Employment_Agreement_Police_Chief_-_A._Averiett_SIGNED

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Agreement for Employment of Police Chief Between the City of San Leandro and Angela Averiett Page 2 of 5 a. CHIEF shall serve the CITY and perform the functions and duties of the position of Police Chief as specified under the laws of the State of California (including but not limited to the Government Code and the Penal Code); the CITY’s Charter, Administrative Code 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. b. CHIEF shall be responsible to the City Manager for the proper performance of all duties and functions assigned to CHIEF. 5. Termination of Employment and Severance a. This agreement may be terminated with or without cause by the City Manager. In the event CHIEF is terminated for cause, moved from CHIEF to a different position within the San Leandro Police Department, or voluntarily resigns from her employment with CITY, she shall not be entitled to severance. For purposes of this Agreement, the phrases “for cause,” “with cause” and “without cause” relate only to CHIEF’s potential entitlement to severance, a nd do not alter her at-will status. b. Without Cause. In the event CHIEF is terminated without cause, she is eligible for severance. If the CITY terminates this Agreement without “cause” before June 3, 2027, CHIEF will be compensated for all vacation leave and will be paid in a lump sum in an amount equal to CHIEF’s annual base salary and health benefits for a period of six (6) months from receipt of written termination notice. Said payment of severance pay shall be conditioned upon CHIEF executing a waiver and release agreement forever releasing and waiving any and all claims in a form acceptable to the City. If CHIEF executes the aforementioned waiver and release agreement, CHIEF shall receive the severance in a lump sum payment, less all applicable deductions, within fifteen (15) business days after execution of the waiver and release agreement. c. For Cause. If CHIEF is terminated “for cause,” the CITY shall not owe any severance under this Agreement. The determination about whether Chief is terminated “for cause” shall be made in the complete discretion of the City. A termination “for cause” may include, but shall not be limited to, the following: (i) Violation of administrative policies and procedures; (ii) Failure to properly perform assigned duties; (iii) Theft of CITY property; (iv) Insubordination (v) Conviction of a felony; (vi) Conviction of a misdemeanor relating to Chief’s fitness to perform assigned duties; (vii) Conviction of a crime involving an abuse of office or position, as defined in Government Code Section 53243.4; (viii) Unauthorized absence from employment; (ix) Improper use of CITY funds or property; (x) Willful misconduct or malfeasance; (xi) Any act of moral turpitude or dishonesty; (xii) Other failure of good behavior either during or outside of employment such that the Chief’s conduct causes discredit to the City.