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(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 employment <br />such that the Manager's conduct causes discredit to the City. <br />f. Removal of Manager by the City shall be effected only by a majority vote of the <br />whole City Council as constituted and convened in a regular City Council meeting. However, <br />pursuant to section 400 of the City Charter, Manager shall not be removed from the position of <br />City Manager without cause during or within a period of ninety (90) days succeeding any regular <br />or special municipal election held in the City at which election a member of the City Council is <br />elected; the purpose of this provision is to allow any newly elected member of the City Council <br />or a reorganized City Council to observe the actions and ability of Manager in the performance <br />of the powers and duties as City Manager. <br />7. Compensation and Benefits <br />a. The City Council acknowledges that on January 30, 2012, the effective date of the <br />City's first agreement with Manager, the City Council and Manager agreed that Manager's annual <br />base salary ("Annual Base Salary") would be two hundred twenty-three thousand dollars and no <br />cents ($223,000.00). The parties agree that effective January 30, 2015, Manager's Annual Base <br />Salary of $223,000.00, which has remained unchanged since January 30, 2012, shall be adjusted <br />automatically and every year thereafter during the term of this Agreement by the Consolidated <br />Metropolitan Statistical Area (CMSA) Consumer Price Index covering San Francisco, Oakland, <br />and San Jose (commonly known and referred to as the "CPI"). However, if the CPI for a <br />particular year is a negative number, then Manager's Annual Base Salary shall remain equal to the <br />then current adjusted Annual Base Salary for the immediately preceding year. The City Council <br />shall review and evaluate Manager's performance through the term of this Agreement pursuant <br />to the provisions of Section 13. The City Council may consider adjusting Manager's Annual <br />Base Salary every year, but no less than the annual adjustment attributable to the CPI described <br />herein, subject to a performance evaluation. <br />(i) As approved by the City Council on November 19, 2012, and effective <br />January 1, 2013 to December 31, 2017, the City Council acknowledges that Manager voluntarily <br />contributes twenty thousand dollars ($20,000.00) per year (at $10,000.00 each) of his Annual <br />Base Salary of $223,000.00 towards the salaries of the Police Chief and the Assistant City <br />Manager, respectively. The Manager's voluntary contribution creates for him an effective base <br />salary of $203,000.00 (the Manager's "Effective Base Salary"). <br />The City Council hereby agrees that Manager is entitled to the return — on a pro rata basis — of <br />voluntary contribution made towards the annual base salaries of the Police Chief and the <br />Assistant City Manager, respectively, if the employment of either or both persons as the Police <br />Chief and Assistant City Manager terminates before the end of the terms of their respective <br />employment agreements. In such an instance, the pro rata return of Annual Base Salary shall be <br />paid back to Manager through his regular salary distribution. <br />11 <br />