HomeMy WebLinkAboutResolution 00-217 N.C.S. 12/18/2000 Resolution No. 00-217 N.C.S.
of the City of Petaluma, California
RE50LUTION
APPROVING THE AGREEMENT FOR
EMPLOYMENT FC~THE CITY CLERK AND
AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, Beverly Kline began employment with the City of Petaluma as City Clerk on
June 14, 1999; and
WHEREAS, Beverly Kline and the City Council wish to enter into a written Agreement
for Employment of City Clerk,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
does hereby approve the Agreement for Employment of City Clerk (attached hereto as Exhibit
A..
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
Agreement for Employment of City Clerk 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 18; 200~?.~r
By the following vote: o
City Attorney
AYES: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Mayor Thompson, Vice Mayor Torliatt
NOES: None
ABSENT: None
ATTEST: ~ `
Beve y-J ~ dine, ~ty Clerk E. rk Thompson, Mayor
Resolution No. 00-217
AGREEMENT FOR EMPLOYMENT OF CITY`'CLERK
T,.HIS AGREEMENT, made and ~enfered into this 18th day of:D.ecember, 2000, and between the
City of Petaluma, a Charter City (thee"City"), and Beverly Kline (the' "Employee"), both of whom understand
as follows:
WITNESSETH:
WHEREAS, fhe 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
WFiEREAS,'it is the desire of the Cityto establish certain conditions of employment and to-set
working conditions of said Employee; and ~ .
.WHEREAS, Employee~desires to aeceptemployment 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 Beverly Kline as City Clerk of said City to perform the functions
and duties specified in the Petaluma Municipal Gode,the Petaluma. City Charter and in the City Glerk.Job
Description attached hereto as ExhibitA, to the extent those duties are notinconsistentroith the Petaluma
City Charter, and as prodded 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 with the Petaluma City
Charter.
Sectiori- 2: Term.
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 any time, with or without cause sutiject°
only to the provisions set~forth'in Section 4, paragraphs A and. B ofthis Agreement.
B. :Nothing imthis Agreement shall prevent, limit or otherwise interfere with the right of
Employee to resign at anytime from her position with the City, subjecf only to the provision set forth in
Section 4„ paragraph ~C of thisAgreement.
C. 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
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become employed by any other employer until termination.ofths 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.
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. Termination and Severance Pau:..
A. Notwithstanding any provisions herein;. the City Council shall have the right to terminate
Employee at will. If Employee is terminated by the City Council during such time that Employee-is willing
and able to performhis duties under this Agreement, then~n that~event, the Cityagrees to pay Employee a .
lump sum cash payment equal to one (1) month's salary; provided, however, that in the event Employee is
terminated. for malfeasance; misfeasance; or anycriminal~activity;.then in that event, the City'shall have no
obligation to pay tfie severance sum designated inahis paragraph. The City shall give Employee a,
minimum offorty=five (45) days' written notice prior to terminating `the employment:of Employee as City
Clerk as provided herein,. provided that if Employee,is terminatetl`for cause. due to malfeasance,
misfeasance, or any criminal` activity, the forty=five (45') day notice requirement shall not apply.
B. In the event~the City at`anytime during this Agreement reduces the salary or other
financial benefits .of Employee in a greate~~percentage than an applicable. across=the-board reduction for all
employees of the City, or'in the event the City-.refuses, following written notice, to comply with any other°
provision ben~efitting Employee herein, or Employee resigns follovvin~g a formal. suggestion by the City
Council, that she~resign; then; in that,event; Employee may, at heroption, be deemed to be "terminated" at
the date of such reduction of'such .refusal to complyvuitliin the meaning and context of the severance pay
provision in ~paragcaph A above.
C: ; Irrthe event:Employee~voluntarily resigns'her position with the City; then Ernployeeahall
gibe the City forty-five (45) days notice in advance, .unless the. parties. otherwise agree. Employee will not
receive any severance pay in the case of voluntary resignation.
-Section 5.. ,Compensation..
A. The Cityagreesto pay Employee for herserviees rendered pursuant hereto an annual
base salary of $84,460.00 payable in installments at the same time as other employees of the City are
paid. D:uring~the first year of`this Agreement, performance. and a salary review shall be made on July 1,
2001. Thereafter, formal performance reviews will be conducted twice annually, unless the City Council
and the City Clerk.mutually agree otherwise, in January and in July.
Inaddition, the City agrees to pay Employee~:on or before December 31, 2000,, a lump sum
retroactive-salary increase payment of $7,650.00 for the period of July 1, 2000 through December 31,
2000.
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Section 6. • Performance Review Criteria
The,,parties agree thatthe criteria;will be d'eveloped.and:revised annually, and mutually agreed to, ,
on which Employee wllbe evaluated, The:crtena will be revised'as appropriate during-each review°'periotl
process for the following six months in order to allow,Employee~appropriate time to~address the criteria.
