Common use of Termination of Employment and This Agreement General Release Severance Clause in Contracts

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 Council as a body at a Xxxxx Act compliant meeting; and 5. Any grossly negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-established rules or procedures. C. Notwithstanding any of the provisions in Sections 6. A. and 6. B. (above), in any circumstance in which the Manager is convicted of a crime involving abuse of his or her office or position with the City as defined in California Government Code Section 53243.4, any paid administrative leave provided by the City pending an outcome of the investigation into such crime, any City funds expended for the legal criminal defense to such criminal allegation, any cash settlement or severance provided to the Manager upon termination shall be fully reimbursed by the Manager to the City. D. If, during the Term or any extended Term, Manager dies, Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance. E. In the event Manager is permanently disabled or is otherwise unable to perform duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate Manager’s employment and this Agreement. F. Manager may resign from employment at any time, upon giving forty-five (45) days written notice to the City Council.

Termination of Employment and This Agreement General Release Severance. A. Subject to the terms of this Paragraph, the City has the right to terminate this Agreement without cause any time. If the City terminates this Agreement (thereby terminating Manager’s employment) without Causecause, 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 the General Release Agreement (“Release Agreement”)) in the form attached hereto as Exhibit A, City shall: 1. Pay the Manager severance as follows: The City shall pay the City Manager a lump sum benefit equal to eight the remainder of their Base Salary for the term of the contract, and shall provide nine (8) 9) 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 their 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”). 2. Notwithstanding Pay the foregoingManager for their accumulated Annual Leave, and in accordance with Government Code section 53260but not their unused Management Leave, unused Hard Holidays, or unused Floating Holidays. The Manager shall not be paid out their unused Sick Leave, but may convert their accumulated Sick Leave to CalPERS service credit, as permitted by XxxXXXX. 3. Pay any pending reimbursement requests, if properly payable. The Manager shall not receive any other payments not specified in this section, including any further deposits into 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 Agreement401A Plan set forth in Section 8. 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 member 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 only mean any of the following: 1. Conviction Conduct involving or conviction of, or plea of guilty or nolo contendre contendere (or no contest) 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 of their duties and obligations, if that failure continues for a period of thirty (30) business days from the date of their receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; 3. Conviction Conduct involving or conviction of, or plea of guilty or nolo contender, 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))53243.4; 4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Xxxxx Act Brown Act-compliant meeting; and 5. Any grossly negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations if such a failure is capable of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-established rules or procedures. C. Notwithstanding any of the provisions in Sections 6. A. and 6. B. (above), in any circumstance in which the Manager is convicted of a crime involving abuse of his or her office or position with the City as defined in California Government Code Section 53243.4, any paid administrative leave provided by the City pending an outcome of the investigation into such crime, any City funds expended for the legal criminal defense to such criminal allegation, any cash settlement or severance provided to the Manager upon termination shall be fully reimbursed by the Manager to the City. D. If, during the Term or any extended Termcure, Manager dies, Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance. E. In the event Manager is permanently disabled or is otherwise unable to perform duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate Manager’s employment and this Agreement. F. Manager may resign from employment at any time, upon giving forty-five (45) days written notice to the City Council.have thirty

