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<br /> - 3 - <br />OAK #4822-2397-6246 v1 <br /> <br /> <br />4. RESIGATIO & TERMIATIO <br /> <br />A. At any time, Employee may resign from employment as City Attorney upon <br />sixty (60) days written notice to the City Council. <br /> <br />B. Subject to Section 21 of the City Charter, Employee serves at the pleasure of <br />the City Council and nothing herein shall prevent, limit, or otherwise interfere <br />with the right of City to terminate the services of Employee with or without <br />cause with thirty (30) days written notice to Employee. <br /> <br />C. If Employee is terminated by the City Council while still willing and able to <br />perform the duties of City Attorney, the City agrees to pay Employee six (6) <br />months of Severance Pay, as limited by California Government Code Sections <br />53260 and 53261. <br /> <br />D. For the purpose of this Agreement, Severance Pay shall include monthly <br />salary and 401(a) contributions. Severance Pay shall be paid in a lump sum <br />payment to Employee. In addition, Severance Pay shall include continued <br />Health Benefits. Health Benefits means health, dental, and vision benefits. <br />Health Benefits shall continue a maximum of six (6) months or until the <br />employee finds other employment, whichever occurs first. Health Benefits <br />shall be provided Employee to the same extent and at the same cost to <br />Employee in effect on the Employee’s termination date from City <br />employment. For the purposes of this Agreement, Contemporaneously with <br />the delivery of the severance pay set forth herein, Employee agrees to execute <br />and deliver to City a release agreement approved by City and approved as to <br />form by the City Attorney waiving and releasing City and its officials and <br />employees from any and all claims that Employee may have against City and <br />its officials and employees acknowledging that any such payments under this <br />provision release City from any further obligations under this agreement. <br /> <br />E. Alternatively and in lieu of a lump sum Severance Pay as described in Section <br />4D, Employee may elect in writing to receive six (6) months’ notice of the <br />City Council’s intent to terminate Employee’s employment relationship with <br />the City. In this case, City shall retain Employee in an employment <br />relationship with City in a capacity to be mutually agreed upon for the entire <br />period of six months during which the Employee shall receive the same salary <br />and benefits as in Section 4D of this Agreement payable in installments at the <br />same time other City executive management employees are paid. At the time <br />the parties agree upon an employment capacity in which Employee will serve <br />during the six month period, the parties may discuss and agree upon whether <br />continued vacation and sick leave benefits may be included as a benefit and <br />also considering to the extent such benefits are compliant with California <br />Government Code Section 53260 and 53261 and/or are otherwise required by <br />6.3.A. - Page 6