HomeMy WebLinkAbout23-Human Resources
ADDITIONAL MOTION REQIDRED AS PART OF
THE APPROVAL OF THE EMPLOYMENT
CONTRACTS:
That the Finance Director be authorized to amend the
budget as necessary to implement the provisions of the
employment contracts.
2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN LARRY PITZER AND THE
CITY OF SAN BERNARDINO
3
4 THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT made and entered
day of
, 2002, by and between the CITY OF SAN
5 into this
6 BERNARDINO, a charter city ("City"), and LARRY PITZER, Fire Chief ("Pitzer"),
7 WIT N E SSE T H:
8 WHEREAS, City previously entered into an Employment Agreement on February 17,
9 1997 for the services of a Fire Chief, and
10 WHEREAS, Pitzer asserts that he remains competent, trained and qualified to continue in
I I the position of Fire Chief, and
12 WHEREAS, Section II of the aforesaid Employment Agreement allows such agreement
13 to be amended by written agreement executed by the parties, and
14 WHEREAS, the aforesaid Employment Agreement has been previously amended on
IS September 7, 1999, and
16 WHEREAS, Section 9 ofthe Amendment allows such agreement to be amended by VlTitten
17 agreement executed by the parties, and
18 WHEREAS, the parties desire to enter into this Second Amendment to Employment
19 Agreement,
20 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
21
1.
AMENDMENT TO EMPLOYMENT AGREEMENT. This Second Amendment
22 to Employment Agreement amends only those terms contained herein; such terms not covered by
23 this document remain in full force and effect as set forth in said Employment Agreement of
24 February 17, 1997 and said 1999 Amendment.
25
2.
TERM. The term of this Employment Agreement is hereby extended from
26 September 30, 2002, and said Employment Agreement now terminates ninety (90) days after the
27 current term of the current Mayor expires.
JFP/ed [Pitzer.2am]
1
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02
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2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN LARRY PITZER AND THE
CITY OF SAN BERNARDINO
3
4
3.
TERMINATION. Under the terms of this appointment, Pitzer serves as an "at
5 will" employee and may be terminated at any time, with or without cause, and Pitzer may resign
6 at any time. Nothing in this Agreement shall be construed as creating any vested right in such
7 appointment or in employment with the City. If during the term of this Agreement Pitzer is
8 terminated without cause, he shall be entitled to severance pay equal to six (6) months of his then
9 current salary, or such number of months as necessary to complete the term of this Agreement,
10 whichever is less. If the subject Agreement is not renewed upon its new expiration date, Pitzer
11 shall not be entitled to any severance pay. If Pitzer resigns or is terminated for cause, there shall
12 be no right for any such severance pay. As used in this Agreement "cause" is a lack of skill,
13 competence, diligence, or loyalty in the performance of his duties, determined after notice and a
14 right to a hearing. "Cause" shall also include the conviction of a felony or a crime of moral
15 turpitude, or Pitzer no longer holding the qualifications for the position of Fire Chief.
16 "Loyalty" for purposes ofthis section, is defined as: the duty of the Fire Chief to avoid
17 fraud, bad faith, usurpation of city government opportunities, and self-dealing.
18
4.
MANAGEMENT BENEFITS. Pitzer shall also be entitled to health, dental, vision,
19 insurance, leave, and all other benefits which are received by other fire safety officer management
20 employees in the City; however, in view of the demands of the position of Fire Chief, Pitzer's
21 vacation accrual cap is hereby increased to four hundred (400) hours.
22
5.
ENTIRE AGREEMENT. This Second Amendment to Employment Agreement
23 contains all of the terms to be so amended. Any correspondence, letters, documents or discussions
24 leading up to this Second Amendment to Employment Agreement which deal with the terms
25 contained herein are superseded by this Second Amendment to Employment Agreement.
26
6.
