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Home My WebLink AboutResolution - 2000-R0411 - Severance Agreement - Anita Burgess, City Attorney - 11/07/2000Resolution No. 2000-80411 November 7, 2000 Item No. 40 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a severance agreement by and between the City of Lubbock and Anita Burgess, the City Attorney. Said agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 7th day of ATTEST: -PL/y\'0 �j KAYTHIE DARNELL a City Secretary APPROVED AS TO FORM: DON VANDTVER First Assistant City Attorney ccdocs/resolution.severance.burgess Resolution No. 2000-RQ411 November 7, 2000 Item No. 40 SEVERANCE AGREEMENT This Agreement is entered into between the City of Lubbock (hereinafter also referred to as the "CITY") and Anita Burgess (hereinafter referred to as "BURGESS"). RECITALS WHEREAS, the CITY and BURGESS desire to agree upon and set forth the following terms of her employment; and WHEREAS, the CITY wishes to continue to employ the services of BURGESS as City Attorney of the City of Lubbock; and WHEREAS, BURGESS has demonstrated and proven exceptional legal abilities in the performance of her duties; and WHEREAS, the CITY wishes to have at least six week's notice before BURGESS terminates her employment with the CITY; and WHEREAS, BURGESS and the CITY are desirous of setting forth the Agreement for BURGESS' compensation as contained in all of the numbered paragraphs below. AGREEMENT Based upon the mutual covenants herein, the CITY and BURGESS agree as follows: 1. Employment as City Attorney. The CITY agrees to continue to employ BURGESS as City Attorney of the City of Lubbock, Texas, to perform all duties specified by law and ordinance and to perform the other proper and legal duties assigned to her by the City Council. BURGESS agrees to faithfully and diligently perform the duties of City Attorney of the City of Lubbock, Texas. 2. Employment At -Will. BURGESS' term of employment is indefinite subject to the conditions herein. Nothing in this Agreement shall restrict the CITY's right to terminate BURGESS at any time, subject to certain rights and privileges which BURGESS is entitled to herein. 3. Compliance with City's Legislation. This employment agreement shall not be interpreted so as to grant to BURGESS any rights that are contrary or repugnant to the CITY Charter, CITY Code, or CITY Regulations. 4. Termination by BURGESS. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of BURGESS to resign at any time from her position with the CITY subject only to the termination provisions set forth herein. Should BURGESS resign, MANAGEMENT SERVICE AGREEMENT PACE l BURGESS shall give six (6) weeks notice, in writing, of her resignation. 5. Termination by CITY for Cause/ Death of Party. The CITY may for Cause (as defined below), terminate BURGESS' employment upon written notice specifying the particulars of the Cause. In the event BURGESS is terminated for Cause, the CITY is discharged of any responsibility with respect to termination pay. As used in this Agreement, termination for "Cause" shall mean: (a) 'Willful and serious misconduct in the performance of her duties as City Attorney; (b) BURGESS' plead of guilty or no contest to, or conviction of, a felony or any other crime involving moral turpitude; (c) BURGESS' disability as defined in the Americans with Disabilities Act and after the City's full compliance with same and the Family Medical Leave Act; or (d) BURGESS' death. 6. Termination by BURGESS Due to Disability. Other provisions notwithstanding, BURGESS may terminate her employment in the event of a disability as defined in the Americans with Disabilities Act without penalty as set forth below. 7. Termination by CITY Without Cause. In the event BURGESS' employment is terminated by the CITY for reasons other than "Cause" as defined in Paragraph 5 above, the CITY agrees to compensate BURGESS termination pay as follows: (i) five year's base salary and benefits if termination occurs before January 1, 2002, prorated daily; (ii) four year's base salary and benefits if termination occurs after January 1, 2002 but before January 1, 2003, prorated daily; (iii) three year's base salary and benefits if termination occurs after January 1, 2003 but before January 1, 2004, prorated daily; (iv) two year's base salary and benefits if termination occurs after January 1, 2004 but before January 1, 2005, prorated daily; and (v) one year's base salary and benefits if termination occurs after January 1, 2005, upon which no prorate assessment will be applied. The termination pay shall be computed at BURGESS' salary and benefits prior to termination, and shall be distributed to BURGESS in accordance with the same pay period for CITY employees of equal longevity and pay status, or as a lump sum at BURGESS' discretion. 8. Termination by BURGESS Without Cause. In the event employment is terminated by BURGESS for reasons other than "Cause" as defined in Paragraph 5 above, BURGESS agrees to compensate the CITY as follows: (i) five year's base salary and benefits if termination occurs before January 1, 2002, prorated daily; (ii) four year's base salary and benefits if termination occurs after January 1, 2002 but before January 1, 2003, prorated daily; (iii) three year's base salary and benefits if termination occurs after January 1, 2003 but before January 1, 2004, prorated daily; (iv) two year's base salary and benefits if termination occurs after January 1, 2004 but before January 1, 2005, prorated daily; and (v) one year's base salary and benefits if termination occurs after January 1, 2005 but before January 1, 2006, prorated daily. The termination pay shall be computed at BURGESS' salary and benefits prior to termination, and MANAGEMENT SERVICE AGREEMENT PAGE 2 shall be distributed to the CITY in equal monthly installments. In the event BURGESS resigns as a result of disabilities as defined in the Americans with Disabilities Act, this paragraph will be of no application. 9. Vacation and Termination Benefits. Upon termination of her employment for whatever reason, BURGESS shall receive compensation for all accrued vacation and such termination benefits, including 90 days of sick leave, as applied to other City of Lubbock employees of similar longevity including, but not limited to, stability pay and vacation. 10. Reduction of BURGESS' Salary. Should the CITY reduce BURGESS' salary by a greater percentage than any universal salary reduction for all City of Lubbock employees, such salary reduction shall constitute a termination without Cause and, in such event, BURGESS shall be entitled, at her option, to invoke the termination pay provision as stated in paragraph 7 above. The termination pay computed pursuant to paragraph 7 shall be at BURGESS' salary and benefits prior to any reduction as is set forth in this paragraph. Said salary is to be payable in cash in pay periods as provided for other CITY employees, or as a lump sum at BURGESS' discretion. 11. Waiver of Right to Sue. With the exception of legal action to enforce the terms of this Agreement, BURGESS forever waives any right to bring suit against the City for any cause of action whatsoever as consideration for the severance agreement expressed herein. 12. No Waiver. The waiver of either party of any breach or violation of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation hereof. 13. Notices. Any and all notices permitted to be given under this Agreement shall be furnished in writing and sent by certified mail, return receipt requested to the address of BURGESS or to the principal office of the City of Lubbock in Lubbock County, Texas, in the case of the CITY. 14. Duplicate Originals. This Agreement is executed in duplicate originals each of which shall be deemed an original and shall together constitute one and the same Agreement, with one counterpart being delivered to each party hereto. EXECUTED this the 7th day of November , 2000. [signature page follows] MANAGEMENT SERVICE AGREEMENT PAGE 3 THE CITY OF ::• By:` 11 I 47�1 wl,Q7 ATTEST; Kaythie arnell,�, City Secretary AP ROVED AS TO FORM: o Vandiver, First Assistant City Attorney C Y ATTORN ANITA BURGESS MANAGEMENT SERVICE AGREEMENT PAGE 4