Severance Agreements

Texas law (HB 762, Section 180.011(d)) requires employers to make severance agreements available to the public.

City Manager

Severance – Other than “For Cause.”

In the event the employment of City Manager is terminated by the City Council of the City of Waco for any reason other than “for cause” as described above, and City Manager is willing and able to perform the duties required in this Agreement, the City Manager will be entitled to receive a lump sum payment based on the then-current base salary, less applicable payroll deductions equal to 20 weeks of the then-current base salary, less applicable payroll deductions.

The payment of these severance payments will be made to City Manager within thirty (30) calendar days of any such termination. Such payment will release the City of Waco from any further obligation under this Agreement aside from any obligation already accrued. In the event City Manager’s employment is terminated under this section, in consideration for the agreement of the City of Waco to make the payments described herein, the City Manager agrees to sign a waiver and release of any claims against the City of Waco arising out of or relating to the employment or the termination thereof. By accepting the severance payments described herein, City Manager does and will waive and release any claims against the City of Waco arising out of or relating to employment or the termination thereof and will execute an instrument to that effect.

City Attorney

Severance - Other than "For Cause"

In the event the employment of City Attorney is terminated by the City Council of the City of Waco for any reason other than "for cause" as described above, and City Attorney is willing and able to perform the duties required of her in this Agreement, the City Attorney will be entitled to receive a lump sum payment based on her then-current base salary, less applicable payroll deductions. The lump sum payment will be based on the following schedule:

• If employment is terminated within 12 months of the effective date of this contract, the City Attorney shall be entitled to a lump sum payment equal to nine (9) months of her then-current base salary, less applicable payroll deductions.
• If employment is terminated between 12 months and 24 months of the effective date of this contract, the City Attorney shall be entitled to a lump sum payment equal to six (6) months of her then-current base salary, less applicable payroll deductions.
• If employment is terminated more than 24 months after the effective date of this contract, the City Attorney shall be entitled to a lump sum payment equal to three (3) months of her then-current base salary, less applicable payroll deductions.

In the event, City Attorney shall also be entitled to compensation for accrued vacation and sick leave, if any, in accordance with the then-existing employment policies of the City of Waco. The payment of these severance payments will be made to City Attorney within thirty (30) calendar days of any such termination. Such payment will release the City of Waco from any further obligation under this Agreement. In the event City Attorney's employment is terminated under this section, in consideration for the agreement of the City of Waco to make the payments described herein, the City Attorney agrees to sign a waiver and release of any claims against the City of Waco arising out of or relating to her employment of the termination thereof. By accepting the severance payments described herein, City Attorney does and will waive and release any claims against the City of Waco arising out of or relating to her employment or the termination thereof and will execute an instrument to that effect.