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HomeMy WebLinkAboutStaff Report 5.B 8/4/2014DATE: TO: FROM: SUBJECT: August 4, 2014 Honorable Mayor and Members of the City Council John C. Brown, City Manager Resolution Approving the Fourth Amendment to Agreement For Employment Of the City Cleric RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Fourth Amendment to the Agreement for Employment of the City Clerk, and authorizing the Mayor to execute said Agreement. In 2005, the City Council approved, and authorized the Mayor to execute, an employment agreement (the Agreement) with the City Clerk effective June 6, 2005. The Agreement provides for the City Clerk's working conditions and compensation. Key features of the Agreement are: • at -will termination by the City Council, with or without cause, with requisite notice; • an annual base salary of $86,538; • a benefit package (retirement, insurances, leaves, etc.) reflective of that provided to City department directors; • a requirement for annual performance evaluations. The City Council approved a First Amendment to the Agreement in 2007. The Amendment increased the Clerk's salary to $91,915 per year. In 2009 the Agreement was amended a second time to clarify the Compensation section. In March 2010, the City Council approved a third amendment to the Agreement. That amendment implemented a temporary 3.1 percent pay reduction from December 28, 2009 through June 26, 2011, consistent with the program of furloughs and pay reductions implemented on a Citywide basis as a budget reduction measure. The City Clerk's office consists of two staff, the Cleric and a Deputy City Clerk. Earlier this year the Deputy tool: another position; the resulting vacancy was only recently filled with a temporary hire. During this period of vacancy, the Clerk managed the entire office workload and was able to take only a negligible amount of vacation time. Election season makes her presence in the office critical, so even though she now has staff support, she will not be able to take a vacation in the near future either. Agenda Review: City Mtornev finance Director City Manager--'� Pursuant to the Unit 8 (Department Directors) compensation plan, annual vacation leave accrual increases from 80 hours per year during the first four years of employment up to 300 hours per year in the nineteenth year and beyond. The total amount of vacation a Unit 8 member can accrue is equal to three times (3x) the annual accrual amount. If that total is reached, no further accrual occurs unless banked Lours fall below the limit. The City Manager has flexibility, within this framework, to adjust Directors leave accumulations. DISCUSSION The Clerk recently entered her sixteenth year of employment with the City. She accrues 176 hours of vacation leave annually and has a leave limit of 528 hours. The Clerk will reach this limit within the next few months. The Clerk has asked to increase the limit so she will not lose leave time due to the office vacancy. Because her benefits are established by contract, the City Council must approve any such adjustment contractually. The Council has requested the City Manager to negotiate mutually satisfactory changes on its behalf. Attached, for the Council's review and approval, is a Fourth Amendment to the Agreement for Employment of the City Clerk. Changes from the existing Agreement are detailed below: Section 2. Employment. A Subsection (D) is added, to incorporate language required by 2012 changes to the California Government Code. State Law requires that if a public appointive official, such as the City Clerk, is convicted of a crime involving an abuse of office or position, where that individual may have been placed on paid leave pending a court decision, or if a severance was paid, or if legal defense fees were paid by the City, that individual would be required to repay those costs. This language is also now included in both the City Attorney and City Manager's employment agreements. Section 7. Other Tenns and Conditions of Employment. Subsection (B) is amended to reflect that, based on current years of service, the Clerk will accrue 176 hours of vacation leave per year, increasing to 200 hours in her nineteenth year and beyond, with a total accrual limit of 600 hours for this full period. This is the maximum cap, pursuant to the Unit 8 Compensation Plan, and increases her current limit by a total of 72 hours. The City Clerk and the City Manager acting on the City Council's behalf mutually agreed on these Amendments. They are recommended to the Council for consideration and approval. FINANCIAL IMPACTS The recommended action increases the City Clerk's vacation leave accrual limit from 528 hours to 600 hours. At the Clerk's rate of total compensation, this increase currently has a value of approximately $4,400. The value noted converts to an actual expense only if the Clerk separates from employment and still has accumulated vacation leave time on the books. ATTACHMENTS 1. Resolution 2. Exhibit A to Resolution — Fourth Amendment to Agreement for Employment for City Clerk ATTACHMENT Resolution No. 2014- N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT FOR EMPLOYMENT OF CITY CLERK WHEREAS, CITY and City Clerk entered an at -will Agreement for Employment of City Clerk (the Agreement) dated June 6, 2005; and, WHEREAS the Agreement was amended for the first time in June 2007 to increase the City Clerk's compensation; and WHEREAS, the Agreement was amended for the second time in 2009 to clarify the Compensation section; and WHEREAS, the Agreement was amended a third time in 2010 to implement a temporary pay