HomeMy WebLinkAboutRESOLUTION 2024-031 N.C.S. 04/08/2024 DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
Resolution No. 2024-031 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING A FOURTH
AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR AT-WILL EMPLOYMENT OF
CITY ATTORNEY AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF
OF THE CITY
WHEREAS, since July 1, 2013, Eric Danly has served as the City Attorney of the City of Petaluma;
and
WHEREAS, Mr. Danly's salary, benefits, and conditions of employment are documented in an Agreement
for At-Will Employment of the City Attorney; and
WHEREAS, on December 19,2022,the City Council approved an Amended and Restated Agreement for At-
Will Employment with Mr.Danly on a 7-0 vote; and
WHEREAS, the City Council recently completed a performance evaluation for Mr.Danly and Section 5 of
the Agreement permits salary adjustments to his salary from time to time; and
WHEREAS, it is the desire of the Petaluma City Council, as the governing board of the City, to adjust Mr.
Danly's base salary, replace the existing vehicle use reimbursement benefit with a flat monthly auto allowance,
and amend his vacation payout benefit; and
WHEREAS,Exhibit A to this Resolution is a Fourth Amended and Restated Employment Agreement for At-
Will Employment of City Attorney; and
WHEREAS, the Fourth Amended and Restated Agreement reflects an updated salary of$268,140 annually,
replaces the existing vehicle use reimbursement benefit with a flat monthly auto allowance of$400, amends his
vacation payout benefit, and cleans up other miscellaneous benefit language; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act(CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that, approving this action does not
meet CEQA's definition of a"project,"because the action does not have the potential for resulting either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and
because this is a personnel-related action that constitutes organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the
City Council.
2. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that, approving this action does not
meet CEQA's definition of a "project," because the action does not have the potential for resulting either a
direct physical change in the environment or a reasonably foreseeable indirect physical change in the
environment, and because this is a personnel-related action that constitutes organizational or administrative
Resolution No. 2024-031 N.C.S. Page 1
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
activities of governments that will not result in direct or indirect physical changes in the environment.
3. The Fourth Amended and Restated Employment Agreement for At-Will Employment of the City Attorney
attached to and made a part of the resolution as Exhibit A is hereby approved.
4. The Mayor is hereby authorized and directed to execute on behalf of the City the Fourth Amended and
Restated Employment Agreement for At-Will Employment of the City Attorney with Eric Danly that is
substantially in accordance with that attached to this resolution as Exhibit A.
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 8'b day of April 2024, form:
by the following vote: b
City Att t y
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
ABSTAIN: None
000usigned br• Docos(gned by:
1` V, kd1
ATTEST: —t a Eaae asim -.
Cityi r c Mayor
Resolution No. 2024-031 N.C.S. Page 2
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
I FOURTHS AMENDED AND RESTATED EMPLOYMENT AGREEMENT
FOR AT-WILL EMPLOYMENT OF CITY ATTORNEY
Background
The Petaluma City Council appointed Eric Danly as City Attorney of the City of
Petaluma by Resolution No. 2005-205 N.C.S., adopted December 5,2005. By the same
resolution,the City Council approved the fourth amendment to an agreement for legal services
originally executed August 29, 1994,with Meyers,Nave,Riback, Silver and Wilson. Eric Danly
served as the Petaluma City Attorney as an employee of Meyers,Nave,Riback, Silver and
Wilson pursuant to the contract between the City of Petaluma and Meyers,Nave,Riback, Silver
and Wilson beginning December 5,2005.
To reduce overall legal service costs of the City of Petaluma,the City Council decided to
provide for the City's legal service needs primarily through attorneys employed by the City
rather than through legal service contracts. The City Council invited Eric Danly to continue
serving as the Petaluma City Attorney pursuant to an employment contract with the City and to
establish an in-house Iegal services department for the City. The City approved an At-Will
Agreement for Employment of City Attorney with Eric Danly by Resolution No. 2013-060
N.C.S., adopted June 3,2013, and entered into the agreement effective July 1,2013.
Eric Danly desires to continue serving as the Petaluma City Attorney and to continue to
develop the City's in-house legal services department in accordance with the City Council's
direction.A subcommittee of the City Council has recommended a new Agreement for At-Will
Employment of City Attorney to provide for the continuation of Eric Danly's service as Petaluma
City Attorney.
In accordance with the Council subcommittee recommendation and direction of the City
Council, a First Restated Agreement for At-Will Employment of City Attorney, effective March
27, 2017, superseded and replaced the At-Will Agreement for Employment of City Attorney
entered July 1, 2013, and established an expiration date of June 30,2027. This Fourth
Amended and Restated Employment Agreement for At-Will Employment of City Attorney,
effective following Council approval on April 8,2024Deeem eF '9 20222. supersedes and
replaces the Thirds Amended and Restated Employment Agreement for At-Will
Employment of City Attorney entered December 1920,20224.
In Marcher 2024-, in accordance with Section 5(b) of the Agreement, the City
Council completed a performance evaluation for Mr. Danly and agrees to adiust his base salary.
replace the existing vehicle use reimbursement benefit with a flat monthly auto allowance, and
amend his vacation payout benefit similar to °
Unit 8, which is
comprised of unrepresented employees. This Fourths Amended and Restated Employment
Agreement for At-Will Employment of City Attorney adopts these compensation changes, and
Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
1
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
updates various benefit provisions that are contained in Attachment I to this agreement.
Agreement
This Fourthd Amended and Restated Employment Agreement for At-Will Employment of
City Attorney(the "Agreement")is made by the City of Petaluma,("the CITY"), a California
charter city, and Eric W.Danly("ERIC DANLY"). The CITY and ERIC DANLY are referred to
collectively in this Agreement as "the Parties." This Agreement is effective following Council
adept+el`raDAroval on Anril 8.2024Deee„"er- 19 "`"" (the "Effective Date"). The Parties agree
as follows:
1. Appointment of City Attorney:
The CITY acknowledges the continuing appointment of ERIC DANLY as City Attorney of the
CITY. Commencing on the Effective Date,ERIC DANLY's appointment as City Attorney will
be pursuant to this Agreement.
