Sec. 4.42. Definitions of Terms.
The words and terms defined in this section shall have the following meanings in this chapter and in any other chapter or ordinance classifying and fixing the salaries and compensation or authorizing employment of personnel in any department, bureau or office of the City of Los Angeles:
(a) “Charter” when used alone means the City Charter of the City of Los Angeles.
(b) “Council” when used alone means the City Council of the City of Los Angeles.
(c) “City Service” or “Service of the City” means all positions in all departments, bureaus and offices as herein defined, that are subject to control and regulation by the City Council of the City of Los Angeles.
(d) “Department” means any department, bureau or office of the government of the City of Los Angeles, except those departments, which under the Charter, have control of their own definite revenues or funds.
(e) “Classified Service” means all positions in the City service except those specifically placed in the exempt service as provided in the Charter.
(f) “Exempt Service” means all positions in the City service not subject to the Civil Service provisions requiring competitive tests of fitness for appointment and such other provisions, as by their terms, apply specifically to competitive positions alone. All such positions, however, shall be subject to all the provisions of this chapter insofar as consistent with the Charter.
(g) “Series” means one or more occupational or family groups having classes of positions with duties substantially similar in nature and character, such classes being placed in the respective groups to aid in the process of classification, in determining and fixing compensation and in administering the City classification and compensation plan.
(h) “Group” means a major subdivision of a series including one or more classes of positions in an associated craft, occupation, profession or functional activity.
(i) “Class” or “Class of Positions” means a definitely recognized kind of employment in the City service designed to embrace all positions sufficiently similar in respect to the duties and responsibilities therefor in which:
(a) the same requirements as to education, experience, knowledge and ability are demanded of incumbents;
(b) the same tests of fitness may be used in choosing qualified appointees;
(c) the same schedule of compensation may be made to apply with equity.
(j) “Title,” “Class Title” or “Title of Class” means the designation given or name applied by the Board of Civil Service Commissioners to a class or to each position allocated to a class and to the legally appointed incumbent of each position allocated to the class. Its meaning is set forth in the corresponding general duties statement and the class specification, and it is always to be used and understood in that sense, even though it may previously have had a broader, narrower or different significance.
(k) “Position” means any office or place of employment or two or more of such offices or places of employments, the duties of which call for services to be rendered by one person.
(l) “Employee” means a person legally occupying a position in the City service.
(m) “Allocation” means the official determination of the class in which a position shall be deemed to exist and the assignment of an individual position to an appropriate class.
(n) “Reallocation” means a reassignment or change in allocation, of an individual position by raising it to a higher class, reducing it to a lower class, or moving it to another class at the same level on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position.
(o) “Classification Plan” means an orderly arrangement of positions under separate and distinct classes so that each class will contain all those positions which are sufficiently similar in respect to the duties and responsibilities to meet the requirements of Section 1003 of the Charter, such Classification Plan being established by the Board of Civil Service Commissioners as reflected in Schedule “A” of Section 4.61 of this Code.
(p) “Compensation Plan” means the salaries established by ordinance for the several classes of positions recognized in the Classification Plan, so that all positions of a given class or pay grade will be paid the same salary or according to the same salary range established for the class or pay grade.
(q) “Compensation” means the salary, wage, allowances, and all other forms of valuable consideration, earned by or paid to any employee by reason of service in any position, but does not include any allowances for expenses authorized and incurred as incidents to employment.
(r) “Appointing Authority” means any person or group of persons, including any Board, Commission, General Manager, or other officer having the power by law or ordinance, to make an appointment to any position in a specified department of the City of Los Angeles.
(s) “Department Personnel Ordinance” means the ordinance or ordinances passed by the City Council authorizing the employment of a specified number of personnel in each class and setting up the class codes and titles applicable therefor in the respective departments, bureaus and offices of the City, such classes, class codes and titles being named and listed in the salary standardization ordinance.
(t) “Continuous Service” means service without break or interruption during which the employee has been employed by the City. In computing continuous service for the purpose of this chapter, neither military leaves nor leaves of absence on account of illness, whether with or without pay, shall be construed as a break or interruption of service. Other absences or suspensions, aggregating in excess of ninety (90) days in any period of twelve (12) months, including layoffs on account of lack of work, lack of funds, or abolishment of positions, shall be construed as breaking “continuous service.” For purposes of determining eligibility for military leave with pay as provided in Sections 4.123 and 4.175 of this Code, service in the recognized military service prior to employment with the City shall be counted as “continuous service”.
(u) “War Duration Personnel” means any employee filling temporary positions authorized by the Council for a period not to extend beyond the date on which hostilities in any war shall have cased as fixed either by proclamation of the President of the United States or by concurrent resolution of the two houses of Congress of The United States and six (6) months thereafter.
(v) “Military Leave Positions” when used in this chapter and in the department personnel ordinance, means those positions from which any employees are absent on military leave pursuant to provisions of Section 1023 of the City Charter.
(w) “Schedule A” when used in this chapter means the Salary Classification Plan for all positions for all departments in City service except firefighters and police officers.
(x) “FLSA” means the Fair Labor Standards Act;
(y) “FLSA Non-Exempt Employee” means an employee who is covered by the overtime provisions of the Fair Labor Standards Act;
(z) “FLSA Exempt or Salaried Employee” means an employee who is not covered by the FLSA overtime provisions as determined by the General Manager of the Personnel Department;
(aa) “FLSA Excluded Employees” means an employee who is not subject to any FLSA provisions as determined by the General Manager of the Personnel Department;
(bb) “FLSA Overtime” means hours worked in excess of 40 hours in a workweek or in excess of any other standard defined by the FLSA, by a FLSA Non-Exempt Employee;
(cc) “Non-FLSA Overtime” means any hours credited towards overtime pursuant to the Los Angeles Administrative Code which is in excess of FLSA overtime;
(dd) “Workweek” means a recurring period of seven consecutive days (168 hours);
(ee) “Hours Worked” means any hours that an employee is required or permitted to be working by the employee’s chief administrative officer of the department or a supervisor delegated the responsibility by such officer;
(ff) “Compensatory Time Off” means accumulated hours for overtime worked.
SECTION HISTORY
Based on Ord. No. 89,100.
Amended by: Subsec. (s), Ord. No. 117,872; Subsec. (t), Ord. No. 145,801, Eff. 5-1-74; Subsec. (p), Ord. No. 148,563, Eff. 7-12-76, Oper. 7-4-76; Ord. No. 173,308, Eff. 6-30-00, Oper. 7-1-00; Subsecs. (x) - (ff) added, Ord. No. 175,048, Eff. 1-23-03; Subsecs. (o) and (w), Ord. No. 185,366, Eff. 12-27-17.
