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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 9.3 Termination - Change in Form of Government <br /> If any of the governing policies pertaining to the role, power, duties, authority, or <br /> responsibilities of City Manager are amended to substantially change City's form of government, <br /> either by action of the City Council, a duly passed initiative measure or state legislation, City <br /> Manager shall have the right to terminate the Agreement. <br /> <br /> 9.4 Reduction of Salary or Benefits <br /> <br /> If the City Council reduces the Annual Base Salary or any other financial benefit <br /> of the City Manager in a percentage that is greater than the average reduction of base salary for <br /> all executive managers of the City, such action shall constitute a termination of this Agreement. <br /> <br /> 9.5 Resignation <br /> <br /> City Manager may voluntarily resign his position as City Manager, after giving <br /> City at least sixty (60) days written notice prior to the effective date of such resignation, unless <br /> such notice is waived in whole or part by the City Council. In the event the City Manager <br /> resigns from his employment with City, the City Manager shall not be entitled to any Severance <br /> Pay. <br /> 9.6 Revert to Former Position <br /> <br /> As required in Charter Section 1002-Civil Service, if City Manager resigns as <br /> City Manager, or if his employment as City Manager is terminated pursuant to any one of <br /> sections 9.2, 9.3 or 9.4 of this Agreement, he shall have the option to revert to his former civil <br /> service position of Chief of Police without loss of any rights or privileges and upon the same <br /> terms and conditions as if he had remained in said position continuously. <br /> <br /> 9.7 Severance <br /> <br /> In the event this Agreement is terminated pursuant to any one of sections 9.2, 9.3 <br /> or 9.4 of this Agreement, the City Manager shall have the option to elect one of the following <br /> options: (a) receive a severance payment, in a lump sum, equal to twelve (12) months of City <br /> Manager's then monthly Base Salary ("Severance Pay") in accordance with the provisions of this <br /> section; (b) revert to employment in his former position of full-time Chief of Police; or (c) <br /> receive a City-paid service credit for City Manager, of his U.S. Air Force Military active duty <br /> service time of three (3) years and eight (8) months as allowed under current regulations of the <br /> California Public Employees Retirement System (PERS) ("Military Credit"), provided that <br /> PERS allows such purchase and further provided that the maximum cost to the City shall not <br /> exceed the equivalent cost to provide the Severance Pay. <br /> <br /> If the City Manager chooses option (a) or (c), Severance Pay or Military Service <br /> Credit, such payment shall be his sole remedy for termination under sections 9.2, 9.3 or 9.4 of <br /> this Agreement. The Severance Pay or Military Credit shall be paid after the City Manager <br /> <br /> <br /> <br /> 45635.01000\7118043.4 6 <br /> 5OA-8 <br />