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<br /> 22.3.4 The performance of an act in other than his/her capacity as a City employee, <br /> which act may later be subject directly or indirectly to the control, inspection, <br /> review, audit or enforcement of the City or any of its officers or employees; <br /> 22.3.5 Such time demands as would render perfonnance of his /her duties as a City <br /> employee less efficient. <br /> 22.4 Any unit member who is detennined to have engaged in an activity prohibited by or in <br /> violation of this Article 22 shall be subject to disciplinary action including, without <br /> limitation, suspension or tennination. The unit member shall receive notice of the <br /> proposed discipline and shall have the right to appeal through the Grievance Procedure <br /> contained in this Memorandum. <br /> ARTICLE 23 <br /> SEPARABILITY OF PROVISIONS <br /> 23.1 Should any section, clause or provision of this Memorandum of Understanding be <br /> declared illegal by a final judgment of a court of competent jurisdiction, the judgment <br /> shall not invalidate the remaining portions of the Memorandum of Understanding which <br /> shall remain in full force and effect for the duration of this agreement. <br /> 23.2 If the judgment of a court of competent jurisdiction invalidates any portion of this <br /> agreement, the parties agree to meet and confer concerning substitute provisions for those <br /> rendered or declared illegal. <br /> 36 <br /> .. I·' "'" - -- ..-." ~ <br />