11-23-2016 Jt Reg Adj Mtg Agn - Laserfiche WebLink

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4 23152.06030\29362493.1 Section 3.4.3 above or a Termination for Cause pursuant to Section 3.4.5 below, and at such time as Employee is willing and able to perform her duties under this Agreement, Employee shall be entitled to, in compliance with Government Code sections 3511.2 and 53260, a severance payment of three (3) months of base salary (“Severance Payment”). In no event shall the amount of severance exceed the value of three (3) months’ base salary or the value of base salary remaining to be paid on the unexpired Term of this Agreement, whichever is less. The Severance Payment shall be Employee’s sole remedy for a termination without cause. 3.4.5 Termination for Cause; Procedure. Except as provided for in Subsection (7) below, in the event Employee is terminated for cause, City shall have no obligation to pay the Severance Payment described in Section 3.4.4 above. (1) Upon termination for cause, the City shall deliver to Employee a written specification of the charges or other reasons upon which "cause" is alleged. (2) Employee shall then have five (5) business days to challenge such termination for cause by delivery of a written response to such specifications. Within such five (5) day period, Employee may also demand a hearing upon the specifications. Failure to submit a written response or demand a hearing within the five (5) business day period shall constitute a waiver of such right, and the City Council’s determination shall be final. (3) If a written response is submitted but no hearing is demanded, the City Council shall review its decision, in closed session in accordance with Government Code section 54057, based upon Employee’s written response. However, any determination by the City Council, by super majority vote of five (5) Council members, after reviewing such written response, shall be final and without right of appeal. (4) If a hearing is demanded, such hearing shall be held before an independent hearing officer to be mutually agreed upon by the Parties, or if no agreement can be reached, the hearing officer shall be selected from a list provided by the State Mediation and Conciliation Service (SMCS). The mutual selection of a hearing officer shall be accomplished within ten (10) calendar days following notice of Employee's request for a hearing. If the Parties cannot mutually agree on a hearing officer within the requisite time period, then the Parties shall request a list of five (5) hearing officers from SMCS. The Parties shall then take turns eliminating names from the list until one remains. The remaining name shall then be the selected hearing officer. The fees of the hearing officer shall be advanced, in full, by the City. The decision of the hearing officer shall be binding and without right of appeal. (5) The issues to be determined in the hearing shall be whether the specification(s) alleged constitute "cause" pursuant to this Agreement and whether the specification(s) are supported by a preponderance of the evidence. (6) The Parties acknowledge that a requested hearing for cause shall be held at the earliest possible date, and to that extent, they shall cooperate in selecting a date for the hearing which shall be no later than sixty (60) days following the City's notice of termination for cause. 8811/23/16 Regular Adjourned Council Meeting Agenda