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