HomeMy Public PortalAboutORD-CC-1998-06CITY OF MOAB ORDINANCE NO.1998-06
AN ORDINANCE ENACTING DUE PROCESS PROCEDURES
FOR STATUTORY APPOINTEES DENIED SEVERANCE OR
HEALTH BENEFITS AS A RESULT OF TERMINATION FOR
CAUSE.
WHEREAS, statutory appointees are employees at will subject to
service at the pleasure of the appointing authority; and
WHEREAS, it is the intention of the governing body that
statutory appointees that are terminated for cause shall not be
entitled to severance pay or health benefits; and
WHEREAS, fundamental notions of fairness mandate that a
statutory appointee be entitled to a pre -deprivation hearing prior
to losing any severance pay benefit.
NOW THEREFORE, the City of Moab, upon action of the governing
body, enacts as follows:
The City of Moab Code is amended by the addition of the
following new sections:
Chapter 2.61
Statutory Appointee Severance Benefit Appeals
2.61.010 Purpose and Scope.
The purpose of this chapter is to establish procedures for the
termination of severance pay and health benefits where a statutory
appointee, as defined by Section 2.10.040 (C) with the exception of
the City Attorney, is terminated for cause by action of the Mayor
and the City Council. It is the express intent that all statutory
appointees shall remain as "at -will" employees serving at the
pleasure of the Mayor and the City Council, and the procedures
provided under this chapter shall apply only to the question of
denial of severance benefits. Nothing in this chapter shall be
construed to repeal or modify the appointee's at -will status.
2.61.020 Termination for Cause.
A. Notwithstanding the appointee's at will status, the Mayor
and the City Council may elect to terminate any statutory appointee
for cause, which cause may include, but shall not be limited to,
any conduct prohibited by Section 8.1 of the Moab City Personnel
Policies and Procedures Manual, or any other serious misconduct,
malfeasance, unlawful conduct in office, or misuse of office
warranting dismissal.
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B. The effect of dismissal for cause shall be the loss of
severance pay and health benefits mandated for statutory appointees
by resolution. The loss of benefits shall not be regarded as a
fine, penalty, or punishment.
2.61.030 Dismissal Procedure.
A. Prior to dismissal for cause the Mayor shall deliver to
the statutory appointee written notice of the alleged misconduct
and the appointee shall be entitled an informal hearing and an
opportunity to present evidence in response to the charges.
B. Should the hearing result in dismissal the appointee
shall be entitled to appeal to the full City Council. Written
notice of the appointee's intent to appeal shall be delivered to
the City Manager no more than seven working days from the notice of
termination. Failure to deliver a notice of intent to appeal
within the time provided shall result in the waiver of all appeal
rights.
C. The Council shall hear any evidence and arguments with
regard to the appointee's appeal, which shall be conducted on the
record. The proceedings may be conducted informally and shall not
be subject to the rules of evidence. The Council shall render a
decision based upon the evidence provided at the hearing, upon a
majority vote, whether the termination for cause is sustained or
reversed. The Mayor shall not vote or participate in the appeal
hearing, except as a witness to provide testimony or information as
to the basis of the termination for cause.
D. In the event the basis for termination is reversed the
appointee shall be entitled to all severance pay and health
benefits provided by Council resolution, but shall not be entitled
to reinstatement to his/her position. If the basis for termination
is sustained the appointee shall be entitled to seek judicial
review on the benefits issue, provided the action is timely
commenced within thirty days of the governing body's decision.
E. Exhaustion of all administrative remedies shall be a
jurisdictional prerequisite to seeking judicial review. Review
shall be limited to the record below and the court shall not
reverse the decision of the governing body unless it is arbitrary,
capricious, or not supported by the evidence.
F. A11 hearings shall be conducted in closed session, unless
the appointee consents to a public hearing.
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This ordinance shall take effect immediately upon passage.
Passed and adopted by action of the Governing body of the City
of Moab in open session this /p,K, day of,) , 1998.
Attest:
z
Sidra E. Beaurega , CMC /
�-T, Acting -City Recorder
CITY OF MOAB
By:
Mayor "Darla Hancock