Employee agreesao provide the, City Council a written reportaen days, prior to the formal evaluation Ghat
respondsto the evaluation criteria`as well; as summarizes the. status; the schedule, and current costs.;and -
budget ofthe City Council's priorities asagreed to by-the Council at the beginning of the calendar year.
Section 7. Other Benefits.
Employee shalt be provided with°the same health, dental, life.insurance, leave and retirement.
benefits as otherfull-time department heads of the~City.
Section 8. Other Teems and Conditions. of Employment.
A. Thee City Council in consultation with Employee shall fix any such: otherterms and .
conditions ofernployment, as it may determine from time to time; relatn,gto 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'Cotle or any applicable state or federal law.
B All ..regulations and rules ofithe~City relating to vacation and sick leave, retirement and
pension-system contributions, holidays and other fringe benefits 'arid working, conditions as they now exist
or hereafter- maybe amended also shall apply to Employee as they would: fo other department heads ofthe
City;, in addition fo said benefits enume_ratetl specifically for~the benefit of Employee except as herein
provided.. (See Exhibit B, Compensatipn:Plan for Unit 8)
Section 9:.Notices.
Notices pursuant o thisAgreement shall be given by.tlepositin the custody of the United States
. Postal Service, postage prepaid;, addressed as follows:
EMRLOYER: City of Petaluma.
11 English Street
Petaluma,, CA 94952
EMPLOYEE: Beverly Kline
91 Center Road
Petaluma, CA 94952
Alternatively, notices required pursuant fo this Agreement may be personally served in the same manner
as is applicable to;civil judicial practice; Notice shall be deemed given as ofthe date of personal service or
as of the date of deposit'of such written notice in the court of transmission in the lJnited States Postal
Service.
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Section 10. General Provisions.
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement shall be binding upon and inure to ihe~ benefit of the heirs at law and
executors of Employee. .
~C. This Agreement shall become effective commericing January 1, 2001 forthefirst day of
work for Employee. . ~ `
D. If any ,provision or any portion thereof,. contained in this Agreement is held-unconstitutional,
invalid or unenforceable, the'remainder of"this.Agreement, or portion thereof, shall be deemed severable,
shalt not be affected and shall remain in full force and effect.
IN WITNESS WHEREOF, the City,of Petaluma has caused this Agreementto be signed and
executed in its 6ehalf'by its Mayor; and duly attested by its City.Attorney, Deputy City Clerk and Employee
has signed and executed this Agreement,. both in duplicate, the day and year'first above written.
ATTEST:
Paulette Lyon, Deputy°Ci y rk
APPROVED AS TO FORM:
.
Ric - and R':~Rudnansky, ~ify ttorney
:Clark, hompson, Mayor
EMPLOYEE:
Beverly Kline
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City of Petaluma;. California
. ' ~ Job Description
POS'ITIO'N: City Clerk
REPORTS T0: City Council
SUPERVISES: Deputy City Clerk; Administrative Secretary, assigned posifions as
may be required to deliver the level of high quality and professional
services expected from the Office of the City Clerk.
DEFINITION: The City Cierk is appointed by the City Council and is a council appointed
officer of the' City, serving as .li'aison between. fihe public, media, mayor and ,council
members. The City Clerk. also serves as Clerk. of the Council, Recording Secretary of
the City's Redevelopment ,Agency and Public: Financing Corporation. Primary
responsibilities include legislative action organization a_nd administration;. maintaining
complete and accurate: records; of the City's business transaction and history and
ensure the. availability and accessibility of public information; public :relations; liability
and claims processing; campaign and statement of economic interest reporting;
municipal elections; bid. and 'contract administration; municipal code and charter.
administration; sister .city liaison; and.. liaison services for the Mayor and City Council.
The Charter of the City of Petaluma and the Government Code determines the City
Clerk's statutory functions.
ESSENTIAL. Adrr?inistrative
FUNCTIONS: Public Outreach
Council Support
Elections/Conflict of Interest Code
Legslafive Records and Information Management
RES'PO,NSIBI'LITIES;
' Administrative:
Works, close y with the City Manager and City, Attorney to provide information and
implement. the goals .and priorities of the Council
Fosters an environment. of teamwork and , promotes a positive work environment -
Citywide. `
Assists with the design,. development, and implementation. of policies and
procedures Citywide.
Attests and or-acknowledges signors of legal documents.
.
Administers oaths and affirmations.
. Maintains the custody~and.security of the City' official seals.
Supervises, .directs, reviews; and evaluates the work. of assigned staff.
. Selects personnel and provides for their professional development and training.
Prepares and administers the department's budget and assists in the coordination of
" the City's Annual Budget and Mid-Year Reporting. .
Coordinates with departments Citywide to facilitate bid openings.
Coordinates with departments Citywide to publish legal notices.
Page 1 of 3
17 ~'nglish Street, Petaluma, California 94952 I _
Telephone 70,7 778.4360 Fax: 707 778 4420 Website: www:ci.petaluma.ca.u
City of Petaluma, California
Public Information:
Provides resp`onsiwe, reliable and timely information of interest to and needed by the
public and members of staff.
