R2019-07 Resolution Approving Agreement and Appointing City Manager

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I • j j � � {g) If City Manager tests positi�e for use of alcohol or illegal drugs (including drugs � that are legal with a prescription if City Manager does nof possass a valid j � prescription)vvhich violates the City personnel policy, 5.1.1 If Council is can.sidering terminating employment on the basis of subparagraphs '� (a), or(b)of Section 5.1 above, Council n�ust specify tlae violation or failure in a Notice to City � Manager prior to terminating employment, and Council must then allow City Manager at least a ' 30-day period to correct or substantially cure the vialation or failure. � 5.2, City Wifhout Cause. In the absence of a"for cause"finding and upon a Majority Vote of Council, City Manager's employnient may be terminated withoait c�ause by the delivery of a 60-day notice specifying the date of termination, 5.3. By City Manager, City Manager may terminate ennployment: � (a) For caicse if City has failed to perform any of the provisions of this ; Agreement which City is required to perfortn; or (b) Without crxuse which shall �oreclose City Manager from receiving the severance as provided herein. 53.1. If City Manager is considering terminating ernployment on the hasis of subparagrapk�(a) of Sectian 5.3 above,he must deliver a Notice to the City specifying the failure prior to terminating and then the City shall have 60 days to eorrect, ox substantially cure, the failure. 5.4. Disability. Employment will terminate upon City Managar's "Disability" continuing for 30 consecutive days. "Disability"means City Manager is unable to reasonably perforrz�.the duties of his work hereundex due to a physical or mental condition{including sicicness ar injt�ry) as determined by Majority Vote of Co�,�ncil. 5.5. Death. Employment will terminate imm�diately upon City Manager's death. 5.6. Mutual Agreement, Employment may be jointly terminated by City and City Man�ger on mutually agreeable terms set forth in writing and signed by both parties. 5.7. Susgension. Council by Majority Vote may temporarily suspend City Manager in Iieu Qf terrnination contemplated by Section 5.1,with full pay and benefits, if City Manager has been giver�Notice stating the reasons for such suspension. Said Notice must be provided to City Manager at least 10 days prior to a Council session where City Manager,Mayor and ; Council may be heaxd on tbe stated reasons for suspension. 5.8. Termination Arrangements. Immediately upon termination of City Manager's ' employment,regardless of reason for termination, City Manager(or his legal representatives) will surrender all Conf dential In£ormation and other materi�ls as rec�uired in Article VI below, ' � � , .1a�ivary G,201.9 � Pa.ge 5 of 9 ! 1