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such examination will be equally shared by the City and <br /> the employee and the decision of this third physician <br /> concerning the continuing ability of the employee to <br /> perform his /her work shall be the basis for returning <br /> the employee to his /her regular work. <br /> Section 24. Outside Employment <br /> Employees who plan to participate in any gainful <br /> occupation other than City service during off -duty time <br /> must secure written permission to do so from the Police <br /> Chief. The City retains the right to refuse permission <br /> to any employee for such outside employment whenever it <br /> appears to the City that such outside employment would <br /> materially interfere with the proper performance of the <br /> City's service for which the employee has been hired, or <br /> that such outside employment may place the employee in a <br /> position of conflict with the City. <br /> In the event of illness or injury incurred by members so <br /> employed or arising out of such employment, the City <br /> will in no way be responsible for compensation or any <br /> other benefits. <br /> Use of City equipment or City identification by signs, <br /> insignia, or dress is permitted only while working for <br /> the City. <br /> No employee shall solicit outside employment while on <br /> duty for the City nor use his City position as an aid or <br /> leverage to gain outside employment. <br /> Section 25. Separability of Provisions <br /> In the event that any provision of this Memorandum of <br /> Understanding is declared by a court of competent <br /> jurisdiction to be illegal or unenforceable, that <br /> provision of the Memorandum of Understanding shall be <br /> null and void, but such nullification shall not affect <br /> any other provisions of this Memorandum of <br /> Understanding, all of which other provisions shall <br /> remain in full force and effect. <br /> Memorandum of Understanding <br /> Page 27 <br />