Maintains the City roster; a directory of Council. members, .board, committee; and
commission members,. and representatives of other municipal, regional, state, and
federal districts.; and .professional, community., and neighborhood associations.
Designated and serves as the City's Public Informafion Officer coordinating and
maintaining a: comprehensive public information program for the City that includes.
an active role when the City's Disaster and .Emergency Preparedness Program is
activated.
Serves as ahe media Liaison for theMayor grid Council
Prepares news releases and sets up press .conferences as directed by Council.
Coordinates programs and events that promote the City and strengthen its sense of
community identity, ~ •
Reviews :and • edits for consistency interdepartmental materiais and other
publications created and produced by the City for public: distribution.
. Maintains. close .contact with .all department heads within the City and acts as the
liaison between the City and the community regarding the coordihafion and
dissemination of information relating to City ser~%ices~and programs.
Serves as an .officer and representative of fhe City on various governmental or
community committees as directed by Council.
Administers the production and copying of. City ,Council meetings and .other
committees, commissions and public forums;. including facilitation of the custody,
maintenance, and security-of audio and videotapes,. maintains the .City's •official
audio/video library..
Designs, develops, administers; and implements the City's Internet Master Plan in
..coordination with department heads and the Information Services Department.
. Coordinates with departments citywide to facilitate advertising and publishing 'of
public notices. •
.Coup c
oSce P w th the Cit Attorne
y y and City Manager, the City Clerk provides -
admnistrative support to~the Mayor and Council, which includes creating,, receiving,
and; distributing correspondence addressed to the Mayor and Council members, •
copying, the City Manager's office on all correspondence.
Records and reports: attendance for Council payroll.
Coordinates with the City Manager's.. Office to maintain the Council"s Calendar.
Attends Management Team meetings to facilitate the Council's schedule of meetings
and calendar. and preparation of Council agendas.
Administers the p~eparat-ion, publishing, posting,. and distribution of City Council and
Redevelopment Agency and Public .Financing Corporation agendas within the
• guidelines established in the Brown Act.
Serves as Recording Secretary to the Redevelopment .Agency and the Public
Financing Corporation; providing services based their by-laws and articles of Y.
inco~poratibn keeping minutes and actions as requeed.
. Page 2 of 3
. 11 English;Street, .Petaluma, California`,94952
Telephone 707 778 4360 Fax: 707 778 4420 WebsCe: www.ci:petaluma.ca.us
- City of Petaluma, California
Attests to, publishes and/or. posts ordinances and resolutions.
. Prepares a variety of ordinances, resolutions, proclamations, reports, and
.memoranda.
Administers procedures and facilitates City Council's recruitment of boards,
committees, and commissions and maintains a "talent bank" as required ,by the
IVladdy Appointive Act.
Thee City Clerk, City~Attorney, and City Manager administer candidate orientation
during election years; City Clerk to. provide information on electoral process and
relevant City documents.
Administers web presence; on the City's web pages for Council, boards, committees,
and commissions including, but not limited to, the roster, schedule of meetings,
agendas., and minutes as provided by City departments.
Administers: the maintenance and distribution ;of information concerning Council
biographies:; photographs, and history,
Administers and facilitates appointments and assignments of Council members to
regional and. or county` boards, committees, and commissions.
Elections/Conflict of Interest Code: .
Reviews applicable. legislation.
. Administers State Campaign Financing .and ~ .Disclosure laws by facilifating
notification, distribution, tracking, and filing of tatements', and ensures public access
to statements on file..
Administers the'State Conflict of.lnterest Code by facilitating notification, distribution,
tracking,: and. filing of~~staCements, and ensures public access to statements on file..
Serves as Deputy Registrar of Voters and conducts all general. municipal and special .
elections in accordance with the ;Petaluma City Charter and State Election Code.
Provides `information and publishes guidelines about the elections process to
interested members. of the public.
Administers the design, deve opment, and management of databases to collect, `
maintain, and provide accurate information and statistics about elections and
compliance measures with state law and codes requested and needed by the public.
Provides election workshop/training for staff.
' ~ `Legislati've Records and Information Management:
Indexes the~C,ity'.`s Yegistative-history (council.minutes)'and codifies ordinances.
Maintains custody of the Petaluma Municipal Code and provides for its updates,
subscri.pfions, and distribution of supplements.
. Maintains custody and provides security for ttie City's information assets to ensure
the availability and. accessibility of the City's public records, including certifications of
authenticity.
.Designs, administrates, and implements the Citywide Records and Information
Management GRIM) .Program. .
Administers the design, development, and management of databases to collect,
maintain, and' provide accurate. 'information and statistics about the location of City
records and-track risk rnanagement/quality review of documents designated to be~•
filed in-the City Clerk's Office
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11.English Street, Petaluma, California A49S2
Telephone 70,7 778 4360 Fax: 707 778 4420 Website; wwrv.ci:petaluma.ca.us