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(D) There shall be no discrimination against any employee or <br />applicant for employment on the basis of such person's race, color, sex, <br />religion, age, national origin, or marital status. <br />(E) In case of appointment to positions for which examinations are <br />required by law, ordinance, or administrative procedure, merit and fitness <br />may be ascertained by written, oral, physical, or other examinations, and <br />shall relate to those matters which will test fairly the capacity and <br />fitness of candidates to perform efficiently the duties of the positions <br />for which examinations are held. <br />(F) In case of appointment to regular and permanent part time <br />employee positions for which examinations are not required, the City <br />Council may appoint any person who meets the requirements listed in the <br />position classifications, whom the City Council deems qualified to perform <br />the duties of the position. Department Heads may make such appointments <br />in the case of temporary employees, subject to review of such action by <br />the City Council. <br />(G) No person shall henceforth be appointed to a position which <br />would require direct supervision of such person's relative. A person <br />shall be deemed to be a relative if such relationship is a brother, <br />sister, spouse, lineal ancestor, lineal descendant, uncle, aunt, nephew, <br />niece, first cousin, father -in -law, mother -in -law, brother -in -law, <br />sister -in -law, son -in -law, daughter -in -law, or related by marriage through <br />the relationship of a first cousin. <br />(H) Nothing in this section shall be effective to the extent it is <br />inconsistent with the "Veterans Preference Law ", State Statutes, Chapter <br />197 <br />209.050. PROMOTION. The City Council shall be responsible for <br />determining whether or not an employee possesses the necessary <br />qualifications for promotion to a particular position. Appropriate tests <br />may be given to aid in this determination, and the recommendation of the <br />Department Head will also be considered. Length of full time employment <br />with the City will be considered in promotions only when all other <br />qualifications are equal. <br />209.060. APPLICATIONS FOR EMPLOYMENT AND PUBLICATION OF NOTICE. <br />Applications for regular or permanent part time employment shall be filed <br />with the office of the City Clerk for all regular and permanent part time <br />employee job vacancies. Notice of all such vacancies shall be posted at <br />City Hall for ten (10) days, and shall be published once in the legal <br />newspaper at least ten (10) days prior to filling the vacancy. The City <br />Clerk may decline to accept applications which are filed at a time when no <br />job vacancies exist. The City Clerk is not required to accept <br />applications for temporary employment. <br />209.070. PROBATIONARY PERIOD. <br />(A) The probationary period shall be regarded an integral part of <br />the terms and conditions of employment. It is defined as a period of time <br />of active employment of a regular or permanent part time employee during <br />Page 24 <br />PAGE 60 <br />