Res 2002-169 - Laserfiche WebLink

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(2) a majority of the City Council votes to suspend Employee for cause provided, however, that Employee shall have been given written notice setting forth any charges at least 10 days prior to such action by the City Council members bringing such charges. At the request of the Employee, the City Council shall hold a public hearing on said charges prior to a vote to suspend Employee. Section 4: Termination and Severance Pay A. In the event Employee is terminated by the City Council during the term ofthis agreement and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 6 months aggregate salary, benefits, and deferred compensation. Employee shall also be compensated for all earned vacation, holidays, and other accrued benefits to date; and up to 60 days sick leave will be paid upon tennination. In the event Employee is terminated for cause or conviction of a felony or crime of moral turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits hereinabove described, but shall only be obligated to pay salary up to and including the date oftermination. B. In the event Employer at any time/during the term ofthis agreement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a decision, whether forn1al or infonnal, with the City Council that he resign, then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context ofthe herein severance pay provision. Section 5: Resignation In the event Employee voluntarily resigns his position with Employer during the term of this agreement, then Employee shall give Employer 30 days notice in advance, unless the parties agree otherwise in writing. Section 6: Disability If Employee is pennanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the severance pay requirements of Section 4, Paragraph A. Section 7: Salary Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary to be determined by the City Council as set out in the City Budget, payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may detennine that is desirable to do so on the basis of annual salary review as a part of the annual perfonnance evaluation process and at any other time the City Council deems appropriate. Section 8: Performance Evaluation A. The City Council shall review and evaluate the performance ofthe Employee at such times determined appropriate by the City Council. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of Section 2.021 ofthe San Marcos City Code. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further, the Mayor of the City of San Marcos shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his 2