CC - Item 4F - Amendment to the City Clerk Employment AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: JUNE 12, 2012
SUBJECT: AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT
SUMMARY
On May 22, 2012, the City Council conducted an annual review of the City Clerk's job
performance and provided a rating of Substantially Exceeds Expectations. The City's
established policies and procedures for merit salary adjustments apply to the City Clerk
in the same manner as all other full -time employees. Under the City's compensation
system, a performance rating of Substantially Exceeds Expectations equates to a merit
salary adjustment of 5% within the salary range. However, in light of current economic
conditions, the City Clerk has forgone the 5% merit increase and accepted an additional
3 months' of severance pay.
Staff Recommendation
Staff recommends that the City Council approve the Fourth Amendment to City Clerk
Employment Agreement.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
GLORIA MOLLEDA
CITY CLERK
Attachment A - Fourth Amendment to City Clerk Employment Agreement
ITEM NUMBER: NF
FOURTH AMENDMENT TO
CITY CLERK EMPLOYMENT AGREEMENT
1. Parties and Date.
THIS FOURTH AMENDMENT TO THE CITY CLERK EMPLOYMENT AGREEMENT
(hereinafter "Fourth Amendment ") is made and entered into this 12" day of June, 2012 by and between
the City of Rosemead, a California municipal corporation (hereinafter "City"), and City Clerk Gloria
Molleda (hereinafter "Employee ").
2. Recitals.
2.1 City and Employee entered into that certain Employment Agreement dated January 8,
2008 (hereinafter "Employment Agreement "), whereby Employee agreed to serve as the
City Clerk of the City of Rosemead.
2.2 City and Employee executed the First Amendment of that Employment Agreement on
May 27, 2008.
2.3 City and Employee executed the Second Amendment of that Employment Agreement on
June, 1, 2010.
2.4 City and Employee executed the Third Amendment of that Employment Agreement on
June 12, 2011.
2.5 City and Employee now desire to make a Fourth Amendment to certain provisions of the
City Clerk Employment Agreement relating to severance pay.
3. Severance Pay.
5.0 Section 5.0 of the Employment Agreement is hereby amended by restating Section 5D to
read as follows:
(1) In the event the City Clerk is terminated by the City Council during such
time that the City Clerk is willing and able to perform the City Clerk's
duties under this Agreement, then in that event the City agrees to pay the
City Clerk a severance payment equivalent to (9) months of
compensation in effect as provided herein.
(2) All payments required under Sections 5D (1) are subject to and shall be
interpreted to comply with the limitations set forth in Government Code
Section 53260.
4. Force and Effect.
4.1 Except as amended by this Fourth Amendment, all provisions of the Employment
Agreement and Third Amendment to City Clerk Employment Agreement shall remain in
full force and effect and shall govern the actions of the City and Employee under this
Fourth Amendment.
IN WITNESS WHEREOF, City has caused this Fourth Amendment to be signed and duly executed on
its behalf by its Mayor, and duly attested by its City Manager, and Employee has signed and executed this
Amendment, to be effective as of the day and year first above written.
CITY
Sandra Armenta, Mayor
ATTEST:
Jeffry Allred, City Manager
EMPLOYEE
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Gloria Molleda
APPROVE AS TOFORM:
Rachel Richman, City Attorney