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Home My WebLink AboutResolution 2002-121 N.C.S. 08/05/2002Resolution No. 2002-121 N.C.S. of the City of Petaluma, California 1 APPROVING THE AGREEMENT FOR EMPLOYMENT 2 OF CITY CLERK AND AUTHORIZING MAYOR TO 3 EXECUTE SAID AGREEMENT 4 5 6 WHEREAS, Gayle Petersen will begin employment with the City of Petaluma as City 7 Clerk on September 3, 2002; and 8 9 WHEREAS, Gayle Petersen and the Petaluma City Council wish to enter into a written 10 Agreement for Employment of City Clerk. 11 12 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of 13 Petaluma does hereby approve the Agreement for Employment of City Clerk (attached hereto as 14 Exhibit "A"). 15 16 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said 17 Agreement for Employment of City Clerk. on the Ci.ty's behalf. 18 19 20 21 22 reso 23 8!12/02 (fmk) Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special meeting form on the .........5th........... day of ........August .................................. 20.Q~, by the ~~7 following vote: ••••••~~•••-••••••••••• City Attorney AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Torliatt NOES: Norie ABSENT: Ma or Thompson ATTEST: ... ................................... ............................................ ........ .. ............................................................................. City Clerk Mayor Council File ................................... Res. No. .......2002.;121,_..,.,N.C.S. AGREEMENT F®R'EMPLOY'MENT' OF CITE' CLERK THIS AGREEMENT, made and. entered into this ~ rkday of , 2002, and between the City of Petaluma, a Charter City (the "City"), and Gayle Petersen (the "Empl'oyee"), both of whom understand as follows: WITNES SETH: WHEREAS, the City desires 'to employ the services of said Employee as the City Clerk as provided by the Petaluma Municipal Code and. the. Petaluma City Charter; and WHEREAS, it is the desire of the City to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires to accept employment as City Clerk of said City. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties. The City hereby agrees to employ Gayle Petersen as City Clerk of said City to perform the functions and duties specified in~the Petaluma Municipal Code, the Petaluma City Charter, and as provided by state or federal law, and to perform other .legally permissible and proper duties and .functions as the City Council shall from time to time assign, consistent. "witth 'the Petaluma, City Charter. Section 2. Employment. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council acting for the City to terminate the services of Employee at anytime,. with or without cause: In the event City terminates Employee's services, City shall give Employee ninety (90) days' notice in advance, unless the parties agree otherwise. Reso. No. 2002-121N.C:S. Page 2 B. Employee agrees to remain in 'the :.exclusive employ of the City for so long as employment is mutually acceptable ,to both:Employee and the City, and neither to ` accept other employment nor to become employed by any other employer until termination of this Agreement, except with specific permission of the City Council for endeavors which are not in conflict with the Employee's duties and responsibilities as the City Clerk. C. In the event Employee voluntarily resigns her position with the City, then Employee shall ,give the City forty,-five (45) days' notice in advance, unless the ~• parties otherwise agree. Section 3. Suspension. The City may' suspend the Employee with full pay and benefits at any time during the term of this Agreement. Section 4. Compensation. Thee City agrees to pay Employee for her services .rendered annual compensation of Ninety :Thousand Dollars ($90,000.00), of which, 'seven percent (7%) of the annual compensation will be contributed by the City on Employee's behalf to the California Public Employee Retirement System ("PERS"), for a total annual compensation of $9.0,000.00, inclusive of the PERS contribution, payable in installments at the same time as other employees of the City are paid. Section 5. Performance Review. Formal performance .reviews will be conducted annually, unless the City Council and the City Clerk mutually agree otherwise. The parties agree that the criteria will be developed and revised, annually, and mutually agreed to, on which Employee will be evaluated. Section 6. OtherBeriefits. Employee shall b'e provided with the same health, dental, life insurance, leave and retirement benefits as o her full-time department heads of the City, except as otherwise provided herein. Reso. No: 2002-121 N.C.s. Page 3 Section 7 Other Terms and Conditions of Employment. A. The City Council in consultation with `Employee shall fix any such other terms and conditions of employment, as it'may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, the Municipal Code or .any applicable s*ate or federal law. B. Employee shall be entitled to three weeks of paid vacation annually. All regulations and rules of the City relating to vacation and sick leave; retirement and pension. system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended may also apply to Employee as they would to other department heads of the City, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. Section 8. Notices. ' Notices pursuant to this Agreement shall be given by depbsit in the eu5tody of the United . States Postal Service,. postage prepaid, addressed as follows: - EMPLOYER: City of Petaluma 11 English Street Petaluma, California 94952 EMPLOYEE: Gayle Petersen 33.57 Rosada Court Pleasanton, California 94588 Alternatively, ',notices' required pursuant to this Agreement .maybe personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the court of transmission in the United States Postal Service. Section 9. General Provisions. A. The text herein shall constitute the entire Agreement between the parties. Reso. No. 2002-121 N.C.S. Page 4 •1 1'., ..,.~ B. This,Agreement shall be binding; upon and inure to the ben~4 ~}t of the heirs at law and executors of Employee. ''~`~ C. This Agreement shall become effective commencing SeptemZ~ `°~ 1, 2002, and :Employee's first day of work shall be September 3, 2002. D. If any provision or any portion thereof, contained in this Agrees .'it is held unconstitutional, invalid or unenforceable, the remainder of this Agr~'~'~~ent, or portion thereof, shall be deemed severable, shall .not be affected and sha, .' amain in full. force and effect. IN WITNESS WHEREOF, the City of Petaluma has caused this Agreement to be sigi.< and executedin its behalf by its Mayor, and duly attested by its City Attorney, Interim City.Clerk and. Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. ATTEST: ieanor Berto, Interim City Clerk EMPLOYEE ~; ~? ~ ~ ~, Gayle Pet sen APPROV . Richard R. Rudnansky, City Attorney APPROVED: Clark Thom ' on; Mayor AGRMT 8/2/02 (fmk) Reso. No. 2002-121 N.C.S. Page 5