Common use of Termination by City for Cause Clause in Contracts

Termination by City for Cause. The City may terminate this Agreement for cause 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) or conviction of a felony under California law, 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 Personnel Rules, 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) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) 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 terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.

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

Termination by City for Cause. The City CITY may terminate this Agreement for cause AGREEMENT 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 under California lawfelony, 6) Violation violation of the City’s CITY'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 City’s Municipal CodeSHMC, Ordinancesordinances, Rulesrules, and Regulationsregulations, including but not limited to the City’s CITY's Rules and Regulations of the Personnel RulesSystem and Administrative Policies, 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 direction directions or policy decisions of the City ManagerCouncil, 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 The CITY may, in its discretion, place Employee EMPLOYEE on paid or unpaid administrative leave until resolutionresolution of any criminal charges brought against EMPLOYEE. If the City CITY 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.