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Agreement for Employment of Police Chief <br />Between the City of San Leandro and Jeffrey Tudor <br />Page 2 of 5 <br /> Police Chief is an “at-will” employee who shall serve at the pleasure of the City Manager <br />per City Charter Article IV, Section 420. Accordingly, the City Manager may terminate <br />CHIEF’s employment under this Agreement at 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 Police Chief as specified under the laws of the State of California (including but not <br />limited to the Government Code and the Penal Code); the CITY’s Charter, Administrative Code <br />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. <br />b. CHIEF shall be responsible to the City Manager for the proper performance of all duties and functions assigned to CHIEF. <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, moved from CHIEF to a different position within <br />the San Leandro Police Department, or voluntarily resigns from his employment with CITY, he <br />shall not be entitled to severance. For purposes of this Agreement, the phrases “for cause,” <br />“with cause” and “without cause” relate only to CHIEF’s potential entitlement to severance, and <br />do not alter his at-will status. <br />b. Without Cause. In the event CHIEF is terminated without cause, he is eligible <br />for severance. If the CITY terminates this Agreement without “cause” before January 30, 2020, <br />CHIEF will be compensated for all vacation leave and will be paid in a lump sum in an amount <br />equal to CHIEF’s annual base salary and health benefits for a period of five (5) months from <br />receipt of written termination notice. Said payment of severance pay shall be conditioned upon <br />CHIEF signing a waiver and release agreement forever releasing and waiving any and all claims <br />in a form acceptable to the City, CHIEF 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. <br />c. For Cause. If CHIEF is terminated “for cause,” the CITY shall not owe any <br />severance under this Agreement. The determination about whether Chief is terminated “for <br />cause” shall be made in the complete discretion of the City. A termination “for cause” may <br />include, but 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 Chief’s fitness to perform <br />assigned duties;