Termination of the Employment Agreement. A. The Parties agree that the City's business can only succeed if the Employee and the City Manager enjoy a working relationship based upon mutual respect, trust, and positive attitudes. Accordingly, Employee serves at the pleasure of the City Manager and is an "at will" employee of the City of Nome. The City may terminate the employment of the Employee without cause at any time during the term of this Agreement by directing written notice of termination to Emp loyee by certified or registered mail, return receipt requested, or by hand delivery. In the event of termination without cause while Employee is ready, willing, and able to perform the duties of Port Director, the City shall pay Employee a sum equal to two months of Employee's annual compensation. The Employee shall also be entitled to the balance of accrued personal leave to the date of termination. B. City may terminate Employee for Cause. Termination for "Cause" means termination because of (a) willful misconduct in the performance of Employee's duties, conviction of Employee of a felony, a crime involving moral turpitude, or any other illegal conduct substantially detrimental to the business or reputation of the City, dishonesty which has resulted in material damages to the property or business of the City, material misappropriation of, or intentional material damage to, the property or business of the City, Employee's perpetration of fraud on the City which has resulted in material damage to the City; (b) Employee's willful or negligent failure to perform Employee's duties, including Employee's refusal to comply in any materia l respect with the reasonable and legal directives of the City Manager, so long as such directives are not inconsistent with Employee's position and duties, and such refusal to comply is not remedied within 10 working days after written notice from the City Manager, which notice shall state that failure to remedy such conduct shall result in termination; or (c) any loss of confidence on the part of the City Manager in Employee's ability to continue to effectively carry out Employee's duties under this Agreement. Should City intend to terminate Employee for cause, Employee shall be given written notice of the reasons for the termination and an opportunity to respond in person before the City Council in an open or an executive session at Employee's sole option, prior to the effective date of the termination of employment. If the relationship is so terminated, the Employee shall not be entitled to any severance or termination pay. The Employee shall be entitled to the balance of accrued personal leave to the date of termination.
Appears in 1 contract
Sources: Employment Agreement
Termination of the Employment Agreement. A. The Parties agree that the City's business can only succeed if the Employee and the City Manager enjoy a working relationship based upon mutual respect, trust, and positive attitudes. Accordingly, Employee serves at the pleasure of the City Manager and is an "at will" employee of the City of Nome. The City may terminate the employment of the Employee without cause at any time during the term of this Agreement by directing written notice of termination to Emp loyee Employee by certified or registered mail, return receipt requested, or by hand delivery. In the event of termination without cause while Employee is ready, willing, and able to perform the duties of Port Director, the City shall pay Employee a sum equal to two months of Employee's annual compensation. The Employee shall also be entitled to the balance of accrued personal leave to the date of termination.
B. City may terminate Employee for Cause. Termination for "Cause" means termination because of (a) willful misconduct in the performance of Employee's duties, conviction of Employee of a felony, a crime involving moral turpitude, or any other illegal conduct substantially detrimental to the business or reputation of the City, dishonesty which has resulted in material damages to the property or business of the City, material misappropriation of, or intentional material damage to, the property or business of the City, Employee's perpetration of fraud on the City which has resulted in material damage to the City; (b) Employee's willful or negligent failure to perform Employee's duties, including Employee's refusal to comply in any materia l material respect with the reasonable and legal directives of the City Manager, so long as such directives are not inconsistent with Employee's position and duties, and such refusal to comply is not remedied within 10 working days after written notice from the City Manager, which notice shall state that failure to remedy such conduct shall result in termination; or (c) any loss of confidence on the part of the City Manager in Employee's ability to continue to effectively carry out Employee's duties under this Agreement. Should City intend to terminate Employee for cause, Employee shall be given written notice of the reasons for the termination and an opportunity to respond in person before the City Council in an open or an executive session at Employee's sole option, prior to the effective date of the termination of employment. If the relationship is so terminated, the Employee shall not be entitled to any severance or termination pay. The Employee shall be entitled to the balance of accrued personal leave to the date of termination.
Appears in 1 contract
Sources: Employment Agreement
Termination of the Employment Agreement. A. The Parties agree that the City's business can only succeed if the Employee and the City Manager enjoy a working relationship based upon mutual respect, trust, and positive attitudes. Accordingly, Employee serves at the pleasure of the City Manager and is an "at will" employee of the City of Nome. The City may terminate the employment of the Employee without cause at any time during the term of this Agreement by directing written notice of termination to Emp loyee by certified or registered mail, return receipt requested, or by hand delivery. In the event of termination without cause while Employee is ready, willing, and able to perform the duties of Port DirectorSpecial Projects Manager, the City shall pay Employee a sum equal to two months of Employee's annual compensation. The Employee shall also be entitled to the balance of accrued personal leave to the date of termination.
B. City may terminate Employee for Cause. Termination for "Cause" means termination because of (a) willful misconduct in the performance of Employee's duties, conviction of Employee of a felony, a crime involving moral turpitude, or any other illegal conduct substantially detrimental to the business or reputation of the City, dishonesty which has resulted in material damages to the property or business of the City, material misappropriation of, or intentional material damage to, the property or business of the City, Employee's perpetration of fraud on the City which has resulted in material damage to the City; (b) Employee's willful or negligent failure to perform Employee's duties, including Employee's refusal to comply in any materia l respect with the reasonable and legal directives of the City Manager, so long as such directives are not inconsistent with Employee's position and duties, and such refusal to comply is not remedied within 10 working days after written notice from the City Manager, which notice shall state that failure to remedy such conduct shall result in termination; or (c) any loss of confidence on the part of the City Manager in Employee's ability to continue to effectively carry out Employee's duties under this Agreement. Should City intend to terminate Employee for cause, Employee shall be given written notice of the reasons for the termination and an opportunity to respond in person before the City Council in an open or an executive session at Employee's sole option, prior to the effective date of the termination of employment. If the relationship is so terminated, the Employee shall not be entitled to any severance or termination pay. The Employee shall be entitled to the balance of accrued personal leave to the date of termination.
Appears in 1 contract
Sources: Employment Agreement