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E. if the Employee is terminated because of a felony conviction or pursuant to Section 9.A.a.2, then the Employer is <br />not obligated to pay severance under this section. <br />Section 11: Resignation <br />TITe Employee may voluntarily resign his position at anytime during the term of this agreement. In the event that <br />the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days <br />notice unless Employer and Employee agree otherwise. If the Employee resigns pursuant to the terms set forth <br />in Section 9.A.f., then resignation is not considered voluntary for the purposes of this Section 11. <br />Section 12: Performance Evaluation <br />A. Employer shall annually review the performance of the Employee using the same process used with other <br />appointed employees, The Employer shall provide the Employee with a summary statement of the findings of the <br />Employer and shall provide an adequate opportunityforthe Employeeto discuss his evaluation with the Em ployer. <br />B. Unless the Employee expressly requests otherwise in writing, the evaluation of the Employee shall at all times be <br />conducted in executive session of the governing body and shall be considered confidential to the extent permitted <br />bylaw. Employee recognizes that Employer is subject totheTexas Public Information Act and that upon a proper <br />request under thpt Act, written performance reviews must be released to members of the public. Nothing herein <br />shall prohibit the Employer or Employee from sharing the content of the Employee's evaluation with their <br />respective legal counsel. <br />C. In the event the Employer deems the evaluation instrument, format and/or procedure is to be modified by the <br />Employer and such modifications would require new or different performance expectations, then the Employee <br />shall be provided a reasonable period oftimeto demonstrate such expected performance before being evaluated. <br />Section 13: Hours of work <br />It is recognized that the Employee must devote a great deal of time outside the normal office hours on business <br />forthe Employer, and to that end Employee shall be allowed to establish an appropriate work schedule to include <br />reasonable time off as is customary for exempt employees. The schedule shall be appropriate to the needs of the <br />Employer and shall allow Employee to faithfully perform his --assigned duties and responsibilities. <br />Section 14.- Ethical Commitments <br />A. Employee will at all times uphold the tenets of the ICMA Code of Ethics. Specifically, Employee shall not endorse <br />candidates, make financial contributions, sign or circulate petitions, or participate in fundraising actiVities for <br />Individuals seeking or holding elected office, nor seek or accept any personal enrichment or profit derived from <br />confidential information or misuse of public time. Employee shall also be subject to the Code of Ethics adopted <br />by the City Council as setforth in the City of Paris Code of Ordinances, Chapter 2,.Aiticle IX, <br />B. Employer shall support Employee In keeping these commitments by refraining from any order, direction or <br />requestthat would require Employee to violate the ICMA Code of Ethics. Specifically, neither the governing body <br />Page 6 of 9 <br />