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Res 2005-037
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Res 2005-037
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Last modified
11/9/2005 1:34:35 PM
Creation date
11/9/2005 1:34:22 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-37
Date
4/5/2005
Volume Book
161
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<br />termination will be compensated as provided for general employees, unless otherwise addressed <br />in this document. <br /> <br />In the event that the City, at any time during the term of this Agreement, reduces the salary, <br />benefits, or other compensation of Employee in a percentage greater than the salary and/or <br />benefit reduction imposed on all employees of the City, then such reduction may be deemed by <br />the Employee to constitute a termination without cause, at his option, provided he gives written <br />notice of same within seven (7) calendar days following such reduction. <br /> <br />B. By City, For Cause. The City may terminate this Agreement for cause. Such termination <br />shall require the majority vote of the City Council and shall be preceded by notice to Employee <br />of the time and location of the meeting, the nature of the charge against the Employee, and the <br />opportunity for a hearing thereon. Upon such termination, the City shall have no further <br />obligations under this Agreement, except for the payment of salary, earned vacation (up to 90 <br />days), earned sick leave (up to 90 days), all frozen holiday bank and other benefits earned <br />through the date of termination. For purposes of this Agreement, "cause" shall include, without <br />limitation, the following: <br /> <br />· Substantial failure by Employee to perform the duties of the Employee's position for 30 <br />days or more after written notice by City Council of inadequate or unsatisfactory <br />performance; <br /> <br />· Failure by Employee to obey orders or directives of the City Council; <br /> <br />· Misconduct in connection with the performance of any of Employee's duties, including, <br />without limitation, misappropriation of funds or property of the City, securing or <br />attempting to secure any personal profit or commercial advantage in connection with any <br />transaction entered into by the City, any falsification or misrepresentation of fact, or any <br />violation oflaw or regulation to which the City is subject; <br /> <br />· Commission by Employee of an act involving moral turpitude, fraud, dishonesty, theft or <br />unethical conduct; <br /> <br />· Failure by Employee to devote Employee's best efforts to the City's business and affairs; <br /> <br />· Failure to cooperate fully in any investigation by the City Councilor by other law <br />enforcement authority; <br /> <br />· A breach of City policies or publishe9. rules of employee conduct, or other misconduct <br />that amounts to a substantial breach of Employee's duties under this Agreement; or <br /> <br />· Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether <br />committed within or outside the scope of Employee's employment hereunder. <br /> <br />C. Resignation by Employee. In the event Employee voluntarily resigns his position with the <br />City during the term of this Agreement, then Employee shall give the City 30 days notice in <br />advance, unless the parties agree otherwise in writing. In such event, the City will pay Employee <br />a lump sum cash payment for all salary, earned vacation (up to 90 days), earned sick leave (up to <br />90 days), and other benefits that were earned but unused as of the last day of active employment. <br /> <br />Page 2 of6 <br />
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