cause” only pertains to Futrell’s eligibility for severance as described in this Section 4. If the City terminates this Agreement and Futrell’s employment for cause as defined in this Section 4, the City shall deliver a written Notice of Termination for Cause in accordance with the Notice provisions in Section 14 of this Agreement. Prior to making a decision to terminate this Agreement for cause and delivery of said Notice of Termination for Cause, the City Council shall hold at least one closed session meeting where Futrell is afforded an opportunity to address the City Council on the potential termination . A termination "for cause" for purposes of this Agreement includes any or all of the following:
a. Dishonesty;
b. Embezzlement;
c. Conviction of a felony or misdemeanor relating to Futrell’s fitness to perform assigned duties;
d. Fraud in securing this appointment and/or execution of this Agreement;
e. Willful destruction, theft, or misappropriation of City property; f. Repeated unexcused absences;
g. Any act involving moral turpitude, including but not limited to inappropriate workplace behavior and/or retaliation against any employee or member of the public who in good faith reports violations of law or City policy;
h. Taking a position adverse to the interests of the City without the City's prior written consent;
i. Violation of any state or federal discrimination laws concerning race, religious creed, color, national origin, ancestry, sexual orientation, physical or mental disability, marital status, sex, or age concerning members of the public or City staff, or violation of any fiduciary duty owed to the City;
j. Failure to abide by the terms of this Agreement;
k. Repeated failure, without good cause, to carry out lawful directives formally approved by the City Council acting as a body during a Brown Act compliant meeting after written notice and reasonable opportunity to cure; or
l. Failure to observe or perform any of the duties and obligations under this Agreement, if that failure continues for a period of thirty (30) days after Futrell receives written notice.
iii
. Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Futrell from the City shall be fully reimbursed to City if Futrell is convicted of a crime involving an abuse of office or position as defined in California Government Code section 53243.4.
C. S
tatement Upon Termination. In the event this Agreement is terminated prior to the end of the Term for any reason, the City and Futrell agree that no member of the City Council, the City staff, or Futrell, shall make any written, oral or electronic statement to any member of the public, the press, or any City employee concerning said termination except in the Docusign Envelope ID: 997224D9-E830-80EE-8278-C9B21CF2DA2A