CC - Item 4F - City Clerk Employment Agreement• •
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAADD CITY COUNCIL
FROM: BILL CROWE, CITY MANAGER
DATE: DECEMBER 27, 2005
RE: CITY CLERK EMPLOYMENT AGREEMENT
Pursuant to the City Council's previous action (1) designating Nina Castruita as City Clerk and (2)
directing the City Manager to prepare an employment agreement for Ms. Castruita, attached for City
Council consideration is an employment agreement with Ms. Castruita.
The agreement takes effect on her date of hire, October 18, 2005.
The City Council, of course retains the right to terminate the employment, at any time, by giving
notice and providing the severance benefits contained in the agreement.
RECOMMENDATION:
That the City Council approve the employment agreement with Nina Castruita and authorize the
Mayor to execute the same on behalf of the City.
~•~~tnA
DEC 2 7 2005
rcI
~
0 •
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made this 18th day of October, 2005, by and between the CITY OF ROSEMEAD, a
municipal corporation, (hereinafter called the "City"), and ORFADINA N.
CASTRUITA, an individual (hereinafter called "Employee"), are subject to the following
terns and conditions:
WITNESSETH
WHEREAS, the City desires to employ the services of Employee as City Clerk of
the City of Rosemead in accordance with the relevant statutes of California and the City
of Rosemead; and
WHEREAS, it is the desire of the Rosemead City Council, (hereinafter called
"Council") to provide certain benefits, establish certain conditions of employment and to
set working conditions of said Employee; and
WHEREAS, it is the desire of the Council: (1) to secure and retain the services of
Employee and to provide inducement to remain in such employment; (2) to make
possible full work productivity by assuring Employee's morale and peace of mind with
respect to future security; and (3) to provide a just means of terminating Employee's
services at such time as she may be unable fully to discharge her duties due to disability
or when City may desire to otherwise terminate the employment; and
WHEREAS, Employee desires to accept employment as City Clerk of City.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
AGREEMENT
Section 1. Duties
Effective October 18, 2005, City hereby employs Orfadina N. Castruita as City
Clerk of said City to perform the functions and duties as specified in the Municipal Code,
and to perform other legally permissible and proper duties and functions as the Council
shall from time to time assign.
Section 2. Term
A. Employee shall commence her services hereunder on October 18, 2005 which
date shall be her anniversary / hire date. Employee shall, following the
assumption of the office of City Clerk, remain in the exclusive employ of the City
until her second anniversary date, October 18, 2007 (the "termination date".)
B. In the event written notice is not given by either party to this Agreement to the
other at least 180 days prior to the termination date as hereinabove provided, this
Agreement shall be extended on the same terms and conditions as herein provided
for an additional period of two years. This Agreement shall continue thereafter
for two-year periods unless at least 180 days' written notice is given prior to time
of expiration of a two-year period.
C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Council to terminate the services of Employee at any time, subject only to
the provisions set forth in Section 3, paragraph A, of this agreement.
D. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Employee to resign at any time from her position with City, subject only to
the provision set forth in section 3, Paragraph B, of this Agreement.
E. Employee agrees not to seek, to accept, nor to become employed by any other
employer until said termination date, unless said termination date is effected as
hereinafter provided.
The term "employed by any other employer" shall not be construed to include
occasional teaching, writing, or consulting performed on Employee's time off.
Section 3. Termination and Severance Pay
A. In the event Employee is terminated by the Council during such time that
Employee is willing and able to perform her duties as City Clerk, then in that
event City agrees to pay Employee a lump sum cash payment equal to six (6)
months' aggregate salary severance pay, subject to the limitations of Government
Code Section 53260(a). In no event shall employee receive more than six (6)
months' salary as severance pay. In addition to the cash settlement, City shall
continue to provide full health benefits to Employee for the entire severance
period, or until Employee secures other employment which provides equivalent
health benefits, whichever occurs first. In the event the Employee is terminated
for willful misconduct, City shall have no obligation to pay such severance pay
provided for in this paragraph.
B. In the event Employee voluntarily resigns this position with City, then Employee
shall use her best efforts to give City sixty (60) days written notice in advance,
unless the parties otherwise agree in writing.
Section 4. Salarv
City agrees to pay Employee for her services rendered pursuant hereto an annual
base salary of $70,595.20 per year payable in installments at the same time as other
employees of the City are paid.
• •
Section 5. Performance Evaluation
The Council shall review and evaluate the performance of the Employee at least
once annually. In addition, City agrees to increase said base salary and/or other benefits
of Employee in such amounts and to such an extent as the City Council may determine to
be desirable on the basis of an annual salary review. Such review shall be made at the
same time as similar consideration is given other employees of City generally.
Section 6. Hours of Work
A. The position is FLSA exempt and not eligible for overtime.
B. Employee shall not spend more than ten (10) hours per week in teaching or other
non-city connected business without the prior approval of the Council. No such
activity shall involve a conflict of interest or time.
Section 7. Dues and Subscriptions
City agrees to budget and to pay the professional dues and subscriptions of
Employee necessary for her continuation and full participation in national, regional, state
and local associations and organizations necessary and desirable for Employee's
continued professional participation, growth, and advancement, and for the good of the
City.
Section 8. Professional Development
A. City hereby agrees to budget and to pay the travel and subsistence expenses of
Employee for professional and official travel, meetings, and occasions adequate to
continue the professional development of Employee and to adequately pursue
necessary official and other functions for City.
B. City also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes, and seminars that are necessary for her
professional development and for the good of the City.
Section 9. Vacation and Sick Leave
Employee shall accrue, and have credited to her personal account, vacation and
sick leave at the same rate as other general employees of City.
Section 10. Disability, Health and Life Insurance
A. City agrees to provide hospitalization, surgical, and comprehensive medical
insurance for Employees and her dependents and to pay the premiums thereon.
Such insurance shall be at least equal to that provided all other City employees.
0 0
Section 11. Other Terms and Conditions of Employment
A. The City Council shall fix any such other terms and conditions of employment, as it
may determine from to time, relating to the performance of Employee, provided
such terms and conditions are not inconsistent with or in conflict with law or the
provisions of this Agreement.
B. All provisions of the Municipal Code, and regulations and rules of City relating to
vacation and sick leave, retirement and pension system contributions, holidays, and
other fringe benefits and working conditions as they now exist or hereafter may be
amended, shall apply to Employee in like manner as they would to other employees
of City, unless other specific provisions with respect thereto are made herein.
C. Employee shall be entitled to receive the same vacation and sick leave benefits as
are accorded department heads, including provisions governing accrued vacation
and payment therefore on termination of employment.
Section 12. Notices
Notices pursuant to this Agreement shall be given by personal service, overnight
mail service or the United States Postal Service, postage prepaid, addressed as follows:
Employer: City of Rosemead
8838 E. Valley Boulevard
Rosemead, California 90017
Attn: City Manager
Employee: Orfadina N. Castruita
Section 13. 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. If any provision, or any portion thereof, contained in this Agreement is held to
be 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.
r
0
IN WITNESS WHEREOF, the City of Rosemead has cause this Agreement to be
signed and executed in its behalf by its Mayor, and duly attested by its City Clerk,
and Employee has signed and executed this Agreement, both in duplicate the day and
year first above written.
DATED this day of , 2005
CITY OF ROSEMEAD
By:
MAYOR
ATTEST By:
Nina Castruita, City Clerk
EMPLOYEE
By:
Orfadina N. Castruita