SEVERABILITY. If any part or provision of this Second Amendment to
27 Employment Agreement is in conflict or inconsistent with applicable provisions of federal, state, or
28 city statutes, or it is otherwise held to be invalid ot unenforceable by any court of competent
JFPled [Pitzer.2am]
2
July 18,2002
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2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN LARRY PITZER AND THE
CITY OF SAN BERNARDINO
3
4 jurisdiction. such part or provision shall be suspended and superseded by such applicable law or
5 regulations. and the remainder of this Second Amendment shall not be affected thereby.
6
7.
AMENDMENT. This Second Amendment to Employment Agreement may only be
7 amended by a written agreement executed by the parties, and may not be amended by oral
8 agreement.
9 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
10 Employment Agreement on the day and date first shown.
11
12
CITY OF SAN BERNARDINO
13
14
By:
Judith Valles, Mayor
'I I
~.
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2
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN GLENN D. BAUDE AND THE
CITY OF SAN BERNARDINO
3
4 THIS THIRD AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered into
5 this
day of
. 2002 by and between the CITY OF SAN BERNARDINO, a
6 charter city ("City"), and GLENN D. BAUDE, an individual ("Baude").
7 WITNESSETH
8 WHEREAS, City has previously entered into an Employment Agreement on May II, 1998,
9 for the services of a Code Compliance Director, and
10 WHEREAS, Baude asserts that he remains competent, trained and qualified for the position
II of Code Compliance Director, and
12 WHEREAS, Section II of the aforesaid Employment Agreement allows such agreement
13 to be amended by written agreement executed by the parties, and
14 WHEREAS, the aforesaid Employment Agreement has been previously amended on two
15 occasions, and
16 WHEREAS, said Amendments allow such agreements to be amended by 1NTitten agreement
17 executed by the parties, and
18 WHEREAS, the parties desire to enter into this Third Amendment to Employment
19 Agreement,
20 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
21 I. AMENDMENT TO EMPLOYMENT AGREEMENT. This Third Amendment to
22 Employment Agreement amends only those terms contained herein; such terms not covered by this
23 document remain in full force and effect as set forth in said Employment Agreement of May II,
24 1998 and the First and Second Amendments thereto.
25
2.
TERM. The term of this Employment Agreement is extended from September 30,
26 2002, and said Employment Agreement now terminates ninety (90) days after the current term of
27 the current Mayor expires.
28 / / /
SDE/ed[3amenagr.bau]
July 23, 2001
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2
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN GLENN D. BAUDE AND THE
CITY OF SAN BERNARDINO
,
J
4
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J,
COMPENSATION, Effective upon the date indicated at the top of this document,
5 Baude shall be compensated for his services as Code Compliance Director as provided in Resolution
6 No, 6413. Section 14. Range 4574, Step 13, which is $8,742 per month, Said compensation
7 adjustment shall not alter the timetable whereby future salary increases are timed to Baude's current
8 employment anniversary date, which shall remain the same, Baude shall also be entitled to any
9 future salary increases that the Management/Confidential Bargaining Unit is awarded,
10
4,
TERMINATION, Under the terms of this appointment, Baude serves as an "at will"
II employee and may be terminated at any time, with or without cause, Nothing in this Agreement
12 shall be construed as creating any vested right in such appointment or in employment with the City,
13 If during the term of this Agreement Baude is terminated without cause, he shall be entitled to
14 severance pay equal to six (6) months of his then current salary, or such number of months as
15 necessary to complete the term of this Agreement, whichever is less, If the subject Agreement is not
16 renewed upon its new expiration date, Baude shall not be entitled to any severance pay, If Baude
17 resigns or is terminated for cause, there shall be no right to any such severance pay, As used in this
18 Agreement "cause" is a lack of skill, competence, diligence, or loyalty in the performance of his
19 duties, determined after notice and a right to a hearing, "Cause" shall also include the conviction
20 of a felony or a crime of moral turpitude, or Baude no longer holding the qualifications for the
21 position of Code Compliance Director.
