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in effect until superseded by a new agreement and subject to approval and <br />appropriation by City Council. The City shall not negotiate over matters <br />controlled or preempted by state or federal law, nor shall the City negotiate <br />regarding the matters set forth in subsection C, except as may be expressly <br />provided therein. <br />Collective bargaining agreement means the written legal contract between <br />the City and an exclusive bargaining agent representing the employees in a <br />bargaining unit authorized by this section and resulting from collective bargaining <br />as defined in this section. <br />Confidential employee means an employee who acts in a confidential capacity <br />with respect to an individual who formulates or effectuates management policies in the <br />field of labor-management relations or Human Resources; has access to confidential <br />City personnel files or other confidential City information (including budgetary and <br />fiscal data) subject to use by the City in the collective bargaining process or in the <br />adjustment of grievances; or assists and acts in a confidential capacity to persons who <br />formulate, determine and effectuate government policies in the area of labor- <br />management relations. <br />Employee means any employee of the City, except: <br />(1) An employee of the courts or of any officer elected <br />pursuant to article VII, section 4 of the Constitution of Virginia; <br />(2) A confidential employee, as defined in this Section; <br />(3) A managerial employee, as defined in this Section; <br />(4) A supervisor, as defined in this Section; <br />(5) A temporary or seasonal employee, as defined in this Section; <br />(6) An intern or volunteer; <br />A-3 <br />