Laserfiche WebLink
<br /> - 5 - <br />OAK #4822-2397-6246 v1 <br /> <br />I. Consideration of Employee’s termination by the City Council may not occur <br />within ninety (90) days after a General Municipal Election or Special Election <br />wherein a new member or members are elected to the City Council. <br />J. The City Council’s decision to terminate Employee’s employment shall be <br />made in closed session and disclosed according to law. <br /> <br />5. IDEMIFICATIO <br />A. City shall defend, save harmless, and indemnify Employee against any tort, <br />professional liability claim or demand or other legal action, whether groundless or <br />otherwise, arising out of an alleged act or omission occurring in the performance <br />of Employee's duties as City Attorney. City may compromise and settle any such <br />claim or suit and the amount of any settlement or judgment rendered thereon. <br />Said indemnification shall extend beyond termination of employment, and the <br />expiration of this Agreement, to provide full and complete protection to Employee <br />as described herein, for any acts undertaken or committed in Employee’s capacity <br />as City Manager, regardless of whether the notice of filing of a lawsuit for such <br />tort, claim, demand, or other legal action occurs during or following Employee's <br />employment with City as City Manager. Notwithstanding the foregoing, such <br />indemnification shall be limited as set forth below. <br />B. For the purposes of this Agreement, “abuse of office or position” shall be defined <br />as in California Government Code Section 53243.4. <br /> <br />C. Notwithstanding any other provision in this Agreement and in accordance with <br />California Government Code Sections 3511.1, 3511.2, 53243 53243.1 and <br />53243.2, the following limitations apply to City’s obligations to Employee: <br />i) In the event Employee is placed on paid leave pending an investigation, <br />Employee shall reimburse such pay to City if he is subsequently convicted of <br />a crime that constitutes “abuse of office or position.” <br />ii) In the event City pays for Employee’s legal criminal defense, he shall fully <br />reimburse such funds to the City if he is subsequently convicted of a crime <br />that constitutes “abuse of office or position.” <br />iii) If this contract is terminated, any cash settlement related to the termination <br />that Employee may receive from City must be full reimbursed to City if he is <br />subsequently convicted of a crime that constitutes “abuse of office or <br />position.” <br /> <br /> 7. OTICES. <br /> <br /> Any notices required by this Agreement shall be in writing and either given in <br />person or by first class mail with postage prepaid and addressed as follows: <br /> <br />6.3.A. - Page 8