Res 2005-039 - Laserfiche WebLink

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B. By City, For Cause. The City may terminate this Agreement for cause. Such termination shall require the majority vote of the City Council and shall be preceded by notice to Employee of the time and location of the meeting, the nature of the charge against Employee, and the opportunity for a hearing thereon. Upon such termination, the City shall have no further obligations under this Agreement, except for the payment of salary, earned vacation (the same as general employees), earned sick leave (up to 90 days), and other benefits earned through the date of termination. For purposes of this Agreement, "cause" shall include, without limitation, the following: . Substantial failure by Employee to perform the duties of the Employee's position for 30 days or more after written notice by City Council of inadequate or unsatisfactory performance; . Failure by Employee to obey orders or directives of the City Manager; . Misconduct in connection with the performance of any of Employee's duties, including, without limitation, misappropriation of funds or property of the City, securing or attempting to secure any personal profit or commercial advantage in connection with any transaction entered into by the City, any falsification or misrepresentation of fact, or any violation oflaw or regulation to which the City is subject; . Commission by Employee of an act involving moral turpitude, fraud, dishonesty, theft or unethical conduct; . Failure by Employee to devote Employee's best efforts to the City's business and affairs; . Failure to cooperate fully in any investigation by the City Councilor by other law enforcement authority; . A breach of City policies or published rules of employee conduct, or other misconduct that amounts to a substantial breach of Employee's duties under this Agreement; or . Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether committed within or outside the scope of Employee's employment hereunder. C. Resignation by Employee. In the event Employee voluntarily resigns her position with the City during the term of this Agreement, then Employee shall give the City 30 days notice in advance, unless the parties agree otherwise in writing. In such event, the City will pay Employee a lump sum cash payment for all salary, earned unused vacation (the same as general employees), earned unused sick leave (up to 90 days), and other benefits that were earned but unused as ofthe last day of active employment. D. Employee's Disability. If Employee remains unable to perform her duties because of medical reasons after exhausting leave available under the Family and Medical Leave Act, if any, the City shall have the option to terminate this agreement subject to the mutual requirements of 3 (A). Page 2 of6