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<br />Atty/ Agr12008.035 <br />052108 <br /> <br />5.38 <br />Page 6 <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 his immediate family receiving actual <br />economic gain; <br /> <br />10. fraud or dishonesty in securing his employment; <br />and/or <br /> <br />C. <br /> <br />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). A reduction in salary <br />and/or benefits resulting from Employee's annual <br />performance evaluation pursuant to Section 2 shall not <br />trigger the provisions of this Subsection 6(C). <br /> <br />D. <br /> <br />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 /> <br />E. <br /> <br />The City Council's decision to terminate or not renew the <br />Agreement shall be made in closed session and confirmed in <br />a public meeting. <br /> <br />3 <br />