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HomeMy WebLinkAboutResolution 2014-133 N.C.S. 8/4/2014Resolution No. 2 014-13 3 N.C.S. of the City of Petaluma, California 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 Cleric (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 Cleric 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, 53243.2; 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. Resolution No. 2014-133 N.C.S. Page I BF IT FURTHER RESOLVED that the City Council of the City of Petaluma hereby authorizes the Mayor to execute said Agreement. 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 Approve s to Council of the City of Petaluma at a Regular meeting on the 4" day of August. form 2014, by the following vote: City Aq y AYES: Albertson. Barrett, Mayor Glass. Harris, Healy, Vice Mayor Kearney, Miller NOES: None ABSENT: None ABSTAIN: None �44 ATTEST: 01_�K�IJ'C1i J �--�L-��+-�j�� City Clerk i Mayor Resolution No. 2014-133 N.C.S. Pale 2 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 53243.2. 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 termination 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. Resolution No. 2014-133 N.C.S. Page 3 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, 53243.1, and 53243.2, 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. 3. 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 Emolovment 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 Resolution No. 2014-133 N.C.S. Page 4 DATED' ATTEST: -32 John C. Brown, as Deputy City Clerk DATED: APPROVED AS TO FORM: Eric W. Danly City Attorney DATED: Resolution No, 2014-133 N.C.S. Page 5