22 "Loyalty" for purposes of this section, is defined as: the duty of the Director of Code
23 Compliance to avoid fraud, bad faith, usurpation of city government opportunities, and self-dealing,
24
5
ENTIRE AGREEMENT, This Third Amendment to Employment Agreement
25 contains all of the terms to be so amended, Any correspondence, letters, documents or discussions
26 leading up to this Third Amendment to Employment Agreement which deal with the terms contained
27 herein are superseded by this Third Amendment to Employment Agreement.
28 / / /
SDE/ed[3am~nag.r.bau]
2
July 23, 2002
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2
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN GLENN D. BAUDE AND THE
CITY OF SAN BERNARDINO
,
J
4
6.
SEVERABILITY. Ifany part or provision of this Third Amendment to Employment
5 Agreement is in conflict or inconsistent with applicable provisions of federal, state, or city statutes,
6 or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such
7 part or provision shall be suspended and superseded by such applicable law or regulations, and the
8 remainder of this Third Amendment shall not be affected thereby.
9
7
AMENDMENT. This Third Amendment to Employment Agreement may only be
10 amended by a written agreement executed by the parties, and may not be amended by oral
II agreement.
12 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
13 Employment Agreement on the day and date first shown.
14
15 ATTEST:
16
By:
17 Rachel Clark. City Clerk
18
19
20
21
22 Approved as to Form
?' and Legal Content:
_J
JAMES F. PENMAN
24 City Attorney
25
By:
26
27
28
SDE/ed{3amenagr.bau] 3
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
Glenn D. Baude
July 23. 2002
I '
2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN FRED WILSON AND THE
CITY OF SAN BERNARDINO .
o
J
4 THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT is made and entered
5 into this
day of
, 2002 by and between the CITY OF SAN BERNARDINO,
6 a charter city ("City"), and FRED WILSON, City Administrator ("Wilson").
7 WITNESSETH
8 WHEREAS, City has previously entered into an Employment Agreement on April 20, 1998
9 for the services of a City Administrator, and
10 WHEREAS, Wilson asserts that he remains competent, trained and qualified for the position
II of City Administrator, and
12 WHEREAS, Section 10 of the aforesaid Employment Agreement allows such agreement
13 to be amended by written agreement executed by the parties, and
14 WHEREAS, the aforesaid Employment Agreement has been previously amended on
15 September 7, 1999, and
16 WHEREAS, Section 8 of said Amendment allows such agreement to be amended by written
17 agreement executed by the parties, and
18 WHEREAS, the parties desire to enter into this Second Amendment to Employment
19 Agreement,
20 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
21
I.
AMENDMENT TO EMPLOYMENT AGREEMENT. This Second Amendment to
22 Employment Agreement amends only those terms contained herein; such terms not covered by this
23 document remain in full force and effect as set forth in said Employment Agreement of April 20,
24 1998 and said 1999 Amendment.
25
2.
TERM. The term of this Employment Agreement is extended from September 30,
26 2002, and said Employment Agreement now terminates ninety (90) days after the current term of
27 the current Mayor expires.
28 / / /
HTC/ed[ wilsonagr.2am]
July 18,2002
2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN FRED WILSON AND THE
CITY OF SAN BERNARDINO
,
J
4
3.
COMPENSATION. Effective on the date this Second Amendment to Employment
5 Agreement is executed by the parties, Wilson shall receive a seven percent (7%) increase in his
6 current salary, with his new salary now being $12,950 per month, and the monthly salary range set
7 forth in said 1999 Amendment shall be of no further force and effect. Said seven percent (7%)
8 increase shall not alter the timetable whereby future salary increases are timed to Wilson's
9 employment anniversary date of January I of each year. On January I of each year, the Mayor shall
10 evaluate the City Administrator's performance and, at the Mayor's discretion, award a merit increase
II up to five percent (5%) annually.
