Resolution 8605 - Laserfiche WebLink

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17. Resignation. In the event EMPLOYEE voluntarily resigns his position with the CITY, EMPLOYEE shall provide the CITY with written notification of his resignation at least 30 days prior to the effective date, unless the COUNCIL consents to a shorter notification period. If proper notification of the resignation is provided to the CITY, EMPLOYEE shall be entitled to his accrued vacation and sick leave benefits in accordance with the relevant provisions of the CITY'S Personnel Manual. If proper notification of the resignation is not provided by EMPLOYEE, payment of such benefits shall be made at the discretion of the COUNCIL. 18. Termination and Severance Pay. EMPLOYEE will serve at the will of the COUNCIL and may be terminated with or without cause at any time. In the event EMPLOYEE is terminated by the COUNCIL and the EMPLOYEE is willing and able to perform his duties under this agreement, the CITY agrees to pay EMPLOYEE his then current salary and benefits for a period of six months. The CITY'S obligation to pay severance shall terminate if EMPLOYEE successfully obtains a position of comparable responsibility and compensation. In the event the COUNCIL authorizes to pay severance, the EMPLOYEE will not be entitled to accrue additional vacation, sick leave or holidays during the period that severance is paid. In the event the CITY at any time during the term of this agreement reduces the salary or other financial benefits of EMPLOYEE by a greater percentage than an applicable across- the-board reduction for all employees of the CITY, or in the event the CITY refuses, following written notice, to comply with any other provision benefiting EMPLOYEE herein, or the EMPLOYEE resigns following a suggestion by a majority of the COUNCIL that he resign, then, in that event the 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. In the event EMPLOYEE is terminated because of malfeasance in office, gross misconduct or conduct that could lead to the conviction of a felony or any other crime involving personal gain to EMPLOYEE, then EMPLOYER shall have no obligation to pay the severance benefits to EMPLOYEE. If EMPLOYEE is subsequently determined by a court not to have committed the felony or other crime involving personal gain for which EMPLOYEE was terminated by the CITY, EMPLOYEE shall be entitled to payment of his severance in a lump sum payment. Upon the effective date of the EMPLOYEE'S termination, the City shall pay EMPLOYEE for all earned and accrued sick leave and vacation hours in accordance with the CITY'S Personnel Manual in effect as of July 11, 2016. 19. Market Rate Adjustment. EMPLOYER shall, from time to time as may be mutually agreeable, complete a Salary Compensation Study on the City Administrator position to be compliant with the policies of the CITY'S Personnel Manual. Employment Agreement for James Ericson Revised July 1,2016 Page 4 of 5