|
3. Termination
<br />3.1 Termination by Employee. Employee may terminate this Agreement at any time,
<br />provided Employee provides the City with at least thirty (30) days prior written notice. In the
<br />event Employee terminates this Agreement, Employee expressly agrees that Employee shall not
<br />be entitled to any severance pay.
<br />3.2 Termination by the City.. The City may terminate this Agreement at any time,
<br />with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or
<br />without cause, by providing written notice to Employee of the same. The City's right to terminate
<br />Employee pursuant to this Section 3.2 shall not be subject to, or in any way limited by, the
<br />City's Personnel Rules and Regulations, or any subsequent related resolutions, or past City
<br />practices related to the employment, discipline or termination of the City's employees.
<br />Employee expressly waives any rights provided for the City Manager under the City's Personnel
<br />Rules and Regulations, Municipal Code, or under other local, state or federal law to any other
<br />form of pre- or post -termination hearing, appeal, or other administrative process pertaining to
<br />termination. Nothing herein shall be construed to create a property interest, where one does not
<br />exist by rate of law, in the position of City Manager.
<br />(a) Termination by the City for Cause. The City may terminate this Agreement
<br />at any time by providing Employee with prior written notice of the termination for cause and the
<br />facts and grounds constituting such cause. The term "cause" shall be defined to include any
<br />misconduct materially related to performance of official duties, including, but not be limited to,
<br />any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2)
<br />r6sum6 fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave,
<br />(4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice,
<br />honesty, or morality) or abuse of position as City Manager, (5) conviction of a felony under
<br />California law, (6) violation by Employee of the City's anti -harassment policies, as may be
<br />amended, or a finding a legally prohibited personal act of harassment against a City official or
<br />employee or legally prohibited personal act of discrimination against a City official or employee
<br />has occurred and Employee was aware or should have been aware of that act, (7) violation of state
<br />law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in
<br />violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol
<br />that materially affects the performance of required duties as City Manager, (10) engaging in
<br />conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or
<br />unethical act involving personal gain, including conviction of theft or attempted theft, (12)
<br />Employee's significant mismanagement of City finances, (13) any pattern of repeated, willful and
<br />intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15)
<br />failure to comply with the ICMA Code of Ethics, as may be amended; or (16) any similar cause.
<br />For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid
<br />administrative leave until resolution. If the City terminates, for cause, this Agreement and the
<br />services of Employee hereunder, then the City shall have no obligation to pay Employee any
<br />severance pursuant to section 4, below.
<br />(b) Termination by the City without Cause. The City may terminate Employee
<br />without cause, with no less than a sixty (60) day notice of intention to terminate his employment,
<br />4
<br />L:\ca\Agroements\EmploymetitAgreemonts\City Managcr\Charloe M. Duggan Ir\v.3.fn I.City Mmagcr Employment Ageemeut September 2022.docx.jn
<br />
|