Joseph

FACTS

On November 17, 2016, plaintiff and City entered into a “CHIEF OF POLICE EMPLOYMENT AGREEMENT” specifying the terms, benefits, and requirements regarding City’s employment of plaintiff as its chief of police. It was signed by plaintiff and Frank Pietro, city manager, and attested to by the city clerk. Section 2.2 addressed City’s removal of plaintiff from his employment as chief of police by stating:

“Joseph shall be designated an ‘at-will’ employee. Accordingly, the City Manager may terminate this [Chief of Police] Employment Agreement and remove Joseph from the position of Police Chief at any time, for any reason, with or without cause. If the City Manager removes Joseph from the position of Police Chief for any reason other than willful misconduct in office or conviction of a crime of moral turpitude, Joseph shall be given the option to either:

“2.2.1 Return to his previous position of Police Lieutenant, where his compensation will be based on Step 6 of Range 315 of the Salary Schedule for Police Lieutenant; or

“2.2.2 Terminate his employment with the City and receive four (4) months wage continuation pay, with such pay to be computed at the highest base salary…