Res 1998-058 - Laserfiche WebLink

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B. In the event Employer at any time during the term of this 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 formal or informal, 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 of the 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 permanently 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 determine that is desirable to do so on the basis of annual salary review as a part of the annual performance 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 of the 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 of the 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 evaluation with the City Council. 3