Res11 15106 - Laserfiche WebLink

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EXHIBIT A A. Nothing in this document shall prevent, limit or otherwise interfere with Employee's right to resign at any time from his position with City, subject to the provisions of Section 6 . B . The City Council desires that Employee remain in the exclusive employ of the City and to neither accept other employment nor to become employed by any other employer prior to such time. The term "employed" shall not be construed to include occasional teaching or writing , performed on the Employee's personal time. 6 . At any time Employee may resign from his employment as City Manager upon 30 days advance written notice to the City Council . A. At any time and notwithstanding the above to the contrary, the City Council may, without cause, terminate Employee's employment as City Manager by an affirmative vote of five- sevenths (5/7ths) of all members of the City Council upon thirty (30) days advance, written notice to the Employee, provided that: 1 . If Employee is terminated without cause , he shall be entitled to be paid six (6) months of the base salary ("severance pay") at the rate he is earning upon the effective date of his termination , payable as a lump sum , based on base salary without benefits . In addition , upon the effective date of Employee's termination , Employee shall be paid the value of accrued benefits as though he were a non-retiring , separating employee . B . With thirty (30) days advance written notice, Employee's employment may be terminated for any of the reasons stated below. If Employee is terminated for any of the causes specified below, he shall not be entitled to severance pay: 1 . Intentional or willful failure to perform his lawful duties as prescribed in the City's Charter, Municipal Code and regulations or as assigned to him by a majority of the Council ; 2 . his death ; 3 . his incapacity or inability to perform his essential duties due to physical or mental disabilities ; ATTY/AGR/2011 .031 / BELL CITY MANAGER EMPLOYMENT 040611 2