Res 2025-146 approving a restated employment agreement and a severance agreement for the City Clerk

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B. Termination for Cause:The City may terminate the Employee for cause.Such termination shall require the majority vote of the City Council and shall be preceded by notice to Employee. For purposes of this Agreement, "cause" shall include, without limitation,the following: 1. Misconduct in connection with the performance of any of Employee's duties, including, without limitation, misappropriation of funds or property of the City,securing or attempting to secure any personal profit or commercial advantage in connection with any transaction entered into by the City, any falsification or misrepresentation of fact, or any violation of law or regulation to which the City is subject. 2. Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether committed within or outside the scope of Employee's employment hereunder. 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 her 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: 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: Elizabeth Trevino City Clerk's Office, City of San Marcos 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 competent jurisdiction The cost of such arbitration shall be borne equally by the parties. Arbitration shall be in accordance with the Federal Arbitration Act ("FAA ") or, if the FAA is found to be inapplicable,then in accordance with the Texas General Arbitration Act. Page 4 of 5