2005-03-09 Handouts - Laserfiche WebLink

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A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A and B, of this agreement. B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 3, paragraph C, of this agreement. C. Employee agrees to serve in the employ of Employer on an "at will" basis subject to provisions set forth in Section 3, paragraphs A, S, C of this agreement. Section 3. Termination and Severance Pay A. In the event the Council desires to terminate the Employee during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to give the Employee throe months' at least one (1) month notice of termination, during which time the Employee will continue to perform his duties. If tho Employee haG not found alternati'/e emflloyment by the end of three monthG, the Employer agrees to pay Employee an adElitionallump cum cash payment equal to three months' ag~reg;)te salary. The Employer may at its option, pay a throe one month severance benefit at the first notification and release the Emplovee from further duties upon notification. The provisions of this paragraph A do not apply if the Employee is terminated because of his conviction of any illegal act involving personal gain to him, an act constitutinQ a Qross misdemeanor or an act involvinQ moral turoitude. In the event of such conviction that event, the Employer shall have no obligation to provide the notice or severance payment provided in this paragraph. S. In the event Employer at any time during the tenm of this agreement.:..1} reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer; 2) reduces Emplovee's benefits below that outlined in the City's personnel policies: 3) or in the event Employer refuses, following written notice, to comply with any other provision in this AQreement. benefiting Employee herein, .;..or 4) requests that the Employee resigns following a request, '....hether f-ormal or inf-ormal, by the Council that he resign and Emplovee complies with said request, then, in that event, Employee may, at his option, be deemed to be "terminated" at the date of such reduction~ or such refusal or request to comply within the meaning and context of the herein severance pay provision. C. The Employee shall give Employer 45 days notice in advance, unless the parties otherwise agree to voluntary resignation. The Employee will not be paid any severance pay if he voluntarily resigns, but the Employee shall be entitled to accrued benefits as outlined in the City's personnel policies. but unused personal leave, vacation, holidays and other accrued benefits. (Comment - the potential size of the severance at three months advance notice and then three months salary appears to be a greater payment than the City would expect. The acts resulting in termination should include embarrassing items to the City. Moral turpitude is related to crimes of honesty. Question why holidays or other leave would be paid in any manner other than personnel policy provisions). 2