Encinitas Municipal Code Ch. 12.24 Termination of Employment

It is the purpose of this chapter to specify the process for termination from City service.

(Ord. 89-31)

A. The employment of persons with a regular management, regular executive, or reserve appointment may be terminated at the sole discretion of the appointing authority, without cause, subject to the following:

1. The termination of employment cannot be based upon the race, ethnic background, religion, age, sex, national origin, or personal disability of the employee; and

2. No cause need be stated by the appointing authority.

B. The appointing authority shall deliver to the regular management or reserve appointee a written notice effective as of the date of delivery to the appointee that the appointee's services shall no longer be required. Two times the appointee's regular monthly salary shall be paid to the appointee as severance pay upon delivery of written notice of termination.

C. The City Manager shall deliver to the regular executive appointee a written notice effective as of the date of delivery to the appointee that the appointee's services shall no longer be required. Three times the appointee's regular monthly salary shall be paid to the appointee as severance pay upon delivery of written notice of termination.

D. If the regular management, regular executive, or reserve appointee determines that the termination under this section has been accomplished in a manner that is likely to adversely stigmatize the appointee in obtaining other employment, the appointee shall deliver to the appointing authority a written request setting forth the manner in which the appointee has been stigmatized and the actions requested of the appointing authority to remove the apparent stigmatization.

E. In order to support a claim of stigmatization, the regular management, regular executive, or reserve appointee must identify public statements or actions taken by the City, that have resulted in what the appointee has concluded to be a stigmatization. The fact of a personal delivery of the notice of termination, and the consequent termination of employment does not constitute stigmatization.

F. The appointing authority shall review the regular management, regular executive, or reserve appointee's request to remove the apparent stigmatization and render a decision within 10 working days.

G. If the appointing authority does not take the action requested by the regular management, regular executive, or reserve appointee to remove the apparent stigmatization, then the appointee may apply to the City Manager for an opportunity to remove the apparent stigmatization by the presentation of mitigating and exculpatory information. No further appeal shall be allowed.

(Ord. 89-31)

The termination of employees not within the scope of Section 12.24.020 shall be accomplished in accordance with disciplinary policy.

(Ord. 89-31)