An employee's wage or salary, whichever is appropriate to an employee's status under the Fair Labor Standards Act (29 U.S.C. §§ 201—219).
REALLOCATION. The movement of a classification to a higher or lower pay grade based on an assessment of market conditions affecting the attraction, hiring and retention of employees in that classification.
RECLASSIFICATION. The non-competitive movement of an employee to a classification in the same or a different (higher or lower) pay grade due to a material change in that employee's job duties and responsibilities.
REDUCTION IN FORCE (LAYOFF). The involuntary separation, through no fault of the employee (as by reason of lack of work, lack of funds, changes in organization, or similar causes) and without adverse effect on the employee's eligibility for further employment.
REGULAR EMPLOYEE. An employee who has successfully completed the initial probationary period.
RE-HIRE. The re-engagement of a person for labor or personal services in return for a wage or salary. Persons who are re-hired are considered to be newly-hired for all purposes of this article.
RELOCATION EXPENSES; REIMBURSABLE. Those reasonable costs incurred by a newly hired or re-hired employee, as more particularly set forth in Division 13 below, who is relocating to Lee County from a distance of greater than 50 miles away, to commence employment with the City of Cape Coral. These expenses are contemplated to include the transporting of normal and customary household goods and personal effects, packing/unpacking, loading/unloading, incidental moving supplies, and reasonable insurance charges. Relocation expenses, which are not reimbursable include, but are not limited to, moving of airplanes, animals, and boats; special insurance for antiques, coin/stamp collections, paintings, and similar items of high intrinsic value; intermediate kennel and/or veterinary charges; and storage costs of household goods. Reimbursement of relocation expenses is limited to the actual costs of allowable expenses supported by original invoices or a maximum of $5,000, whichever is less. Mileage and tolls shall be reimbursed for no more than two personal vehicles, traveling the most direct route between the previous residence and the new residence (at the prevailing rate paid by the city pursuant to the administrative regulations) or in exceptional cases, the cost of the most economical airfare available for each member of the immediate family. Payment shall also be made for costs associated with meals and lodging, during the travel process, upon submission of receipts, in an amount not to exceed $200 per day, for a maximum of seven days. In addition, payment shall also be made for temporary living expenses for a maximum of 14 days, in an amount not to exceed $200 per day, once the travel process is complete. Temporary living expenses include hotel or motel accommodations and meals, if the hotel or motel does not have kitchen facilities for the preparation of meals. All relocation reimbursements will be reported on the employee's IRS Form W-2.
RESIGNATION. The voluntary termination of employment by an employee.
SENIORITY. Preferential position which is based on length of continuous employment with the city and which is one of the criteria applied in determining order of layoff.
SEXUAL ORIENTATION. An individual's actual or perceived heterosexuality, homosexuality, or bisexuality.
SPECIFICATION. The written description of a classification. A specification shall contain:
(1) A description of the scope of assigned duties and responsibilities for the classification;
(2) A description of superior and subordinate, if any, relationships;
(3) Examples of duties and responsibilities normally assigned;
(4) The minimum qualifications required of the classification (including the education, experience, knowledge, skills and abilities required of the classification); and
(5) The date of the specification's creation or last review.
SUSPENSION. Involuntary separation from employment without pay during a limited period of time for disciplinary purposes.
TRANSFER. The voluntary or involuntary movement of an employee from one position to another in the same classification within the city department to which he or she is assigned.
WORKING DAYS. When computing any time periods under this article, the term "working days" shall not include Saturdays, Sundays, or legal holidays.
(Ord. 89-20, § 1, 11-2-2020) (Ord. 89-20, § 1, 11-2-2020) (Ord. 26-21, § 1, 4-7-2021) (Ord. 89-20, § 1, 11-2-2020) (Ord. 76-13, 2-24-2014; Ord. 4-17, § 1, 1-23-2017)
