Termination by CERTNA Board. CERTNA may, with or without cause or prior notice, terminate this Agreement and Employee’s employment with CERTNA. Employee shall be given written notice setting forth the reasons for such termination. If Employee is terminated for good cause, as defined in Paragraph 10.3 below, CERTNA shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those CERTNA is obligated to provide under federal or state law. In the event Employee is terminated by the CERTNA Board for misconduct which could stigmatize Employee’s reputation or impair his ability to earn a living, Employee may, within ten (10) calendar days of receipt of said notice, make a written request for a “name-clearing” hearing (as described in Xxxxx v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the CERTNA Board. The “name-clearing” hearing would solely be to provide Employee an opportunity to clear his name. The CERTNA Board may determine whether the allegations in the notice of termination are supported. If the CERTNA Board determines that the allegations are not supported, a decision shall be issued to reflect that the Employee’s termination was without fault. Such a decision, however, will not require that Employee be reinstated to his position. The hearing shall take place at a regularly scheduled CERTNA Board meeting in accordance with any applicable provisions of state law. The decision whether to terminate the Technical Director shall be made by a minimum two-thirds (2/3) vote of the whole CERTNA Board as then constituted in closed session and reported out of closed session as required by the California Government Code. In the event that Employee does not request a “name-clearing” hearing before the CERTNA Board, the CERTNA Board’s decision to terminate will be effective by the close of business on the tenth (10th) day after the notice was provided to Employee of CERTNA’s intent to terminate his employment.
