HomeMy WebLinkAboutStaff Report 3.K 06/04/2007--76 q �
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s Jpne 4, 2007
CITY OF PETALUMA, CALIFORMA
AGENDA BILL
Agenda Title: Resolution Approving First Amendment to Employment
Meeting Date: June 4, 2007
Contract for City Clerk. '
Meeting Time: ® 3:00 PM
❑ 7:00 PM
Ca e o : ❑ Presentation ® Consent Calendar ❑ Public Hearing ❑ Unfinished Business ❑ New Business
Department:
Director:
Contact Person:
Phone Number:
City Manager
Michael Bierman
Michael Bierman
X345
Cost of Proposal: $91,915
Account Number:
1210
Amount Budgeted: $91,915
Name of Fund:
City Clerk Administration
Attachments to Agenda Packet Item:
1. Employment Contract dated June 6, 2005.
2. First Amendment to Employment Contract.
3. kesolution.
Summary Statement: Approval of First Amendment to Employment Contract for City Clerk, effective July 1,
2007, as approved by City Council. The annual salary. is set at $91,915.
Recommended City Council Action /Suggested Motion:
Approve First Amendment to Employment Contract for City Clerk.
Reviewed by Admin. Svcs. Dir:
Reviewed by City Attorney:
Date:
Approved by City Manager:
Date: w-
Date:
Rev. #
Date Last Revised:
File:
ATTACHMENT 1
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. Employment.
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
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. Compensation.
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 Employment.
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
f I I '
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, duly attested by its City Attorney, and Employee has signed
and executed this Agreement, both in duplicate, the day and year first above written.
EMPLOYEE:
Claire Cooper
APPROVED AS TO FORM:
Richar R. Ru nansky y Attorney
FIN "; offiUM-03
ff ',
F
David Glass, Mayor
S
ATTACHMENT 2
FIRST AMENDMENT TO
AGREEMENT FOR EMPLOYMENT OF CITY CLERK
This amendment is to the EMPLOYMENT AGREEMENT between the City of Petaluma ( "CITY ") and
Claire Cooper ( "CITY CLERK "), and is made and entered into this day of June, 2007.
RECITALS
WHEREAS, the CITY and CITY CLERK are parties to an EMPLOYMENT AGREEMENT
( "Agreement "); and,
WHEREAS, the current EMPLOYMENT AGREEMENT was executed June 6, 2005; and,
WHEREAS, it is the desire of CITY to adjust the compensation of CITY CLERK; and,
NOW, THEREFORE, CITY and CITY CLERK hereby agree to amend the EMPLOYMENT
AGREEMENT and, particularly, Section Four (4) of said EMPLOYMENT AGREEMENT as follows:
Section 4, Compensation.
The City agrees to pay Employee for her services rendered annual compensation of
Ninety -One Thousand Nine Hundred Fifteen Dollars ($91,915.00), 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 $91,915.00,
inclusive of the PERS contribution, payable in installments at the same time as other employees
of the City are paid.
IN WITNESS WHEREOF, the CITY has caused this First Amendment to be signed and duly
executed on behalf of the Mayor and duly attested to by the Deputy City Clerk, and Claire
Cooper has duly signed and executed this Amendment on behalf of herself.
EMPLOYEE:
Claire Cooper
�o
APPROVED AS TO FORM:
Eric Danly, City Attorney
APPROVED:
Pamela Toriiatt, Mayor
ATTEST:
Deborah Padovan, Deputy City Clerk
/II
ATTACHMENT 3
Resolution No. 2007 -XXX N.C.S.
of the City of Petaluma, California
EMPLOYMENT
FOR CITY CLERK CLAIRE COOPER
WHEREAS, the City of Petaluma ( "CITY") and Claire Cooper ( "CITY CLERK")
currently have in place an Employment Agreement ( "AGREEMENT "); and,
WHEREAS, the current AGREEMENT for City Clerk Services was executed on June 6,
2005;. and,
WHEREAS, the Council desires to adjust the compensation of CITY CLERK.
STOW, THEREFORE, RE IT RESOLVED that the City Council approves the First
Amendment to Employment Agreement for City Clerk Claire Cooper, effective July 1, 2007,
with a total compensation of $91,915.00.
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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 41' day of June, 2007, form:
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
City Attorney