CHAPTER 4 SEPARATION FROM EXECUTIVE SERVICE

Chapter 4
SEPARATION FROM EXECUTIVE SERVICE

Article 2 Resignation, Suspension, Discharge and Removal.

10000 Purpose.

This Chapter provides for a portion of the implementing rules and standards pertaining to the organization, maintenance, modification, and administration of the Executive service.

Specific Authority: Chap. 2.72 MMC; Resolution No. 2014-06

History: New 1/2014.

10001 Definitions.

(a) "Day" means calendar day, unless otherwise clearly indicated.

(b) "Separation" means resignation, retirement, discharge, or removal from an occupied position, or abolishment or elimination of funding for such occupied position in the Executive service.

10002

Nothing in this Chapter shall authorize or permit the City Council to suspend, discharge, discipline or remove any employee in the Executive service.

Article 2. RESIGNATION, SUSPENSION, DISCHARGE AND REMOVAL

10015 Notice of Resignation Required.

No employee in the Executive service shall vacate or resign his position, except upon Ninety (90) days advance written notice delivered to the City Manager.

(a) The City Manager may waive all or part of the advance notice requirement.

10016 At-Will Employment.

All employees in the Executive service serve at the will and pleasure of the City Manager, who shall have sole authority for taking actions involving suspension, discharge or removal of such employees.

10017 Notice of Discharge or Removal Required.

No employee in the Executive service who is subject to discharge or removal by the City Manager shall be discharged or removed except upon Ninety (90) days’ prior written notice signed by the City Manager and served upon such employee by personal delivery or mailed to the employee’s home at the most recent address on file with the city.

10018 Immediate Relief from Duty.

Notwithstanding any provision of this Article to the contrary, the City Manager may immediately relieve any discharged or removed employee in the Executive service from his duties and responsibilities, provided notice of such action is included in the notice required by Section 10017.

10019 Continuation of Compensation.

Any employee in the Executive service who is relieved of his duties and responsibilities pursuant to Section 10018 shall continue to receive his salary and other employment-related compensation to which he would otherwise be entitled until the notice period required by Section 10017 has elapsed, unless the discharge or removal is for a specified act of misfeasance, malfeasance, or commission of a felony, which act is expressly specified in the notice required pursuant to Section 10017.

10020 Suspension.

As an alternative to discharge or removal, the City Manager may immediately suspend any employee in the Executive service for a period not to exceed thirty days (30) when, in his judgment, the employee has failed to carry out his duties and responsibilities in a manner consistent with the best interests and high standards of the Executive service. The City Manager may, but is not required to, provide notice to an employee subject to suspension under this Section.

10021 Vacancy So Created.

Any action of the City Manager to immediately relieve an employee in the Executive service of his duties and responsibilities pursuant to Section 10018 shall be deemed to create a vacancy in the position so affected.

(a) In the case of suspended employees, the City Manager may appoint a qualified person temporarily to carry out the duties and responsibilities of the vacant position during the period of suspension.

(b) In the case of discharge or removal, a vacancy shall be deemed to have been created at the time the notice relieving the employee of his duties is delivered or mailed.

10022 Abolishment of Position or Elimination of Funding.

Unless otherwise agreed by an affected incumbent, no occupied position in the Executive service shall be abolished, nor shall the funding for any such occupied position be deleted, nor appropriations therefor be removed from any city budget unless notice of such action is delivered or mailed to the incumbent so affected at least Ninety (90) days in advance of such action.

10023 Payment of Certain Benefits on Separation.

(a) Any employee in the Executive service who is removed or discharged by the City Manager, except if removal or discharge is for misfeasance, malfeasance or commission of a felony, or whose position is abolished or the appropriation for which is deleted, shall receive a lump sum payment for unused, accumulated earned leaves as herein provided.

(1) Compensated annual leave shall not exceed Three Hundred Eighty-Four (384) hours.

(2) Executive leave is unearned and shall not be compensated upon separation.

(b) In the event the City Manager waives any portion of the advance notice requirement pursuant to Section 10017, the affected employee shall receive, in addition to payment for accumulated benefits of Subsection (a) hereof, a severance benefit equal to his salary and other employment-related compensation to which he would otherwise be entitled for the balance of the Ninety (90) day period so waived.

10024 Granting of Extra Annual Leave.

Any employee in the Executive Service who receives a Ninety (90) days advance written notice of any action discharging or removing him from office, or abolishing his position or deleting the appropriation therefor, and who is not relieved of his duties for misfeasance, malfeasance, or commission of a felony, and who is not relieved of his duty immediately pursuant to Section 10018 shall be given an additional five (5) days of annual leave for the purpose of seeking other employment.

10025 Grounds for Removal Need Not Be Stated.

Nothing in this Article shall be deemed to require that any notice hereunder specify the grounds for removal, discharge, suspension, abolishment of position, or elimination of funding.