reduction taken by the City Clerk as part of a Citywide program of pay reductions and furloughs that were effective December 28, 2009 through June 26, 2011; and WHEREAS, the City Clerk requested a vacation leave accrual limit increase; and WHEREAS, The City Manager, acting on behalf of the City Council, has in good faith negotiated amendments to the Agreement to provide for such an increase, and to incorporate contract language mandated by California Government Code Sections 53243, 53243.1, and 53243?; 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 Fourth Amendment for Employment of City Clerk, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby approves the Fourth Amendment to Agreement for Employment of City Clerk, attached as Exhibit A and incorporated herein by reference. BE IT FUTHER RESOLVED that the City Council of the City of Petaluma hereby authorizes the Mayor to execute said Agreement. EXHIBIT A FOURTH AMENDMENT TO AGREEMENT FOR EMPLOYMENT OF CITY CLERK This Fourth Amendment is made to that certain Agreement for Employment of City Clerk by and between the City of Petaluma, a Charter City ("the CITY"), and Claire Cooper ("the Employee:"), entered into June 4, 2005, as amended by the First and Second Amendments to the Agreement for Employment for City Clerk executed on June 4, 2007 and 2009, respectively. This Fourth Amendment is effective as of August 4. 2014. RECITALS WHEREAS, the CITY and the Employee are parties to an Employment Agreement ("the Agreement'); and WHEREAS, the Agreement was amended for the first time in June, 2007; and WHEREAS, the Agreement was amended for the second time in 2009; and WHEREAS the Agreement was amended a third time in 2010 to implement a temporary pay reduction taken by the Employee as part of a Citywide program of pay reductions and furloughs; and WHEREAS, the third Amendment to the Agreement expired on June 26, 2011; and WHEREAS, all other provisions, terms and conditions of the Agreement, as amended by its First and Second Amendments, remain in full force and effect; and WHEREAS, Employee desires to modify the maximum limit for vacation accrual available to her under the Agreement; and WHEREAS, it is the desire of the CITY to increase said vacation accrual limit; and WHEREAS, it is the desire of the CITY to update and add language to the Agreement required by California Government Code Sections 53243, 53243. 1, and 53243?. NOW, THEREFORE, CITY and the Employee agree to amend Sections Two (2) and Seven (7) of the Agreement as modified by the Second Amendment to the Employment Agreement to read in full as follows: Section 2. Emolovment. 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 the Employee at any time. with or without cause. In the event CITY terminates Employee's services. CITY shall give Employee ninety -days (90) notice in advance, unless the parties agree otherwise. B. Employee agrees to remain in the exclusive employ of the City for so long as employment is mutually acceptable to both CITY and the Employee, and neither to accept other employment nor to become employed by other employer until tennination of this Agreement, except with specific permission of the City Council for endeavors which are in conflict with the Employee's duties and responsibilities as 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 agree otherwise. D. Pursuant to Government Code Sections 53243, 5' )243 and 53243?, if the Employee is convicted of a crime involving an abuse of her office or position, all of the following shall apply: If the Employee is provided with administrative leave pay pending an investigation, the Employee shall be required to fully reimburse City such amounts paid. 2. If CITY pays for the criminal legal defense of the Employee, the Employee shall be required to fully reimburse CITY such amounts paid. If this Agreement is terminated, any cash settlement related to the termination that the Employee may receive from CITY shall be fully reimbursed to CITY or if a cash settlement has not yet been paid to the Employee, the CITY is excused from paying the cash settlement. E. For purposes of subsection 2 (D), abuses of office or position means either 1. An abuse of public authority, including waste, fraud, and violation of the law under color of authority; or 2. A crime against public justice, including but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the California Penal Code. Section 7. Other Terms and Conditions of Emnlovment 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 Petaluma City Charter, the Petaluma Municipal Code or any other applicable state or federal law. B. Employee shall accrue over time, and have credited to the Employee's personal account, vacation at the rate of 176 hours per year up to a maximum of 200 hours per year, consistent with the accrual schedule in the approved Compensation Plan for CITY Department directors. Upon execution of this agreement, and during her employment with the CITY, Employee shall be subject to a vacation leave accrual limit of 600 hours. All terms and conditions of the Employment Agreement shall, other than as expressly stated herein, remain in full force and effect. IN WITNESS WHEREOF, the CITY has caused this Fourth Amendment to be signed and duly executed by the Mayor on behalf of the City of Petaluma, duly attested to by the City Manager, acting as Deputy City Clerk, and duly signed and executed by Claire Cooper on behalf of herself as City Clerk. CITY CLERK CITY By: By: Claire Cooper, City Clerk David Glass, Mayor DATED: ATTEST: John C. Brown, as Deputy City Clerk DATED: APPROVED AS TO FORM: Eric W. Danly City Attorney DATED: