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Employment Agreement City of Carmel-By-The-sea Information Systems Network Manager 2005

Employment Agreement City of Carmel-By-The-sea Information Systems Network Manager 2005

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Published by L. A. Paterson
VERIFIED PETITION FOR WRIT OF MANDAMUS (CODE OF CIVIL PROCEDURE SECTION 1085) AND COMPLAINT FOR DECLARATORY JUDGMENT, BREACH OF CONTRACT, DEFAMATION AND INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, Steven Mclnchak, Petitioner/Plaintiff v. City of Carmel-by-the-Sea, Jason Stilwell, City Administrator of the City of Carmel-by-the-Sea, Susan Paul, Administrative Services Director of the City of Carmel-by-the-Sea and Does 1 through 50, inclusive, Respondents/Defendants, Case No. M128062, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, June 4, 2014
VERIFIED PETITION FOR WRIT OF MANDAMUS (CODE OF CIVIL PROCEDURE SECTION 1085) AND COMPLAINT FOR DECLARATORY JUDGMENT, BREACH OF CONTRACT, DEFAMATION AND INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, Steven Mclnchak, Petitioner/Plaintiff v. City of Carmel-by-the-Sea, Jason Stilwell, City Administrator of the City of Carmel-by-the-Sea, Susan Paul, Administrative Services Director of the City of Carmel-by-the-Sea and Does 1 through 50, inclusive, Respondents/Defendants, Case No. M128062, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, June 4, 2014

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Published by: L. A. Paterson on Jul 17, 2014
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EMPLOYMENT GREEMENT
City
of
Car.mel by the Sea
INFORM TION
SYSTEMS
NETWORK M N GER
THIS
AGREEMENT
is
between
the
CITY
OF
CARMEL-BY-THE-SEA
{ CITY )
and
Steve
Mcinchak
( EMPLOYEE )
and
is
dated
this
day
July
2005.
RECIT LS
1.
EMPLOYEE
has been
employed
as
an
Information
Systems Network
Manager
for
CITY
since
July
1,
1997.
2.
EMPLOYEE
desires
to
accept the
position
of
INFORMATION SYSTEMS
NETWORK
MANAGER
and
continue serving
CITY
in
that
capacity.
3.
The
CITY ADMINISTRATOR,
as
appointing
power, and
Steve
Mcinchak
desire to
agree
in
writing
to
the
following terms
and
conditions
for
employment
of
Information
Systems Network Manager.
OW
THEREFORE,
THE
PARTIES
AGREE
AS
FOLLOWS AGREEMENT
1
DUTIES
A. CITY
agrees
to
employ
Steve
Mcinchak
as
Information
Systems
Network Manager
of the City
of
Carmel-by-the-Sea
to
perform
the
functions
and
duties specified in
the
ordinances
and
resolutions
of the
City,
and
to
perform
other
legally
permissible
and
proper
duties
and
functions
as
the
CITY
ADMINISTRATOR
may
from
time
to
time
assign.
B.
EMPLOYEE
shall
perform
his duties
to
the
best
of
his
abil
in
accordance with
the
highest professional
and
ethical
standards of
the profession
and
shall
comply
with
all
rules
and
regulations
established
by
the
City.
C.
EMPLOYEE
shall
not
engage
in
any
activity
which
is
or
may
become
a
conflict
of
interest
prohibited
by
the
contract
or
which
may
create
an
incompatibility
of
office
as
defined
under
California
law.
Prior
to
performing
any
s
ces under
this
Agreement and
annually
thereafter
EMPLOYEE
shall
complete
and
file
all
disclosure
forms
required
by law.
Page
1
of
7
 
