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

Browse Search

3 23152.06030\29362493.1 3.3 Term. Subject to the termination provisions in Section 3.4, the Term of this Agreement shall commence on December 23, 2016 and shall terminate on December 31, 2017. Upon termination of this Agreement, Employee intends to voluntarily resign from her position as Executive Administrator to the Mayor and Council with the City. Employee’s voluntary resignation will be effective simultaneously with the termination of this Agreement on December 31, 2017. 3.4 Termination; Severance Payment. 3.4.1 Termination. The Parties hereby expressly agree that the employment relationship created by this Agreement is “at-will” and that Employee serves at the will and pleasure of the City Council. Nothing in this Agreement, any statute, ordinance, or rule shall prevent, limit or otherwise interfere with the right of the City Council, by super majority vote of five (5) members, to terminate, without cause or right of appeal or grievance, except for those rights expressly set forth in this Section 3.4, the services of the Employee at any time during the Term of this Agreement. Accordingly, Employee agrees that this Agreement sets forth the only terms and conditions applicable to the termination of her employment. 3.4.2 Accrued and Unused Vacation Leave. Notwithstanding anything to the contrary stated herein, if Employee is terminated either with or without cause, Employee shall be entitled to be compensated for her accrued and unused vacation leave through the effective date of termination. 3.4.3 Automatic Termination. This Agreement, and Employee's employment, shall automatically terminate and Employee shall not be entitled to any Severance Payment upon the happening of any of the following events: (1) Upon mutual agreement in writing by both Parties to terminate this Agreement. (2) Upon thirty (30) days’ notice of resignation given to City by Employee. (3) Upon the death of Employee. (4) When Employee has been unable to perform all or substantially all of the essential functions of her position, with or without reasonable accommodation, due to illness or other disability for a period of three (3) months. (5) Upon the natural expiration of the Term of the Agreement. 3.4.4 Termination Without Cause; Severance Payment . This Agreement, and Employee’s employment, may be terminated without prior notice at any time, with or without cause, by the City Council, by super majority vote of five (5) members of the Council. In the event Employee is terminated, other than under an Automatic Termination instance as provided for in 7711/23/16 Regular Adjourned Council Meeting Agenda