Res 2002-169 - Laserfiche WebLink

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33. EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND DANIEL J. O'LEARY FOR THE POSITION OF CITY MANAGER THIS AGREEMENT is entered into on August 26, 2002, by and between the City of San Marcos, Texas, a municipal corporation, hereinafter called "Employer," and Daniel J. O'Leary, hereinafter called "Employee," both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Daniel J. O'Leary as City Manager of the City of San Marcos, as provided by Sec. 4.01 ofthe City Charter; and WHEREAS, it is the desire ofthe governing body, hereinafter called "City Council," to provide certain benefits, to establish certain conditions of employment, and to set working conditions of said Employee; and WHEREAS, Employee desires to continue employment as City Manager of said City of San Marcos; and WHEREAS, the parties acknowledge that Employee intends to become a member of the International City/County Management Association (lCMA) and the Texas City Management Association (TCMA), and that Employee will be subject to the rules of professional responsibility of these organizations; NOW THEREFORE, in consideration ofthe mutual covenants herein contained, the parties agree as follows: Section 1: Duties Employer hereby agrees to employ said Daniel J. O'Leary as City Manager of said Employer to perform the functions and duties specified in said Sec. 4.01 ofthe City Charter and applicable provisions ofthe City Code and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer during the term ofthis agreement, and agrees not to become employed by any other employer until said termination as hereinafter provided, except as provided in Section 10 hereof. B. In the event written notice is not given by either party to this agreement to the other thirty (30) days prior to the termination as hereinafter provided, this agreement shall be extended on the same terms and conditions as herein provided, annually, without further action. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to tenninate the services of Employee at any time, subject only to the provisions set forth in this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in this agreement. Section 3: Suspension Employer may suspend the Employee with full pay and benefits at any time during the term ofthis agreement, but only if (1) a majority ofthe City Council and Employee agree, or