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(1) There shall be an unclassified civil service consisting of all employees of the City, except for the following:

(a) Newly hired employees during the period of their initial probation;

(b) Part-time, seasonal or temporary employees;

(c) Contract employees;

(d) The head of a department;

(e) Employees covered by the classified civil service;

(f) Secretarial or administrative support positions specifically designated to assist an elected official;

(g) Personal staff of the Mayor who work in the main office of the Mayor;

(h) Council Office employees;

(i) Any employee who has acknowledged in writing that their employment status is appointed or at-will; and

(j) Any appointed employee, provided the appointment is made in writing and the position is identified as being exempt from unclassified civil service protection in ordinance and in the position’s written classification specification, including, but not limited to, the Chief Administrative Officer and the Deputy Mayor.

(2) Administrative department heads shall be appointed by the Mayor, with the advice and consent of the Municipal Council. If any department head is removed from their position within two (2) years of retirement, a position for other employment within the City will be offered to enable them to be eligible for earned retirement benefits, unless that removal is based on a violation of law by the department head.

(3) The following positions within Provo City are hereby declared to be administrative department heads and exempt from unclassified civil service: Police Chief, Fire Chief, City Attorney, Director of Public Works, Director of Administrative Services, Director of Energy, Director of Library Services, Director of Parks and Recreation, Director of Customer Service, and the Director of Development Services. The Council Executive Director position is a department head of a nonadministrative department and is also exempt from unclassified civil service. At the discretion of the Mayor and with the advice and consent of the Municipal Council, one (1) person may be appointed to hold two (2) or more department head responsibilities; and the department head shall be compensated at the rate applicable to the highest paid department head position over which the person is placed in charge.

(4) The City Administration shall establish rules and regulations for the administration of the unclassified civil service.

(Rep&ReEn 2019-47, Am 2022-17)