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HomeMy WebLinkAboutStaff Report 2.G 08/01/20052. G. CITY OF PETALUMA, CALIFORNIA August �y /� u g u S t 1' 2005 AGENDA BILL �J Agenda Title: Resolution Approving Employment Contract for Meeting Date: August 1, 2005 City Clerk. Meeting Time: ® 3:00 PM ❑ 7:00 PM Category (check one): ® Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department: Director: City Manager Michael Bierman Cost of Proposal: $86,538 Amount Budgeted: $86,538 Attachments to Agenda Packet Item: 1. Employment Contract 2. Resolution Contact Person: Phone Number: Michael Bierman 707-778-4345 Account Number: 1210 Name of Fund: City Clerk Administration Summary Statement: Approval of employment contract for the City Clerk, effective June 6, 2005, as approved by the City Council. The annual salary is set at $86,538. Recommended Citv Council Action/Suggested Motion: Resolution approving employment contract for the City Clerk. viewed by Admin. Svcs. Dir: ate; F , Todav's Date: July 25, 0025 Reviewed by City Attornev: Date: Revision # and Date Revised: AwDrove4l" Ptv Manager: Date: File Code: I AGREEMENT FOR EMPLOYMENT OF CITY .CLERK THIS AGREEMENT, made and entered into this 6th day of June 2005, by and between the City of Petaluma, a Charter City (the "City"), and Claire Cooper (the "Employee"), both of whom understand as follows: WITNESSETH: 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 Claire Cooper 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 with the Petaluma City Charter. 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 Employee at any time, 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. 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 °'i 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. Combensation. . The City agrees to pay Employee for her services rendered annual compensation of Eighty -Six Thousand Five Hundred Thirty Eight Dollars ($86,538.00), 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 $86,538.00, 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. Other Benefits. Employee shall be provided with the same health, dental, . life insurance, leave and retirement benefits as, other full-time department heads of the City, except as otherwise provided herein. 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 City Charter, the Municipal Code or any applicable state 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 2 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 deposit in the custody of the United. States Postal Service, postage prepaid, addressed as follows: EMPLOYER: City of Petaluma 11 English Street Petaluma, California 94952 EMPLOYEE: Claire Cooper 5847 Monte Verde Drive Santa Rosa, CA 95409 Alternatively, notices. required pursuant to this Agreement may be 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. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective commencing June 6, 2005. 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, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City of Petaluma has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Attorney, and Employee has signed and executed this Agreement, both in duplicate, the day. and year first above written. 3 ATTEST: APPROVED AS TO FORM: Richard R. Rudhansky, City Attorney David Glass, Mayor EMPLOYEE Claire Cooper RESOLUTION APPROVING EMPLOYMENT CONTRACT FOR CITY CLERK CLAIRE COOPER WHEREAS, former City Clerk Gayle Petersen retired in January 15, 2004; and WHEREAS, Claire Cooper was appointed Interim City Clerk effective January 15, 2005 for a six month term; and WHEREAS, the Council desires to appoint Claire Cooper as City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby appoint Claire Cooper to the position of City Clerk effective June 6, 2005, with a total annual compensation of $86,538.00. The appointment will be in effect until rescinded by the City Council.