Termination of Employment and Severance. ▇. ▇▇▇▇▇ may terminate this Agreement with or without cause, by giving the City Council sixty (60) days written notice in advance of termination. During the notice period, all the rights and obligations of the parties under this Agreement shall remain in full force and effect. b. The City Council may terminate this Agreement with or without cause, giving YOUNG thirty (30) days written notice in advance of termination. c. In the event the City Council terminates ▇▇▇▇▇'▇ employment without cause, the City shall pay YOUNG severance in a lump sum equal to nine (9) months base salary, auto allowance, cell phone allowance, as well as the City's share of all health/benefit premium contributions, minus all applicable deductions. Any severance payment pursuant to this Agreement is contingent upon YOUNG signing and delivering a general release of all claims against the City (including without limitation its former and current elected officials, employees, officers and agents) in a form acceptable to the City Attorney. Any severance amount paid pursuant to this Agreement shall be subject to the restrictions set forth in California Government Code § 53260. YOUNG shall not receive any severance if she resigns, is terminated for cause, if the term of this Agreement lapses, or if a waiver and release agreement is not executed by the parties. If the City elects to terminate this Agreement and ▇▇▇▇▇'▇ employment without good cause as defined in this Agreement, a Notice of Termination Without Cause shall be provided in writing. d. If YOUNG is terminated for "cause," the City shall not owe any severance under this Agreement. This provision does not confer any property rights on YOUNG, as she remains an ▇▇▇▇▇▇ employee. The phrase "termination for cause" only pertains to ▇▇▇▇▇'▇ eligibility for severance as described in this Section. A "termination for cause" for purposes of severance may include, but shall not be limited to, the following: i. Dishonesty; ii. Embezzlement; iii. Conviction of a felony or misdemeanor relating to ▇▇▇▇▇'▇ fitness to perform assigned duties; iv. Any act involving moral turpitude; v. Taking a position adverse to the interests of the City without the City's prior written consent; vi. Violation of any fiduciary duty owed to the City; vii. Failure to abide by the terms of this Agreement; or viii. Failure to observe or perform any of her duties and obligations under this Agreement, if that failure continues for a period of thirty (30) days after ▇▇▇▇▇ receives written notice from City Council or its designee specifying the acts or omissions that constitute the failure. If the City elects to terminate this Agreement and ▇▇▇▇▇'▇ employment for cause as defined in this Agreement, a Notice of Termination For Cause shall be provided in writing outlining the reason(s) for termination. e. Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by YOUNG from the City shall be fully reimbursed to City if ▇▇▇▇▇ is convicted of a crime involving an abuse of her office or position as defined in California Government Code section 53243.4.
Appears in 1 contract
Sources: Employment Agreement
Termination of Employment and Severance. ▇. ▇▇▇▇▇▇▇ may terminate this Agreement AGREEMENT, with or without cause, by giving the City Council sixty (60) days written notice in advance of termination. During the notice period, all the rights and obligations of the parties under this Agreement AGREEMENT shall remain in full force and effect.
b. The City Council may terminate this Agreement AGREEMENT with or without cause, giving YOUNG thirty (30) days written notice subject to any limitations in advance the Charter or Municipal Code at the time of termination.
c. In the event the City Council terminates ▇▇▇▇▇'▇ ▇▇’ employment without cause, the City shall pay YOUNG severance ▇▇▇▇▇▇▇ one year salary plus health benefits as severance.
d. Prior to payment by the City of any Severance, ▇▇▇▇▇▇▇ shall sign and deliver to the City a waiver in a lump sum equal to nine (9) months base salarythe form of Exhibit A, auto allowance, cell phone allowance, as well as the City's share of all health/benefit premium contributions, minus all applicable deductions. Any severance payment pursuant to this Agreement is contingent upon YOUNG signing and delivering a general release of all claims against fully releasing the City (including without limitation its former and current elected officials, employees, officers and agents) in a form acceptable to the City Attorney. Any severance amount paid pursuant to this Agreement shall be subject to the restrictions set forth in California Government Code § 53260. YOUNG shall not receive from any severance if she resigns, is terminated for cause, if the term of this Agreement lapses, or if a waiver and release agreement is not executed all claims by the parties. If the City elects to terminate this Agreement and ▇▇▇▇▇'▇ employment without good cause as defined in this Agreement, a Notice of Termination Without Cause shall be provided in writing▇▇.
d. e. If YOUNG ▇▇▇▇▇▇▇ is terminated for "“cause," ” the City shall not owe or pay any severance under this Agreement. This provision does not confer any property rights on YOUNG, as she remains an ▇▇▇▇▇▇ employeeAGREEMENT. The phrase "determination of whether there is cause for termination for cause" only pertains to ▇▇▇▇▇'▇ eligibility for severance as described will be made by the City in this Section. A "termination for cause" for purposes the sole discretion of severance the City Council, and may include, but shall not be limited toto the items listed below. A cause determination must be made by the City Council in accordance with applicable law, including the following:▇▇▇▇▇ Act provisions governing notice of specific charges and the opportunity to have those charges heard in an open session of the City Council. Further, in the event that the City Council commences proceedings to terminate for cause, ▇▇▇▇▇▇▇ shall be given written notice at least 48 hours before such decision is made, and shall have the opportunity to address the allegations or concerns of the City Council and to provide a written response thereto.
i. DishonestyWillful violation of administrative policies and procedures;
ii. EmbezzlementFailure to properly perform assigned duties;
iii. Theft of City property;
iv. Insubordination;
v. Conviction of a felony felony, or conviction of a misdemeanor relating to ▇▇▇▇▇'▇ ▇▇’ fitness to perform assigned duties;
iv. Any act involving moral turpitude;
v. Taking a position adverse to the interests of the City without the City's prior written consent;
vi. Violation of any fiduciary duty owed to the CityUnauthorized absence from employment;
vii. Failure to abide maintain satisfactory working relationships with other employees or the public as directed by the terms of this Agreement; orCity Council;
viii. Failure Reporting for work, or being at work, under the influence of or in possession of alcohol or non-prescribed controlled substances;
ix. Improper use of City funds;
x. Unauthorized use of City property;
xi. Willful misconduct or malfeasance;
xii. Other failure of good behavior either during or outside of employment such that the employee’s conduct causes substantial discredit to observe or perform any of her duties and obligations under this Agreement, if that failure continues for a period of thirty (30) days after the City.
f. In the event ▇▇▇▇▇▇▇ receives written notice from City Council or its designee specifying the acts or omissions that constitute the failure. If the City elects decides not to terminate seek renewal of this Agreement and prior to the expiration of the term, ▇▇▇▇▇'▇▇ employment for cause as defined in this Agreement, a Notice shall make his best efforts to notify the City of Termination For Cause shall be provided in writing outlining the reason(s) for termination.
e. Pursuant to Government Code section 53243.2, any cash settlement related such decision no later than 6 months prior to the termination expiration of this the Agreement received by YOUNG from so as to give the City shall be fully reimbursed sufficient time to City if plan for and execute the search for ▇▇▇▇▇ is convicted of a crime involving an abuse of her office or position as defined in California Government Code section 53243.4▇▇▇’ replacement.
Appears in 1 contract
Sources: Employment Agreement