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Agmt 2012 Spagnoli_Sandra
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Agmt 2012 Spagnoli_Sandra
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12/12/2012 3:05:03 PM
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12/12/2012 3:05:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
12/12/2012
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Reso 2012-122
(Approved by)
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\City Clerk\City Council\Resolutions\2012
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• <br /> 3. At -Will Employment <br /> Police Chief is an "at -will" employee who shall serve at the pleasure of the City Manager. <br /> Accordingly the City Manager may terminate CHIEF's employment under this Agreement at <br /> any time with or without cause. <br /> 4. Duties and Responsibilities <br /> a. CHIEF shall serve the CITY and perform the functions and duties of the <br /> position of Chief of Police as specified under the laws of the State of California (including but <br /> not limited to the Government Code and the Penal Code); the CITY's Charter, Administrative <br /> Code and Municipal Code; the Ordinances and Resolutions of the CITY; and any other legally <br /> permissible and proper duties and functions as the City Manager may from time to time assign. <br /> b. CHIEF shall be responsible to the City Manager for the proper performance of <br /> all duties and functions assigned to CI -LIEF. <br /> 5. Termination of Employment and Severance <br /> a. This agreement may be terminated with or without cause by the City Manager. <br /> In the event CHIEF is terminated for cause, or voluntarily resigns, she shall not be entitled to <br /> severance. For purposes of this Agreement, the phrases "for cause," "with cause" and "without <br /> cause" relate only to CHIEF's potential entitlement to severance, and do not alter her at -will <br /> status. <br /> b. Without Cause. In the event CHIEF is terminated "without cause ", before <br /> December 31, 2017, she is eligible for severance and will be compensated for all vacation leave <br /> and sick leave, as described in Section 5 (e) of this Agreement, will be paid in a lump sum in an <br /> amount equal to CHIEF's full salary, health benefits and cash benefits for a period of five (5) <br /> months from receipt of written termination notice. Said payment of severance pay shall be <br /> conditioned upon CHIEF signing a waiver and release agreement forever releasing and waiving <br /> any and all claims in a form acceptable to the City. CHIEF shall receive the severance payment <br /> in a lump sum payment minus all applicable deductions within fifteen (15) business days after <br /> execution of the waiver and release agreement. <br /> c. For Cause. If CHIEF is terminated "for cause," the CITY shall not owe any <br /> severance under this Agreement. A termination "for cause" may include, but shall not be <br /> limited to, the following: <br /> (i) Violation of administrative policies and procedures; <br /> (u) Failure to properly perform assigned duties; <br /> (iii) Theft of CITY property; <br /> (iv) Conviction of a felony; <br /> (v) Conviction of a crime involving an abuse of office or position, as defined <br /> in Government Code Section 53243.4; <br /> (vi) Improper use of CITY funds or property; <br /> (vii) Willful misconduct; <br /> (viii) Any act of dishonesty. <br /> • <br /> Agreement for Employment of Chief of Police <br /> Between the City of San Leandro and Sandra Spagnoli <br /> Page 2 of 6 <br />
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