2. Term:
The term of this Agreement("Term") shall commence on the Effective Date and continue for a
three-year period expiring on December 19,2024 (the"Expiration Date").Notwithstanding the
Expiration Date,the Term will automatically extend by an additional year without further notice
or action of the Parties commencing on December 20 of each year,thereby establishing a new
three-year Term and new Expiration date,unless either Party gives the other written notice of
termination of this provision by or before September 20. If either Party provides notice of
termination in accordance with this provision,the Term will expire at the conclusion of the three-
year Term then in effect without further notice or action of the Party,unless the Party giving
notice of termination rescinds the notice in writing before the commencement of the final year
of the Term then in effect. Notwithstanding this provision,this Agreement may be terminated
before the expiration of the Term in accordance with Section 22. If the CITY terminates this
Agreement by giving notice in accordance with this Section,the CITY will have no obligation to
pay severance pursuant Section 23 regarding such termination.
3. At-Will Employment:
ERIC DANLY will be an at-will employee of the CITY in accordance with California Labor
Code Section 2922 and will serve at the pleasure of the City Council. The CITY's Personnel
Rules, Policies,Procedures, Ordinances and Resolutions will not apply to ERIC DANLY, and
nothing in this Agreement confers upon ERIC DANLY any right to or expectation of any right or
property interest in continued employment by the CITY. If the CITY terminates ERIC
DANLY's employment,whether with or without cause,ERIC DANLY will be entitled to only
that due process that is provided by CITY Charter or ordinance, or this Agreement.Nothing in
this Agreement will limit the right of ERIC DANLY to resign at any time from his position with
Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
2
DocuSign Envelope ID:D3211340-CC434F3B-96A8-09416C01687A
the CITY subject to requirements in Section 22 of this Agreement.
4. City Attorney Duties and Responsibilities:
a. ERIC DANLY will continue performing the duties of City Attorney of the CITY pursuant to
this Agreement commencing on the Effective Date.
b. ERIC DANLY will serve as the City Attorney of the City of Petaluma,and will be vested
with the powers, duties and responsibilities and perform the functions and duties specified
under the laws of the State of California,the Petaluma City Charter and the Petaluma
Municipal Code, and the ordinances and resolutions of the CITY and other applicable law,
and such other duties and functions as the City Council may from time to time assign.
c. ERIC DANLY agrees to remain in the exclusive employ of the CITY, and to devote his full
productive time and attention to the CITY's business during the term of this Agreement.
However,ERIC DANLY may seek,and the City Council may give, its written permission
for ERIC DANLY to occasionally teach or write during ERIC DANLY's time off.
d. The CITY recognizes that ERIC DANLY is expected to devote necessary time outside
normal office hours to business of the CITY.ERIC DANLY will be allowed to take
reasonable time off for such work, as ERIC DANLY deems appropriate, during normal
office hours. As an exempt employee,ERIC DANLY will not receive overtime or extra
compensation for work performed outside normal business hours.However,ERIC DANLY
will receive administrative leave in accordance with Section 9, subdivision(c).
5. Compensation:
a. Effective the first full pay period following City Council approval of this Agreement on
April 8, 2024,ERIC DANLY's annual base salary shall be increased _.
from $234,609230,000 to an adjusted annual base salary of
$268.1402-34,600,payable in installments at the same time that the other management
employees of the CITY are paid.
b. The CITY may increase ERIC DANLY's compensation in such amounts and to such extent
as the City Council may determine is desirable on the basis of any annual salary review of
ERIC DANLY.
6. Benefits:
ERIC DANLY will be entitled to the benefits specified in Attachment I which is attached to and
made a part of this Agreement.
7. Disability:
If ERIC DANLY is permanently disabled or otherwise unable to perform his duties because of
I Fourthq4ir-d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
3
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
sickness, accident,injury,mental incapacity or health for a period of ninety(90) successive days
beyond any accrued sick leave,the CITY will have the option to terminate this Agreement.Upon
termination pursuant to this section,the CITY will have no obligation to pay severance pursuant
to Section 23.
8. Use of Vehicle:
Effective the first full pay period following City Council approval of this Agreement-ERIC
DANLY will be provided a monthly automobile allowance of$400 in exchange for making his
vehicle available for his own use and for CITY related business and/or functions during,before,
and after normal working hours The monthly automobile allowance is intended to defray costs
that ERIC DANLY incurs in utilizing hispersonal vehicle for CITY business. The automobile
allowance shall appear on ERIC DANLY's payroll stub as ordinary income and part of his salary
but will not be considered part of ERIC DANLY's base salary for purposes of this Agreement.
may use hiS PFivately owned vehiele to eenduet CITY business, in whieh ease CITY vvill
FeimbuFse ERIC DANLY fer aewal business Ifavel at the __ . etmt pef:mile then
eenduet GIT4 business, if ene is available.
9. Vacation,Sick,Administrative and Holiday Leave:
a. Upon the Effective Date, ERIC DANLY will continue to accrue vacation at the rate specified
in Attachment 1 that would apply to an employee employed by the City since December 5,
2005_
b. Sick leave shall accrue and be credited to ERIC DANLY's personal account in accordance
with Attachment 1.
c. Administrative leave shall be credited to ERIC DANLY's account at the rate of 96 hours per
year. Each year during the term of this Agreement ERIC DANLY may elect to receive a
payment equal to ERIC DANLY's unused administrative leave balance in that year of up to
twenty(20)hours.ERIC DANLY may carry forward up to forty(40)hours of unused
administrative leave into the next fiscal year.ERIC DANLY may not maintain a balance of
more than 136 hours of administrative leave. Carry-forward administrative leave may only be
taken as paid time off,has no cash value, and shall not be included in the totals subject to
payment under Section 22, subdivision(a),paragraph(3).
d. Holidays will be credited to ERIC DANLY's account in accordance with Attachment 1.
