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Agreement for Employment of ASSISTANT CITY MANAGER <br />Between the City of San Leandro and Elizabeth Warmerdam <br />Page 2 of 4 <br />a. Assistant City Manager shall serve the City and perform the functions and duties <br />of the position of Assistant City Manager as specified in the City’s Charter, Administrative Code <br />and Municipal Code; the Ordinances and Resolutions of the City; and any other legally <br />permissible and proper duties and functions as the City Manager may from time to time assign. <br />b. Assistant City Manager shall be responsible for and shall report to the City <br />Manager for the proper performance of all duties and functions assigned to Assistant City <br />Manager. <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 Assistant City Manager is terminated for cause, moved from the Assistant City <br />Manager to a different position within the City such that this agreement becomes unnecessary <br />or inapplicable, or voluntarily resigns from her employment with CITY, she shall not be entitled <br />to severance. For purposes of this Agreement, the phrases “for cause,” “with cause” and <br />“without cause” relate only to Assistant city Manager’s potential entitlement to severance, and <br />do not alter the Assistant City Manager’s at-will status. <br />b. Without Cause. Eligibility for severance is established if the Assistant city <br />Manager is terminated without cause. If the City terminates this Agreement without “cause” <br />before December 31, 2022, Assistant City Manager shall be compensated for all unused <br />vacation leave; and paid a lump sum amount equal to Assistant City Manager’s annual base <br />salary; and provided health benefits for a period of six (6) months from receipt of written <br />termination notice. Said payment of severance pay shall be conditioned upon Assistant City <br />Manager signing an agreement to waive and release any and all claims against the City in a <br />form acceptable to the City. Assistant City Manager shall receive the severance payment in a <br />lump sum payment, less all applicable deductions, within fif teen (15) business days after <br />execution of the waiver and release agreement. <br />c. For Cause. If Assistant City Manager is terminated “for cause,” City shall not <br />owe any severance under this Agreement. The determination of whether Assistant City <br />Manager is terminated “for cause” shall be made in the complete discretion of the City. A <br />termination “for cause” may 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 Assistant City Manager’s fitness <br />to perform assigned duties; <br />(vii) Conviction of a crime involving an abuse of office or position, as defined <br />in Government Code Section 53243.4; <br />(viii) Unauthorized absence from employment; <br />(ix) Improper use of City funds or property; <br />(x) Willful misconduct or malfeasance; <br />(xi) Any act of moral turpitude or dishonesty; <br />(xii) Other failure of good behavior either during or outside of employment <br />such that the Assistant City Manager’s conduct causes discredit to the <br />City. <br />379