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3. Employee resigns, sdherootion. hdlovvngafornlm| requeotforhorreak]nationbvtheCdxCouncj| <br /> during a City Council meeting. <br /> B. Termination for Cause: The City may terminate the Employee for cause. Such termination shall <br /> require the majority vobeoftheCih/ Counci| ineocordanoevviththeCityCherterandnhaUbe preceded <br /> by notice to Employee. For purposes of this Agreement, "cause" aheU include, without |imitation, the <br /> following: <br /> 1. Misconduct in connection with the performance ofany of Employee's duties, including, without <br /> |imitadion, misappropriation of funds or property of the City, securing or attempting to secure any <br /> personal profit or commercial advantage in connection with any transaction entered into by the City, <br /> any falsification or misrepresentation of fact, or any violation of law or regulation to which the City <br /> is subject; <br /> ~ ' <br /> 2. Conviction ofafelony of#anse, orofa misdemeanor involving moral turpitude, whether committed <br /> within or outside the scope of Employee's employment hereunder. <br /> 3. Notice to the Employee of proposed termination: Employee ohe|| be given written notice of the <br /> Counci|'s intent to terminate Employee and the date of a hearing to be conducted in an <br /> executive session of the Council at least ten (10) calendar days prior to such hearing and <br /> termination. Employee shall be given the opportunity to present evidence at the hearing in <br /> response to such proposed termination. Employee's failure to appear atsuch hearing does not <br /> prohibit the Council from taking action to terminate Employee. Employee shall have the option to <br /> request a public hearing. <br /> C. Resignation by Employee. <br /> In the event Employee voluntarily resigns her position with the City during the term of this <br /> Agreement, then Employee shall give the City 3Odays' notice in advance, unless the parties agree <br /> otherwise inwriting. <br /> SectiVn14: Nc6iume <br /> Nudmaa pursuant ho this Agreement shall be given by deposit in the custody of the United States Postal <br /> Service, postage prepaid, addressed aofollows: <br /> (1) C|TY: Mayor <br /> City of San yWanuoa <br /> O3O East Hopkins Street <br /> San Marcos, Texas 780O0 <br /> (2) EMPL0YEE: Stephanie LReyes <br /> O30 East Hopkins Street <br /> San Marcos, Texas 780OO <br /> Alternatively, notices required pursuant to this Agreement may be personally delivered. Notice shall be <br /> deemed given asof the date of personal delivery. <br /> Section 1S: Arbitration <br /> Any and all disputes arising out of or relating to this Agreement, or the Employee's employment with the <br /> City or the termination thereof, ahe|| be resolved solely by arbitration in San Marcos, Texas under the <br /> then existing rules of the American Arbitration Association for employment dispute resolution. Judgment <br /> upon the award rendered may be entered in any court of competent jurisdiction. The cost of such arbitration <br /> shall be borne equally by the parties. Arbitration shall be in accordance with the Federal Arbitration Act <br /> � 4 | Pog e <br /> SLR jf� JH <br />