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ATTY/AGR/CONFIDENTIAL AGR/CONF-2025.004 – EMPLOYMENT AGREEMENT (PATRICK HEISINGER) <br />REV: 11-13-25 VR <br />Page 5 of 7 <br />employment or to initiate termination proceedings. However, the City Council’s request <br />that Employee resign shall result in an obligation to pay Employee Severance Pay. <br /> <br />G. In the event the City Council at any time during the course of this Agreement reduces <br />the salary or other financial benefits of all other management employees and, at the same <br />time, reduces the salary or other financial benefits of Employee by a percentage greater <br />than the average percentage reduction applicable to the other management employees, <br />or in the event the City Council refuses, following written notice, to comply with any <br />material provision herein benefiting Employee, Employee may, at his option, be deemed <br />“terminated’ at the date of such reduction or such refusal to comply, and shall be entitled <br />to Severance Pay. <br /> <br />H. Consideration of Employee’s termination by the City Council may not occur within <br />ninety (90) days after a General Municipal Election or Special Election wherein a new <br />member or members are elected to the City Council. <br /> <br />I. The City Council’s decision to terminate Employee’s employment shall be made in <br />closed session and disclosed according to law. <br /> <br />J. Employee agrees that all property, including all equipment, documents, records, notes, <br />contracts, and computer-generated materials furnished to or prepared by Employee <br />incident to Employee’s employment belongs to City and shall be returned promptly to <br />City upon termination of Employee’s employment. Employee’s obligations under this <br />subsection shall survive the termination of employment. <br /> <br />5. INDEMNIFICATION. <br />A. City shall defend, save harmless, and indemnify Employee against any tort, professional <br />liability claim or demand or other legal action, whether groundless or otherwise, arising <br />out of an alleged act or omission occurring in the performance of Employee's duties as <br />City Manager. City may compromise and settle any such claim or suit and the amount <br />of any settlement or judgment rendered thereon. Said indemnification shall extend <br />beyond termination of employment, and the expiration of this Agreement, to provide <br />full and complete protection to Employee as described herein, for any acts undertaken <br />or committed in Employee’s capacity as City Manager, regardless of whether the notice <br />of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or <br />following Employee's employment with City as City Manager. Notwithstanding the <br />foregoing, such indemnification shall be limited as set forth below. <br />B. For the purposes of this Agreement, “abuse of office or position” shall be defined as in <br />California Government Code Section 53243.4. <br /> <br />C. Notwithstanding any other provision in this Agreement and in accordance with <br />California Government Code Sections 3511.1, 3511.2, 53243, 53243.1 and 53243.2, the <br />following limitations apply to City’s obligations to Employee: <br /> <br />9.A. - Page 9 of 11 <br />292