Common use of Termination by City for Cause Clause in Contracts

Termination by City for Cause. The City Manager may terminate this AGREEMENT at any time by providing EMPLOYEE with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee has occurred, 7) violation of the CITY’s Municipal Code, ordinances, rules, and regulations, including but not limited to the CITY’s Rules and Regulations of the Personnel System (Resolution No. 1974-22) and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Manager, and 12) gross misfeasance or gross malfeasance. If the City Manager terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay EMPLOYEE any severance.

Termination by City for Cause. The City Manager may terminate this AGREEMENT Agreement for cause at any time by providing EMPLOYEE Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach Breach of this AGREEMENTAgreement, 2) willful Willful or persistent material breach of duties, 3) résumé Résumé fraud or other acts of material dishonesty, 4) unauthorized Unauthorized absence or leave, 5) conviction Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, ) or conviction of a felony (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE)under California law, 6) violation Violation of the CITYCity’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY City official or employee or legally prohibited personal acts of discrimination against a CITY City official or employee has occurred, 7) violation Violation of the CITYCity’s Municipal Code, ordinancesOrdinances, rulesRules, and regulationsRegulations, including but not limited to the CITYCity’s Rules and Regulations of the Personnel System (Resolution No. 1974-22) and Administrative PoliciesRules, 8) use Use or possession of illegal drugs, 9) engaging Engaging in conduct tending to bring embarrassment or disrepute to the CITYCity, 10) any Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions direction or policy decisions of the City Manager, and 12) gross Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City Manager terminates for cause this AGREEMENT Agreement and the services of EMPLOYEE Employee hereunder, the CITY City shall have no obligation to pay EMPLOYEE any severance.

Termination by City for Cause. The City Manager CITY may terminate this AGREEMENT at any time by providing EMPLOYEE with five (5) business business-days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including including, but not be limited to to, any of the following: (1) breach of this AGREEMENT, 2) willful or persistent material breach of duties or inattention to duties, 3(2) résumé fraud or other acts of material dishonesty, 4(3) unauthorized or excessive absence or leave, 5(4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality)) or abuse of position as city manager, conviction of a misdemeanor DUI, or (5) conviction of a felony under California law, (6) violation by EMPLOYEE of the City’s anti-harassment policies (Exhibit C), as may be amended, or a finding a legally prohibited personal act of harassment against a City official or employee or legally prohibited personal act of discrimination against a City official or employee has occurred and EMPLOYEE was aware or should have been aware of that act, (7) violation of state law or the LMC or any city ordinance, rule or regulation, (8) use or possession of illegal drugs in violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol that materially affects the performance of required duties as city manager, (10) engaging in conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or unethical act involving personal gain, including conviction of theft or attempted theft, (12) EMPLOYEE’S significant mismanagement of City finances, (13) any pattern of repeated, willful and intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15) failure to comply with the International City Manager Association Code of Ethics (Exhibit B), as may be amended; or (16) any similar cause. For any of the foregoing, the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE), 6) violation of the CITY’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee has occurred, 7) violation of the CITY’s Municipal Code, ordinances, rules, and regulations, including but not limited to the CITY’s Rules and Regulations of the Personnel System (Resolution No. 1974-22) and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City Manager, and 12) gross misfeasance or gross malfeasanceresolution. If the City Manager CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, then the CITY shall have no obligation to pay EMPLOYEE any severance.

Termination by City for Cause. The City Manager CITY may terminate this AGREEMENT at any time by providing EMPLOYEE with five (5) business days’ ' written notice of the termination for cause and the facts and grounds constituting such cause. The term “"cause” " shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) breach of this AGREEMENT, 2) willful or persistent material breach of duties, 3) résumé fraud or other acts of material dishonesty, 4) unauthorized absence or leave, 5) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony (the CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of charges brought against EMPLOYEE)felony, 6) violation of the CITY’s 's anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee has occurred, 7) violation of the CITY’s Municipal CodeSHMC, ordinances, rules, and regulations, including but not limited to the CITY’s 's Rules and Regulations of the Personnel System (Resolution No. 1974-22) and Administrative Policies, 8) use or possession of illegal drugs, 9) engaging in conduct tending to bring embarrassment or disrepute to the CITY, 10) any illegal or unethical act involving personal gain, 11) pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted directions or policy decisions of the City ManagerCouncil, and 12) gross misfeasance or gross malfeasance. The CITY may, in its discretion, place EMPLOYEE on paid or unpaid administrative leave until resolution of any criminal charges brought against EMPLOYEE. If the City Manager CITY terminates for cause this AGREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay EMPLOYEE any severance.