HomeMy WebLinkAboutResolution 2017-144 N.C.S. 09/18/2017Resolution No. 2017 -144 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING THE FIRST AMENDMENT TO THE FIFTH AMENDED AT -WILL
AGREEMENT FOR EMPLOYMENT OF CITY CLERK AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, CITY and City Clerk (the Parties) entered an At -Will Agreement for
Employment of City Clerk ( "Agreement ") dated June 6, 2005; and,
WHEREAS, the Agreement has been amended five times, to: increase annual
compensation; correct a provision; implement a temporary 18- month, 3.1 percent pay cut; and
modify the maximum limit for vacation accrual; and
WHEREAS, the Parties desire to amend the Agreement to require the City Clerk to pick-
up a three (3) percent share of the City's cost of PERS retirement benefits, and to increase the
Clerk's base wage by three (3) percent, to $98,458.73; and
WHEREAS, the PERS pick -up and base wage adjustment shall only be effective upon
adoption of a contract amendment with CalPERS; and
WHEREAS, the City Council and City Clerk Claire Cooper agree to the changes in the
terms of Employment, Compensation, and Benefits relating to the position of City Clerk as set
forth in the First Amendment to the Fifth Amended At -Will Agreement for Employment of City
Clerk attached and incorporated herein as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby approves the First Amendment to the Fifth Amended At -Will Agreement for
Employment of City Clerk, attached as Exhibit A and incorporated herein by reference.
BE 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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 18`h day of September, f riii ,
2017, by the following vote:
City A orney
AYES: Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
NOES: Albertson
ABSENT: None
ABSTAIN:
ATTEST:
City Clerk Mayor
Resolution No. 2017 -144 N.C.S. Page l
EXHIBIT A
FIRST AMENDMENT TO THE FIFTH AMENDED AT -WILL
AGREEMENT FOR EMPLOYMENT OF CITY CLERK
This Amendment is made and entered into this day of September 2017, by and between
the City of Petaluma, California, a charter city, ( "the CITY ") and Claire Cooper ( "City Clerk ").
The City and the City Clerk do hereby agree to amend the Fifth Amended At -Will Agreement for
Employment of City Clerk ( "Agreement ") in accordance with the following:
1. Paragraph (a) of Section 9, "Compensation," is amended to read 'as follows:
9. Compensation:
a. Base Salary. City agrees to pay City Clerk an annual base salary of $95,591.00,
payable in installments at the same time that the other employees of the CITY are paid.
Effective the first payroll following the adoption of a contract amendment with CalPERS
and concurrent with City Clerk paying an additional three percent (3 %) towards PERS
retirement, City Clerk shall receive a 3% base wage increase and shall be paid an
annual base salary of $98,458.73.
2. Paragraph (a) of Section 17, "Retirement," is amended to read as follows:
17. Retirement:
a. California Public Employees Retirement System. City has previously enrolled City
Clerk into the California Public Retirement System (PERS). City agrees to make all the
appropriate contributions on City Clerk's behalf for the employer share required. City
Clerk shall pay the entire contribution for the PERS employee share required. Effective
the first payroll following the adoption of a contract amendment with CaIPERS, City Clerk
shall pay an additional three percent (3 %) towards PERS retirement. The Parties shall work
collaboratively to expedite formal adoption of a contract amendment with CalPERS to
reflect this cost - sharing agreement under which the employee is paying a portion of the
employer contribution to PERS.
Except as otherwise amended hereby, all other terms of the Agreement remain unchanged and
in full force and effect.
CITY CLERK
By:,
DATED:
ATTEST:
CITY
By:
Claire Cooper, City Clerk David Glass, Mayor
John C. Brown
Deputy City Clerk
DATED:
Resolution No. 2017 -144 N.C.S. Page 2
APPROVED AS TO FORM:
Eric W. Danly
City Attorney
Resolution No. 2017 -144 N.C.S.
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