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Res 2007-156
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Res 2007-156
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2/19/2008 1:21:44 PM
Creation date
8/22/2007 1:19:43 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2007-156
Date
8/21/2007
Volume Book
172
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B. The City also agrees to budget for and to pay for travel and subsistence expenses of <br />Employee for short courses, institutes, and seminars that are necessary for his professional <br />development and for the good of the City. <br />Section 12: Indemnification <br />The City shall provide for indemnification and defense of the Employee in accordance with the <br />provisions found in the San Marcos City Code, Section 2.374. The City shall bear the full cost <br />of any fidelity or other bonds or other insurance required of the Employee under law or <br />ordinance by virtue of this employment, <br />Section 13: Termination <br />A. Termination without Cause The City may terminate this Agreement at any time without <br />cause. For the purpose of this agreement, termination shall occur when: <br />1. The majority of the governing body votes to terminate the Employee at a duly authorized <br />public meeting; <br />2. The City reduces the base salary, compensation or any other financial benefit of the <br />Employee, unless it is applied in no greater percentage than the average reduction of all <br />department heads; <br />B. Termination for Cause: The City may terminate the Employee for cause. Such termination <br />shall require the majority vote of the City Council and shall be preceded by notice to <br />Employee. For purposes of this Agreement, "cause" shall include, without limitation, the <br />following: <br />1. Misconduct in connection with the performance of any of Employee's duties, including, <br />without limitation, misappropriation of funds or property of the City, securing or <br />attempting to secure any personal profit or commercial advantage in connection with any <br />transaction entered into by the City, any falsification or misrepresentation of fact, or any <br />violation of law or regulation to which the City is subject; <br />2. Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether <br />committed within or outside the scope of Employee's employment hereunder. <br />C. Notice to the Employee of proposed termination: Employee shall be given written notice of <br />the Council's intent to terminate Employee and the date of a hearing to be conducted in an <br />executive session of the Council at least ten (10) calendar days prior to such hearing and <br />termination Employee shall be given the opportunity to present evidence at the hearing in <br />response to such proposed termination. Employee's failure to appear at such hearing does <br />not prohibit the Council from taking action to terminate Employee. Employee shall have the <br />option to request a public hearing. <br />D. Resignation by Employee, In the event Employee voluntarily resigns his position with the <br />City during the term of this Agreement, then Employee shall give the City 30 days notice in <br />advance, unless the parties agree otherwise in writing. <br />Page 4 of 6 <br />
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