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3. his incapacity or inability to perform his essential <br /> duties due to physical or mental disabilities; <br /> 4. willful destruction, theft, misappropriation or misuse of <br /> City property; <br /> 5. intoxication on duty, whether by alcohol or non - <br /> prescriptive drugs; <br /> 6. inexcusable absence; <br /> 7. conviction of a felony; <br /> 8. dishonesty, fraud or misconduct in office; <br /> 9. violation of Government Code § 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 /> 10). fraud or dishonesty in securing his employment; <br /> and /or <br /> C. 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 /> D. 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 /> Atty /Agr /2008.035 <br /> 052108 3 <br />