10.Disability,Health, and Life Insurance:
a. The CITY agrees to purchase and to pay during the term of this Agreement,premiums on
term life insurance policies equal in amount to one and one-half(1- 1/2)times the amount of
I the annual base salary of ERIC DANLY in accordance with Section 5 a to a maximum
benefit of$278,250.
Fourth4l4d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
4
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
b. The CITY agrees to provide and to pay the CITY's share of premiums for medical, dental,
and vision insurance for ERIC DANLY and his dependents in accordance with Attachment 1.
ERIC DANLY will have the right to select medical, dental and vision coverage from the plan
options specified in Attachment 1.
c. The CITY agrees to have in force and make required premium payments for ERIC DANLY's
participation in the CITY's current group long-term disability plan.
I
11.Retirement:
CITY agrees to enroll ERIC DANLY in the California Public Retirement System, (PERS). CITY
agrees to make all the appropriate contributions on ERIC DANLY's behalf,for the PERS
employer share required, and to contribute on behalf of ERIC DANLY seven percent(7%) of
ERIC DANLY's base salary in accordance with Section 5 of this Agreement, as amended from
time to time, into the City of Petaluma 401(A) Government Money Purchase Plan and Trust.
12.Dues and Subscriptions:
Subject to budgetary approval by the CITY,the CITY agrees to pay for professional dues and
subscriptions of ERIC DANLY necessary for ERIC DANLY's continuation and full participation
I in national,regional, state,and local associations and organizations necessary and desirable for
ERIC DANLY's continued professional participation, growth,and advancement and for the good
of the CITY.
13. Professional Development:
a. Subject to budgetary approval by CITY, the CITY agrees to pay for,to the extent allowed by
law,travel and subsistence expenses of ERIC DANLY for official travel,meetings and
events as necessary and appropriate to continue the professional development of ERIC
DANLY and to adequately represent CITY at gatherings such as the IIVILA annual
conference, California League of Cities meetings and conferences,and such other national,
regional, state and local governmental groups and committees in which ERIC DANLY may
participate as a representative of the CITY.
b. Subject to budgetary approval by the CITY, the CITY agrees to pay for,to the extent allowed
by law, travel,and subsistence expenses of ERIC DANLY for short courses, institutes and
seminars that are necessary for ERIC DANLY's professional development and for the good
of the CITY.
14. General Expenses:
The CITY recognizes that certain expenses of a non-personal nature may be incurred by ERIC
FourthT44d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
DANLY for the benefit of the CITY in the course of performance of ERIC DANLY's duties and
hereby agrees to reimburse or to pay such general expenses, and CITY's Finance Director is
hereby authorized to disburse such monies upon receipt of duly executed expenses of petty cash
vouchers,receipts, statements or personal affidavits to the extent allowed by law, subject to
budgetary approval.
15.Bonding:
The CITY will bear the full cost of any fidelity or other bonds required of ERIC DANLY as City
Attorney of the CITY under any law or ordinance.
16.Continuity:
In the event of a change of the elected representation of the City Council,there will be a ninety
(90) day period commencing upon the seating of new City Council members when the City
Council may take no action regarding the provisions of this Agreement,unless both Parties agree
or the action is for cause in accordance with Section 22, subdivision(e),paragraph(1).
17.Attorney Fees:
In the event of any suit or action by either Party under this Agreement, the prevailing parry in the
suit or action will be entitled to reasonable attorney fees and costs to be fixed by the court.
18. Other Terms and Conditions of Employment:
The CITY, in consultation with ERIC DANLY,may fix any other terms and conditions of
employment,as it may determine from time to time,relating to the performance of ERIC
DANLY's duties as City Attorney,provided such terms and conditions are not inconsistent with
or in conflict with the terms of this Agreement,the Petaluma City Charter, the Petaluma
Municipal Code or any other applicable state or federal law.
19.Indemnification:
a. The CITY will defend,hold harmless and indemnify ERIC DANLY against any tort, civil
rights,personnel, discrimination, or professional liability claim or demand or other legal
action,whether groundless or otherwise, arising out of an alleged act or omission occurring
in the performance of ERIC DANLY's duties as City Attorney in accordance with the
provisions of California Government Code Section 825 and following,as amended from time
to time, and provide a defense in accordance with California Government Code Section 99
and following.Notwithstanding anything to the contrary in this Agreement,the CITY
reserves the right to refuse to provide a defense of ERIC DANLY for the reasons set forth in
California Government Code Section 995.2 or other applicable provisions of law.
b. Following termination of this Agreement for any reason, the CITY agrees to pay ERIC
DANLY reasonable consulting fees and travel expenses when ERIC DANLY serves as a
Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
6
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
witness, advisor and/or consultant to the CITY regarding pending litigation.
20.Notices:
Notices pursuant to this Agreement must be in writing given by deposit in the custody of the
United States Postal Service,first class postage prepaid, addressed as follows:
a. CITY:
Mayor and City Council
11 English Street
Petaluma CA 94952
b. ERIC DANLY:
Eric W. Danly
City Attorney
11 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 will be deemed given as of the date of
personal service or as of the date of deposit of such written notice,postage prepaid,with the
United States Postal Service.
21.Performance Evaluations:
a. The City Council will review and evaluate ERIC DANLY's performance as City Attorney at
least once annually in advance of the adoption of the annual operating budget. The review
and evaluation will be in accordance with criteria developed jointly by CITY and ERIC
DANLY. The criteria may be amended as the City Council may from time to time determine
and in consultation with ERIC DANLY. The City Council will conduct its evaluation of
ERIC DANLY in closed session. The City Council will provide ERIC DANLY with the
written evaluation and provide an adequate opportunity for ERIC DANLY to discuss the
evaluation with the City Council.
b. In recognition of ERIC DANLY's accomplishments and objectives, and satisfactory
performance, a potential annual merit increase may be negotiated following completion of
the annual performance review and evaluation.
c. Annually,the City Council and ERIC DANLY will define and reduce to writing such goals
and performance objectives as they determine necessary for the proper operation of the CITY
and the attainment of the City Council's policy objectives and will further establish: a relative
priority among the various goals and objectives. The annual goals and objectives will
generally be attainable within the time limitations as specified in the annual operating and
Fourth-Th4d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
7
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
capital budgets and appropriations provided.
d. In effecting this Section,the City Council and ERIC DANLY mutually agree to abide by the
provisions of applicable law.
e. ERIC DANLY will coordinate with the City Manager to timely cause to be placed on the
City Council agenda each year a closed session for purpose of ERIC DANLY's performance
evaluation.
22.Termination of Employment:
a. Termination by Either Party:
1. The Parties may terminate this Agreement with or without cause by giving notice in
accordance with this Section and Section 20 of this Agreement.
2. During the period following notice of termination by either Party and until the
termination becomes effective,all the rights and obligations of the Parties under this
Agreement will remain in effect.
3. Upon separation from CITY employment for any reason,ERIC DANLY will be paid for
all earned, accrued, and unused vacation, administrative leave, and floating holidays,
without limit.
b. Termination by ERIC DANLY without Cause:
1. For purposes of this Agreement,termination by Eric Danly without cause will be deemed
to occur when ERIC DANLY gives the City Council written notice of termination of this
Agreement without cause as defined in this subdivision.
2. ERIC DANLY will give the CITY a minimum of sixty(60) days written notice in advance
of termination without cause,unless the Parties agree otherwise.
3. For purposes of this Agreement,termination by ERIC DANLY without cause means
termination in the absence of an uncured material breach by CITY of this Agreement as
defined in subdivision(c) of this section.
c. Termination by ERIC DANLY with Cause:
1. For purposes of this Agreement, termination by ERIC DANLY with cause will be deemed
to occur when ERIC DANLY gives the City Council written notice of termination of this
Agreement with cause as defined in this subdivision.
Fourth-Th"Amended and Restated Employment Agreement for At-Will Employment
City Attomey Eric Danly
8
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
2. ERIC DANLY must declare material breach of this Agreement in writing to the CITY
specifying the basis for the declaration, and the CITY will have thirty(30) days from
receipt of notice to cure the declared material breach.
3. For purposes of this Agreement; termination by ERIC DANLY with cause means
termination for CITY's material breach of this Agreement declared by ERIC DANLY and
not cured by the CITY in accordance with this subdivision.
d. Termination by CITY without Cause.
For the purposes of this Agreement,termination by CITY without cause will be deemed to occur
when:.
1. A majority of the City Council votes to terminate ERIC DANLY at a duly authorized
public meeting without cause, as defined in subdivision(e),paragraph (1) of this Section.
2. The City Council,the citizens of the CITY,or the California Legislature acts to amend
any provisions of the City Charter, CITY codes, or other legislation pertaining to the role,
powers, duties, authority, or responsibilities of the City Attorney in a way that
substantially changes the form of CITY government or the role,powers, duties, authority
or responsibilities of the City Attorney. ERIC DANLY will have the right to declare that
such amendments in the absence of cause as defined in subdivision(e),paragraph(1) of
this Section constitute termination without cause.
3. The City Council reduces the base salary, compensation or any other financial benefit of
ERIC DANLY. ERIC DANLY will have the right to declare that such reduction in the
absence of cause as defined in subdivision(e),paragraph(1)of this Section constitutes
termination without cause.
The CITY will give ERIC DANLY a minimum of sixty(60)days written notice in advance of
termination without cause in accordance with this subdivision unless the Parties agree otherwise.
e. Termination by CITY for Cause:
1. For purposes of this Agreement, cause for termination by CITY means:
A. Willful and repeated failure to perform the duties of City Attorney or other material
breach of this Agreement declared in writing by CITY by notice in accordance with
Section 20 and not cured within thirty(30)days of receipt of notice of the declared
material breach;
B. Conviction of ERIC DANLY for an employment related criminal act;
C. Conviction of ERIC DANLY for a felony; or
Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
9
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
D. A finding by a court,jury, State or Federal Attorney General,the Fair Political Practices
Commission, or any successor agency,that ERIC DANLY engaged in intentional or
negligent misconduct in relation to the performance of ERIC DANLY's duties as City
Attorney.
2. Prior to terminating this Agreement for cause,the CITY will give ERIC DANLY at least ten
(10)days prior written notice of the charges or other alleged cause for termination.Within
the ten-day notice period,but not earlier than five days after the notice has been given,the
City Council will meet with ERIC DANLY in closed session and give ERIC DANLY an
opportunity to address the City Council regarding the alleged cause for termination. ERIC
DANLY may also choose to have complaints or charges brought against him heard in open
session in accordance with California Government Code Section 54957, subdivision(b),
paragraph 2.After hearing ERIC DANLY's response to the alleged cause for termination,the
City Council will decide whether to terminate this Agreement and inform ERIC DANLY in
writing of its decision.
3. ERIC DANLY will not be entitled to severance pursuant to Section 23 of this Agreement
upon termination by CITY for cause in accordance with this subdivision.
