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55394.00000\42495009.1 <br /> <br />f. Abuse of Office. Pursuant to Government Code sections <br />53243 et seq., if Nuñez is convicted of a crime involving an abuse of his office or position, <br />as defined below, all of the following shall apply upon final conviction: (1) if Nuñez is <br />provided with administrative leave pay pending an investigation, he shall be required to <br />fully reimburse such amounts paid; (2) if the City, in its discretion, pays for the criminal <br />legal defense of Nuñez, in his official capacity, Nuñez shall be required to fully reimburse <br />such amounts paid; and (3) if this Agreement is terminated, any cas h settlement related <br />to the termination that Nuñez may receive from the City shall be fully reimbursed to City. <br />For purposes of this Section, “abuse of office or position” means either: (1) an abuse of <br />public authority, including waste, fraud, and violation of the law under color of authority <br />as those crimes are specifically defined under specific provision of California statute; or <br />(2) a crime against public justice, including a crime described in Title 7 commencing with <br />section 92 of the Penal Code or as specifically defined under separate provision of <br />California statute. <br />g. Public Communications. The City and Nuñez agree that <br />neither the City nor Nuñez, shall make any written, oral or electronic statement to any <br />member of the public, the press, or any City employee concerning Nuñez’s separation <br />from the City, except in the form of a joint press release, the content of which is mutually <br />agreeable to the City and Nuñez. Consent of either Party to such joint press release shall <br />not unreasonably be withheld. Either party may verbally repeat the substance of the joint <br />press release or statement in response to any inquiry. This Section 3.g shall not apply in <br />the event of a For Cause Termination. <br />h. Survival. This Section will survive termination of the <br />Agreement. <br />4. Revolving Door. Nuñez must comply with Government Code <br />Section 87406.3 for a period of one year after separating from service with City. This <br />Section will survive termination of this Agreement. <br />5. Compensation. <br />a. Base Salary. The City agrees to pay Nuñez for the services <br />required by this Agreement a base annual salary of three -hundred and fifteen-thousand <br />Dollars ($315,000.00), payable in equal installments at the same time as other employees