Loading...
CC - Item 6E - Consideration of Contract for City Manager/Interim City Manager Services' ROSEMEAD CITY COUNCIL # _ STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCI FROM: JEFF STEWART, INTERIM CITY MANAGER DATE: MAY 12, 2009 SUBJECT: CONSIDERATION OF CONTRACT FOR CITY MANAGER/INTERIM CITY MANAGER SERVICES SUMMARY The City Council is scheduled to conduct interviews in closed session with candidates for the position of Interim City Manager on May 9, 2009. The identity of the person selected to serve as Interim City Manager or City Manager, if any, will not be known until after the completion of the interview process. If the City Council selects a candidate, and if the Council is able to agree to terms on an interim employment agreement with a candidate (other than compensation, which must be discussed in open session), the item will be considered formally by the City Council on May 12, 2009. If an Interim City Manager Services Agreement is prepared for consideration on the May 12, 2009 City Council agenda, a copy will be made available to the public at the same time it is available to the City Council. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: JEFF STEWART INTERIM CITY MANAGER APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND JEFFRY B. ALLRED This Employment Agreement (the "Agreement") is made and entered into effective May 12, 2009 by and between the City of Rosemead, California, a municipal corporation (the "City") and Jeffry B. Allred, an individual (the "City Manager"). The City and the City Manager are sometimes individually referred to as a "Party" and collectively as "Parties." L RECITALS (a) The City requires the services of a City Manager. (b) The City Manager has the necessary education, experience, skills and expertise to serve as the City's City Manager. (c) The City Council of the City desires to employ the City Manager to serve as the City Manager of City. (d) The City Council of the City desires to provide certain benefits, establish certain conditions of employment and to set working conditions of City Manager. (e) The City Manager desires to accept at-will employment as City Manager of City. (f) In consideration of these Recitals and the performance by the Parties of the promises, covenants, and conditions herein contained, the Parties agree as provided in this Agreement. 2. EMPLOYMENT The City hereby employs the City Manager as its City Manager, and the City Manager hereby accepts such employment. (a) ' Period of Employment (i) Employee shall, following the assumption of the office of City Manager on June 15, 2009, remain in the exclusive employ of the City for an indefinite term subject to the provisions contained in this Agreement and the Rosemead Municipal Code concerning separation from service. Employee agrees not to accept, nor to become employed by any other employer until said termination date, unless said termination date is effected as hereinafter provided. Page I of I I LA 04830-1917-6963 v1 (b) Medical Exam/Fitness For Duty Prior to assuming the office of City Manager on June 15, 2009, the City Manager shall successfully complete a medical/fitness for duty exam, the cost of which will be paid for by the City. 3. COMPENSATION The City agrees to provide the following compensation to the City Manager during the tern of the Agreement: (a) Compensation (i) Base Salary (1) The annual salary for the position of City Manager shall initially be $175,000.00. (2) The City Manager shall be paid at the same intervals and in the same manner as regular City employees. (3) The City Manager's salary shall be increased commensurate with the percentage increase approved by the City Council for other City Department Heads. (ii) Performance Evaluation The City Council will review and evaluate the performance of the City Manager from time to time. Failure of the City Council to provide a performance evaluation shall not limit the City's ability to terminate this Agreement pursuant to the terms set forth herein. (b) Bonding The City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. (c) Benefits The City Manager shall receive the benefits set forth and attached hereto as Exhibit A, the City of Rosemead Benefits Summary - Executive Management Team Members, which may be modified from time to time at the discretion of the City Council. Page 2 of I I LA #4830-1917-6963 0 (d) Reimbursement The City shall reimburse the City Manager for reasonable and necessary travel, subsistence and other business expenses incurred by the City Manager in the performance of his duties. 