§ 2-402. Employment and termination.

(a)

All nonbargaining unit personnel shall be hired by the city manager and shall be dismissed by the city manager.

(b)

The city manager may enlist the service of an advisory board or outside consultants in the selection process of hiring nonbargaining unit personnel.

(c)

Nonbargaining unit personnel shall serve at the will of the city manager and the city manager shall have the absolute authority to dismiss any such nonbargaining unit personnel with or without cause. Nonbargaining unit personnel are employed on an at-will basis. Nothing in this article, nor in any policy or procedure that has been enacted or promulgated prior to this article, shall create any right of due process with respect to discipline and/or termination. No nonbargaining unit personnel shall have any property interest in continuing employment with the city. Nonbargaining unit personnel shall be given all accrued benefits upon termination and may be provided severance pay in lieu of notice as follows:

Term of Years in the Same Position	Pay in Lieu of Notice
0 to 5 years	5 weeks
Over 5 to 10 years	12 weeks
Over 10 years	2 additional weeks for each year of service to a maximum of 6 months

 

(d)

The city manager shall, in the managers' sole direction, be entitled to provide upon resignation and/or termination of a nonbargaining unit personnel, pay in lieu of notice, up to but not exceeding the limits set forth in subsection 2-402(c) above.

(e)

Nonbargaining unit personnel shall only be entitled to receive the above advance notice or payment in lieu of notice if the said employee is terminated without cause. A nonbargaining unit personnel terminated for cause shall not be entitled to the advance notice or payment in lieu of notice. As a condition of eligibility to receive the advance notice or payment in lieu of notice, the nonbargaining unit personnel must execute a full, complete and absolute release of the city, to the satisfaction of the city attorney, of any and all liabilities or claims that said employee may have against the city.

(Ord. No. 09-10, § 1, 5-12-09)