AgdaPkt 2010-06-30 - Laserfiche WebLink

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6.1A Page 5 5. At any time Employee may resign from her employment as City Attorney upon 30 days advance written notice to the City Council. A. At any time and notwithstanding the above to the contrary, the City Council may, without cause, terminate Employee's employment as City Attorney by an affirmative vote of five- sevenths (5/7ths) of all members of the City Council (City Charter Section 21), provided that: 1 . If Employee is terminated for reasons other than those set forth in 8 below, she shall be entitled to be paid six (6) months of the base salary ("severance pay") at the rate she is earning upon the effective date of her termination, payable over the immediately following six (6) month period at the same time other management employees are paid their salary, with all mandatory deductions being withheld, plus benefits. In addition, upon the effective date of Employee's termination or as otherwise specified in Exhibit A at City's option, she shall be paid the value of accrued benefits. B. Employee's employment may be terminated for any of the reasons stated below. If Employee is terminated for any. of the causes specified below, she shall not be entitled to severance pay: 1 . I ntentional or willful failure to perform her lawful duties as prescribed in the City's Charter, Municipal Code and regulations or as assigned to her by a majority of the Council; 2. her death; 3. her incapacity or inability to perform the essential duties due to physical or mental disabilities; 4. willful destruction, theft, misappropriation or misuse of City property; 5. intoxication on duty, whether by alcohol or non- prescription drugs; 6. inexcusable absence; 7. conviction of a felony; A TTY / AGR/20 10.051 062210 2