Letter of Termination to Administrative Services Director Susan Paul: Notice to End At-Will Assignment

ABSTRACT: In a letter dated September 7, 2014, City Administrator Jason Stilwell wrote, in part, as follows: “While I have great respect for your work, the Council has indicated that it would like to make changes to the City organization and potentially its structure.  At this point, in order to help the Council move forward with changes; I am in accordance with your "At-Will" Employment Agreement, Section 4, "Resignation and Termination" and 5. "Severance", providing you with notice to end your at-will assignment with the City of Carmel-by-the-Sea.” And “While handling these items you have dealt with a number of difficult personnel issues. All of this work has been completed while under attack by various sources; however, you have maintained your professionalism throughout, without wavering.”  The Letter of Termination from City Administrator Jason Stilwell to Susan Paul, Administrative Services Director, is embedded; the EMPLOYMENT AGREEMENT ADMINISTRATIVE SERVICES DIRECTOR document, dated July 1, 2013, is embedded.

Letter of Termination (2014-116)

Letter of Termination
To: Susan Paul
From: City Administrator Jason Stilwell
Dated September 7, 2014

Employment Agreement Administrative Services Director

EMPLOYMENT AGREEMENT
ADMINISTRATIVE SERVICES DIRECTOR

AGREEMENT between the CITY OF CARMEL-BY- THE- SEA  and Susan Paul, dated July 1, 2013; began as Administrative Services Director on January 15, 2013.

Selected Excerpts, as follows:

SEVERANCE PAY

A. Except as provided in paragraph 5.8. of this Agreement, if EMPLOYEE is terminated by the CITY ADMINISTRATOR while still willing and able to perform the duties of Administrative Services Director, CITY agrees to pay EMPLOYEE a cash payment equal to 120 days of the then current, salary and benefits. Said payments may be paid, at the option of the EMPLOYEE in: 1) lump sum upon date of termination; 2) lump sum on January 1 of the calendar year following termination; or 3) four equal monthly installments. Such payment shall release the CITY from any further obligations under this Agreement. 

 
B. In the event EMPLOYEE is terminated because of his/her conviction of any felony, or an crime involving moral turpitude, or any offense involving a violation of his/her official duties or if the CITY ADMINISTRATOR determines that the EMPLOYEE has: 1) misappropriated public funds; 2) commingled public funds with his/her personal funds; 3) engaged in willful corrupt conduct in office; or 4) conducted himself/herself in a manner to be determined as 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.

NOTE: Salary: $155,450 in salary per annum