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to 5 30 p.m , Monday through Friday in accordance with City's "9/80" work schedule), as set by the City and as may be duly revised from time -to -time by the City, and will also often require the performance of necessary services outside of normal business hours Employee is pre -au f honzed to work remotely for periods of time not to exceed two (2) work days per month. Em k loyee's compensation (whether salary or benefits) is not based on hours worked. Furthermore, he City Attorney position remains an "exempt" classification under the overtime provisions of the federal Fair Labor Standards Act ("FLSA") and Employee shall not be entitled to any compenstion for overtime, nor subject to such overtime provisions of the FLSA. 1 5 Other Activities, Employee shall focus her professional time, ability, and attention to the City's business during the term of this Agreement. Employee shall not engage, without the express pnor wntten consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature, to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict -of -interest with the City, or that gtherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the City Attorney 1 6 Employment Status. Employee shall serve at the will and pleasure offthe City Council and understands she shall continue to be an "at -wilt" employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre - disciplinary "Skelly" hearing. The City may terminate Employee at any time in accordance with Section 3 2 below 1 7 Exemption from Personnel System. Redlands Municipal Code section 2 56 030 expressly exempts the "City Attorney" position from the City's Personnel System established in Redlands Municipal Code Chapter 2 56 Employee understands, acknowledges and agrees that Employee is exempt from the City's Personnel System 1 8 City Documents. All data, studies, reports and other documents prepared by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use 11 ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other matenals either created by or provided to Employee m connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent junsdiction. Such materials shall not be used by Employee, without the prior wntten consent of the City Council, for any purposes other than the performance of Employee's duties Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction. 2 L\ca\djm\Agreements\Employment Agreements\City Attorney\Y Garcia.Employment Agreement 0419.22.Final.docx