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Council's intent to terminate Employee and the date of a hearing to be conducted in an executive <br />session of the Council at least ten (10) calendar days prior to such hearing and termination <br />Employee shall be given the opportunity to present evidence at the hearing in response to such <br />proposed termination. Employee's failure to appear at such hearing does not prohibit the Council <br />from taking action to terminate Employee. Employee shall have the option to request a public <br />hearing. <br />D. Resignation by Employee. In the event Employee voluntarily resigns his position with the City during <br />the term of this Agreement, then Employee shall give the City 30 days' notice in advance, unless <br />the parties agree otherwise in writing. <br />Section 14: Severance <br />A. Termination without cause: <br />1. The City will pay Employee a lump sum cash payment for all salary, earned unused vacation (the <br />same as general employees), earned unused sick leave (up to 45 days), and other benefits that <br />were earned but unused as of the last day of active employment (the same as general employees. <br />2. The City will pay the Employee a lump sum cash payment equal to twelve (12) months' salary. <br />This payment is contingent upon a waiver and release of all claims against the City in a form <br />acceptable to the City. <br />B. Termination for cause: The City will pay Employee a lump sum cash payment for all salary, earned <br />unused vacation* (the same as general employees), earned unused sick leave (up to 45 days), and <br />other benefits that were earned but unused as of the last day of active employment (the same as <br />general employees). <br />C. Resignation by Employee. The City will pay Employee a lump sum cash payment for all salary, <br />earned unused vacation (the same as general employees), earned unused sick leave (up to 45 days), <br />and other benefits that were earned but unused as of the last day of active employment (the same <br />as general employees). <br />D. The Employee's earned sick and vacation leave forfeited at separation from prior employment <br />(November 23, 2022) shall be reinstated. <br />E. Vacation leave payout: <br />1. Payout at separation from employment will be calculated based on total years of service with <br />City. <br />2. The payout for unused vacation will be reduced by the 240 hours previously paid. <br />Section 15: Notices <br />Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal <br />Service, postage prepaid, addressed as follows: <br />(1) CITY: Mayor <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />(2) EMPLOYEE: <br />Samuel J. Aguirre <br />Legal Department, City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Page 4 of 6 <br />