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<br />'. 6.2.8 <br />Page 7 <br /> <br />,", <br /> <br />or other financial benefits of Employee by a percentage greater <br />than the average percentage reduction applicable to the other <br />management employees, or in the event the City Council refuses, <br />following written notice, to comply with any material provision <br />herein benefiting Employee, Employee may, at her option, be <br />deemed "terminated' at the date of such reduction or such refusal <br />to comply, and shall be entitled to severance pay and the other <br />benefits specified in Section 5(B). A reduction in salary and/or <br />benefits resulting from Employee's annual performance evaluation <br />pursuant to Section 2 shall not trigger the provisions of this <br />Subsection 5(D). <br /> <br />E. <br /> <br />Consideration of Employee's termination by the City Council may <br />not occur within ninety (90) days after a General Municipal Election <br />or Special Election wherein a new member or members are elected <br />to the City Council. <br /> <br />F. <br /> <br />The City Council's decision to terminate or not renew the <br />Agreement shall be made in closed session and confirmed in a <br />public meeting. <br /> <br />Employee may choose to resign her office instead of being <br />terminated if a decision by the City Council to terminate has been <br />made in closed session; provided, however, that the financial <br />implications of. any such resignation shall be governed by <br />Subsections 5(8), (C) or (D), whichever is applicable. <br /> <br />6. Subject to GaL Government Codes 9 825-825.6 and any other applicable <br />law, the City Council shall defend, hold harmless, and indemnify <br />Employee against any tort, professional liability claim, or demand, or civil <br />rights or other legal action, arising out of any act, event or omission <br />occurring in the performance of Employee's professional duties as City <br />Attorney. <br /> <br />G. <br /> <br />7. The City Council agrees to budget for and pay the professional dues, <br />subscriptions, courses, institutes, seminars and travel expenses of <br />Employee for participation in professional activities required by law. To <br />the extent provided for in the City's annual budget, the City Council <br />encourages Employee to attain positions of leadership in national,state, <br />regional and local associations and organizations relevant to her <br />profession, and subject to budgetary limitations imposed by the City <br />Council, the City Council agrees to pay for travel and subsistence <br />expenses necessary to discharge her official duties for such associations <br />and organizations. . <br /> <br />Atty/Agr/2007.102 <br />111907 <br /> <br />4 <br />