R2026-16 Resolution Authorizing Employment Agreement - City Manager

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(d) If City Manager is convicted(to include entry of a plea of guilty or nolo contendere)by a court of competent jurisdiction of commission of a criminal act which adversely affects City's reputation; or (e) If City Manager commits an unethical or fraudulent act in the performance of their work,and sufficient evidence thereof has been provided and verified as an unethical or fraudulent act based upon commonly accepted codes of conduct as set forth by the International City/County Management Association, and the Council has determined the consequences to be adverse to the City;or (f) If upon Council's request City Manager fails to promptly submit to the physical,medical or toxicological examination(s)described in Section 2.6 above;or (g) If City Manager tests positive for use of alcohol or illegal drugs (including drugs that are legal with a prescription if City Manager does not possess a valid prescription)which violates the City personnel policy. 5.1.1 If Council is considering terminating employment on the basis of subparagraphs(a)or(b)of Section 5.1 above,Council must specify the 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 violation or failure. 5.2 City Without Cause. Upon majority vote of Council,City Manager's employment may be terminated without cause by the delivery of a 60-day notice specifying the date of termination. 5.3 City Manager. City Manager may terminate employment; (a) For cause if City has failed to perform any of the provisions of this Agreement which City is required to perform;or (b) Without cause which shall foreclose City Manager from receiving the severance as provided herein. 5.3.1 If City Manager is considering terminating employment on the basis of subparagraph(a)of Section 5.3 above,they must deliver a Notice to the City specifying the failure prior to terminating and then the City shall have 30 days to correct,or substantially cure,the failure. 5.3.2 If the City Manager is terminating employment on the basis of subparagraph(b)of Section 5.3 above,they must deliver a notice to the City that they intend to resign within 30 days of the notice. 5.4 Disability. Employment will terminate upon City Manager's"Disability" continuing for 30 consecutive days. "Disability"means City Manager is unable to reasonably perform the duties of their work hereunder due to a physical or mental