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ARTICLE X LEGAL DEFENSE <br /> 10.1 EMPLOYEES involved in litigation because of negligence, ignorance of the laws, non- <br /> observance of laws, or as a result of EMPLOYEE judgmental decision may not receive <br /> legal defense by the City. <br /> 10.2 An EMPLOYEE who is charged with a traffic violation, ordinance violation or criminal <br /> offense arising from acts performed within the scope of the EMPLOYEE's employment, <br /> when such act is performed in good faith and under direct order of the CITY shall be <br /> reimbursed for reasonable attorney's fees and court costs actually incurred by such <br /> EMPLOYEE in defending against such charge. <br /> 10.3 An EMPLOYEE classified as Level D in the Water area will be covered by the CITY's <br /> professional liability coverage and if, necessary, named separately in the policy. <br /> ARTICLE XI. RIGHT OF SUBCONTRACT <br /> Nothing in this AGREEMENT shall prohibit or restrict the right of the CITY from subcontracting <br /> work performed by EMPLOYEES covered by this AGREEMENT. <br /> ARTICLE XII. DISCIPLINE. <br /> The EMPLOYER will discipline employees only for just cause. Suspension, demotion and <br /> dismissal actions shall be regulated by the Personnel Code. <br /> ARTICLE XIII. SENIORITY. <br /> 13.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when <br /> all job-relevant qualification factors are equal. <br /> 13.2 Seniority will be the determining criteria for recall when all job-relevant qualification <br /> factors are equal. Recall rights under this provision will continue for twenty-four(24) <br /> months after lay off. Recalled employees shall have ten(10)working days after <br /> notification of recall by registered mail at the employee's last known address to report to <br /> work or forfeit all recall rights. <br /> ARTICLE XIV. PROBATIONARY PERIODS <br /> 14.1 All newly hired or rehired EMPLOYEES will service a six(6) month probationary period. <br /> 14.2 All EMPLOYEES will serve a six month (6)month probationary period in any job level in <br /> which the EMPLOYEE has not served a probationary period. <br /> 6 <br />