23. Severance Pay:
a. If CITY terminates this Agreement during its term without cause as defined in Section 22,
subdivision(e), then ERIC DANLY will be entitled to a severance payment equal to seven
(7)months of base salary in accordance with Section 5 at the rate in effect at the time of
termination,plus CITY' s share of the cost of continuing health, dental, and vision insurance
for ERIC DANLY and all dependents as provided in Section 10,subdivision(b)for seven(7)
months.At ERIC DANLY's election,and pursuant to ERIC DANLY's written instructions at
the time of termination, severance pay shall be paid either in a lump sum cash payment
within thirty(30) days of the date of termination,or in equal monthly payments. Should
ERIC DANLY elect to receive severance pay in equal payments,the number of such
monthly payments will not exceed seven(7).
b. All payments required under subdivision(a)of this Section -are subject to and shall be
interpreted to comply with the limitations set forth in California Government Code Sections
53260 and 53261. The CITY's share of the cost of Health,Dental and Vision benefits shall
continue for the same duration of time as covered in the settlement or until ERIC DANLY
finds other employment, whichever occurs first.
c. If CITY terminates ERIC DANLY for cause in accordance with Section 22, subdivision(e),
paragraph(1), he will not be entitled to a severance payment.
24.Reimbursement Required for Conviction for Crime Involving Abuse of Office:
a. In accordance with California Government Code Sections 53243, 53243.1, and 53243.2, if
ERIC DANLY is convicted of a crime involving an abuse of his office or position, all of the
Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
10
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
following will apply:
1. If ERIC DANLY is provided with paid leave salary pending an investigation,ERIC
DANLY must fully reimburse the CITY any salary provided for that purpose.
2. If the CITY pays for the legal criminal defense of ERIC DANLY,ERIC DANLY must
fully reimburse CITY any funds provided for that purpose.
3. If this Agreement is terminated, any cash settlement related to the termination that ERIC
DANLY may receive from the CITY must be fully reimbursed to CITY, or, if a cash
settlement related termination of this Agreement has not yet been paid,the CITY is
excused from paying the cash settlement.
b. For the purposes of this section, abuse of office or position means either:
1. an abuse of public authority,including, but not limited to,waste,fraud, and violation of
the law under color of authority; or
2. a crime against public justice, including,but not limited to, a crime described in Title 7
(commencing with Section 92) of Part 1 of the California Penal Code.
25.Miscellaneous:
a. This Agreement reflects the entire agreement between the Parties. This Agreement may not
be modified, except by written agreement executed by both Parties.
b. Upon the Effective Date, this Agreement shall replace in its entirety the Third Amended and
Restated At-Will Agreement for Employment of City Attorney entered between the CITY
and ERIC DANLY effective December 19 2022.4
c. 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,will be deemed
severable,will not be affected and will remain in effect.
d. This Agreement will be governed by the laws of the State of California.
e. The Parties agree that any ambiguity in this Agreement will not be construed or interpreted
against, or in favor of, either Party.
f. This Agreement will bind and inure to the benefit of the successors,heirs and assigns of the
Parties.
Fourth4hir-d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
11
DocuSign Envelope ID:D3211340-CC43-4F3B-g6A8-09416C01687A
ERIC DANLY: CITY:
By: By:
Eric W.Danly,City Attorney Kevin McDonnellTefesa Baffett,
Mayor
DATED: DATED:
ATTEST:
By:
Caitlin Corlcy. Ketida11 sa;yeF
City Clerk
FourthT4ffd Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
12
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
Attachment 1
1. Vacation
A. Vacation Leave Accrual Rate
Vacation leave hours shall accrue at the rate specified in the below table.
Completed Years Hours Earned on an Maximum Accrual
of Service Annual Basis after Limit
Completed Years of Service
1 128 384
2 136 408
3 144 432
4 152 456
5 160 480
6 168 504
7 176 528
8 184 552
9 192 576
10 years or more 200 600
The total amount of accrued but unused vacation may not exceed three (3) times
the rate of annual accrual as specified in the schedule above.Upon separation
from employment ERIC DANLY shall be paid for all accrued unused vacation
leave.
B. Vacation—Payout
During the month of December of each year, ERIC DANLY may make an
irrevocable election to cash out vacation hours in the
following calendar year if he has at least one hundred and twenty (120) hours of
accrued but unused vacation. Vacation payouts under this section will be made in
October of the tax year following the election. ERIC DANLY must have a
minimum balance of forty (40) hours remaining after the cash out of vacation. If
ERIC DANLY's requested amount does not leave a minimum forty(40) hours of
vacation remaining at the time of cash out, his requested vacation cash out will be
reduced to allow the remaining minimum balance of forty (40) hours to be
maintained.
Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
13
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
2. Sick Leave
A. Sick Leave—Eligibility
Sick leave is not a right,which may be used at discretion,but rather,sick leave shall
be used only in case of personal illness, disability or the serious illness or injury of
a family member,which requires the attention of ERIC DANLY. The term family
members shall include: spouse,children,parents, spouse's parents,brothers, sisters
or other individuals whose relationship to ERIC DANLY is that of a dependent or
near dependent or otherwise identified in California Labor Code Section 233.
B. Sick Leave—Accrual
Sick leave shall accrue at the rate of eight(8) hours for each month of continuous
service.
C. Sick Leave—Retirement Payout
In the event of the death or retirement and the completion of ten(10)or more years
of continuous employment with the City, ERIC DANLY shall be paid or shall
receive a benefit of fifty percent (50%) of his accumulated but unused sick leave
not to exceed four-hundred-eighty (480) hours. -He may elect not to receive this
benefit and instead place all sick leave hours into the Ca1PERS sick leave
conversion benefit or ERIC DANLY may do a combination of both; to receive_a
payout of up to fifty percent(50%)of his accumulated but unused sick leave not to
exceed four hundred eighty (480)hours with the balance placed into the Ca1PERS
sick leave conversion benefit.
D. Sick Leave—Conversion
In February of each year, ERIC DANLY may convert a maximum of one hundred
sixty(160) hours of sick leave to vacation at a ratio of four(4) sick leave hours to
one (1)vacation hour. Example: ERIC DANLY requests conversion of 160 hours
of sick leave; 40 hours of vacation leave are added to his vacation bank. ERIC
DANLY must have at least eighty(80)hours remaining in his sick leave bank after
the conversion. Such conversion does not impact the ongoing accrual of sick leave
at the rate of eight(8)hours for each month of continuous service.
3. Holidays and Holiday Leave
The City observes twelve (12) fixed-date holidays. These holidays are established for the
City's fiscal year as determined by City Council resolution.
The holidays for fiscal year 23-/243 are as follows:
Fourthq4i4d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
14
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Cesar Chavez Day
Memorial Day
Observance: The actual date of the observed holidays is determined by City Council
resolution each fiscal year. If participating in a 5/8 schedule, when a holiday falls on a
Saturday, that holiday will be observed on the prior Friday. When a holiday falls on a
Sunday, that holiday will be observed on the following Monday. Should this conflict
with a Friday or Monday designated holiday, the Friday or Monday holiday will occur
on the preceding Thursday or following Tuesday. If participating in a 4/10 schedule,
when a holiday falls on a Friday or Saturday,that holiday will be observed on Thursday.
When a holiday falls on a Sunday, that holiday will be observed on the following
Monday. Should this conflict with a Friday or Monday designated holiday, the Friday or
Monday holiday will occur on the preceding Wednesday or following Tuesday.
Observance by an employee of a designated religious event may be granted, if
practical, with at least seven (7) days prior approval required for such leave, under the
following methods:
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay.
Fixed holidays will be based on the employee's regular work shift. For example, if an
employee works a 4/10 schedule, s/he shall receive ten(10)hours of pay for the holiday.
If an employee works a 9/80 schedule, s/he shall receive nine (9) hours of pay for the
holiday, or eight (8) hours pay if the holiday falls on their regularly scheduled eight (8)
hour workday as part of their 9/80 schedule. If an employee works a 5/8 schedule (five
days/week, eight hours/day), s/he shall receive eight(8) hours of pay for the holiday.
The same shall be true for any employee whose regular work week is fewer than forty
(40)hours per week, except that no such employee shall receive more than eight(8)hours
of pay for the holiday.
4. Personal Leave(formerly Floating Holiday)
fFourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
15
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
Each fiscal year ERIC DANLY shall be provided eight(8) hours of Personal Leave,one
fleatiag hekd*)-which may be taken by him at a time he selects, subject to operational
requirements of the City. Personal Leave is limited to eight(8) hours and may not be
carried over to the next fiscal year.
5. Health Benefits
A. PEMHCA Contribution
The City currently provides health benefits through the California Public Employees'
Retirement System (Ca1PERS) Health Benefits Program under the Public Employees'
Medical and Hospital Care Act (PEMHCA). The City's employer contribution for each
employee shall be the minimum required by PEMHCA. The City pays this contribution
directly to Ca1PERS.
B. Additional Benefit Amount Paid by the City
The City shall pay the additional contribution amount specified in the schedule below
I entitled "Total 20242 City's Contribution Rate" for ERIC DANLY and his covered
family members dependents.
20242 Health Rates PEIVIHCA Contribution
(Based on 20242 City's Benefit Total 20243 City's
Coverage Kaiser Permanente Contribution (Added to the City's Benefit Contribution Rate
Rates) Contribution)
Employee $1,021.41 $95:7.06 $821.19$672-6r, $157.00$149.0A $978.19$ 21.66
Only
Employee+ 1 laQ42.82$1,714.12 $1,791.53 $157.00$449-.00 $1,948.53$1�,-635-96
Employee+2 $2.655.67$_a,-.446 $2,373.7^Q'�9 $157.00$149.0A 2 530.74$24 4-3°
or more
Effective January 1,20253,the City shall pay an additional benefit that depends upon the actual
percentage increase in the Kaiser premium. The City's additional benefit contribution for
20253 shall be up to a 9%increase of the 20242 Health Plan Rate, less the City's PEMHCA
contribution,times 95%or an amount equal to the actual 20253 Ca1PERS Health Premium for
Kaiser, less the City's PEMHCA contribution, times ninety-five percent (95%) for ERIC
DANLY and his covered Emily membefsdependents,whichever is less.
C. Additional Contribution Capped at 20253 Rate
The amount of the City's additional contribution shall be capped at the contribution levels
established effective January 1,20253 and shall not increase regardless of whether or not
premiums increase in the future,unless approved by the City Council.
I Fourths Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
16
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
D. ERIC DANLY'S Contribution
ERIC DANLY shall contribute to his CalPERS Health Premium in the amounts less the
City's PEMHCA contribution and less the additional benefit paid by the City.
6. Health Benefits—Retired
A. Retired—CalPERS and PEMHCA
The City currently provides health benefits through the California Public Employees'
Retirement System(CalPERS)Health Benefits Program under the Public Employees'
Medical and Hospital Care Act (PEMHCA). In order for a retired employee to be
eligible to receive health benefits through CalPERS, upon retirement, a retired
employee must meet the following definition of"annuitant"under CalPERS law:
i. Employee must be a member of CalPERS;and
ii. Employee must retire within one-hundred-twenty (120) days of separation
from employment with the City of Petaluma and receive a monthly retirement
allowance from CalPERS.
B. PEMHCA Minimum
The monthly employer contribution for annuitants is the required minimum
PEMHCA contribution.
The City pays this contribution directly to CalPERS. The retiree is required to
contribute to the cost of the health benefit coverage. The retiree's monthly
contribution shall be the cost of the monthly health benefit premium less the amount
of the City's contribution.
C. CalPERS Annuitant—PEMHCA Health Benefits
In accordance with the PEMHCA provisions if an employee is a CalPERS annuitant
as defined by CalPERS and receives health benefits under the PEMHCA, the
employee is eligible to receive the City's PEMHCA contribution amount specified
below,regardless of the number of years of service with the City of Petaluma.
D. Less Than 20 Years of Service—Not Receiving PEMHCA Health Benefits
A retired employee with less than twenty (20) years of service with the City of
Petaluma who is not enrolled in the CalPERS health benefit program does not
receive any retiree benefit from the City.
E. Less Than 20 Years of Service—Receivine PEMHCA Health Benefits
A retired employee with less than twenty (20) years of service with the City of
Fourthd Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
17
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
Petaluma who is a CalPERS annuitant as defined by CalPERS and enrolled in the
CalPERS health benefit program is eligible to receive the minimum PEMHCA
contribution as set by CalPERS.
F. 20 Years or More of Service—Not Receiving PEMHCA Health Benefits
A retired employee with twenty(20)or more years of service with the City of
Petaluma who is not enrolled in the CalPERS health benefits program shall
receive direct payments in the amount of one-hundred-forty dollars ($140.00)each
month, effective the first month following the expiration of health benefit coverage.
G. 20 Years or More of Service—Receiving PEMHCA Health Benefits
A retired employee with twenty (20) years or more of service with the City of
Petaluma who is a CalPERS annuitant as defined by CalPERS and enrolled in the
CalPERS health benefit program is eligible to receive the minimum PEMHCA
contribution as set by CalPERS.
The City's PEMHCA contribution amount is deducted from the retiree's monthly
health premium and paid to CalPERS directly by the City.
It is the responsibility of the retiree to notify the City in writing if he or she is no
longer participating in the CalPERS health benefit program.Following receipt of the
written notice,the City will commence direct payment of the one-hundred-forty
dollars($140.00)at the beginning of the following month.
7. California Public Employees'Retirement System
Effective January 1, 2013,the City of Petaluma became subject to the Public Employees'
Pension Reform Act of 2013 (PEPRA) and benefits offered to newly hired employees
will be in accordance with PEPRA.
Prior to January 1, 2013, the City established a different level of benefits (two-tiered
retirement) for Miscellaneous employees. The amended contract provides that
Miscellaneous employees hired on or after December 28, 2012 shall receive the 2%at 60
formula retirement plan and the three-year final average compensation. Miscellaneous
employees hired on or after January 1, 2013, shall receive the 2% at 62 formula
retirement plan and the three-year final average compensation.
The City's contract with CalPERS includes the following optional benefits:
• Third Level- 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
Fourth-T4"Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
18
DocuSign Envelope ID:D3211340-CC43-4F36-96A8-09416C01687A
• 1957 Survivor Allowance as provided in Section 21546.
• Military Service Credit as provided in Section 21024(January 1, 1992).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (April 1,
1971).
• Retired Death Benefit of five-hundred dollars ($500.00) as provided in Section 21620
(December 1, 1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
Effective February 26,2018, employees shall pay an additional three percent(3%)
towards PERS retirement. For Classic Miscellaneous employees, this three percent(3%)
is added to the seven percent(7%)employee contribution, for a total contribution of ten
percent (10%). Employees subject to the PEPRA formula shall also pay an additional
three percent(3%) on top of their required employee contribution, as established annually
by PERS.
The City shall defer that portion of ERIC DANLY'S contribution paid to CalPERS through
section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution
90-363 N.C.S.
8. Cash In-Lieu of Health and Dental Benefits
If ERIC DANLY has health benefit insurance coverage from a source other than the City,
or health benefit insurance coverage from a City employee,he may request cash in lieu of
health and dental benefits.To be eligible for the cash in-lieu benefit program he must waive
his coverage under the City's health and/or dental benefits, agree to the terms and
conditions of the cash in-lieu benefit program and have written verification of health and/or
dental benefits insurance.
The cash in-lieu amount for health coverage shall be in the amount of fifty percent(50%)
of the health insurance premium amount of the CalPERS Kaiser-Bay-Area Region that
the City would otherwise pay for the employee and his or her family members. The cash
in-lieu amount for dental insurance benefits shall be in the amount of fifty percent(50%)
of the established dental program composite rate.
Upon declining medical insurance, he will be required to meet the terms and conditions
regarding the City's medical and/or dental plan. If he decides to stop receiving the
medical/dental cash back and wishes to re-enroll into the City's medical and/or dental
plan, then he must meet the current terms and conditions of the City's medical and/or
dental plan. The City cannot guarantee that once the employee leaves a particular
medical and/or dental plan,he may be able to re-enroll in his prior plan and under the
Fourth-Third Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
I9
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
same terms and conditions of his/her prior plan.
9. Section 125 Plan
The City of Petaluma shall make available to ERIC DANLY an Internal Revenue Code
(IRC)Section 125 plan. The Section 125 plan is subject to federal law and plan provisions.
The Section 125 Plan offered by the City provides a tax savings through the following
programs:
(A) Pre-Tax Health Insurance Premiums:
This program allows employees to pay his or her share of health insurance
premiums with pre-tax dollars.
(B) Flex Spending Accounts(FSAs):
1) Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co-pays, and
vision and dental care with pre-tax dollars.
2) Dependent Care Reimbursement
This program permits employees to pay for most child and or dependent
care expenses with pre-tax dollars.
10. Dental Insurance
The City shall provide a dental plan and pay the total premium costs for ERIC DANLY
and his eligible dependents. The maximum benefit amount is two-thousand dollars
$2,000.00 per person per calendar year. Orthodontic coverage shall be provided for
dependent children under the age of twenty-six (26) years and is 50% of the dentist's
allowed fee(subject to a$2,000.00 lifetime maximum per person).
11. Vision Insurance
The City shall provide a vision plan and pay the total premium costs for ERIC DANLY
and his eligible dependents. Employees are eligible for eye exams once a calendar year
with a twenty-five ($25.00) deductible. Frames are available once a calendar year with a
maximum benefit of one-hundred-eighty dollars ($180.00) and/or contact lenses are
available once a calendar year with a maximum benefit of one-hundred-eighty dollars
($180.00).
