Agmt 2012 Marshall_Lianne - Laserfiche WebLink

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3. At - Will Employment The ASSISTANT" is an "at -will" employee who shall serve at the pleasure of the City Manager. Accordingly the City Manager may terminate ASSISTANT's employment under this Agreement at any time with or without cause. 4. Dunes and Responsibilities a. ASSISTANT shall serve the CITY and perform the functions and duties of the position of Assistant City Manager as specified under the laws of the State of California (including but not limited to the Government Code and the Penal Code); the CITY's Charter, Administrative Code and Municipal Code; the Ordinances and Resolutions of the CITY; and any other legally permissible and proper duties and functions as the City Manager may from time to time assign. • b. ASSISTANT shall be responsible to the City Manager for the proper performance of all duties and functions assigned to ASSISTANT. 5. Termination of Employment and Severance a. This agreement may be terminated with or without cause by the City Manager. In the event ASSISTANT is terminated for cause, or voluntarily resigns, she shall not be entitled to severance. For purposes of this Agreement, the phrases "for cause," "with cause" and "without cause" relate only to ASSISTANT's potential entitlement to 'severance, and does not alter her at -will status. b. Without Cause. In the event ASSISTANT is terminated "without cause ", before December 31, 2017, she is eligible for severance and will be compensated as severance pay for all vacation leave and sick leave, as described in Section 5 (e) of this Agreement, and will be paid in a lump sum in an amount equal to ASSISTANT's full salary, health benefits and cash benefits for a period of five (5) months from receipt of written termination notice. Said payment of severance pay shall be conditioned upon ASSISTANT signing a waiver and release agreement forever releasing and waiving any and all claims in a form acceptable to the City. ASSISTANT shall receive the severance payment in a lump sum payment minus all applicable deductions within fifteen (15) business days after execution of the waiver and release agreement. c. For Cause. If ASSISTANT is germinated "for cause," the CITY shall not owe any severance under this Agreement. 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) Conviction of a felony; (v) Conviction of a crime involving an abuse of office or position, as defined in Government Code Section 53243.4; (vi) Improper use of CITY funds or property; (vii) Willful misconduct; Agreement for Employment of Assistant City 'Manager Between the City of San Leandro and Lianne Marshall Page 2of6