Sandra Emerson, Staff Writer
Created: 05/24/2011 04:16:17 PM PDT

UPLAND – The City Council Monday night took the first step in changing a statute in its Municipal Code that prevented it from terminating the city manager for five months.

The council held a first reading of an amendment to the code that would eliminate the statute that prohibits them from terminating the city manager within 180 days of an election if a new council member is elected or appointed.

Councilman Gino Filippi was elected on Nov. 2.

The council terminated former City Manager Robb Quincey on May 4 for breaching his employment contract and not following specific council direction after waiting out the 180-day period.

Quincey had been on paid leave of absence since Jan. 4.

The decision made Monday will give the council authority to terminate the city manger at its own discretion.

“If we found out he was not doing things the way they should have been done, we could have made a decision to terminate and then honor his contract and also honor the code,” said Mayor Ray Musser. “I feel comfortable with it. Six months was too long.”

The council will consider a second reading and adoption of the ordinance during the June 13 council meeting.

The statute was increased from a 90-day period to 180 days in 2008.

The intention of the statue is to maintain stability for newly elected or appointed council members, said City Attorney William Curley.

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