CC - Item 6A - Approval of Second Amendment to City Clerk Employment AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER J, N` .
DATE: MAY 12, 2020
SUBJECT: APPROVAL OF SECOND AMENDMENT TO CITY CLERK
EMPLOYMENT AGREEMENT
SUMMARY
The City and the City Clerk entered into an Employment Agreement ("Agreement") on April 10,
2018. Section 3 of the Agreement permits the City Council to conduct performance evaluations
and grant increases in salary. Pursuant to Section 3 (A)(2) of the Agreement, the City Council
conducted the City Clerk's performance evaluation. The City Clerk received a "substantially
exceeds expectations" review with a 5 rating. A substantially exceeds expectations review
entitles the City Clerk to a 5% salary increase. A 5% increase would bring the City Clerk's total
annual salary to $108,522.92. In addition, the amendment would change the current severance of
6 -month pay and benefits to 9 -months pay and benefits in the event of a not for cause
termination by the City Council.
STAFF RECOMMENDATION
That the City Council take the following actions:
1. Consider approving the Second Amendment to the City Clerk Employment Agreement
granting a 5% salary merit increase for a "substantially exceeds expectations"
performance evaluation; and
2. Consider approving an amendment that would change the current severance of 6 -months
pay and benefits to 9 -months pay and benefits.
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Attachment:
a. Amendment to City Clerk Employee Agreement
AGENDA ITEM 6.A
Attachment A
Second Amendment to the City Clerk
Employment Agreement
SECOND AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ
AMENDMENT NO. 1
This Second Amendment (the "Second Amendment") is made and entered into effective May 12,
2020, by and between the City of Rosemead, California, a municipal corporation (the "City")
and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are
sometimes individually referred to as a "Parry" and collectively as "Parties."
RECITALS
A. The Parties entered into an Employment Agreement (the "Agreement") on April 10,
2018.
B. On April 28, 2020, the City Council approved an adjustment to employee benefits for the
City Clerk, which resulted in a 5% increase to the City Clerk's salary.
C. Section 3 of the Agreement permits the City Council to conduct performance evaluations
and grant increases in salary.
D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City
Clerk's performance evaluation. The City Clerk received a "substantially exceeds
expectation" review with a 5 rating.
E. The City Council also desires change the current severance of 6 -month pay and benefits
to 9 -months pay and benefits.
F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's
annual salary and change in severance.
OPERATIVE PROVISIONS
1. AMENDMENTS
Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows:
The annual salary for the position of City Clerk shall be a total of $108,522.92.
Section D (1) of the Agreement is hereby amended to read as follows:
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 severance payment equivalent to
nine (9) months of compensation in effect as provided herein.
2. REMAINDER UNCHANGED
Except as specifically modified and amended in this Second Amendment, the Agreement
remains in full force and effect and binding upon the parties.
3. INTEGRATION
This Second Amendment constitutes the entire understanding and agreement of the
parties and supersedes all negotiations or previous agreements between the parties with
respect to all or any part of the transaction discussed in this Second Amendment.
4. EFFECTIVE DATE
This Second Amendment shall not become effective until the date it has been formally
approved by the City Council and executed by the Parties.
5. APPLICABLE LAW
The laws of the State of California shall govern the interpretation and enforcement of this
Second Amendment.
6. REFERENCES
All references to the Agreement include all their respective terms and provisions. All
defined terms utilized in this Second Amendment have the same meaning as provided in
the Agreement, unless expressly stated to the contrary in this Second Amendment.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
first indicated above.
City City Clerk
CITY OF ROSEMEAD Ericka Hernandez
A Municipal Corporation An Individual
By:
Sandra Armenta
Mayor
ATTEST:
By:
Gloria Molleda
City Manager
Ericka Hernandez
City Clerk
APPROVED AS TO FORM:
Rachel H. Richman
City Attorney