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<br />6.28 <br />Page 6 <br /> <br />their salary, with all mandatory deductions being <br />withheld. In addition, upon the effective date of <br />Employee's termination pursuant to Section 5(8) or as <br />otherwise specified in Exhibit A, at City's option, she <br />shall be paid the value of accrued benefits as though <br />she were a non- retiring, separating employee. <br /> <br />C. With thirty (30) days advance written notice, Employee's <br />employment may be terminated for any of the reasons stated <br />below. If Employee is terminated for any of the causes specified <br />below, she shall not be entitled to severance pay: <br /> <br />1. Intentional or willful failure to perform her lawful <br />duties as prescribed in the City's Charter, Municipal <br />Code and regulations or as assigned to her by a <br />majority of the Council; <br /> <br />2. her death; <br /> <br />3. her incapacity or inability to perform her essential <br />duties due to physical or mental disabilities; <br /> <br />4. willful destruction, theft, misappropriation or misuse of <br />City property; <br /> <br />5. intoxication on duty, whether by alcohol or non- <br />prescriptive drugs; <br /> <br />6. inexcusable absence; <br /> <br />7. conviction of a felony; <br /> <br />8. dishonesty, fraud or misconduct in office; <br /> <br />9. violation of Government Code S 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 her immediate family receiving actual <br />economic gain; <br /> <br />. 10. fraud or dishonesty in securing her employment; <br />and/or <br /> <br />D. In the event the City Council at any time during the course of this <br />Agreement reduces the salary or other financial benefits of all other <br />management employees and, at the same time, reduces the salary <br /> <br />Atty/Agr/2007.102 <br />111907 3 <br />