4. SEPARATION (a) Resignation/Retirement The City Manager 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 Manager's resignation, unless the Parties otherwise agree in writing. (b) Termination & Removal (i) The City Manager is an at-will employee and serves at the pleasure of the City Council. (ii) Except as is provided in section 4(b)(iii) below, the City Council may remove the City Manager at any time, with or without cause, by a majority vote of its members. Notice of termination shall be provided to the City Manager in writing. Termination as used in this agreement shall also include requests that the City Manager resign, a reduction in salary or other financial benefits of the City Manager (including a general City Management salary reduction), a material reduction in the powers and authority of the City Manager, or the elimination of the City Manager's position. Any such notice of termination or act constituting termination shall be given at or effectuated at a duly noticed regular meeting of the City Council. (iii) In accordance with section 2.08.060 of the City of Rosemead Municipal Code, as may be modified from time to time, the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in the City at which election a member of the City Council is elected; the purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office. (iv) Given the at-will nature of the position of City Manager, an important element of the employment agreement pertains to termination. It is in both the City's interest and that of the City Manager that any separation of the City Manager is done in a businesslike manner. Page 3 of l l LA #4830-1917-6963 vl (c) Severance Pay (i) In the event the City Manager is terminated by the City Council during such time that the City Manager is willing and able to perform the City Manager's duties under this Agreement, then in that event the City agrees to continue to compensate the City Manager at his then current rate of pay, as severance pay, for a total of six months, including all benefits and accrued leaves. (ii) Commencing on June 15, 2010, the City Manager shall accrue an additional one (1) month of severance pay, and an additional one (1) month of severance pay every June 15 thereafter, up to a total of nine (9) months of severance pay. (d) Separation for Cause (i) Notwithstanding the provisions of Section 4(c), the City Manager may be terminated for cause. As used in this section, "cause" shall include but not be limited to the following: theft or attempted theft; dishonesty; willful or persistent material breach of City Manager's duties; repeated and protracted unexcused absences from the City Manager's office; engaging in unlawful discrimination or harassment of employees or any third party while on City premises or time; conviction of a felony; and engaging in conduct tending to bring embarrassment or disrepute to the City. (ii) In the event the City terminates the City Manager for cause, except as set forth in section 4(b)(iii) above, the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination, payments required by Section 4(e) below, and such other termination benefits and payments as may be required by law. In this circumstance, the City Manager shall not be entitled to any severance benefits provided by Section 4(c). (c) Payment for Unused Leave Balance (i) On separation from City employment, the City Manager shall be paid for all unused accrued leave allowances provided in Exhibit A, in accordance with City policy or as required by law. (ii) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate shall be entitled to the City Manager's earned salary and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances provided in Exhibit A, in accordance with City policy or as required by law. Page 4 of I I LA H4830-1917-6963 v1 5.. DUTIES AND RESPONSIBILITIES (a) Duties & Authority (i) The City Manager shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City. (ii) The City Manager shall perform all of the duties of the City Manager as set forth in Section 2.08 of the Rosemead Municipal Code and as may be modified from time to time, the California Government Code, and City policies and procedures approved by the City Council, as may be provided from time to time. (b) ICMA Code of Ethics (i) The Parties acknowledge that the City Manager is a member of the International City Management Association (`ICMA"). The Parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics (Exhibit B). (ii) The City Manager commits to comply with the ICMA Code of Ethics. 6. MISCELLANEOUS PROVISIONS (a) Amendments This Agreement may be amended at any time by mutual agreement of the City and the City Manager. Any amendments are to be negotiated, put in writing, and adopted by the City Council. (b) Conflict of Interest (i) The City Manager 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. (ii) The City Manager 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 Manager's City employment. Page 5 of I I LA #4830-1917-6963 vl (iii) The City Manager is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment, annually thereafter, and at the time of separation from the position. (c) Proprietary Information "Proprietary Information" is all information and any idea pertaining in any manner to the business of City (or any City affiliate), its employees, clients, consultants, or business associates, which was produced by any employee of City in the course of