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EXHIBIT A <br /> 4. willful destruction , theft, misappropriation or misuse of <br /> City property; <br /> 5 . intoxication on duty, whether by alcohol or non- <br /> prescriptive drugs; <br /> 6. inexcusable absence; <br /> 7. conviction of a felony; <br /> 8 . dishonesty, fraud or misconduct in office; <br /> 9 . violation of Government Code § 1090 , or violation of <br /> any conflict of interest laws or regulations which a <br /> court or administrative agency finds resulted in <br /> Employee or his immediate family receiving actual <br /> economic gain ; <br /> 10 . fraud or dishonesty in securing his employment; <br /> and/or <br /> C . In the event the City Council at any time during the course of <br /> this Agreement reduces the salary or other financial benefits <br /> of all other management employees and , at the same time, <br /> reduces the salary or other financial benefits of Employee by <br /> a percentage greater than the average percentage reduction <br /> applicable to the other management employees, or in the <br /> event the City Council refuses , following written notice , to <br /> comply with any material provision herein benefiting <br /> Employee, Employee may, at his option , be deemed <br /> "terminated' at the date of such reduction or such refusal to <br /> comply, and shall be entitled to severance pay and the other <br /> benefits specified in Section 6(A) . <br /> D . Consideration of Employee's termination by the City Council <br /> may not occur within ninety (90) days after a General <br /> Municipal Election or Special Election wherein a new <br /> member or members are elected to the City Council. <br /> E . The City Council's decision to terminate or not renew the <br /> Agreement shall be made in closed session and disclosed <br /> according to law. <br /> F . Employee may choose to resign his office instead of being <br /> terminated if a decision by the City Council to terminate has <br /> ATTY/AGR/2011 .031/ BELL CITY MANAGER EMPLOYMENT <br /> 040611 3 <br />