CC - Item 1 - City Clerk Contract ApprovalROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER 1gA;0lQ-QAL0
DATE: JANUARY 8, 2008
SUBJECT: CITY CLERK CONTRACT APPROVAL
SUMMARY
At the December 18, 2007 City Council meeting, Gloria Molleda was appointed as the
new Rosemead City Clerk. After the selection was made, staff was directed to
negotiate a contract with Ms. Molleda within terms specified by the City Council. A
contract has been prepared in consultation with Ms. Molleda within those specified
terms (Attachment A) and is being presented tonight for City Council approval.
Staff Recommendation
Staff recommends that the City Council approve the City Clerk Employment Agreement
(Attachment A).
Attachment A - City Clerk Employment Agreement
APPROVED FOR CITY COUNCIL AGENDA: 10 *
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CITY CLERK
EMPLOYMENT AGREEMENT
between the
City of Rosemead
and
Gloria Molleda
dated
January 8, 2008
CITY CLERK
EMPLOYMENT AGREEMENT
between the
City of Rosemead
and
Gloria Molleda
1. PARTIES AND DATE
This Agreement is entered into as of January 8, 2008 by and between the City of
Rosemead, California, a municipal corporation (the "City"), and Gloria Molleda, 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 January 8,
2008, and remain in the exclusive employ 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
(1) Base Salary
(a) The annual salary for the position of City Clerk shall initially
be $80,000.
(b) The City Clerk shall be paid at the same intervals and in the
same manner as regular City employees.
(2) Performance Evaluation
(i) The City Council shall conduct an initial evaluation of
the City Clerk's performance sometime between May
and mid-June of 2008. Thereafter, the City Council
will have the option of evaluating the City Clerk on an
annual basis.
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(ii) 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
(1) 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 Management classification of City employees.
4. SECURITY
A. Insurance
(1) 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 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
(1) 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 are 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.
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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 shall be in Los Angeles
County, California.
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.
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7. EXECUTION
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IN WITNESS WHEREOF the Parties have executed this Agreement as of the day
and year first above written.
City City Clerk
CITY OF ROSEMEAD
A Municipal Corporation
By:
ATTEST:
John Tran
Mayor
By:
By:
Oliver Chi
City Manager
APPROVED AS TO FORM:
By:
Bonifacio "Bonny" Garcia
City Attorney
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GLORIA MOLLEDA
An Individual
Gloria Molleda