Chapter 4
SEPARATION FROM EXECUTIVE SERVICE
Article 1 In General.
Article 2 Resignation, Suspension, Discharge and Removal.
Article 1. IN GENERAL
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 Thirty (30) days advance written notice delivered to the City Manager.
(a) The City Manager may waive all or part of the advance notice requirement.
Specific Authority: Ordinance 1448
History: Amended 11/2023
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.
Specific Authority: Ordinance 1448
History: Amended 11/2023
10017 Discharge or Removal.
All employees in the Executive service are subject to immediate discharge or removal by the City Manager, subject to any terms provided within the current version of the Executive and Mid-Management Compensation Plan.
Specific Authority: Ordinance 1448
History: Amended 11/2023
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 employment status, duties and responsibilities.
Specific Authority: Ordinance 1448
History: Amended 11/2023
10019 Reserved.
Specific Authority: Ordinance 1448
History: Repealed 11/2023
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.
Specific Authority: Ord. No. 1448
History: Amended 11/2023
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.
Specific Authority: Ordinance 1448
History: Amended 11/2023
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 in advance of such action.
Specific Authority: Ordinance 1448
History: Amended 11/2023
10023 Payment of Certain Benefits on Separation.
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 Twelve (312) hours.
(2) Administrative Leave is earned monthly and only the accrued hours shall be compensated upon separation.
Specific Authority: Ordinance 1448
History: Amended 11/2023
10024 Reserved.
Specific Authority: Ordinance 1448
History: Repealed 11/2023
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.
Specific Authority: Ordinance 1448
History: Amended 11/2023