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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 * • • 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. Page 1 of 15 I' • • (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 Page 2 of 15 • C (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. Page 3 of 15 i 0 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. Page 4 of 15 0 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 A Municipal Corporation By: ATTEST: John Tran Mayor By: By: Oliver Chi City Manager APPROVED AS TO FORM: By: Bonifacio "Bonny" Garcia City Attorney Page 5 of 15 GLORIA MOLLEDA An Individual Gloria Molleda