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4, - • 2.11 "Eligible": A person whose name is on an employment list which has been approved by the City Manager. 2.12 "Eligible List": A list; approved by the City Manager, of names of persons who have successfully completed an examination - which may include written, oral, practical and/or interview components -. for a given classification in the competitive service, and are ranked on the list in the order of the score received. 2.13 "Employee": Any person hired to work for the Town at a regular salary in a position the duties of which are subject to direct supervision and control by.or in behalf of the City Manager. Independent contractors,and members of Town Committees and Commissions, whether or not compensated, shall not be deemed to be employees within the meaning of these Rules. 2.14 "Examination": • 2.14.1 Open examination: Open to all persons meeting the minimum qualifications established by the City Manager. . 2.14.2 Promotional examination: Limited to regular and introductory employees in the competitiveservice who meet the minimum qualifications established by the City Manager. 2.15 "Exempt Employee": An exempt employee shall be defined, for compensation purposes, as an employee who is exempt from overtime compensation pursuant to the federal Fair Labor Standards.Act. These employees hold their positions at the will of the Town Council and/or. City Manager. . 2.16 "Gross Misconduct": Gross or egregious misconduct, including but not limited to conduct such as assault, battery, discrimination, harassment, 'fraud, theft, embezzlement, and other conduct prejudicial to the public welfare and the functioning ofthe employee's department or Town. 2.17 "Hourly Employee": An employee who-is subject to the overtime requirements of the Fair Labor Standards Act (r'LSA) and whose compensation is based:on an hourly rate. 2.18 "Introductory Period": A working test period during which an employee is required to demonstrate fitness for the duties to which the employee is appointed by actual performance of the duties of the position. 2.19 "Non-Exempt Employee": A non-exempt employee shall be defined, for compensation purposes, as an employee who is not exempt from overtime compensation pursuant to the federal Fair Labor Standards Act. Personnel Policy Manual 3, 02/07/2002