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A-2010-247 <br />Severance Agreement and Mutual General Releases <br />THIS SEVERANCE AGREEMENT AND MUTUAL GENERAL RELEASES (hereinafter <br />referred to as "Agreement") is entered into between the City of Santa Ana ("City") and Joseph W. <br />Fletcher ("Officer,"), Officer and the City may be referred to herein individually as "Party" or <br />collectively as the "Parties". The purposes of this Agreement are to bring Officer's employment <br />with the City to a conclusion in an agreeable manner and to settle any and all outstanding disputes <br />relating to his employment, <br />RECITALS <br />WHEREAS, Officer is the City Attorney of the City, employed under City Resolutions Nos, <br />2002-065, 2004-101 and 96-063; <br />WHEREAS, pursuant to Resolution No, 96-063, Officer is entitled to Severance Pay upon <br />termination; <br />WHEREAS, Officer is willing to resign his employment with the City upon the terms and <br />. <br />conditions in thus Agreement; and <br />WHEREAS, the Parties would like to bring Officer's employment with the City to a <br />conclusion in an agreed manner and settle any and all outstanding disputes relating to his <br />employment. <br />NOW, THEREFORE, in consideration of the premises and mutual promises herein contained, <br />it is agreed as follows: <br />1. Resignation Date. Officer agrees that his employment with the City shall be <br />severed on December 31, 2010 ("Severance Date"), <br />2. Severance Payment, In exchange for Officer's acceptance of the terms and <br />conditions set forth herein, the City agrees to pay to Officer the suin of One Hundred Forty -Two <br />Thousand and Eighty Dollars ($142,080.00) less applicable payroll tax withholdings and <br />deductions, which is the cash equivalent to six (6) months salary and benefits at his current rate of <br />pay, payable within two (2) business days following the later of 1) City Council approval of the <br />Agreement; 2) execution of the Agreement by the City and Officer; and 3) expiration of the <br />revocation period under section 10,f of the Agreement, <br />3. Payment For Earned Compensation. The City shall pay Officer for all earned <br />and unused accrued vacation and sick leave less applicable payroll tax withholdings and <br />deductions on the Severance Date, <br />4. Unemployment )Benefits. The City agrees not to oppose Officer's application for <br />unemployment benefits. ^ <br />Page 1 of 6 <br />465490.1 5A370-001 <br />