FourthT44-d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
20
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01667A
12. Employee Assistance Program
The City will provide an Employee Assistance Program to ERIC DANLY and his covered
depen dents i mmed iate faR+gy. This licensed counseling service will provide assistance and
referrals for matters related to marriage and family problems, alcohol and drug
dependency, emotional, personal, and stress-related concerns and other issues. All
counseling services are confidential.
13. Long Term Disability Insurance
The City shall provide ERIC DANLY with the same long-term disability benefit plan as
provided to City employees.
14. Deferred Compensation
The City of Petaluma shall make available to ERIC DANLY a Deferred Compensation
Plan.
15. Industrial Injury Leave
Benefits shall be payable in situations where ERIC DANLY'S absence is due to industrial
illness or injury as provided in California State Workers' Compensation Law. During the
first three(3)workdays when his absence has been occasioned by illness or injury suffered
during his employment and he receives workers' compensation benefits, he shall receive
full pay. Following this period, sick leave may be a supplement to the workers'
compensation benefits provided. Compensation is at his regular rate for a period not to
exceed six(6) months, or until such sick leave is exhausted, or the disability is abrogated,
or that he is certified "permanent and stationary" or"maximum medical improvement"by
a competent medical authority. The City shall pay him the regular salary, based on the
combination of the workers' compensation benefits plus sick leave.
Sick leave for industrial injury shall not be allowed for a disability resulting from non-
industrial sickness,self-inflicted injury, or willful misconduct.
The City may retire ERIC DANLY prior to the exhaustion of accumulated sick leave, at
which time all accrued but unused sick leave shall be abrogated, subject only to the
limitations provided under his Agreement.
16. Bereavement Leave
FourthTh"Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
21
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
ERIC DANLY shall be granted up to thirty-two (32) hours of paid bereavement leave in
the event of death in his immediate family. Paid bereavement leave is granted per
gualifying event_ For the purpose of bereavement leave, immediate family shall mean
spouse, qualified domestic partner, father, father-in-law, mother, mother-in-law, brother,
brother-in-law, sister, sister-in-law, child (including stepchildren), step-parents,
grandparents and grandchildren or person with whom the employee has a relationship in
I loco parentis. Up to an additional eight (8) hours of accrued leave, including sick leave,
wilybe granted to supplement bereavement leave.
In the event ERIC DANLY must travel more than three-hundred (300) miles to attend a
I funeral or memorial service, an additional eight(8)hours of paid bereavement leave shall
be granted instead of the use of accrued leave.
17. Victims of Domestic Violence and Sexual Assault Leave
The City of Petaluma provides appropriate leave,in accordance with California Labor
Code Section 230.
18. Military Leave
The City of Petaluma shall grant military leave benefits to eligible employees in accordance
with California's Military Leave Laws found in Military&Veteran's Code 389 et seq.,the
Federal Uniformed Services Employment and Re-employment Rights Act (USERRA),
found at 389 U.S.C.4301 et seq.,and the City of Petaluma Resolution No.2004-200 N.C.S.
Employees in the Ready Reserves of the Armed Forces who are ordered to active military
duty or training under Executive Order 13223, shall have continued benefits in effect
throughout his/her active duty training for a period of three-hundred sixty-five (365)
calendar days or until the date of discharge from military service, whichever occurs first,
unless this policy is changed by action of the City Council.
19. Election Officer and Voting Leave
If ERIC DANLY'S actual work schedule otherwise would prevent him from voting in any
State, County, or General election, he may be granted up to two (2) hours of paid time to
vote, in accordance with Election Code 14000. He must provide the City with at least two
(2)working days' notice that he will be taking time off to vote.
20. School Visitation Leave
The City of Petaluma provides up to forty (40)hours of unpaid leave in a year to
participate in the child's school activities, in accordance with Labor Code section 230.8.
I FourthTlrird Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
22
DocuSign Envelope ID:D3211340-CC43-4F3B-96A8-09416C01687A
21. Leave of Absence without Pay
The City Council may grant ERIC DANLY with a leave of absence without pay pursuant
to State and Federal Law. Good cause being shown by a written request,the City Council
may extend such leave of absence without pay or benefits for an additional period not to
exceed six(6)months.No such leave shall be granted except upon written request of ERIC
DANLY setting forth the reason for the request, and the approval will be in writing.
22. Jury Duty Leave
Should ERIC DANLY be summoned for jury duty,he shall be entitled to a leave of absence
with full pay for such period of time as may be required to attend the court in response to
such summons. He may retain payment for travel but shall make payable to the City any
and all fees which he may receive in payment for service as a juror. For Grand Juries this
compensation shall not extend beyond twenty(20)working days.
23. Family Care and Medical Leave (FMLA& CFRA)
FMLA and/or CFRA Leave
The City shall provide family and medical care leave for ERIC DANLY as required by
City policy, state and federal law and as specifically provided in the Federal Family and
Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993
(CFRA). If possible, employees must provide thirty(30)days advance notice of leave.
FMLA and/or CFRA—Second Opinion
ERIC DANLY shall provide the City with a health care provider certification as required
by City policy , state and federal law. The City, at City expense, may require a second
opinion on the validity of the certification. Should a conflict arise between health
providers,a third and binding opinion, at City expense shall be sought.
24. Paid Parental Leave
On October 18, 2021, the City Council approved a Paid Parental Leave (PPL) Policy for
City of Petaluma employees.The PPL Policy provides eligible City of Petaluma employees
up to 320 hours of PPL. As a City of Petaluma employee, ERIC DANLY is an eligible
employee for PPL subject to the terms of the PPL Policy. The PPL Policy may be subject
to change in the future.
Fourth44+4-d Amended and Restated Employment Agreement for At-Will Employment
City Attorney Eric Danly
23