Common use of Termination by Board Clause in Contracts

Termination by Board. Subject to the concurrence of the Mayor, the Board may at its option terminate the employment of the Chief Executive Officer at any time, by written notice of not less than ninety (90) days to the Chief Executive Officer. Should the Board, subject to the concurrence of the Mayor, terminate the employment of the Chief Executive Officer for cause, defined as including either 1) the embezzlement, misappropriation or misuse of funds; 2) involvement in any activity which, if proved in a criminal prosecution, would result in the conviction of a felony or other crime involving dishonesty or moral turpitude; 3) insubordination or willful material misconduct in the performance of Chief Executive Officer’s duties after written notice specifying such insubordination or misconduct followed by Chief Executive Officer’s failure to cure the insubordination or misconduct and any negative consequences thereof (if curable) within thirty (30) days after receiving such written notice; or 4) breach of this Contract followed by Chief Executive Officer’s failure to cure the breach and any negative consequences thereof (if curable) within thirty (30) days after written notice, in reasonable detail, of such breach, the termination shall be effective immediately without the requirement of ninety (90) days’ notice, and the District shall not be obligated to make any payments to the Chief Executive Officer, except for any earned but unused vacation time and any funds earned up to the date of termination consistent with other provisions of the Contract. In the event of termination of employment by the Board other than for cause, the District shall pay to the Chief Executive Officer, in addition to any earned but unused vacation time and any funds earned up to the date of termination consistent with other provisions of the Contract, in consideration for a release in form and substance mutually acceptable to the Board and the Chief Executive Officer, the greater of 1) the salary he would have earned and would have been entitled to receive under Paragraph III of this Contract for the twelve (12) months immediately following the date of termination, or 2) the salary he would have earned and would have been entitled to receive under Paragraph III of this Contract for the remaining term of the Contract. Such payments shall be paid over the twelve (12) month period, or over the remaining term of the contract, whichever is applicable, in accordance with the District’s normal payroll practices.

Termination by Board. Subject to the concurrence of the Mayor, the Board may at its option terminate the employment of the Chief Executive Officer at any time, by written notice of not less than ninety (90) days to the Chief Executive Officer. Should the Board, subject to the concurrence of the Mayor, terminate the employment of the Chief Executive Officer for cause, defined as including either either 1) the embezzlement, misappropriation or misuse of funds; or 2) involvement in any activity which, if proved in a criminal prosecution, would result in the conviction of a felony or other crime involving dishonesty or moral turpitude; 3) insubordination or willful material misconduct in the performance of Chief Executive Officer’s duties after written notice specifying such insubordination or misconduct followed by Chief Executive Officer’s failure to cure the insubordination or misconduct and any negative consequences thereof (if curable) within thirty (30) days after receiving such written notice; or 4) breach of this Contract followed by Chief Executive Officer’s failure to cure the breach and any negative consequences thereof (if curable) within thirty (30) days after written notice, in reasonable detail, of such breach, the termination shall be effective immediately without the requirement of ninety (90) days’ days notice, and the District shall not be obligated to make any payments to the Chief Executive Officer, except for any earned but unused vacation time and any funds earned up to the date of termination consistent with other provisions of the Contract. In the event of termination of employment by the Board other than for cause, the District shall pay to the Chief Executive Officer, in addition to any earned but unused vacation time and any funds earned up to the date of termination consistent with other provisions of the Contract, in consideration for a release in form and substance mutually acceptable to the Board and the Chief Executive Officer, the greater of 1) the salary he would have earned and would have been entitled to receive under Paragraph III of this Contract for the twelve (12) months immediately following the date of termination, or 2) the salary he would have earned and would have been entitled to receive under Paragraph III of this Contract for the remaining term of the Contract. Such payments shall be paid over the twelve (12) month period, or over the remaining term of the contract, whichever is applicable, in accordance with the District’s normal payroll practices.