§ 106.405. Limitation of full-time positions.

No person employed by the City or by an independent agency may fill more than a total of one full-time position, nor receive compensation simultaneously from more than one appropriation or from more than one City or independent agency unless approved by the Director of Employee Services Department. No person may receive compensation in excess of the amount fixed by law, collective bargaining agreement or pay plan for the position or class of positions to which the position filled by that person is classified. No more than one full-time officer or employee may be employed in each authorized position, except that, with respect to officials appointed by the Mayor or by the Sheriff and confirmed by the Council, if the incumbent of the position is leaving the employ of the City and remains on the payroll solely in order to use available leave (including the retirement leave account) accrued under a plan previously adopted by the Council or contained in an effective collective bargaining agreement:

(a)

The position shall be considered to have been vacated on the day on which the appointed official who is leaving the employ of the City begins using his available leave and the appointing authority may appoint a successor on that day or at any time thereafter, in accordance with Section 20.103 or Section 37.114, as the case may be.

(b)

When a successor is confirmed by the Council, his predecessor being still employed by the City under this provision, he shall be exclusively entitled to assume and exercise all the powers and duties of the office prescribed by law, unless otherwise directed by the Mayor.

(c)

For as long as an appointed official is carried on the payroll under the terms of this provision, both the incumbent appointed official and his successor may each be employed in the position as full-time employees.

(d)

Payment of persons appointed to positions as provided in this provision shall be from funds available to the department concerned or the Office of the Sheriff, as the case may be.

(Ord. 82-287-92, § 1; Ord. 83-591-400, § 1; Ord. 2011-732-E)

Note— Former § 126.405.