Common use of Termination For Cause Procedure Clause in Contracts

Termination For Cause Procedure. Except as provided for in Subsection (7) below, in the event Employee is terminated for cause, City shall have no obligation to pay any severance, including the Severance Payment described in Section 3.3.5 above. (1) Upon termination for cause, the City shall deliver to Employee a written specification of the charges or other reasons upon which "cause" is alleged. For purposes of this Agreement, termination for "cause" shall be defined as follows: (a) a willful breach of this Agreement; (b) neglect of duties required to be performed under this Agreement; (c) any acts of dishonesty, fraud, misrepresentation or other acts of moral turpitude; or (d) refusal or failure to act in accordance with any directive or order of the City Council. (2) Employee shall then have five (5) business days to challenge such termination for cause by delivery of a written response to such specifications. Within such five (5) day period, Employee may also demand a hearing upon the specifications. Failure to submit a written response or demand a hearing within the five (5) business day period shall constitute a waiver of such right, and the City Council’s determination shall be final. (3) If a written response is submitted but no hearing is demanded, the City Council shall review its decision based upon Employee’s written response. However, any determination by the City Council, after reviewing such written response (where no hearing has been demanded), shall be final and without right of appeal. (4) If a hearing is demanded, such hearing shall be held before an independent hearing officer to be mutually agreed between the Parties, or if no agreement can be reached within ten (10) calendar days, the hearing officer shall be selected from a list provided by JAMS. The list shall consist of five (5) hearing officers who are experienced in public employee labor law issues. Employee shall strike the first name from the list, and the Parties shall then take turns eliminating names from the list until one remains. The remaining name shall then be the selected hearing officer. The fees of the hearing officer shall be advanced, in full, by the City. The decision of the hearing officer shall be binding and without right of appeal. (5) The issues to be determined in the hearing shall be whether the specification(s) alleged constitute "cause" pursuant to this Agreement and whether the specification(s) are supported by a preponderance of the evidence. (6) The Parties acknowledge that a requested hearing for cause shall be held at the earliest possible date, and to that extent, they shall cooperate in selecting a date for the hearing which shall be no later than sixty (60) days following the City's notice of termination for cause. (7) In the event the hearing officer concludes in favor of Employee that no cause exists, Employee’s sole and exclusive remedy shall be the Severance Payment provided for under Section 3.3.5 above; provided, however, that Employee shall be required to fully comply with the terms of Section 3.3.6 above as a condition to receiving the Severance Payment. If Employee fully complies with Section 3.3.6, the Severance Payment shall be Employee's sole and exclusive remedy for termination without cause. If Employee fails to fully comply with Section 3.3.6, Employee understands, acknowledges and agrees that he/she shall have no remedy, in law or equity, for termination without cause. City shall be required only to change its records to reflect that Employee was terminated without cause. The Severance Payment, if required, shall be paid by the City in one lump sum, less applicable deductions, on the date provided for in the document required pursuant to Section 3.3.6 above. Under no circumstance shall Employee be entitled to reinstatement as a result of such hearing.

Termination For Cause Procedure. Except as provided for in Subsection (76) below, in the event Employee is terminated for cause, City shall have no obligation to pay any severance, including the Severance Payment or the Annual Leave Allocation described in Section 3.3.5 3.2.5 above. (1) Upon termination for cause, the City shall deliver to Employee a written specification of the charges or other reasons upon which "“cause" ” is alleged. For purposes of this Agreement, termination for "“cause" ” shall be defined as follows: : (a) a A willful breach of this Agreement; ; (b) neglect Neglect of duties required to be performed under this Agreement; . (c) any Any acts of dishonesty, fraud, misrepresentation or other acts of moral turpitude; or . (d) refusal Refusal or failure to act in accordance with any directive or order of the City Council. (2) Employee shall then have five (5) business days to challenge such termination for cause by delivery of a written response to such specifications. Within such five (5) day period, Employee may also demand a hearing upon the specifications. Failure to submit a written response or demand a hearing within the five (5) business day period shall constitute a waiver of such right, and the City Council’s 's determination shall be final. (3) If a written response is submitted but no hearing is demanded, the City Council shall review its decision based upon Employee’s written response. However, any determination by the City Council, after reviewing such written response (where no hearing has been demanded), shall be final and without right of appeal. (4) If a hearing is demanded, such hearing shall be held before an independent hearing officer to be mutually agreed between the Parties, or if no agreement can be reached within ten (10) calendar days, the hearing officer shall be selected from a list provided by JAMS. The list shall consist of five (5) hearing officers who are experienced in public employee labor law issues. Employee shall strike the first name from the list, and the Parties shall then take turns eliminating names from the list until one remains. The remaining name shall then be the selected hearing officer. The fees of the hearing officer shall be advanced, in full, by the City. The decision of the hearing officer shall be binding and without right of appeal. (5) The issues to be determined in the hearing shall be whether the specification(s) alleged constitute "cause" pursuant to this Agreement and whether the specification(s) are supported by a preponderance of the evidence. (6) The Parties acknowledge that a requested hearing for cause shall be held at the earliest possible date, and to that extent, they shall cooperate in selecting a date for the hearing which shall be no later than sixty (60) days following the City's notice of termination for cause. (7) In the event the hearing officer concludes in favor of Employee that no cause exists, Employee’s sole and exclusive remedy shall be the Severance Payment provided for under Section 3.3.5 above; provided, however, that Employee shall be required to fully comply with the terms of Section 3.3.6 above as a condition to receiving the Severance Payment. If Employee fully complies with Section 3.3.6, the Severance Payment shall be Employee's sole and exclusive remedy for termination without cause. If Employee fails to fully comply with Section 3.3.6, Employee understands, acknowledges and agrees that he/she shall have no remedy, in law or equity, for termination without cause. City shall be required only to change its records to reflect that Employee was terminated without cause. The Severance Payment, if required, shall be paid by the City in one lump sum, less applicable deductions, on the date provided for in the document required pursuant to Section 3.3.6 above. Under no circumstance shall Employee be entitled to reinstatement as a result of such hearing.ten