Termination of Employment and This Agreement General Release Severance. A. If City terminates this Agreement (thereby terminating Manager’s employment) without Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, and if Manager signs, delivers to the City Council, and does not revoke, a General Release Agreement (“Release Agreement”), City shall pay Manager a lump sum benefit equal to eight (8) months of Manager’s then Base Salary; and, subject to any restrictions of the City’s Medical benefit provider(s) shall provide health (medical, dental, and vision) benefits continuing under the health benefit plans in which Manager and any dependents are then enrolled for eight (8) months or until the Manager finds other employment, whichever comes first (the cash payment and continuing benefits, collectively “Severance”). Notwithstanding the foregoing, and in accordance with Government Code section 53260, if the remaining term of Manager’s Agreement is less than six (6) months, the maximum Severance that Manager may receive shall be an amount equal to Manager’s monthly salary multiplied by the number of months left on the unexpired term of the Agreement.
B. If City terminates this Agreement (thereby terminating Manager’s employment) with Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting of the City Council, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary and vacation pay, and any other accrued and unused benefit allowances according to their terms (“Accrued Salary and Benefits”). As used in this Agreement, Cause shall mean any of the following:
1. Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City or on the Manager’s reputation;
2. Proven failure of the Manager to observe or perform any duties and obligations, if that failure continues for a period of thirty (30) business days from the date of receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;
3. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4 (see Section 6. C., (below));
4. Repeated failure to carry out a directive or directives of the City Council made by the City Co...
Termination of Employment and This Agreement General Release Severance. A. If District terminates this Agreement (thereby terminating Manager’s employment), by action of the affirmative votes of a majority of the members of the Board of Directors, Manager shall not be entitled to any additional compensation or payment, including Severance, but shall be entitled only to accrued Base Salary.
B. If, during the Term or any extended Term, Manager dies, Manager’s estate shall receive Accrued Salary, but shall not be entitled to any additional compensation or payment, including Severance.
C. In the event Manager is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months, the District may terminate Manager’s employment and this Agreement consistent with state law.
D. Manager may resign from his employment at any time, upon giving thirty (30) days written notice to the Board of Directors.
Termination of Employment and This Agreement General Release Severance
