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(C) Tenure of employees covered by this ordinance shall <br />be based on the satisfactory performance of work and the <br />availability of funds. <br />(D) There shall be no discrimination against any employee <br />or applicant for employment on the basis of such person's race, <br />color, sex, religion, age, national origin, or marital status. <br />(E) In case of appointment to positions for which <br />examinations are required by law, ordinance, or administrative <br />procedure, merit and fitness may be ascertained by written, oral, <br />physical, or other examinations, and shall relate to those matters <br />which will test fairly the capacity and fitness of candidates to <br />perform efficiently the duties of the positions for which <br />examinations are held. <br />(F) In case of appointment to regular and permanent part <br />time employee positions for which examinations are not required, <br />the City Council may appoint any person who meets the requirements <br />listed in the position classifications, whom the City Council deems <br />qualified to perform the duties of the position. Department Heads <br />may make such appointments in the case of temporary employees, <br />subject to review of such action by the City Council. <br />(G) No person shall henceforth be appointed to a position <br />which would require direct supervision of such person's relative. <br />A person shall be deemed to be a relative if such relationship is a <br />brother, sister, spouse, lineal ancestor, lineal descendant, uncle, <br />aunt, nephew, niece, first cousin, father -in -law, mother -in -law, <br />brother -in -law, sister -in -law, son -in -law, daughter -in -law, or <br />related by marriage through the relationship of a first cousin. <br />(H) Nothing in this section shall be effective to the <br />extent it is inconsistent with the "Veterans Preference Law ", State <br />Statutes, Chapter 197. <br />209.050. PROMOTION. The City Council shall be <br />responsible for determining whether or not an employee possesses <br />the necessary qualifications for promotion to a particular <br />position. Appropriate tests may be given to aid in this <br />determination, and the recommendation of the Department Head will <br />also be considered. Length of full time employment with the City <br />will be considered in promotions only when all other qualifications <br />are equal. <br />209.060. APPLICATIONS FOR EMPLOYMENT AND PUBLICATION OF <br />NOTICE. Applications for regular or permanent part time employment <br />shall be filed with the office of the City Clerk for all regular <br />and permanent part time employee job vacancies. Notice of all such <br />vacancies shall be posted at City Hall for ten (10) days, and shall <br />be published once in the legal newspaper at least ten (10) days <br />prior to filling the vacancy. The City Clerk may decline to accept <br />applications which are filed at a time when no job vacancies <br />exist. The City Clerk is not required to accept applications for <br />temporary employment. <br />Page 30 <br />Page 27 <br />