Raymond E. MONCE, Plaintiff-Appellant, v. CITY OF SAN DIEGO, Defendant-Appellee

This is an appeal from an order dismissing the plaintiff’s complaint alleging age discrimination. Raymond Monee, a former deputy San Diego city attorney, alleges that he was constructively discharged from his position because of his age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. The district court found that Monee was not an employee covered by the ADEA because he was a member of the personal staff of an elected official, and dismissed the suit for lack of jurisdiction. We affirm.

BACKGROUND

The San Diego City Attorney’s Office hired Raymond Monee as a deputy city attorney in the Criminal Division in 1976. He was a trial deputy, one of the lowest positions in the Office, and had very little individual authority. Monee served in that position until January 30, 1987, when his employment was terminated. He was 62 years old at that time. Monee alleges that his termination was a constructive discharge caused by age discrimination in violation of the ADEA.

The district court dismissed Monce’s claim for lack of jurisdiction because it found that Monee was not an employee covered by the ADEA. The Act excludes from coverage “any person chosen by…