Termination of Employment and This Agreement General Release Severance. A. Subject to the terms of this Paragraph and Section 5(B), the City has the right to terminate this Agreement without cause at any time (thereby separating City Clerk from City service). If the City terminates this Agreement (thereby terminating Manager’s City Clerk's employment) without Causecause, 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 City Clerk signs, delivers to the City Council, and does not revoke, a the General Release Agreement (“"Release Agreement”)") in the form attached hereto as Exhibit A, City shall pay Manager shall: 1. Pay the City Clerk a lump sum benefit equal to eight nine (8) 9) months of Manager’s her then Base Salary; and, subject to any restrictions Salary and nine (9) months 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”"). 2. Notwithstanding Pay the foregoingCity Clerk for her accumulated Annual Leave, and in accordance with Government Code section 53260but not her unused Management Leave, unused Hard Holidays, or unused Floating Holidays. The City Clerk shall not be paid out her unused Sick Leave, but may convert her accumulated Sick Leave to CalPERS service credit, as permitted by XxxXXXX 3. Pay any pending reimbursement requests, if properly payable. The City Clerk shall not receive any other payments not specified in this section. B. If the remaining term of Manager’s City terminates this Agreement is less than (thereby terminating City Clerk's employment) without cause within six (6) monthsmonths after the swearing-in of a newly elected Mayor or City Councilmember, and if the maximum City Clerk signs, delivers to the City Council, and does not revoke the General Release Agreement ("Release Agreement") in the form attached hereto as Exhibit A, City shall: 1. Pay the City Clerk the nine (9) month 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 in accordance with Section 5(A)(1 through 3), plus additional Severance for any portion of the Agreementsix (6) months not worked following the swearing-in of newly elected Mayor or City Councilmember. B. C. If City terminates this Agreement (thereby terminating Manager’s City Clerk's employment) with Cause, as determined by the affirmative votes of a majority of the members of the City Council at a Regular Meeting member of the City Council, Manager City Clerk 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 only mean any of the following: 1. Conviction Conduct involving or conviction of, or plea of guilty or nolo contendre contendere (or no contest) 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 City Clerk's reputation; 2. Proven failure of the Manager City Clerk to observe or perform any of her duties and obligations, if that failure continues for a period of thirty (30) business days from the date of her receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; 3. Conviction Conduct involving or conviction of, or plea of guilty or nolo contender, 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))53243.4; 4. Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a Xxxxx Act Brown Act-compliant meeting; and; 5. Any grossly negligent action or inaction by Manager City Clerk that materially and adversely: (a) impedes or disrupts the operations of the City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-'s properly established rules or procedures.; C. Notwithstanding any 6. Violation of the provisions in Sections 6City's EEO/Sexual Harassment Policies, Workplace Violence Policies, and Substance Abuse Policies; or 7. A. and 6. B. (above), in any circumstance in which the Manager is convicted of a crime involving abuse of his or her office or position Failure to comply with the City as defined in California Government Code Section 53243.4, any paid administrative leave provided by the City pending an outcome terms of the investigation into such crime, any City funds expended for the legal criminal defense to such criminal allegation, any cash settlement or severance provided to the Manager upon termination shall be fully reimbursed by the Manager to the Citythis Agreement. D. If, during the Term term or any extended Term, Manager City Clerk dies, Manager’s City Clerk's estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance. E. In the event Manager City Clerk is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate Manager’s City Clerk's employment and this Agreement. F. Manager City Clerk may resign from his employment at any time, upon giving forty-five (45) days written notice to the City Council. A resignation shall not entitle City Clerk to Severance as set forth in Section 5(A) (1).

Termination of Employment and This Agreement General Release Severance. A. Subject to the terms of this Paragraph, the City has the right to terminate this Agreement without cause any time. If at any time prior to August 16, 2019 (the “Early Termination Date”) City terminates this Agreement (thereby terminating Manager’s employment) without Causecause, 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 the General Release Agreement (“Release Agreement”)) in the form attached hereto as Exhibit A, City shall: 1. Pay the Manager severance as follows: The City shall pay the City Manager a lump sum benefit equal to eight nine (8) 9) months of Manager’s his/her then Base Salary; and, subject to any restrictions of the City’s Medical benefit provider(s) and shall provide nine (9) months of health (medical, dental, and vision) benefits continuing under the health benefit plans in which Manager and any his 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”). 2. Notwithstanding Pay the foregoingManager for his accumulated Annual Leave, and in accordance with Government Code section 53260but not his unused Management Leave, unused Hard Holidays, or unused Floating Holidays. The Manager shall not be paid out his unused Sick Leave, but may convert his accumulated Xxxx Leave to CalPERS service credit, as permitted by XxxXXXX. 3. Pay any pending reimbursement requests, if properly payable. If the remaining term of City terminates this Agreement at any time after the Early Termination Date, the Manager shall not be entitled to the Severance payment provided in Section 6.A.1, above. The Manager shall not receive any other payments not specified in this section, including any further deposits into the 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 Agreement401 A Plan set forth in Section 8. 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 member 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 only 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 Council as a body at a Xxxxx Act compliant meeting; and 5. Any grossly negligent action or inaction by Manager that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or public safety; or (c) violates City’s properly-established rules or procedures. C. Notwithstanding any of the provisions in Sections 6. A. and 6. B. (above), in any circumstance in which the Manager is convicted of a crime involving abuse of his or her office or position with the City as defined in California Government Code Section 53243.4, any paid administrative leave provided by the City pending an outcome of the investigation into such crime, any City funds expended for the legal criminal defense to such criminal allegation, any cash settlement or severance provided to the Manager upon termination shall be fully reimbursed by the Manager to the City. D. If, during the Term or any extended Term, Manager dies, Manager’s estate shall receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or payment, including Severance. E. In the event Manager is permanently disabled or is otherwise unable to perform duties because of sickness, accident, injury, or mental incapacity for a period of three consecutive months beyond any provided sick leave, the City may terminate Manager’s employment and this Agreement. F. Manager may resign from employment at any time, upon giving forty-five (45) days written notice to the City Council.