his or her employment or otherwise produced or acquired by or on behalf of City. Proprietary Information shall include, without limitation, trade secrets, product ideas, inventions, processes, formulae, data, know-how, software and other computer programs, copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and customer lists. All Proprietary Information not generally known outside of City's organization, and all Proprietary Information so known only through improper means, shall be deemed "Confidential Information." During his employment by City, City Manager shall use Proprietary Information, and shall disclose Confidential Information, only for the benefit of City and as is or may be necessary to perform his job responsibilities under this Agreement. Following termination, City Manager shall not use any Proprietary Information and shall not disclose any Confidential Information, except with the express written consent of City. City Manager's obligations under this Section shall survive the tennination of his employment and the expiration of this Agreement. (d) Indemnification Subject to, in accordance with, and to the extent provided by the California Tort Claims Act [Government Code Section 810 et seg.], the City will indemnify, defend, and hold the City Manager harmless from and against any action, demand, suit, monetary judgment or other legal or administrative proceeding, and any liability, injury, loss or other damages, arising out of any act or omission occurring during City Manager's tenure as City Manager. (e) Severability If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void 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. (f) Laws Affecting Title In addition to those laws affecting a City Manager, the City Manager shall have the same powers, rights and responsibilities as a Chief Executive Officer, City Administrative Officer, Administrator, and/or City Administrator as those terms are used in local, state or federal laws. Page 6 or I I LA #4830-1917-6963 vl (g) Jurisdiction and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, and the Parties agree that venue shall be proper only in Los Angeles County, State of California. (h) Integration This Agreement is intended to be the final, complete, and exclusive statement of the terns of the City Manager's employment by City. This Agreement supersedes all other prior and contemporaneous agreements and statements, whether written or oral, express or implied, pertaining in any manner to the employment of City Manager, and it may not be contradicted by evidence of any prior or contemporaneous statements or agreements. This Agreement represents the entire agreement of the Parties, and no representations have been made or relied upon except as set forth herein. (i) Notice All notices, requests, demands and other communications under this Agreement shall be in writing and shall be effective upon delivery by hand or three (3) business days after deposit in the United States mail, postage prepaid, certified or registered, and addressed to City at the address below, and or at the last known address maintained in the City Manager's personnel file. City Manager agrees to notify City in writing of any change in his address during his employment with City. Notice of change of address shall be effective only when accomplished in accordance with this Section. (1) If to the City: Rosemead City Hall 8838 East Valley Boulevard Rosemead, CA 91770 ATTN: Mayor & City Council (2) If to the City Manager: Jeffry B. Allred 0) Assignment City Manager shall not assign any rights or obligations under this Agreement. City may, upon prior written notice to City Manager, assign its rights and obligations hereunder. Pagc 7 of 11 LA #4830-1917-6963 v1 (k) Attorney's Fees In any legal action, arbitration, or other proceeding brought to enforce or interpret the terns of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs. (1) Interpretation This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the Party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of the Agreement. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the City Council and City Manager and by no other means. Each Party waives their future right to claim, contest or assert that this Agreement was modified, cancelled, superseded or changed by any oral agreement, course of conduct, waiver or estoppel. (m) Acknowledgment City Manager acknowledges that he has had the opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. (continued on next page) Page 8 of I I LA #4830-1917-6963 vI 7. EXECUTION IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City City Manager CITY OF ROSEMEAD Jeffry B. Allred A Municipal Corporation An Individual By: Margaret Clark Mayor ATTEST: By: Gloria Molleda City Clerk APPROVED AS TO FORM: By: Joseph M. Montes Interim City Attorney Jeffry B. Allred Page 9 of I I LA #4830-1917-6963 vi EXHIBIT A CITY OF ROSEMEAD BENEFITS SUMMARY - EXECUTIVE MANAGEMENT TEAM MEMBERS RETIREMENT- PERS 6% Team member