Common use of Separation for Cause Clause in Contracts

Separation for Cause. (1) Notwithstanding the provisions of Section 6.0, the City Manager may be terminated for ca use. (a) Willful misconduct; (b) Malfeasance; (c) Dishonesty for personal gain; (d) Conviction of a felony; (e) Conviction of a misdemeanor involving moral turpitude; (f) Continued abuse of drugs or alcohol that materially affects the performance of the Manager's duties; (g) Repeated and protracted unexcused absences from the City Manager's office and duties; (h) Willful abandon of duties; or (i) Acceptance of employment from another source which is inconsistent with full- time employment as ▇▇▇▇▇▇▇'▇ City Manager. (2) In the event the City terminates the City Manager for cause, then the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination, and such other termination benefits and payments as may be required by law. The City Manager shall not be entitled to any severance benefits. (3) In the event the City terminates the City Manager for cause, the City and the City Manager agree neither Party shall make any written or oral statements to members of the public or the press concerning the City Manager's termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party. Provided, however, that either Party may verbally repeat the substance of any such press release in response to inquiries by members of the press or public. (4) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall be entitled to the City Manager’s earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances.

Separation for Cause. (1) Notwithstanding the provisions of Section 6.0Subsections 6.C and 7.A, the City Manager Employee may be terminated for ca use.cause. As used in this section, "cause" shall mean only one or more the following: (a) Willful misconductConviction of any felony or conviction of a misdemeanor involving an abuse of Employee’s position as City Administrator; (b) Malfeasance; (c) Dishonesty for personal gain; (d) Conviction of a felony; (e) Conviction of a misdemeanor involving moral turpitude; (f) Continued abuse of non-prescription drugs or alcohol that materially affects the performance of the ManagerCity Administrator's duties; (gc) Repeated and protracted unexcused absences from the City ManagerAdministrator's office and duties; (hd) Willful abandon Failure to comply with employment policies of duties; the City or (ie) Acceptance Failure to comply with the office and duties of employment from another source which is inconsistent with full- time employment the City Administrator as ▇▇▇▇▇▇▇'▇ City Managerrequired by this Agreement or as described in ICMA Code of Ethics. (2) In the event the City terminates the City Manager Employee for cause, then the City may terminate this Agreement immediately, and the City Manager Employee shall be entitled to only the compensation accrued up to the date of termination, payments required by Subsection 6.F, and such other termination benefits and payments as may be required by law. The City Manager Employee shall not be entitled to any severance benefits.benefits provided by Subsection 6.C. (3) In the event the City terminates the City Manager Employee for cause, the City and the City Manager Employee agree neither Party shall make any written or oral statements to members of the public or the press concerning the City Manager's Employee’s termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party. Provided; provided, however, that either Party may verbally repeat the substance of any such press release in response to inquiries by members of the press or public. (4) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall be entitled to the City Manager’s earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances.