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Home My WebLink AboutResolution 97-227 08/11/1997 ..i . t, RESOLUTION NO. 97=zz7 N.C.S. of the City of Petaluma, California RESOLUTION APPOINTING GENE BEATTY AS CITY MANAGER EFFECTIVE MARCH 1, 1997 1 WHEREAS, Gene P. Beatty has been functioning as Acting City Manager since March 1, 1997; 2 and 3 4 WHEREAS, the City Council wishes to formalize Mr. Beatty's position as City Manager until 5 such time as the City Council finalizes a new search process for a City Manager; 6 7 NOW, THEREFORE, BE IT RESOLVED that Gene P. Beattyis hereby appointed City Manager 8 under the terms and conditions outlined in the attached employment contract. 9 10 11 12 13 c:\winword\reso9798.doc Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hemby certify the foregoing Resolution was introduced and adopted by the Approved as to Council ofthe Cit of-Petaluma at a Re form y ( gular) (Adjourned) (SxecSttl) meeting on the ..l,l.th day of .._.....k~aJY~'USt................................._, 19..9.7. by the fin/ _ following vote: - ,fit.. (f,~,f , City Attorney AYES: Read, Stompe, Torliatt, Maguire, Mayor Hilligoss NOES: None ABSENT: Keller, Hamilton _ - - i ATTEST: _ ~ . /Q~j~ ...........v.P........... ity Clerk Mayor Cowcil Fild....._......._.......__.." ca was ke,, mo.......9.7.-227..__ ucs. AGREEMENT FOR EIv1PLOYIvIENT. OE CITY MANAGER This agreement is made and entered into this day of 1997, by and between the CITY OF PETALUIvIA (the "CITY"), a Charter::City, and GENE P. BEATTY ("BEATTY" or "The City Manager"). This agreement (the "Agreement") shall have 'an effective date of 1997. In cohsidecation'foi`tfie mutual.covenants-contained herein, the parties agree as Follows: L EIvIRLOYNIENT A. Annointment of City Manager. 1. The Citiy Council of`the CITY Hereby appoints 'BEATTY"to the position of City Manager effective. Mazch 1, 1997 to;perfonn the furtctions,and,duties!spacfied under the. laws of the State of California, the Charter of the CITY, the ,:Municipal Code of the CITY, and the Ordinances and Resolutions of the CITY,.and to.perforin such other duties and functions as the City Council shall" from time to time assign. BEATTY shall serve at;the pleasure ofthe City~Council. B. Term of Agieemerit 1. The initial term of this Agreement"shallbe;up'to one (1) year with month to month extensions at the City's option, effective the date of this agreement. 2. :Nothing" in this Agreement shall prevent; limit or otherwise interfere with the right of the CITY to terminate this Agreemeht at any time, or the right of BEATTY to resign at any time from his position, as set forth below. C. Termination of Em~vment i. The City Council or BEATTY may terminate this agreement upon thirty (30) days written notice. In such event;, if the Council terminates this agreement; BEATTY shall revert to his former position as Assistant City Manager/Public Works Director aTthe higher rate ofpay of those two positions as may be -in effect at the time of his return to those positions If BEATTY requests such termination of agreement, no such reclassification is guaranteed or implied. 2. In the event BEATTY is released from employment without cause at the direction of the City Council or subsequent City Manager, ha shall be entitled to a lump sum severance payment equal to four (4) months salary and the continuation of all medical, dental and vision benefits for a four (4) -month period after. termination. Such severance pay and benefits shall not be due or payable if BEATTY is terminated after being convicted of a felony'ormisdemeanor involving moral turpitude: ResO•q'1-aa-"1 nlGS ~ ~~a~~~: ; ~ n F" 3. Notices ,pursuant to this .Agreement shall be in writing given by deposit in the custody`of the United States Postal Service, postage prepaid, addressed as follows: _ (1) CITY: Mayor, City ofPetaluma; 11 English St., Petaluma, CA 94952 and (2) CITY MANAGER: t 1.English Street, Petaluma, CA 94952. Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to, civil judicial process. 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 course of transmission in the United States Postal Service. II. POWERS. DUTIES AND RESPONSIBILITIES A. Em~vment Duties 1. BEATTY shall function as the City Manager of the CITY and shall be vested with the poweis, duties, and responsibilities as set forth in Article VI, Sections 23 and 24. of the Petaluma ' Municipal Chatter, the terms of which _aze incorporated by reference herein. In addition, BEATTY shall perform such other duties as may be .assigned by the City Council, and which aze consistent with the position of City Manager; without additional compensation. B. Hours`ofWork 1, City Manager is expected to devote necessary time outside normal office hours to business of,the CITY. To that end, .City Manager shall berallowed flexibility in setting his own office Hours. III. COMPENSATION OF CITY'IvIANAGER A., Sam Effective March 1, 1999, BEATTY's annual compensation .for the position of City Manager shall be $100,000 per year -and ,remain. so until such time as the City Council deems it appropriate to revisehissalary. Benefi All benefitscuY~iently erijoyed by BEATTY shall continue; except that any future changes in benefits which apply to members of Unit 8 -Management shall. equally apply to BEATTY with the exception ofsalazy which is covered in A above during'the period of this agreement. Rem. 97-1.~,? ~1CS a~..;.Y~' C. Professional Development CITY shall encourage and permit, to the extent 'feasible,. professional development opportunities, including attendance at workshops, meetings, and focusing on the areas of redevelopment; organizational changes, and revenue generation. D. Reimbursement Ex ep nses The City Manager will receive ieimbursement,for all-sums necessarily incurred and paid by him in the performance of his duties:. The City Manager shall submit a claim form to the CITY for reimbursement. E. Car Allowance The CITY shall provide a car allowance of $300 per,montfi for the City Manager. F. Indemnification The CITY shall defend, hold harmless and' indemnify the°City Manager against any tort, professional liability claim or demand or other legal action, wheth"ergroundless or otherwise; arising out of any alleged act or omission occurring"during BEATTY's tenure :as City Manager, including without limitation, claims arising out of personnel actions taken by City Manager. The CITY shall defend, compromise and/orsettle any such~claim or suit, and shall pay theramountof any settlement or judgment rendered thereon, IV. PERFORMANCE"EVALUATION A. The City Council may review and evaluate the performance of the City Manager at any time, but shall review and evaluate the performance of the City Manager annually. Said review and evaluation"shall be in':accordance witkspecfic criteria developedjointly by the City Manager and the+,City Couricil,and shall include a discussion of'the City Manager's overall compensation package and,salary. Those criteria may be added to or deleted from as the. City Council may from time to time determine in ' consultation with the City Manager: Further, the Mayorshall provide the City Manager with a summary written statement of the "findings of the City Council aril provide an adequate opportunity for the City Manager to discuss°his evaluation"with the City Council. B. The City`Counc_il and the City Manager shall jointly develop personal performance goals which shall be incliided'iri subsequenY'performance evaluations of the City Manager. Those goals shall be incorporated into this agreement byattachment. ~~pp Reno 9l - ~.a-l WIGS ~ 1-'~ V:. 141ISCELLANEOUS; PROVISIONS A. The text herein"shall;constitutethe,entire~Agreemen€~betvveenxheparties: B. This agreement shall be' binding ,upon and inure .fo the benefit of the heirs at law and executors of City Manager. C. If any provision; or any portion thereof, contained in this Agreement is held unconstitutional, invalid.or`unenfoiceable, the remainder of"this Agreement, or portion thereof; shall be deemed severable, shall,notbe affected`':and shall,remain in.full force and effect. D. In the event,that-either'~paity to ~tfiisAgreement.brings a lawsuit to enforce or interpret-any provisions of this Agreement, the: prevailing party'shalL be entitle to receive their seasonable attorneys' fees and related expenses and costs. E. This Agreement shall be governed by the laws'of the State of California. F. The parties agree thaT any ambiguity in this .Agreement shall not be construed or interpreted against, or in favor: of, either: party. IN WITNESS WHEREOF; the CITY has caused this Agreement.=to be signed and executed in its behalf by it Mayor-and duly attested by its'.City Clerk, and tfie;City7vfanager has signed.and.executed4his Agreement;,both in'duplicate, the day and year first above written. CITY OF PETALUMA: CITY MANAGER By; Mayor Gene P.,Beatty ATTEST: City Clerk APPROVED A&TO FORM: City Attorney ci\winword\gbconV.doc '8/5!97: :f ~s~~ t ~ Resa 9l- aa.~~ NGS