La Mesa Municipal Code Ch. 3.34 Dismissal, Demotion and Suspension of Management Employees

The following management employees are exempted from Sections 3.32.050 and 3.32.130 of Title 3 of the La Mesa Municipal Code:

Assistant city manager;

Assistant director of community development;

Assistant director of public works;

Assistant to the city manager;

Building official;

City clerk;

Communications manager;

Community services manager;

Deputy fire chief;

Director of administrative services;

Director of community services;

Director of community development;

Director of finance;

Director of public works;

Director of public works/city engineer;

Engineering project manager;

Fire chief;

Finance manager;

Fire division chief;

Fire marshal;

Human resources manager;

Information technology manager;

Police captain;

Police chief;

Risk manager;

Senior planner.

(Ord. 2224; May 22, 1980: Ord. 2471; September 22, 1987: Ord. 2542 § 5, November 7, 1989; Ord. 2590 § 5; September 24, 1991; Ord. 2021-2891, § 2, October 12, 2021)

(a) In instances of demotion or suspension for a period exceeding three days, a management employee under this chapter may within ten days of the effective date of this action, appeal in writing to the personnel appeals board for a formal review of the facts of demotion or suspension. The appeal shall be deemed filed when it is filed with the city clerk, and upon the filing of the appeal within the time stated any demotion or suspension shall be stayed pending the recommendation of the personnel appeals board. The personnel appeals board within thirty days after the formal review of the facts of demotion or suspension shall announce the findings and recommendation, and the findings and recommendation shall be advisory to the city manager. Thereafter, the management employee shall have the right to a review of the city manager's decision by the city council. An appeal to the city council must be submitted in writing to the city clerk within ten days of being notified of the city manager's decision.

(b) This section shall only apply to employees serving in the positions identified in Section 3.34.010 hired before the effective date of this section.

(Ord. 2224; May 22, 1980: Ord. 2014-2835, § 4; November 25, 2014)

(a) Any management employee under this chapter so dismissed may, within ten days of the effective date of the action, appeal in writing to the personnel appeals board for a formal review of the facts of the dismissal. The appeal shall be deemed filed when it is filed with the city clerk and upon the filing of the appeal within the time stated any dismissal shall be stayed pending the recommendation of the personnel appeals board. The personnel appeals board within thirty days after the formal review of the facts of the dismissal shall announce the findings and recommendation, and the findings and recommendation shall be advisory to the city manager. Thereafter, the employee shall have the right to a review of the city manager's decision by the city council. An appeal to the city council must be submitted in writing to the city clerk within ten days of being notified of the city manager's decision.

(b) This section shall only apply to employees serving in the positions identified in Section 3.04.010 hired before the effective date of this section.

(Ord. 2224; May 22, 1980: Ord. 2014-2835, § 4; November 25, 2014)

To effectuate dismissal pursuant to this section, the city manager shall deliver a notice of dismissal containing the date thereof.

(a) Upon the effective date of dismissal pursuant to this section, a department head shall be entitled to severance equivalent to four times the department head's regular monthly salary; provided, however, that the city manager, in his or her sole and exclusive discretion, determines that said dismissal is not the consequence of an act involving moral turpitude.

(b) Upon the effective date of dismissal pursuant to this section, a division manager shall be entitled to severance equivalent to two times the division manager's regular monthly salary; provided, however, that the city manager, in his or her sole and exclusive discretion, determines that said dismissal is not the consequence of an act involving moral turpitude.

(c) This section shall only apply to department heads and division managers as identified in Section 2.16.150(d) hired on or after the effective date of this section.

(Ord. 2014-2835, § 5; November 25, 2014)