12
4.
TERMINATION. Under the terms of this appointment, Wilson serves as an "at will"
13 employee and may be tem1inated at any time, with or without cause, and Wilson may resign at any
14 time. Nothing in this Agreement shall be construed as creating any vested right in such appointment
15 or in employment with the City. If during the term of this Agreement Wilson is terminated without
16 canse, he shall be entitled to severance pay equal to six (6) months of his then current salary, or such
17 number of months as necessary to complete the term of this Agreement, whichever is less. If the
18 subject Agreement is not renewed upon its new expiration date, Wilson shall not be entitled to any
19 severance pay. If Wilson resigns or is terminated for cause, there shall be no right to any such
20 severance pay. As used in this Agreement "cause" is a lack of skill, competence, diligence, or
21 loyalty in the performance of his duties, determined after notice and a right to a hearing. "Cause"
22 shall also include the conviction of a felony or a crime of moral turpitude, or Wilson no longer
23 holding the qualifications for the position of City Administrator.
24 "Loyalty" for purposes of this section, is defined as: the duty ofthe City Administrator to
25 avoid fraud, bad faith, usurpation of city govemment opportunities, and self-dealing.
26 III
27 III
28 III
HTC/cd[ wilsonagr.2am]
2
July 18.2002
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2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN FRED WILSON AND THE
CITY OF SAN BERNARDINO
3
4
5.
MANAGEMENT BENEFITS. Wilson shall also be entitled to health, dental, vision,
5 insurance, leave. and all other benefits which are received by other management employees in the
6 City. Vacation time accrual cap shall be four-hundred (400) hours. On or before August 15 of each
7 year, Wilson will notify the Finance Director of the number of vacation hours (not to exceed 40
8 hours in a calendar year) that he wishes to sell back to the City and receive payment for such in the
9 month of September. Effective August 1, 2002, Wilson shall receive a four-hundred dollar ($400)
lOpeI' month contribution from the City to the 457 Deferred Compensation Program administered by
II the City. On January I of each year, the monthly payment contributed by the City shall be increased
12 by one-hundred dollars ($100).
13
6.
ENTIRE AGREEMENT. This Second Amendment to Employment Agreement
14 contains all of the ten11S to be so amended. Any correspondence, letters, documents or discussions
15 leading up to this Second Amendment to Employment Agreement which deal with the terms
16 contained herein are superseded by this Second Amendment to Employment Agreement.
17
7.
SEVERABILITY. If any part or provision of this Second Amendment to
18 Employment Agreement is in conflict or inconsistent with applicable provisions offederal, state, or
19 city statutes, or it is otherwise held to be invalid or unenforceable by any court of competent
20 jurisdiction, such part or provision shall be suspended and superseded by such applicable law or
21 regulations, and the remainder of this Second Amendment shall not be affected thereby.
22
8.
AMENDMENT. This Second Amendment to Employment Agreement may only be
23 amended by a written agreement executed by the parties, and may not be amended by oral
24 agreement.
25 III
26 III
27 I I I
28 I I I
l-lTC/ed[ wilsonagr.2am]
3
July 18,2002
2
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN FRED WILSON AND THE
CITY OF SAN BERNARDINO
3
4 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
5 Employment Agreement on the day and date first shown.
6
7 ATTEST:
8
By:
9 Rachel Clark, City Clerk
10
II
12
13
14 Approved as to Form
and Legal Content:
15
JAMES F. PENMAN
16 City Attorney
17
By:
18
19
20
21
22
23
24
25
26
27
28
HTC/ed[wilsonagr.2am] 4
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
Fred Wilson
July 18,2002
.
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
GARY VAN OS DEL AND THE COMMUNITY DEVELOPMENT
2 COMMISSION OF THE CITY OF SAN BERNARDINO
3
4 THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT made and entered into
5 this _day of
, 2002, by and between the Community Development Commission of
6 the City of San Bernardino ("Commission"), and Gary Van Osdel ("Van Osdel"), presently serving
7 as the Executive Director of the Economic Development Agency ("EDA"), collectively known as
8 the Parties.
