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b. Termination for Cause: City may terminate this Agreement for Cause <br />upon these grounds: <br />(i) Conviction of a felony or conviction of a misdemeanor involving <br />moral turpitude. A plea of guilty, or a conviction following a plea of nolo <br />contendere, to a charge of a felony or any offense involving moral turpitude, is <br />deemed to be a conviction within the meaning of this subsection; or <br />(ii) Unlawful discrimination, including harassment, on the basis of <br />race, religious creed, color, national origin, ancestry, physical handicap, marital <br />status, sex or age, against the public or other employee(s) while acting in the <br />capacity of a city employee. <br />(iii) Intentional refusal by the Employee to perform his Duties or <br />Additional Duties as assigned, after being given Notice by the City Manager in <br />writing that such continued refusal shall result in the termination of this <br />Employment Agreement; or <br />(iv) Any conduct of the Employee detrimental to the mission, goals and <br />services of the City and its individual Departments or which disparages the City, <br />its officers, directors, employees, agents or family members of any of the same, in <br />any manner likely to be harmful to them or their business reputation or personal <br />reputation. In such occurrence the City shall provide to the Employee written <br />Notice of the alleged detrimental or disparaging conduct and its intent to terminate <br />this Employment Agreement. No such termination shall be effective unless and <br />until the decision to terminate has been upheld by an arbitrator at Judicial <br />Arbitration and Mediation Services ("JAMS"). The arbitrator shall be chosen <br />jointly by the parties. If the parties cannot mutually agree on an arbitrator the <br />arbitrator shall be selected pursuant to the practices of JAMS. At the hearing <br />before the Arbitrator the City shall bear the burden of proof by a preponderance of <br />the evidence that the Employee committed the acts as alleged and that the conduct <br />is detrimental to the mission, goals or services of the City or disparaging to the <br />City, its officers, directors, employees, agents or family members of any of the <br />same, in any manner likely to be harmful to them or their business reputation or <br />personal reputation. The cost of the hearing shall be borne by the City. <br />Any conduct of the Employee that constitutes protected and concerted <br />activity under the National Labor Relations Act shall not be the basis for a <br />termination of this Agreement. <br />8. Unemployment Benefits. Employee agrees not to apply for unemployment <br />benefits related to his City employment following the termination of this Agreement. <br />3 <br />55394.00000\7818416.1