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6.1. C. - Page 36 <br /> ARTICLE 20 <br /> OUTSIDE EMPLOYMENT <br /> 20.1 A unit member shall not engage in any employment, activity or enterprise for compensation which is <br /> inconsistent, incompatible, in conflict with, or inimical to his/her duties as an employee of the City, or with <br /> the duties, functions, or responsibilities of the City. <br /> 20.2 A unit member shall secure written approval from the City Manager prior to engaging in any employment, <br /> activity, or enterprise for compensation which could be judged to be inconsistent with, incompatible to, or in <br /> conflict with the unit member's duties as an employee of the City. Requests for approval of such outside <br /> employment shall be submitted to the City Manager in writing no less than five (5) days prior to the <br /> anticipated commencement date of the outside employment. <br /> 20.3 Any outside employment, activity, or enterprise shall be prohibited if it involves any of the following: <br /> 20.3.1 The use for private gain or advantage of City time, facilities, equipment or supplies; <br /> 20.3.2 The use of the uniform, prestige or influence of the unit member's City office or employment; <br /> 20.3.3 Receipt or acceptance by the unit member of any money or other consideration from anyone <br /> other than the City for the performance of an act which the unit member, if not performing such <br /> act, would be required or expected to render in the regular course of hours of his/her City <br /> employment or as a part of his/her duties as a City employee; <br /> 20.3.4 The performance of an act in other than his/her capacity as a City employee, which act may later <br /> be subject directly or indirectly to the control, inspection, review, audit or enforcement of the City <br /> or any of its officers or employees; <br /> 20.3.5 Such time demands as would render performance of his/her duties as a City employee less <br /> efficient. <br /> 20.4 Any unit member who is determined to have engaged in an activity prohibited by or in violation of this Article <br /> 22 shall be subject to disciplinary action including, without limitation, suspension or termination. The unit <br /> member shall receive notice of the proposed discipline and shall have the right to appeal through the <br /> Grievance Procedure contained in this Memorandum. <br /> ARTICLE 21 <br /> SEPARABILITY OF PROVISIONS <br /> 21.1 Should any section, clause or provision of this Memorandum of Understanding be declared illegal by a final <br /> judgment of a court of competent jurisdiction, the judgment shall not invalidate the remaining portions of the <br /> Memorandum of Understanding, which shall remain in full force and effect for the duration of this <br /> agreement. <br /> 21.2 If the judgment of a court of competentjurisdiction invalidates any portion of this agreement, the parties <br /> agree to meet and confer concerning substitute provisions for those rendered or declared illegal. <br /> 29 <br />