Milpitas Municipal Code Ch. 3 Departments, Assignments and Appointments

Pursuant to the provision of Section VI-1-2.08 of the Milpitas Municipal Code, the work of the City government shall be distributed among the following departments of the City:

A. City Manager;

B. City Attorney;

C. Finance;

D. Human Resources;

E. Information Technology;

F. Planning;

G. Public Works;

H. Police;

I. Fire; and

J. Recreation and Community Services.

(Ord. No. 315, § 2, 1/7/25; Ord. No. 301, § 19, 8/20/19; Ord. No. 197.14, § 1, 6/6/17; Ord. No. 197.13, § 2, 6/2/15; Ord. No. 197.12, § 2, 6/5/12; Ord. No. 197.11, § 2, 6-16-09; Ord. 197.10 (1), 6/19/07: Ord. 197.9, 6/6/06: Ord. 197.7, 7/3/01: Ord. 197.6, 9/5/95: Ord. 197.5, 3/21/95: Ord. 197.4, 5/4/94: Ord. 197.3 (A), 8/5/86: Ord. 197.2, 3/16/79; Ord. 197.1 (part), 9/5/78)

Subject to other provisions of law, the work of the City government shall be assigned to such departments and such divisions within such departments as the City Manager shall establish and determine. In addition to the general functions of the City Manager's Office, the Offices of the City Clerk, Communications, Building Safety, Housing and Economic Development are included as part of the City Manager's Office.

(Ord. No. 315, § 2, 1/7/25; Ord. 197.1, 9/5/78)

The City Manager shall appoint, and at his or her pleasure may dismiss, all City Department Heads. The City Manager's power to appoint and dismiss as described in this Ordinance may not be amended or limited, except as expressly imposed by formal action of the City Council.

(Ord. 52.5 (part), 11/18/97: Ord. 197.1 (part), 9/5/78)

1. Application. The ordinance codified in this Section shall permit the payment of severance to City employees serving in any of the following positions on an "at-will" (i.e., exempt) basis: Department Heads; Building Official; and City Engineer (hereafter "qualifying positions").

2. Severance Schedule. In exchange for a general release in a form subject to approval by the City Attorney, the City Manager may grant severance pay pursuant to this Section on the following schedule. Severance pay shall be based on an employee's base salary at the time of separation and is subject to all applicable withholding as determined by the City or appropriate taxing authorities:

For employees with up to one year of City service in a qualifying position: Four weeks' salary.

For employees with greater than one year, but no more than five years, of City service in a qualifying position: Four weeks' salary, plus two weeks' salary for each additional year of City service in a qualifying position (maximum twelve weeks' salary).

For employees with greater than five years of City service in a qualifying position: Twelve weeks' salary, plus one week's salary for each additional year of City service in a qualifying position not to exceed a total of four additional weeks' salary.

3. Criteria and Administration.

(a) The maximum amount of severance payable under this Section sixteen weeks' salary. The minimum City service required in a qualifying position in order to receive this amount is nine years.

(b) A year of City service means at least 2080 hours during a twelve-month period in a paid status.

(c) Severance payments under this Section shall not be paid until after the City Attorney approves the release and after any statutory waiting periods have expired (e.g., the seven-day waiting period under the ADEA).

(d) Severance payments may be made under this Section only after an employee is dismissed without cause or is laid off. Employees who voluntarily resign, retire, or who are dismissed "for cause" are ineligible for severance payments made under this section. Dismissal "for cause" includes any dismissal made for reasons of fraud, dishonesty, insubordination, theft, misappropriation or misuse of City property, excessive absenteeism, actions prohibited by the City's anti-discrimination policies, or conduct that would constitute a crime. The City Manager shall have the discretion to determine whether dismissals are "for cause" under this section.

(Ord. No. 315, § 2, 1/7/25; Ord. 197.8, 6/4/02)