(a) At-will employment. The board of trustees may remove the village manager at any time by a majority vote of its members. The term of the village manager's employment by the village shall be at the will and desire of the village board and shall not be for a fixed or stated term. Nothing in the terms of this code or in any employment agreement with the village manager shall prevent, limit or otherwise interfere with the right of the village board to terminate the services of the village manager at any time. The village manager shall have no property or any other right to a continuation of employment as village manager.
(b) Severance provisions.
(1) In the event that the board of trustees removes the village manager during such time as the village manager is willing and able to perform the duties of village manager, and provided that the village manager has not breached any provision of any employment agreement that may have been reached with the village, and provided further that the village manager has not been convicted of any felony or any crime involving moral turpitude, the village board shall exercise one of the following two severance options:
A. The board may deliver to the village manager a written notice of termination that will allow the village manager to serve as a consultant of the village for a period of six months with all the salary, health, dental, life insurance and pension benefits provided at the same level as at the time of such notice. In addition, within 15 days after delivery of such notice of termination, the village manager shall be entitled to receive in a lump sum payment the cash value of 100% of his or her accrued and unused sick days as of the date of delivery of such notice of termination. In his or her role of consultant as herein described, the village manager shall only perform those duties as established by the board of trustees, notwithstanding any provision to the contrary in this code or Illinois statutes; or
B. The board may deliver to the village manager a written notice of termination that will entitle the village manager to receive within 15 days after delivery of such notice a lump sum cash payment in an amount equal to the value of six months of the salary, health, dental, life insurance and pension benefits provided at the time of such notice, plus the cash value of 100% of his or her accrued and unused vacation days and 50% of his or her accrued and unused sick days as of the date of delivery of such notice of termination.
(Ord. No. 91-21-1863)
(2) The severance option chosen by the board shall constitute the full extent of the village's liability to the village manager resulting from his or her employment as village manager, unless expressly modified by an employment agreement between the village and the village manager.
(c) Reduction in salary. In the event that the village at any time reduces the village manager's salary by a greater percentage than an applicable across-the-board reduction for village employees, the village manager may, at his or her option, declare his or her removal as village manager and be entitled to the severance provisions provided in subsection 2-24(b) above.
(d) Voluntary termination. In the event that the village manager desires to resign, he or she shall deliver a written notice of termination to the board not less than 90 days prior to the effective day of his or her resignation, and he or she shall not be entitled to any of the severance provisions provided herein.
(e) Termination by death. Notwithstanding anything in this § 2-24 to the contrary, in the event of the village manager's death, any employment agreement in force between the village and the village manager shall terminate automatically and without any resulting liability of the village to the village manager or his or her estate, except as provided in subsection 2-24(f) below.
(f) Vacation and sick pay. Notwithstanding anything to the contrary in subsections 2-24(d) and 2-24(e) above, in the event the village manager resigns, or in the event of the village manager's death, the village manager or his or her estate shall be entitled to the full cash value of 100% of any of his or her accrued and unused vacation days and 50% of any of his or her accrued and unused sick days as of the date of such resignation or death.
(Ord. No. 91-21-1863)