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

Browse Search

5 23152.06030\29362493.1 (7) In the event the hearing officer concludes in favor of Employee that no cause exists, Employee shall be entitled only to the appropriate amount of Severance Payment and benefits as she would have received if terminated without cause pursuant to Section 3.4.4 above. Employee shall not have any reinstatement rights. 3.4.6 Notice for Resignation. In the event Employee voluntarily resigns her position with City, Employee shall give City thirty (30) days’ notice in advance, unless the Parties otherwise agree. Upon voluntary resignation, Employee shall be entitled only to those accrued and unused leave benefits specifically authorized to be cashed-out pursuant to the Confidential Group Resolution, but not to the Severance Payment described in Section 3.4.4 above. 3.4.7 Statutory Obligations; Abuse of Office or Position. Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, which became effective on January 1, 2012, if Employee is convicted of a crime involving an abuse of her office or position, all of the following shall apply: (1) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse such amounts paid; (2) if the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse such amounts paid; and (3) if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City or void if not yet paid to Employee. For this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including a crime described in Title 7 commencing with section 92 of the Penal Code. 3.5 Base Salary. 3.5.1 Annual Base Salary. City sh all compensate Employee at an annual base salary equal to eighty-seven thousand eight hundred and sixty-six and forty cents ($87,866.40) per year, effective January 10, 2017. The base salary shall be payable bi-weekly at the same time as other employees of City are paid. The base salary shall be modified by any amount approved by the City Council in the Confidential Group Resolution, as described in Section 3.7.1 below. The salary may also be adjusted from time-to-time by the City Council, by majority vote, following a performance evaluation. Any reduction in salary shall be limited as provided for in the Confidential Group Resolution. 3.5.2 Bonus Compensation. Employee has performed services above and beyond the duties of her position of Executive Administrator to the Mayor and Council, and will likely continue performing such services. In order to compensate Employee for past services performed and for the continued performance of any such additional services, Employee will receive Seventeen Thousand One Hundred Dollars and no cents ($17,100.00) over the term of this Agreement in addition to, and separate from, her annual base salary. An initial payment amount of two thousand four hundred forty-two dollars and eighty-four cents ($2,442.84) shall be paid in December 2016, upon execution of the agreement. The balance shall be paid in monthly 9911/23/16 Regular Adjourned Council Meeting Agenda