Council Determination Sample Clauses

Council Determination. Based upon the information described in Section 23.05 above, the City Council shall determine by resolution a resolution of the dispute whether the decision or order of the City Manager should be upheld. A tie vote of the CITY Council shall be regarded as approving the City Manager’s Proposed Resolution CONTRACTOR’s performance under the Agreement is not excused during the existence of a dispute.
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Council Determination. Within ten working (10) days of receiving the opinion of the arbitrator and the appeal record, the City Manager shall forward them to the City Council together with a recommendation. The matter shall be placed on the City Council agenda for determination within twenty working (20) days. The City Council shall consider the matter in closed session unless requested to conduct its deliberations in public by the affected employee. No additional evidence or argument may be submitted to the Council. The Council's decision will be announced at the end of the deliberations and a written decision and appropriate finding shall be forwarded to the employee within fifteen working (15) days of the Council's decision. The Council shall not reverse the arbitrator's recommendation, except by unanimous vote.
Council Determination. Whenever in the judgment of the City Council, it becomes necessary in the interest of economy or because of necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay-off, reassign, demote or transfer an employee holding such position or employment and same shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise lay off an employee in the competitive service because of material change in duties or organization or shortage of work or funds.

Related to Council Determination

  • Franchise Tax Board Review (a) In addition to the reporting requirements in section 6, Taxpayer agrees to comply with the FTB’s review of the books and records for purposes of determining if Taxpayer has complied with the requirements of this Agreement. (b) For any business other than a Small Business, Taxpayer acknowledges that the FTB shall review the books and records of all taxpayers allocated a Credit pursuant to this Agreement to ensure compliance with the terms and conditions of this Agreement and agrees to cooperate with the FTB in such a review. In the case of a taxpayer that is a Small Business, Taxpayer acknowledges that a review of the books and records of a taxpayer shall be made when, in the sole discretion of the FTB, a review of those books and records is appropriate and agrees to cooperate with the FTB in such a review. If the FTB exercises its discretion to review the books and records of a Small Business taxpayer, the review will be conducted to ensure compliance with this Agreement. The guidelines and procedures for these reviews are outlined in the FTB’s Notice #2014-2 dated November 7, 2014. (c) These reviews will not constitute an audit of the tax return under Part 10.2 (commencing with section 18401) of the RTC and the regulations thereunder, and will not preclude the FTB from auditing any issue in any taxable year, including a taxable year included in the term of this Agreement. (d) If during the review of the books and records, the FTB determines there is a potential material breach of this Agreement by Taxpayer, and notwithstanding RTC section 19542, the FTB shall notify GO-Biz and provide, in writing, detailed information regarding the basis for that determination.

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