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3. At -Will Emplovment <br />Manager is an "at -will" employee who shall serve at the pleasure of the City Council. <br />The City Council may terminate Manager's employment under this Agreement, at any time, with <br />or without cause. This provision may not be altered except by a written instrument executed by <br />Manager, and formally approved by the City Council, which specifically references this <br />Agreement and this Section. <br />4. Duties and Responsibilities <br />a. Manager shall serve as the City Manager of the City in accordance with the <br />powers, duties, and responsibilities set forth in the City of San Leandro Charter, the Municipal <br />Code, and California law. Manager shall perform the functions and execute the duties specified <br />by the laws of the State of California; the City's Charter; the City's Municipal Code; the City's <br />Ordinances and Resolutions; and such other functions and duties as the City Council may from <br />time to time assign. <br />b. Manager agrees to devote his productive time, ability, and attention to the City's <br />business. For the duration of this Agreement, Manager shall not hold secondary employment, <br />and shall be employed exclusively by the City, subject to any exceptions approved in writing by <br />the City Council. <br />C. Manager shall be responsible to the City Council for the proper administration of <br />all affairs of the City. Manager shall administer and enforce policies established by the City <br />Council, and promulgate rules and regulations as necessary to implement City Council policies. <br />5. Hours of Work <br />Manager shall be an exempt employee under FLSA and shall not receive overtime or <br />extra compensation for work performed outside of normal City business/office hours. Manager <br />is appointed to manage the City's business with twenty-four hour and seven days a week <br />responsibility and is expected to devote necessary time outside normal office hours to the <br />business of the City. Thus, Manager's schedule of work each day and week may vary in <br />response to the requirements of the work to be performed. However, Manager is expected to <br />spend sufficient hours at San Leandro City Hall to perform his duties. City shall provide <br />Manager, at City's cost and expense and Manager's sole discretion to use or accept, any and all <br />equipment, communication devices including a smartphone and tablet, a vehicle including but <br />not limited to gasoline and insurance with coverages recommended by the City's Finance <br />Director, and other implements reasonably necessary for Manager to carry out his duties in <br />accordance with this Section. <br />6. Termination of Emnlovment and Severance <br />a. Manager may terminate this Agreement and his employment with the City with <br />or without cause, by giving the City one hundred eighty (180) days written notice in advance of <br />termination. During the notice period, all of the rights and obligations of the parties to this <br />Agreement shall remain in full force and effect. <br />2 <br />