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days advance, written notice to the City Council. <br /> <br /> B. At any time and notwithstanding the above to the contrary, the City Council may, <br /> without cause, terminate Employee's employment as City Attorney upon 30 days <br /> advance, written notice to the Employee; provided that: <br /> <br /> 1. If Employee is terminated without cause, he shall be entitled to be paid six <br /> months of the base salary ("severance pay") at the rate he is earning upon <br /> the effective date of his termination, payable over the immediately <br /> following six month period at the same time other management employees <br /> are paid their salary, with all mandatory deductions being withheld. In <br /> addition, upon the effective date of Employee's termination pursuant to <br /> Section 9(B) or as otherwise specified in Exhibit A, at City's option, he <br /> shall be paid the value of accrued benefits as though he were a non- <br /> retiring, separating employee. <br /> <br /> C. With thirty (30) days advance written notice, Employee's employment may be <br /> terminated for any of the reasons stated below. If Employee is terminated for any <br /> of the causes specified below, he shall not be entitled to severance pay: <br /> <br /> 1) intentional or wilful failure to perform his lawful duties as <br /> prescribed in the City's Charter or as assigned to him by a majority <br /> of the Council; <br /> 2) his death; <br /> 3) his incapacity or inability to perform his essential duties due to <br /> physical or mental disabilities; <br /> 4) wilful destruction, theft, misappropriation or misuse of City <br /> property; <br /> 5) intoxication on duty, whether by alcohol or non-prescriptive drugs; <br /> 6) inexcusable absence; <br /> 7) conviction ora felony; <br /> 8) dishonesty, fi'aud or misconduct in office; <br /> 9) violation of Gov't Code § 1090, or violation of any conflict of <br /> interest laws or regulations which a court or administrative agency <br /> finds resulted in Employee or his immediate family receiving <br /> actual economic gain; <br /> 10) fi'and or dishonesty in securing his employment; and/or <br /> 11) political activity involving the support of or opposition to <br /> candidates for City Council. <br /> <br /> D. In the event the City Council at any time during the course of this Agreement <br /> reduces the salary or other financial benefits of all other management employees <br /> and, at the same time, reduces the salary or other financial benefits of Employee <br /> <br />C:XPublicXRedwood City - Employment Agreement with Yamamoto clean 7-24-01.wpd 5 <br /> <br /> <br />