HomeMy WebLinkAboutResolution 00-205 N.C.S. 12/04/2000 Resolution No. 00-205 N.C.S.
of the City of Petaluma, California
AI'PIZ®VIl•1G AIVIENDIVIENT T® TAE AGREElVIENT E®Ii
EMPL®YIVIENT ®F TAE CITY 1VIANAGEIS AND
AUTH®I~iZING NIAY®It T® EXECUTE SAID AIVIENDIVIENT
WHEREAS, Frederick Stouder executed an Agreement for Employment as City Manager
on December 15, 1997 and began employment with the City of Petaluma as City Manager on
February 2, 1998; and
WREREAS, the City Council and Frederick Stouder amended said Agreement on
January 4, 1999; and
WREREAS, the City Manager and the City Council wish to amend the current
Agreement for Employment of City Manager.
N®W, TREREF®RE, DE IT ICES®LVED that the City Council of the City of
Petaluma does hereby approve the Amendment (attached hereto as Exhibit "A") to the Agreement
for Employment of City Manager as previously amended.
BE IT >FURTRER RES®I~VED that the Mayor is hereby authorized to execute said
Amendment on the City's behalf.
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
Council of the City of Petaluma at a Regular meeting on December 4, 2000 Approved as to
By the following vote: form:
City Attorney
AYES: - Healy, Keller, Maguire, Hamilton, Vice Mayor Torliatt, Mayor Thompson
NOES: None
ABSENT: Cader-Thompson
ATTEST: . ~
City Cl k Mayor
Resolution No. ~~"~0~ NCS
. ,~`,l
SECOND AMENDMENT TO THE AGREEMENT FOR ~ .
EMPLOYMENT OF~CITY _1VIANAGER
~ -
This'second amendment to the Agreement for Employment of City Manager and the first
amendment thereto between Frederick Stouder ("Employee") and the City of Petaluma, a charter
city (the "City"), is entered into this day of 2000. The parties
understand and agree as follows:.
WHEREAS, the City of Petaluma and Frederick Stouder entered into an Agreement for
Employment of City Manager dated December 15, 1997 ("Agreement"); and
WHEREAS, this Agreement was amended by an Amendment to the Agreement for
Employment of City Manager dated January 4, 1999 ("First Amendment"); and
WHEREAS, it is desired that the City of Petaluma adjust certain portions of the
compensation and modify provisions of the employment contract of Frederick Stouder;
NOW THEREFORE, the City:of Petaluma and Frederick Stouder hereby agree to amend
the Agreement. for Employment of City Manager and particularly Sections 4(B), 4(A) and 6(A) of
said Agreement as follows:
Section 2(D) amended in its entirety to read as.follows:
"D. This Agreement will. remain in full force and effect and shall
continue for a term of 24 months commencing January 1,
.2001 to January 1, 2003. Notwithstanding this term as set
forth herein; unless this Agreement is terminated by either
party pursuant to the provisions herein one (1) year before
the~expiration of this Agreement or any extension therefore
(extension date) this Agreement shall automatically be
extended for an additional period of one year so that as a
result of the extension there will be a remaining term of two
~
years provided Employee provides notice to the City-l
Council of said upcoming "extension date" between 45 and
60 days before the "extension date." If the Employee fails
to give such notice; the term of the Agreement shall not be
automatically extended."
Section 4(A) is amended'in its entirety to read as follows:
"(A) Notwithstanding any provisions herein including but
not limited-to Section 2(D), the City Council shall
have the right to terminate the Employee at will. If
the Employee is terminated by the City Council
during such time that Employee is willing and able
to perform his duties under this Agreement, then in
that event the City agrees to pay Employee a lump
sum cash payment ec{ual to nine (9) months salary,
provided, however, in the event Employee is _
terminated for malfeasarice, misfeasance, or any
criminal activity; City shall - f
.have no obligation to'pay the severance sum
designated in this paragraph. The City shall give
Employee a minimum of 45 days written notice prior
to terminating the employment of Employee as City
Manager as provided herein, provided that if the
Employee is terminated for cause due to
malfeasance, misfeasance, or any criminal activity,
the 45 day notice requirement shall not apply."
Section 6(A) is amended in its entirety to read:
"(A) The City agrees to pay Employee for services
rendered pursuant hereto an annual base salary of
$131,932:46 payable in installments at the same time
as other employees of the City are paid effective
January 1, 2001.
. In addition, the City agrees to pay Employee on or
before December 31, 2000 a lump; sum payment of
which represents a retroactive salary
increase of 7.7% of a. June 1999 base salary of
$115,566:.00 (i.e., $8,898.58) plus a 6% annual.
increase for the period of July 1, 2000 through
December 31, 2000 over the June 20.00 base salary
of $124,464..58 (i.e., $8,183.23) for a total
retroactive salary increase payment period of July 1,
1999 through December 31, 2000 of $17,081.81.
Formal performance reviews will be conducted
twice annually unless the City Council and the
'Employee mutually agree otherwise; in January and
in July.. Notwithstanding the foregoing, nothing
shall be construed. in this Contract prohibiting the
City Council and City Manager from otherwise
agreeing to a salary adjustment at any other time of
. the year."
lIV WITNESS WHEREOF, the City has caused this Agreement to be signed and duly
executed on its behalf by the Mayor and duly attested by the City Clerk, and Employee has signed
and executed this Agreement the date and year first.. above written.
CITY OF PETALUMA
Dated:
Mayor
FREDERICK STOUDER
City Manager
ATTEST:
- City Clerk
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