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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 />9.4 Reduction of Salary or Benefits <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 />9.5 Resignation <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 />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 />9.7 Severance <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 aCity-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 />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 />45635.01000\7118043.4 6 <br />