HomeMy WebLinkAboutResolution - 2004-R0229 - Severance Agreement With City Manager - Lou Fox - 05_06_2004Resolution No. 2004—RO229
May 6, 2004
Item No. 23
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the
Mayor to execute for and on behalf of the City of Lubbock a Severance Agreement by
and between the City of Lubbock and Lou Fox, city manager. A copy of said Severance
Agreement is attached hereto which shall constitute and be a part hereof as if fully copied
herein in detail.
Passed by the City Council this 6th day of
ATTEST:
R.ebe ca Garza, City Secretary
VED AS TO FORM:
Donald G. Vandiver,
Attorney of Counsel
DDres/FoxSevAgrRes
April 14, 2004
Resolution No. 2004-RO229
May 6, 2004
Item No. 23
SEVERANCE AGREEMENT
COUNTY OF LUBBOCK §
STATE OF TEXAS §
This Agreement is entered into by and between the City of Lubbock, Texas
(hereinafter called "City") and Lou Fox (hereinafter called "Manager').
WHEREAS, the City has employed the Manager its city manager; and
WHEREAS, Manager has demonstrated and proven expertise in managerial
duties; and
WHEREAS, Manager desires a severance agreement in the event he is terminated
by the City; and
WHEREAS, the City and the Manager desire to agree upon and set forth the
following terms and conditions as a severance agreement; NOW THEREFORE:
AGREEMENT
Based upon the mutual covenants expressed herein, the City and Manager hereby
agree as follows:
1. EMPLOYMENT. At the time of making this severance agreement, the
City has employed Manager as the city manager of the City of Lubbock, which services
as city manager are indefinite in term. Nothing in this severance agreement shall restrict
the right of the City to terminate Manager at any time. This severance agreement shall be
of no force or effect unless and until such time as Manager has been terminated by the
City.
2. COMPLIANCE WITH CHARTER. This severance agreement is not
intended, nor shall it be interpreted to be, a personal services contract for a stated term in
conflict with Chapter 1, Article IX, Section 21, Lubbock City Charter.
3. TERMINATION BY MANAGER. Nothing in this severance agreement
shall prevent, limit or otherwise interfere with the right of the Manager to resign and
terminate his employment by the City at any time should he choose to do so. In such
event, Manager shall be entitled to such terminal benefits as are provided to other City of
Lubbock employees of like longevity and pay status.
4. TERMINATION BY CITY FOR CAUSE. The City may for Cause (as
defined below) terminate the Manager's employment upon written notice specifying the
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particulars of the Cause. In the event the Manager is terminated for Cause, the City shall
be discharged and excused from any responsibility with respect to severance
compensation.
As used in this severance agreement, "Cause" shall mean:
(a) Willful and serious misconduct in the performance of Manager's duties as
city manager;
(b) Manager's plea of guilty or no contest to or conviction of a felony or any
other crime involving moral turpitude;
(c) Manager's inability to perform his duties as a result of a disability as
defined in the Americans with Disabilities Act and after the City's full
compliance with that act and the Family Medical Leave Act; or
(d) Manager's death.
S. TERMINATION BY CITY WITH NO CAUSE. In the event Manager's
employment is terminated by the City for reasons other than "Cause" as defined above,
the City agrees to compensate Manager as follows: Six months base salary and benefits if
the termination occurs during Manager's first year of service; Six months of base salary
and benefits, plus one additional month of base salary and benefits for each additional
year of service beyond the first year of Manager's service thereafter. The severance pay
shall be computed at Manager's salary and benefits immediately prior to termination and
shall be distributed to Manager in accordance with City's procedures for terminal pay of
other City employees, or as time payments not exceeding two years for total payout at
Manager's discretion.
6. OTHER TERMINAL PAY. Upon termination of his employment for any
reason, Manager shall received compensation for accrued vacation and such other
termination benefits as are provided for other employees of similar longevity.
7. REDUCTION OF SALARY. In the event the Manager's salary shall be
reduced by a greater percentage than that of any universal salary reduction for all City
employees, such salary reduction may be deemed a termination with no Cause by the
Manager and he shall be entitled to the benefits set for above for termination with no
Cause.
8. WAIVER OF RIGHT TO SUE. With the exception of legal action to
enforce the terms of this severance agreement, Manager shall waive the right to bring suit
against the City for any cause whatsoever as consideration for this severance agreement.
9. NO WAIVER. The waiver of either party to any breach or violation of this
severance agreement shall not operate as or be construed to be a waiver of any
subsequent breach hereof.
DO A ` �—(O ZZ I
10. NOTICES. Any and all notices under this severance agreement shall be
furnished in writing and sent by certified mail, return receipt requested, to the residence
address of Manager or to the principal offices of the City of Lubbock.
11. DUPLICATE ORIGINALS. This severance agreement is executed in
duplicate originals each of which shall be deemed an original and which shall together
constitute one and the same severance agreement with one counterpart being delivered to
each party hereto.
Executed this 6th day of May , 2004, at Lubbock, Texas.
MANAGER: CITY OF ::•
ATTEST:
a Garza, City Secretary
APPROVED AS TO FORM:
onald G. Vandiver,
Attorney of Counsel
Ddeon/LouFoxSevAgr
April 14,2004