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LawForAll, Lawyer
Category: Employment Law
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If a City Council is considering placing the City Manager on

Customer Question

If a City Council is considering placing the City Manager on paid Administrative Leave what should be the process?
Submitted: 1 year ago.
Category: Employment Law
Expert:  LawForAll replied 1 year ago.

Hello, my name is ***** ***** I am an attorney. I am happy to assist.

If the City Council wants to allow the City Manager to be placed on paid administrative leave, they have to vote by a majority of the Council for this to happen. Check the City Manager's employment contract as well to see if there is any additional procedure

Then the Council needs to immediately appoint a new "acting" City Manager so that the operations can continue. There has to be someone who is in charge of the City during the leave.

Let me know if you have any questions about this.



Customer: replied 1 year ago.
There aren't anything additional in his contract. However, I have a concern the Brown Act. If it's posted properly should we also do a statement of written charges. In other words is a scully hearing necessary
Expert:  LawForAll replied 1 year ago.

Ok, so if this is going to be a disciplinary matter because of performance or other behavior, then if it is more than 5 days it looks like the skelly hearing would be necessary, if he requests it. First the counsel gives him notice of the proposed action, the reasons, any materials that support those reasons, and then he gets an opportunity to respond in writing or orally. If he wants a hearing he can have one. He doesn't have to have one though.

And yes, any action by the counsel would have to be done in a public hearing that is properly notices to the public, as I assume all counsel meetings are there. That would satisfy the Brown Act public hearing requirements.

Let me know if that's what you are looking for.