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