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Res 2023-063/appointing Samuel J. Aguirre as City Attorney; approving his employment agreement; authorizing the Mayor to execute the agreement
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Res 2023-063/appointing Samuel J. Aguirre as City Attorney; approving his employment agreement; authorizing the Mayor to execute the agreement
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8/14/2023 10:36:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2023-063
Date
3/21/2023
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Section 9: Outside Activities <br />Employee shall not spend more than 10 hours per week in teaching, consulting or other non -City <br />connected business without the prior approval of the City Council. <br />Section 10: Dues and Subscriptions <br />The City agrees to budget and to pay for professional dues and subscriptions of Employee necessary <br />for his continuation and full participation in national, regional, state, and local associations and <br />organizations necessary and desirable for his continued professional participation, growth, and <br />advancement, and for the good of the City. <br />Section 11: Professional Development <br />A. The City agrees to budget for and to pay for travel and subsistence expenses of Employee for <br />professional and official travel, meetings, and occasions adequate to continue professional <br />development of Employee and to adequately pursue necessary or official functions for the City, <br />including but not limited to the Texas Municipal League and such other national, regional, state, <br />and local government groups and committees of which the Employee serves as a member. <br />Participation in said professional development activities shall be considered a part of the Employee's <br />work-related duties and Employee shall not be required to use accrued leave for such participation. <br />B. The City also agrees to budget for and to pay for travel and subsistence expenses of Employee for <br />short courses, institutes, and seminars that are necessary for his professional development and for <br />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 of any <br />fidelity or other bonds or other insurance required of the Employee under law or ordinance by virtue of <br />this employment. <br />Section 13: Termination <br />A. Termination without Cause: The City may terminate this Agreement at any time without cause. <br />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 public <br />meeting. <br />2. The City reduces the base salary, compensation, or any other financial benefit of the Employee, <br />unless it is applied in no greater percentage than the average reduction of all department heads. <br />B. Termination for Cause: The City may terminate the Employee for cause. Such termination shall <br />require the majority vote of the City Council and shall be preceded by notice to Employee. For <br />purposes of this Agreement, "cause" shall include, without limitation, the following: <br />1. Misconduct in connection with the performance of any of Employee's duties, including, without <br />limitation, misappropriation of funds or property of the City, securing or attempting to secure any <br />personal profit or commercial advantage in connection with any transaction entered into by the <br />City, any falsification or misrepresentation of fact, or any violation of law or regulation to which <br />the City is subject. <br />2. Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether committed <br />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 the <br />Page 3 of 6 <br />
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