9 WITNESSETH
10 WHEREAS, Commission has previously entered into an Employment Agreement on
II August 3, 1998. as amended on August 8, 2000, pursuant to a First Amendment to the Employment
12 Agreement, for the services of an Executive Director to the EDA; and
13 WHEREAS, Van Osdel asserts that he remains competent, trained and qualified for the
14 position of Executive Director; and
IS WHEREAS, Section 9 of the aforesaid Employment Agreement allows such agreement to
16 be amended by the written agreement executed by the Parties, and
17 WHEREAS,the First Amendment to Employment Agreement also allows such agreement
18 to be amended by the written agreement executed by the Parties.
19 NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
20
1.
AMENDMENT TO EMPLOYMENT AGREEMENT. This Second Amendment to
21 Employment Agreement amends only Sections 2, 3 and 4 of the aforesaid Employment Agreement,
22 as previously amended by the First Amendment thereto; the terms not covered by this document
23 remain in full force and effect as set forth in said Employment Agreement of August 3, 1998, as
24 amended on August 8, 2000. Said Sections 2, 3 and 4 shall now read in their entirety as follows:
25
"2.
TERM. The term of this Employment Agreement is extended from
26 August 10,2002, and said Employment Agreement now terminates ninety (90) days after the current
27 term of the current Mayor expires."
28 / / /
JFP/ed [vo.amd]
1
July 23, 2002
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SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
GARY VAN OSDEL AND THE COMMUNITY DEVELOPMENT
2 COMMISSION OF THE CITY OF SAN BERNARDINO
3
4
..",
J.
COMPENSATION. From the date of this Second Amendment to the
5 Employment Agreement, and for the remainder of the then current fiscal year of the EDA, Van
6 Osdel shall receive an increase in his current monthly salary to an amount equivalent to Step E of
7 the adopted salary range for the position of Executive Director (presently $10,356 per month).
8 Commencing July 1,2003, the adopted salary range for the position of Executive Director shall no
9 longer apply to that position and on July I of that year and each subsequent year covered by this
10 Second Amendment to the Employment Agreement, the Chairperson of the Community
II Development Commission shall evaluate the Executive Director's performance and. at the
12 Chairperson's discretion, award a merit increase up to five percent (5%) for that fiscal year. As of
13 the effective date of this Second Amendment to the Employment Agreement the automobile
14 allowance payable to the Van Osdel shall be increased to $450.00 per month and prorated for any
IS portion of a whole calendar month."
16
"4.
TERMINATION. Under the terms of this appointment, Van Osdel serves as
17 an "at will" employee and may be terminated at any time, with or without cause, and Van Osdel may
18 resign at any time. Nothing in this Agreement shall be construed as creating any vested right in such
19 appointment or in employment with the Economic Development Agency. If during the term of this
20 Agreement Van Osdel is terminated without cause, he shall be entitled to severance pay equal to six
21 (6) months of his then current salary, or such number of months as necessary to complete the term
22 of this Agreement, whichever is less. If the subject Agreement is not renewed upon its new
23 expiration date, Van Osdel shall not be entitled to any severance pay. If Van Osdel resigns or is
24 terminated for cause, there shall be no right to any such severance pay. As used in this Agreement
25 "cause" is a lack of skill, competence, diligence or loyalty in the performance of his duties.
26 determined after notice and a right to a hearing. "Cause" shall also include the conviction of a felony
27 or a crime of moral turpitude, or Van Osdel no longer holding the qualifications for the position of
28 Executive Director."
JFP/ed [vo.amd]
2
July 23, 2002
I '
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
GARY VAN OSDEL AND THE COMMUNITY DEVELOPMENT
2 COMMISSION OF THE CITY OF SAN BERNARDINO
3
4
2.
