Laserfiche WebLink
that is determined to be materially injurious to the City by the City <br />Commission. For purposes of this Agreement, an act, or failure to act, shall <br />not be deemed willful or intentional, as those terms are utilized herein, <br />unless it is done, or omitted to be done, by the City Manager in bad faith or <br />without a reasonable belief that his action or omission was in the best <br />interest of the City. Failure to meet performance expectations does not <br />constitute "Cause." <br />b. Nothing in this Agreement shall prevent, limit or otherwise interfere with the <br />right of the City to terminate the employment of the City Manager without <br />cause at any time, subject to the Severance Pay provisions as set forth in <br />this Agreement. The City Commission may terminate this Agreement in the <br />manner prescribed by the City Charter. The City and City Manager may also <br />enter into an agreement for termination without cause. <br />c. The City Manager may terminate this Agreement at any time, but only after <br />providing written notice to the City of his intent to terminate. The City <br />Manager shall give the City 120 days written notice before voluntary <br />termination or retirement. In those circumstances: <br />i. The City will pay one hundred percent (100%) of accrued annual and <br />compensatory leave time and accrued sick leave in accordance with <br />City policy applicable to all regular City employees, plus all retirement <br />benefits and other accrued benefits as are due to the City Manager <br />under the terms of this Agreement. <br />ii. The City Manager will be entitled to all retirement benefits and <br />deferred compensation plans which remain the property of the City <br />Manager. <br />iii. The City Manager shall be eligible for all such City programs as are <br />available to other retirees of the City. <br />d. In the event that the City Manager is charged, by indictment or information, <br />with a felony crime, the City, at its sole discretion, may suspend the City <br />Manager from his duties with pay. <br />e. This Agreement may be terminated by the City Commission for cause. <br />"Cause" is defined in Section 8.a. above. If terminated for cause, City <br />Manager shall not be entitled to severance pay. <br />f. Further, should the City Manager terminate a Department Director, and the <br />City Commission fails to approve said termination, then the City Manager <br />may, at his option, be deemed to be terminated at the date of the City <br />Commission's action within the meaning and context of Section 8.b. of this <br />Agreement. <br />g. By execution of this Agreement, City Manager specifically waives all his <br />rights set forth in Section 5.02 of the City Charter, specifically, right to notice <br />and suspension before termination, and the right to a pretermination <br />hearing. <br />9. SEVERANCE PAY. <br />a. In the event employment is terminated under Section 8.b. without cause, <br />the City agrees to pay the City Manager as follows: <br />