share paid by City 2.7% @ 55 formula > Single highest year calculation PARS Retirement Supplement that can enhance the retirement benefit to 3% @ 55 after 20 years For eligible team members: Team member and spouse retiree medical benefits until Medicare eligible > Sick Leave Credit WELLNESS PROGRAM (FISCAL YEARI The City will reimburse team members up to $500/flscal year towards the cost of engaging in a pre-approved wellness program. TUITION REIMBURSEMENT (FISCAL YEAR) Team members are eilglble for tuition reimbursement of up to $5,000/fiscal year. Classes must be job related and approved by the City Manager's Office. SICK LEAVE > Accruable - 4.62 hour per pay period > 120 hours of sick leave / year (New team members can bring up to 200 hours of sick leave provided that your former employer did not compensate you for those accruals. ) > Team members may begin taking accrued sick leave after 30 days of employment. ADMINISTRATIVE LEAVE > Up to 80 hours per year (Buyback up to 50% when 50% used) VACATION 100 - 160 hours of annual vacation accrual, depending on years of service (with vacation buyback program) Team members may begin taking accrued vacation after six months on the job. Years of Service Hours Per Year 1 100 2- 13 140 14+ 160 HOLIDAYS- (9 Days) New Year's Day Martin Luther King Jr. Presidents Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day FLOATING HOLIDAYS- (2 Days) 2 Hoating Holidays per calendar year WORK-LIFE BALANCE 4/10 work schedule CAR ALLOWANCE $800 per month or city vehicle HEALTH. DENTAL & VISION PLANS > Benefit allowance of $1,600/month > PERS Medical Plans > Ameritas Dental Plan VSP Vision Plan for team member and dependents > Any unused balance can be taken as cash back, applied to a deferred compensation plan or used to pay for other city sponsored plans. LIFE INSURANCE > $100,000 > $25-$1,848/month > 15-day wait period LONG TERM DISABILITY > $100-$8,000/month until age 65 in an injury > 90-day waft period DEFERRED COMPENSATION Income may be deferred through plan with 1CMA. The City will contribute a percentage of team member's salary to a deferred Cnmpensatfon account based on years of service in Rosemead. TEAM MEMBER ASSISTANCE PROGRAM Magellan Health - health & wegrwss assistance CREDIT UNION/BANK F & A Federal Credit Union or Bank of the West COMPUTER LOAN PROGRAM The City will finance a minimum of $500 and a maximum of $2,000 per eligible team member at 0% interest 7125(09 1'agc 10,411 LA #4830-1917-6963 vl EXHIBIT B ICMA Code Of Ethics The ICMA Code of Qhics eras adopted by the ICMA membership in 1924, and mast recently amended by the membership to May 1998. The nessbn or IGMA is W create mEeknoe In total g>.ermnoe by oavefepi g endlodad,g pot ore] fees] gaarrrerkn.wg.,wd wadkAda To hirer its rmala,n, certain etnaples, as eraaam! by are, Riles of p nasrfi q del govern the wMrA of amy member of ICMA who shall'. 1. Be dedeaud W the earmpta of dtodW and d noomIc tonal goveneed by resyaeM awed alfidad and below 11" professional general maraganret Is essertid to he aGie vmre W Une objecthv. 2 AtFml the dgdty and warn of Re servkea nell.'larad b/ po,,gmm,rA and ReWdn a wratrad.,' or a . and veoJest attitude meted fecal gavaraned ears and a deep se. of social reapondbaty w a sleeted PtaoseneM1 1 f1! dedes0ad W flu lfrfeat Ideal6 d roror std ntegdy in lt pume oM pwwM them a ot In orlon at the of the 0111caN of other andconfidence of ls an; employees. is wa'er o8rcbla eN and atd W fine IM public 4 Rawgize dut the dial hno8w of brad gmemma/ W W rmes is to save are befit noees t, of M of me Rape. C tiWnnl pdfey xvawah b steeled Wltials; Reads them wtm ids and ad+lw on orations of poAry na a Make nor Ireland Motors and amtg wmmery game; and upald and mv.mot bMi gwemnsvu poetics soaped by eected offiaiula 7. Rehm from ell polresl ach rem, with udamne'Jwc ooAki In Pa oral admrR9HtaR {tellBllhINll peflKA(gIKY1 nIIN! eseten or Rte .now. or ins snplaying logdatke roof. 8. Make A o day wrtmoly to ueyree Ire rmarbere Pafasdanel abMy and to doml p rte compcmnM of as-1 se, n 9e t. d naragamd hs mngia. 9. Keep 9e wmrurtty racmed an bowl government meta; arcdrage carnnfdrarm earseen to crowns and so IwM government a#eets; smpMw&e hardy art ca 4mus uo vfee to the pWae; and emit W ingfove the golry and Image or Peat service Imesal any avwatrrdert on Pow--stonal nesporaldriiks Mleeirg the member stad0 M bee W MR W official poAdes wataul ' itenfeience, end ru de each Probe.. w1RpW dsorYrlretlm on re bash of prlndple end ludke, It. 14rnrle of melba of personnel on Vie main of morn so true fairness and! Impartau'r, gr e n a mentors dedsae, perfattng m Appoinim,mis, Fey aulAwarft ptarobr4 and dxpnc. 9. Rwo nos get efeced reposomfe as d the peope am entitled m' 0e dedl W the estaMahmet of beat gesernment pdfeq lespo n oady for ptic/ aMCdlon reels with the member, Page 16 W 1s 12 Seek no favor; believe that personae aggrandizement or Pd! seared by oredxtle] Idwmt. d by rrhwe of pbdp drre is drw n Page I I of 1 I LA #4830-1917-6963 vl