EMPLOYMENT
GREEMENT
City
o
Carmel by the Sea
INFORM TION SYSTEMS
NETWORK
M N GER
2
TERM
A.
This
Agreement
shall
commence
on
July
1,
2005,
and
continue unless
terminated
by
either
party
in
accordance
with
the
provisions
set
forth
in Article
D.
of
this
Agreement,
or
until
terminated
by
death
or
permanent
disability
of
EMPLOYEE.
B.
EMPLOYEE
agrees
to
remain
in
the exclusive
employ
of
the
CITY
during
the
term
of
this
agreement.
However,
EMPLOYEE
may
engage
in
occasional
teaching,
writing,
or
consulting
performed
on
EMPLOYEE
S
time
off
so long
as
such
activities
do
not
either
interfere
with
EMPLOYEE S
performance
of
his
duties
hereunder,
or
conflict
with
EMPLOYEE
1
S
obligation
to
the
CITY.
EMPLOYEE
agrees
that
such
activities
are to
be
subject
to
prior
approval
of
the
CITY ADMINISTRATOR.
3
OURS
OF
WORK
A.
It
is
recognized
that
EMPLOYEE
must
devote
a
great
deal
of
time
outside
normal
business
hours
to
the business of
the
CITY,
and
to
that
end
EMPLOYEE
will
be
allowed
to take reasonable leave
time
off
as
he
shall
deem
appropriate
during
normal
business hours.
However,
t
is
the
intent
of the
CITY ADMINISTRATOR
that
EMPLOYEE
maintain,
whenever
possible,
normal
CITY
business
hours.
4.
RESIGN TION
ND
TERMIN TION
A.
EMPLOYEE
may
resign
at
any time
upon
providing
CITY
ADMINISTRATOR
with
at least
thirty
30)
days
advance
written
notice
of
the
effective
date of
resignation.
B. CITY ADMINISTRATOR
may
at
any
time
terminate
EMPLOYEE
upon
thirty
30)
days
advance
written
notice.
C.
The
parties
recognize
and
affirm
that:
1)
EMPLOYEE
is
an
at
will
employee
whose employment
may
be
terminated
by
the
CITY
ADMINISTRATOR
without
cause
or
right
of appeal;
and
2)
There
is
no
express
or
implied
promise
made
to
EMPLOYEE
for
any form
of
continued
employment.
This
Agreement
is
the sole
and
exclusive
basis
for
an
employment
relationship
between
EMPLOYEE
and
the
CITY.
5
SEVER NCE P Y
Page
2
of
7
 
EMPLOYMENT AGREEMENT
ity
of
Car.mel by the Sea
INFORMA TION
SYSTEMS
NETWORK MANAGER
A.
Except
as
provided
in
paragraph
S.B.
of
this
Agreement,
if
EMPLOYEE
is
terminated
by
the
CITY
DMINISTR TOR
while
still
willing
and
able
to
perform
the
duties
of
Information
Systems
Network Manager,
CITY
agrees
to
pay
EMPLOYEE
a
cash
payment
equal
to
four
months
of
the
then
current
aggregate
salary.
Said
cash
payments
may
be
paid,
at
the
option of
the
EMPLOYEE
in:
1)
lump
s~r
upon
date
of
termination;
2)
lump
sum
on
January
1
of
the
calendar
year
following
termination;
or
3)
four equal
monthly
installments.
Such
shall
release the
CITY
from
any
further obligations
under
this
Agreement.
B.
In
the
event
EMPLOYEE
is
terminated
because
of
his
conviction
of
any
felony,
or
any
crime
involving
moral
turpitude
or
offense
involving
a
violation
of
his
official
duties
or
i
the
CITY ADMINISTRATOR
determines
that
the
EMPLOYEE
has:
1)
misappropriated
public
funds;
2)
commingled
public
funds
with
his
personal
funds;
3)
engaged
in willful
corrupt
conduct
in
office;
or
4)
conducted
himself
in
a
manner
to
be
determined as
will
conduct
that constitutes
misconduct
according
to
the
CITY'S
personnel
rules
the
CITY
shall
have
no
obligation to
continue
employment
of
EMPLOYEE
or
to
pay
severance
as
set
forth
in
paragraph
5.A.
of
this
Agreement.
6
S L RY
A.
Effective
July
1, 2005,
the
CITY
agrees
to
pay
EMPLOYEE
96,864.00
in
salary
per
annum
for
his services.
B.
Salary
is
payable
in
installments
at
the
same
time as
other
employees
of
the
CITY
are
paid,
and
subject
to
customary
withholding.
c.
Thereafter
and
subject
to
an
evaluation of
performance
on
the anniversary date
hereof
the
CITY
DMINISTR TOR
may
increase
EMPLOYEE S
compensation
without
the
need
to
amend
this
Agreement.
7.
Atrl OMOBILE
A.
The
CITY
shall
provide
EMPLOYEE
with
a CITY
vehicle
or provide
for
a
mileage allowance
as
needed
per
the current
IRS
mileage
rate.
Page
3
of
7

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