07 - Amendment to Employment Contract with Grayson Path

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2. Any willful, knowing, orgrossly negligent misapplication or misuse, direct or indirect, by Employee of public or other funds or other property, real, personal, or mixed, owned by or entrusted to Employer, any agency or corporation thereof, or the Employer in his official capacity. b. The majority of the governing body votes to terminate the Employee in accordance with applicable law at a properly posted and duly authorized public meeting. c. Non -renewal of this Employment Agreement, whether by official action of a majority of the governing body or not, when Employee is willing to renew. d. If the Employer or citizens acts to amend any provisions of the charter pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. e. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this agreement and will be regarded as a termination. f. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. g. Breach of contract declared by either party with a 30 day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 19, B. Refusal of Employee to comply with a directive that is in violation of the ICMA Code of Ethics is not cause for termination. Section 10: Severance A. Severance shall be paid to the Employee when employment is terminated as defined in Section 9. B. If the Employee is terminated, the Employer shall provide a minimum severance payment equal to nine (9) months' salary at the then current rate of pay. This severance shall be paid in a lump sum. C. The Employee shall be compensated for all vacation leave as provided in Section 5.B, and all other accrued leave other than sick leave. D. Fora period up to nine (9) months following termination, the Employer shall pay the Employee in an amount equal to the monthly Employer budgeted contribution for medical insurance to offset the cost of health insurance pursuant to the Consolidated Omnibus Budget Reconciliation Act ('COBRA"), Such payments shall cease at the end of nine months or when Employee becomes covered by another insurance group whichever occurs first.