CITY COUNCIL MEETING AGENDA PACKET

4938-6770-8028 v1 -50 - the City that such outside employment would materially interfere with the proper performance of the City's service for which the employee has been hired, or that such outside employment may place the employee in a position of conflict with the City. In the event of illness or injury incurred by members so employed or arising out of such employment, the City will in no way be responsible for compensation or any other benefits. Use of City equipment or City identification by signs, insignia, or dress is permitted only while working for the City. Section 31. Meal Pay AnyEffective the first full pay period after City Council ratification of a new MOU, any employee required to work twelve (12) consecutive hours or beyond in a given work duty period, and is directed by their supervisor to continue working without the opportunity for a dinner meal break shall be provided a meal allowance of seventeentwenty-five dollars ($1725.00), which shall be paid on the employee’s regular pay check. Section 32. Modified Duty The City may return an employee to modified duty on a temporary basis provided that a physician's release to return to modified duty has been issued, the Department Head and/or division chief has determined that suitable modified duty exists, and that the employee can perform said work safely and not impede his/her convalescence. Modified duty shall be provided in accordance with the City of Pleasanton “Return to Work Opportunity Program”. Section 33. Americans with Disabilities Act The City and the Union recognize that the City has an obligation under law to meet with individual employees who allege a need for reasonable accommodation in the workplace because of a disability. If by reason of the aforesaid requirement, the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with the ADA which are in potential conflict with any provision of this Memorandum of Understanding, the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss same prior to implementation by the City. Section 34. Scope of Agreement and Separability of Provisions In34.1 Scope of Agreement. Neither party shall. during the eventterm of this MOU demand any modifications to the MOU, provided that any nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. 34.2 Separability of Provisions. Should any section. clause or provision of this Memorandum of Understanding is MOU be declared by illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction to be illegal or unenforceable, that . such invalidation of such section. clause or provision of the Memorandum of Understanding Page 117 of 200