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<br />A.2010-247 <br /> <br />Severance A2reement and Mutual General Releases <br /> <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 /> <br />RECITALS <br /> <br />WHEREAS, Officer is the City Attorney of the City, employed under City Resolutions Nos. <br />2002-065,2004-101 and 96-063; <br /> <br />WHEREAS, pursuant to Resolution No. 96-063, Officer is entitled to Severance Pay upon <br />termination; <br /> <br />WHEREAS, Officer is willing to resign his employment with the City upon the terms and <br />conditions in this Agreement; and <br /> <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 /> <br />NOW, THEREFORE, in consideration of the premises and mutual promises herein contained, <br />it is agreed as follows: <br /> <br />1. Resi2nation Date. Officer agrees that his employment with the City shall be <br />severed on December 31, 2010 ("Severance Date"). <br /> <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 sum 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 I) 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 /> <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 /> <br />4. Unemployment Benefits. The City agrees not to oppose Officer's application for <br />unemployment benefits. <br /> <br />Page 10f6 <br /> <br />465490.1 SA3 70-00 1 <br />