08-24-15 Regular Meeting of La Porte City Council

Browse Search

provisions of the City Code for such position and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2: Employment A. In accordance with Article III, Section 3.01 of the Charter of the City of La Porte, the Employee shall serve at the pleasure of Employer, and no part of this agreement shall be construed to impose or imply a term of office or guaranteed tenure for Employee. B. Employee agrees to remain in the exclusive employ of Employer, and further agrees to not provide services to or contract with any other employer or agency until the cessation of his employment with Employer, except as provided in Section 9 of this agreement. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from the position of City Manager with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3: Termination and Severance Pay A. In the event Employee is terminated by the City Council 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 1) a lump sum cash payment equal to six (6) months aggregate salary; and 2) all accrued benefits through the effective date of the termination, including all earned sick leave, vacation, holiday, or longevity pay. In the event Employee is terminated because of 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 of termination. B. In the event Employer at any time 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 suggestion, whether formal or informal, by the City Council that he resign, or the employer declines to renew the employees contract 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 4: Resignation In the event Employee voluntarily resigns his position with Employer, then Employee shall give Employer thirty (30) days' notice in advance, unless the parties agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not apply. 2