10C Action 2012 0117 - Laserfiche WebLink

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employment with the City with or without cause at any time. For purposes of this Agreement, the phrases "for cause" or "with cause" only relate to Manager's potential entitlement to severance, and do not alter his at -will status. Further, pursuant to Government Code Section 53243.2, regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Manager may receive from City shall be fully reimbursed to the City if Manager is convicted of a crime involving an abuse of his or her office or position. C. In the event Cary terrninates Manager's employment without cause, the Manager shall be entitled to severance pay of a lump sum payment equal to six (6) months base salary and benefits, as described in Section 7 of this Agreement. Said payment of severance pay shall be conditioned upon Manager signing a waiver and release agreement forever releasing and waiving any and all claims in a form acceptable to the City. Manager shall receive the severance payment in a lump sum payment minus all applicable deductions fifteen (15) business days after execution of the waiver and release agreement. Manager shall not receive any severance payments if such a waiver and release agreement is not executed by the parties. d. Manager shall receive payment for all accrued unused vacation at the time of his separation from employment. e. If Manager is terminated "for cause," the City shall not owe any severance under this Agreement. The determination about whether Manager is terminated "for cause" shall be made in the complete discretion of the City. A termination "for cause" may include, but shall not be limited to, the following: (i) Violation of administrative policies and procedures; (ii) Failure to properly perform assigned duties; (iii) Theft of City property, (iv) Insubordination; (v) Conviction of a felony; (vi) Conviction of a misdemeanor relating to Manager's fitness to perform assigned duties; (vii) Conviction of a crime involving an abuse of office or position, as defined in Government Code Section 53243.4; (viii.) Unauthorized absence from employment; (ix) Improper use of City funds; (x) Unauthorized use of City property, (xi) Willful misconduct or malfeasance; (xii) Any act of moral turpitude or dishonesty; and (xiii) Other failure of good behavior either during or outside of employment such that the Manager's conduct causes discredit to the City. f. Removal of Manager by the City shall be effected only bya majority vote of the whole City Council as then constituted, convened in a regular Council meeting. However, Agreement for Employment of City Manager Between the City of San Leandro and Chris Zapata Page 3 of 7