Res 2008-061 - Laserfiche WebLink

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C. Notice to the Employee of proposed termination: Employee shall be given written notice of the Council's intent to terminate Employee and the date of a hearing to be conducted in an executive session of the Council at least ten (10) calendar days prior to such hearing and termination. Employee shall be given the opportunity to present evidence at the hearing in response to such proposed termination. Employee's failure to appear at such hearing does not prohibit the Council from taking action to terminate Employee. Employee shall have the option to request a public hearing. D. Resignation by Employee. In the event Employee voluntarily resigns his position with the City during the term of this Agreement, then Employee shall give the City 30 days notice in advance, unless the parties agree otherwise in writing. Section 14: Severance A. Termination without cause: 1. The City will pay Employee a lump sum cash payment for all salary, earned unused vacation (the same as general employees), earned unused sick leave (up to 90 days), and other benefits that were earned but unused as of the last day of active employment. 2. The City will pay the Employee a lump sum cash payment equal to six (6) months salary. This payment is contingent upon a waiver and release of all claims against the City in a form acceptable to the City. B. Termination for cause: In the event Employee is terminated for cause as defined in this document, the City shall have no obligation to pay the severance pay and severance benefits designated in this Agreement. C. Resignation by Employee: The City will pay Employee a lump sum cash payment for all salary, earned unused vacation (the same as general employees), earned unused sick leave (up to 90 days), and other benefits that were earned but unused as of the last day of active employment. Section 15: Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) CITY: Mayor City of San Marcos 630 East Hopkins San Marcos, Texas 78666 (2) EMPLOYEE: Rick Menchaca City Manager's Office 630 East Hopkins San Marcos, Texas 78666 Alternatively, notices required pursuant to this Agreement may be personally delivered. Notice shall be deemed given as of the date of personal delivery. Section 16: Arbitration Any and all disputes arising out of or relating to this Agreement, or the Employee's employment with the City or the termination thereof, shall be resolved solely by arbitration in San Marcos, Texas under the then existing rules of the American Arbitration Association for employment dispute resolution. Judgment upon the award rendered may be entered in any court of Page 4 of 6