ENTIRE AGREEMENT. This Second Amendment to Employment Agreement
5 contains all of the telms to be so amended. Any correspondence, letters, documents or discussions
6 leading up to this Second Amendment to Employment Agreement which deal with the terms
7 contained herein are superseded by this Second Amendment to Employment Agreement.
8
,
J.
SEVERABILITY. If any part or provision of this Second Amendment to
9 Employment Agreement is in conflict or inconsistent with applicable provisions of federal, state or
10 city statutes. or it is otherwise held to be invalid or unenforceable by any court of competent
11 jurisdiction. sllch part or provision shall be suspended and superseded by sllch applicable law or
12 regulations, and the remainder of this Second Amendment shall not be affected thereby.
13
4.
AMENDMENT. This Second Amendment to Employment Agreement may only be
14 amended by a written agreement executed by the parties, and may not be amended by oral
15 agreement.
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JFP/ed [vo.amd] 3 July 23. 2002
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SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
GARY VAN OSDEL AND THE COMMUNITY DEVELOPMENT
2 COMMISSION OF THE CITY OF SAN BERNARDINO
3
4 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the
5 Employment Agreement on the day and date first above shown.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY
OF SAN BERNARDINO
Bv:
. Judith Valles, Chairperson
GAR Y VAN OSDEL
By:
July 23, 2002
~ I
DISCUSSION POINTS FOR CODE COMPLIANCE DIRECTOR CONTRACT
RENEWAL
. TERM
qo OPtJ
Current contract expires 9/30/02. Proposed extension to 9/30/06 - (6 mos. beyond
Mayor's term expires)
. COMPENSA nON
Effective U 0 reement is approved, Code Compliance Director will receive a
ra Justment in mon salary from Range 4562 ($7,332 - $8,900) to Range
570 ($7,620 to $9,262) ,biz. ~ (rIb1vO
r
r'
CITY OF SAN BERNARDINO _
CITY ADMINISTRATOR'S OFFICE
INTEROFFICE MEMORANDUM
TO: Huston Carlyle, Jr., Sf. Asst. City Attorney
FROM: Fred Wilson, City Administrator
SUBJECT: Director of Code Compliance Contract Renewal
DATE: July 9, 2002
COPIES:
I would like to clarify the amendment to the proposed contract for the Director of Code
Compliance, Glenn Baude. The initial intent of the amendment was to achieve parity
with the salary range of the Human Resources Director which was Range 4570.
As of July 1, 2002, all management employees received a cost of living adjustment of 2%
resulting in the new range of the Human Resources Director being Range 4574.
Accordingly, the new range for the Code Compliance Director as reflected in the
proposed contract amendment should be 4574.
~.
FRE WIL ON
City Administrator
CONCUR:
/ tLL~
VALLES
CITY OF SAN BERNARDINO
CITY ADMINISTRATOR'S OFFICE
INTEROFFICE MEMORANDUM
TO: James F. Penman, City Attorney
FROM: Fred Wilson, City Administrator
SUBJECT: Amended Language to Proposed Contracts for Glenn Baude; Larry Pitzer
& Fred Wilson
DATE: July 12, 2002
COPIES:
Please incorporate the additional language to the proposed contract for Glenn Baude,
Code Compliance Director, for purposes of clarification for the Finance Department to
accurately determine any future salary adjustments that may be awarded to the
Management/Confidential Bargaining Unit employees:
Section 3. COMPENSATION. At the end of the last sentence in that paragraph,
following... "which shall remain the same." Please add: Baude shall also be
entitled to any future salary increases that the Management/Confidential
Bargaining Unit is awarded.
In addition, the language in the TERMINATION clause of all three original contracts
which specifies the total years of service for each employee, should be amended to
coincide with the new terms of each agreement.
JP/--Y~
FRED WILSON
City Administrator
FAW/md