CC - Item 6B - City Clerk Contract Approval E M f
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'�,A �, ROSEMEAD CITY COUNCIL
E STAFF REPORT
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TO: MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER 3R
DATE: JULY 26, 2016
SUBJECT: CITY CLERK CONTRACT APPROVAL
SUMMARY
The City Council will consider approval and execution of the City Clerk Employment
Agreement.
Staff Recommendation for City Council Action
Staff recommends that the City Council approve the Employment Agreement with Mr.
Marc Donohue and authorize the Mayor to execute the Agreement (Attachment A).
BACKGROUND
Staff was directed by City Council to negotiate an employment agreement with Mr.
Donohue within the terms specified by the City Council. Based on his qualified
experience, the City Council made an offer to Mr. Donohue who accepted the offer subject
to City Council approval of the Agreement.
An Agreement has been prepared in consultation with Mr. Donohue within the terms
specified by the City Council and outlined in Attachment A. The Agreement is being
presented for City Council approval and execution.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
FISCAL IMPACT
Funds for the annual salary and benefits for the City Clerk are included in the City's 2016-
2017 Fiscal Year Budget.
Submitted by:
Su Tan
Human Resources Manager
ITEM NO. 6.B
APPROVED FOR CITY COUNCIL AGENDA: _.
City Council Meeting
July 26,2016
Page 2 of 2
Attachment A: City Clerk Employment Agreement
ATTACHMENT A
CITY CLERK
EMPLOYMENT AGREEMENT
between the
City of Rosemead
and
Marc Donohue
PARTIES AND DATE
This Agreement is entered into as of July 26, 2016. by and between the City of Rosemead,
California, a municipal corporation (the"City"), and Marc Donohue, an individual (the "City
Clerk"). The City and the City Clerk are sometimes individually referred to as a"Party" and
collectively as"Parties."
2. EMPLOYMENT
The City hereby employs the City Clerk, and the City Clerk hereby accepts such employment.
Employee shall assume the position of City Clerk on August 1,2016, and remain in the exclusive
employment of the City until either party exercises their separation rights as stipulated in Section
5 of this agreement.
3. COMPENSATION
The City agrees to provide the following compensation to the City Clerk during the term of the
agreement:
A. Compensation& Required Employer Costs
(I) Base Salary
(a) The annual salary for the position of City Clerk shall initially be
$95,563.80 ($7,963.65 per month).
(b) The City Clerk shall be paid at the same intervals and in the same
manner as regular City employees.
(2) Performance Evaluation
(a) The City Council shall conduct an initial evaluation of the City
Clerk's performance sometime in February 2017. Thereafter, the
City Council will have the option of evaluating the City Clerk on
an annual basis.
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(h) The City Council and the City Clerk agree that performance
evaluations, for the purpose of mid-course corrections, may occur
quarterly or several times during each calendar year.
B. Basic Benefits
(I) Leave Allowances & Holidays
The City Clerk shall receive the same vacation, sick leave accrual, administrative
leave accrual, and other leave &holiday benefits as provided to the Middle
Management classification of City employees.
4. SECURITY
A. Insurance
(I) Health & Welfare Insurances
The City Clerk shall receive the same health, welfare, and ancillary benefit
insurance options that are provided to all other employees in the Middle
Management classification.
5. SEPARATION
A. Resignation/Retirement
The City Clerk may resign at any time and agrees to give the City at least 45 days
advance written notice of the effective date of the City Clerk's resignation, unless the
Parties otherwise agree in writing.
B. Termination & Removal
(1) The City Clerk is an at-will employee serving at the pleasure of the City
Council as provided in Government Code Section 36506.
(2) The City Council may remove the City Clerk at any time, with or without
cause,by a majority vote of its members.
C. Separation for Cause
(I) The City Clerk may be terminated for cause. As used in this section,
"cause" shall mean only one or more the following:
(a) Conviction of a felony;
(b) Continued abuse of non-prescription drugs or alcohol that
materially affects the performance of the Clerk's duties; or
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(c) Repeated and protracted unexcused absences from the City Clerk's
office and duties.
(2) In the event the City terminates the City Clerk for cause, then the City
may terminate this Agreement immediately, and the City Clerk shall be
entitled to only the compensation accrued up to the date of termination.
6. MISCELLANEOUS PROVISIONS
A. Amendments
This Agreement may be amended at any time by mutual agreement of the City and the
City Clerk. Any amendments arc to be negotiated, put in writing, and adopted by the City
Council.
B. Conflict of Interest
(1) The City Clerk shall not engage in any business or transaction or shall
have a financial or other personal interest or association, direct or indirect,
which is in conflict with the proper discharge of official duties or would
tend to impair independence of judgment or action in the performance of
official duties. Personal as distinguished from financial interest includes
an interest arising from blood or marriage relationships or close business,
personal, or political associations. This section shall not serve to prohibit
independent acts or other forms of enterprise during those hours not
covered by active City employment, providing such acts do not constitute
a conflict of interest as defined herein.
(2) The City Clerk shall also be subject to the conflict of interest provisions of
the California Government Code and any conflict of interest code
applicable to the City Clerk's City employment.
(3) The City Clerk is responsible for submitting the appropriate Conflict of
Interest Statements at the time of appointment, annually thereafter, and at
the time of separation from the position.
C. Severability
If any clause, sentence, part, section, or portion of this Agreement is found by a court of
competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section,
or portion so found shall be regarded as though it were not part of this Agreement and the
remaining parts of this Agreement shall be fully binding and enforceable by the Parties
hereto.
D. Jurisdiction and Venue
This Contract shall be construed in accordance with the laws of the State of California,
and the Parties agree that venue shalt be in Los Angeles County, California.
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E. Entire Agreement
This Contract represents the entire agreement of the Parties, and no representations have
been made or relied upon except as set forth herein. This Contract may be amended or
modified only by a written,fully executed agreement of the Parties.
7. EXECUTION
IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and
year first above written.
City City Clerk
CITY OF ROSEMEAD MARK DONOHUE
A municipal Corporation An individual
By: By:
Sandra Armenta, Mayor Mark Donohue
ATTEST:
By:
Ericka Hernandez, Acting City Clerk
APPROVED AS TO FORM:
By:
Rachel H. Richman
City Attorney
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