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HomeMy WebLinkAboutResolution 2010-030 N.C.S. 03/01/2010Resolution No. 2010-030 N.C.S. of the City of Petaluma, California APPROVING THIRD AMENDMENT TO THE AGREEMENT FOR EMPLOYMENT OF CITY CLERK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, the City and City Clerk Claire Cooper entered into an Agreement for Employment of City Clerk ("Agreement") dated June 6, 2005; and, WHEREAS, the City and City Clerk Claire Cooper executed a first amendment to the Agreement on June 4, 2007, and subsequently executed a second amendment to the Agreement, which amendment also had an effective date of June 4, 2007; and, WHEREAS, the City of Petaluma continues to face financial shortfalls and impending layoffs, and in response to such challenging and difficult financial and economic conditions, all City of Petaluma employees have agreed to reduce their pay by 3.1 % for an eighteen (18) month period effective December 28, 2009 and through June 26, 2011 to reduce the City's operating costs during FY 2009-2010 and FY 2010-2011, and have accepted terms and incentives for doing so; and, WHEREAS, City Clerk Claire Cooper wishes to participate in the 3.1% pay reduction under the same terms and conditions and with the same incentives as other City employees; and. WHEREAS, the City Council desires to accept and agree to City Clerk Claire Cooper's voluntary 3.1 % reduction in annual salary effective December 28, 2009 and through June 26, 201 l; and WHEREAS, the City Council and City Clerk Claire Cooper agree to the terms of employment, compensation, and benefits relating to the position of City Clerk set forth in the Third Amendment to the Agreement for Employment of City Clerk attached to this resolution as Exhibit A. Resolution No. 2010-030 N.C.S. Page 1 NOW, TI~ElZEFOIZE, BE IT 1tESOLVED by the City Council of the City of Petaluma as follows: 1. The Third Amendment to the Agreement for Employment of City Clerk, which is attached to and made a part of this resolution as Exhibit A, is hereby approved. 2. The Mayor is hereby authorized and directed to execute on behalf of the City the Third Amendment to the Agreement for Employment of City Clerk attached to and made a part of this resolution as Exhibit A. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the Approved Council of the City of Petaluma at a Regular meeting on the 1 S' day of March, 2010, f~r~n by the following vote: (~1 AYES: Barrett, Vice Mayor Glass, Healy, Babbitt, Renee, Mayor Torliatt NOES: None ABSENT: Harris ABSTAIN: None ATTEST: City Clerk City Att~ey Resolution No. 2010-030 N.C.S. Page 2 EXHIBIT A Third Amendment to Agreement for Employment of City Clerk WHEREAS, the City of Petaluma ("City") and City Clerk ("Employee") entered into an AGREEMENT FOR EMPLOYMENT OF CITY CLERK as of June 6, 2005 ("Agreement"), and later executed a first amendment to the Agreement on June 4, 2007 and subsequently executed a second amendment to the Agreement, which second amendment also had an effective date of June 4, 2007; and, WHEREAS, the City of Petaluma continues to face financial shortfalls and impending layoffs, and in response to such challenging and difficult financial and economic conditions, all City of Petaluma employees have agreed to reduce their pay by 3.1 % for an eighteen (18) month period effective December 28, 2009 and through June 26, 201 1 to reduce the CITY's operating costs during FY-2009-2010 and FY 2010-201 1, and have accepted terms and incentives for doing so; and, WHEREAS, Employee wishes to participate in the 3.1% salary reduction/leave program under the same terms and conditions and with the same incentives as other City employees; and WHEREAS, the City Council desires to accept and agree to amendments to the terms of the Agreement to implement the agreement between City and Employee concerning such pay reduction and incentives; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that effective December 28, 2009: The AGREEMENT FOR EMPLOYMENT OF CITY CLERK dated June b, 2005 ("Agreement"), as amended by the first and second amendments to the Agreement, is hereby amended by this third amendment ("Amendment") to the Agreement in accordance with the following. a. Provision 4 of the Agreement is amended to reduce the total annual compensation of $91,915 by 3.1 % and to substitute $89,066 as the temporary new total annual compensation effective December 28, 2009 through June 26, 201 1: Effective June 27, 201 l ,the temporary total annual compensation pursuant to this Amendment shall expire, and the total annual compensation shall be restored to the total annual compensation in effect December 27, 2009 or the then current total annual compensation, whichever is greater. b. Anew provision 7(b) (1) of the Agreement is added to read: "Employee shall be granted 48 hours paid special leave effective June 27, 201 1. Such special leave must be taken by December 22, 2013. Special leave not used by December 22, 2013 will cease to exist on December 23, 2013 and will have no cash value. c. Anew provision 7(b)(2) of the Agreement is added to read: "Employee's vacation leave accrual limit pursuant to section 6 of the Agreement shall be temporarily increased by forty-eight (48) hours from December 28, 2009 through December 22, 2013. Leave hours accrued above the regular accrual limit pursuant to section 6 of the Agreement shall have no cash value. Effective December 23, 2013, the vacation leave accrual limit will revert to the regular limit pursuant to section b of the Agreement, and any remaining accrued, unused vacation leave in excess of the regular accrual limit pursuant to section 6 of the Agreement will cease to exist and have no cash value." Resolution No. 2010-030 N.C.S. Page 3 d. Anew provision 7~b)~3) is added to read: "Employee shall receive a bank of 96 hours of special administrative leave, 32 hours of which is to be taken in each of the three, successive six-month periods starting December 28, 2009 and ending June 26, 201 1. Unused special administrative leave hours not taken by June 27, 201 1, December 26, 2010 and June 26, 201 1 do not carry forward, will cease to exist on June 26, 201 1, and have no cash value. Special administrative leave hours may be used flexibly in full or part-day increments, and may be used in lieu of vacation or sick leave." City will review its revenue position with employee groups prior to June 30 and December 31, 2010 to determine whether new revenues will be received fhat would reduce the need for the employee salary concessions granted. Upon a determination that such revenues associated with certain new development or new increased tax sources will be received, the base salary reduction specified in provision 1(a) of this Amendment and the special administrative leave specified in provision 1(d) of this Amendment will be reduced by 1 hour or the dollar equivalent for every $10,000 in new revenue to be received. 3. Notwithstanding anything to the contrary in this Amendment, if Employee separates from City service between December 28, 2009 and June 26, 201 1, any leave balances subject to cash payment in accordance with the Agreement shall be paid at the rates in effect on December 27, 2009. 4. This Amendment shall become effective December 28, 2009 and expire and cease to be of any effect on December 24, 2013 without further action by Employee or City. Effective December 24, 2013 each term of the Agreement modified pursuant to this Amendment shall be the same as before this Amendment took effect, as if this Amendment never existed, subject to any amendments to the Agreement subsequent to the date of this Amendment. 5. Except as modified by this Amendment, the Agreement remains unchanged and in full force and effect. Dated: EMPLOYEE By Claire Cooper, Cify Clerk Dated: CITY Bv: Pamela Torliatt, Mayor ATTEST: Deborah L. Padovan Deputy City Clerk APPROVED AS TO FORM: Eric Danly City Attorney 1381254.1 Resolution No. 20]0-030 N.C.S. Page 4