Yancey v. Watkins

The essence of the claim alleged is that defendant Whisenant, as manager of defendant-city, purported to terminate plaintiffs employment as Chief of Police of defendant-city; that plaintiff is a "permanent employee" of defendant-city under the Newton City Code; and that consequently his employment cannot be terminated without affording him certain procedural and substantive rights granted to permanent employees by that Code. The trial court based its dismissal of the claim on Newton City Code section 2-22, which provides: " Officers to be appointed by manager. The city manager shall appoint to serve at the pleasure of the city manager the following officers and employees:. .. (c) Chief of police." (Emphasis supplied.) We agree that this provision is