O-1999-2360 - Laserfiche WebLink

Browse Search

e e B. In the event written notice is not given by either party to this agreement to the other 90 days prior to the termination date as hereinabove provided, this Agreement shall be extended on the same terms and on conditions as herein provided, all for an additional period of three (3) years. Said Agreement shall continue thereafter for three-year periods unless either party hereto gives 90 days written notice to the other party that the party does not wish to extend this Agreement for an additional three-year tenn. Section 3. Tennination and Severance Pay A. Pursuant to the provisions of Section 3.01 (b), of the Home Rule Charter of the City of La Porte, the City Manager may be appointed and removed at the will and pleasure of the City Council by a vote of the majority of the entire City Council. In the event Employee is terminated by the Council before expiration of the aforesaid tenn of employment and during such time that Employee is willing and able to perform his duties under this Agreement, then and in that event Employer agrees to pay Employee as severance pay and liquidated damages, twenty-four (24) weeks salary and benefits, payable in installments over Employer's normal pay periods. In the event Employee secures other employment during such twenty-four (24) week period, the amount of such salary payments shall be reduced by the amount of salary payment received by Employee from such new employment In the event Employee is terminated by Council for cause, as defined in the current edition of the City of La Porte Personnel Policy Manual, Employer shall have no obligation to pay the severance pay and liquidated damages designated in this paragraph. However, Employee shall be compensated for any accrued sick leave, holidays, and other accrued benefits. B. In the event Employer at any time during the tenn of this Agreement reduces the salary or other fmancial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or the Employee resigns following a suggestion whether fonnal or informal, by the 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. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid tenn of his employment, then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. Section 4. Disability H 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, or for twenty (20) working days over a thirty (30) working day period, Employer shall have the option to tenninate this Agreement subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, and other accrued benefits. 2