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<br /> <br /> <br /> <br /> <br /> Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, which <br /> became effective on January 1, 2012, if City Manager is convicted of a crime involving an abuse <br /> of his office or position, all of the following shall apply: (1) if Manager is provided with <br /> administrative leave pay pending an investigation, City Manager shall be required to fully <br /> reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City <br /> Manager (which would be in its sole discretion, as it is generally not obligated to pay for a <br /> criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and <br /> (3) if this Agreement is terminated, any Severance Pay and Severance Benefits related to the <br /> termination that City Manager may receive from City shall be fully reimbursed to City or void if <br /> not yet paid to City Manager. For purposes of this Section, abuse of office or position means <br /> either: (1) an abuse of public authority, including waste, fraud, and violation of the law under <br /> color of authority; or (2) a crime against public justice, including, but not limited to, a crime <br /> described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. <br /> <br /> 7. Notices. <br /> <br /> Any notice required or permitted by this Agreement shall be in writing and shall <br /> be personally served upon the other Party, or sent by United States Postal Service, postage <br /> prepaid and addressed to the appropriate Party as follows: <br /> <br /> If to City: City Attorney <br /> City of Santa Ana <br /> 20 Civic Center Plaza <br /> Santa Ana, CA 92702 <br /> <br /> If to City Manager: Paul M Walters <br /> City Manager <br /> City of Santa Ana <br /> 20 Civic Center Plaza <br /> Santa Ana, CA 92702 <br /> <br /> Notice shall be deemed given as of the date of personal service or upon the date of <br /> deposit in the course of transmission with the United States Postal Service. <br /> <br /> 8. Duties, Acceptance of Appointment, Hours of Work, Regional <br /> Liaison. <br /> <br /> 8.1 Duties <br /> <br /> City hereby agrees to employ Employee as City Manager of the City of Santa Ana <br /> to perform the functions and duties specified in the City Charter of the City of Santa Ana, and to <br /> perform such other legally permissible duties and functions as the City Council may from time to <br /> time assign, consistent with the provisions of section 11 hereof. <br /> 8.2 Acceptance of Appointment <br /> <br /> <br /> <br /> <br /> 45635.01000\7118043.4 4 <br /> 5OA-6 <br />