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HomeMy WebLinkAbout18-Council Office CIT'. OF SAN BERNARDIh...>> - REQUI!....t FOR COUNCIL AC1.QN From: Councilman Jack Reilly Su~Kt: Approval of Employment Contract for the position of City Administrator Dept: Council Office Da~: October 31, 1988 Synopsis of Previous Council action: At the meeting of the Council Personnel Committee held October 27, 1988, the Committee unanimously recommended approval of an employ- ment agreement for the position of City Administrator. Recommended motion: Adopt resolution. Contact person: Councilman Reilly Phone: 5222 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: 75-0262 Agenda I tern No. It . CIT'. OF SAN BERNARDI~~ - REQUE~l FOR COUNCIL ACT."N STAFF REPORT As noted in the Personnel Committee Minutes, the Personnel Committee unanimously recommended approval of an agreement for the City Administrator. This report is to provide some additional background leading to that decision. Councilman Minor indicated he had discussed with Mr. Robbins a change in the proposed agreement providing for a four-month severance provision. Mr. Robbins indicated he was in agree- ment with the change. Both Council Member Pope-Ludlam and I felt this represented our thinking with regard to severance. The question of reconsideration was raised. Council Members were of the impression that five votes were necessary for an item to be reconsidered. Council Member Minor indicated that he felt this was a new agreement, hence a new item. The City Attorney indicated a verbal decision could be provided later in the day. The Committee then unanimously recommended that the item relative to an agreement for the position of City Administra- tor be brought before the Common Council at their meeting of November 7, 1988. The Committee also unanimously recommended approval of the agreement as noted in the Personnel Committee Minutes of October 27, 1988. 75-0264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECU- TION OF AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY ADMINISTRATOR. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City an employment agreement for the position of City Administrator, which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1988, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk September 13, 1988 1 RESOLUTION AUTHOF ING EXECUTIO~ F AN EMPLOYMENT AGREEMENT JR THE POSITION OF CITY ADMINISTRATOR 1 The foregoing resolution is hereby approved this day 2 of , 1988. 3 4 Evlyn Wilcox, Mayor 5 City of San Bernardino 6 Approved as to form and legal content: 7 8 9 City Attorney 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 September 13, 1988 2 10/27/88 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this ____ day of , 1988, by and between the CITY OF SAN BERNARDINO, State of California, a municipal corporation, hereinafter called "Employer" as party of the first part, and James E. RObbins, hereinafter called "Employee" as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said James E. Robbins as City Administrator of the City of San Bernardino as provided by the Charter of the City of San Bernardino, Article 3, section 40, and Article 4, Section 52; and WHEREAS, it is the desire of the Mayor and Common Council, hereinafter called "Council", to provide certain benefits, establish certain conditions of emplOYment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such emplOYment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee, and (4) to provide a just means for terminating Employee's services at such time as he may be unable fully to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to accept e~ploYment as City Administrator of the City of San Bernardino. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. Duties Employer hereby agrees to employ said James E. Robbins as City Administrator of said Employer to perform the func- tions and duties specified in the San Bernardino Municipal Code, and in future amendments thereto, and to perform other legally permissible and proper duties and functions as the Mayor shall from time to time assign. SECTION 2. Term A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, paragraphs A and B, of this agreement. -- B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the employee to resign at any time from his position with Employer, subject only to the provision set forth in section 4, paragraph C, of this agreement. C. Employee agrees to remain in the exclusive employ of Employer until October 30, 1991, and neither to accept other emploYment nor to become employed by any other employer until said termination date, unless said termination date is effected as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, or consulting service performed on employee's time off. D. In the event written notice of intent not to renew is not given by either party to this agreement of the other, ninety (90) days prior to the termination date as hereinbelow provided, this agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of three (3) years. When ninety (90) days' notice is given, as set forth herein, Employer agrees to pay Employee a lump sum cash paYment equal to four (4) monthly cash paYments at Step "C" of Employee's salary range. If Employee secures other emploYment prior to the end of the four (4) months, then this benefit will cease to be paid "and will not apply to the final term. Said agreement shall continue thereafter for a maximum of three, three-year periods unless either party hereto gives ninety (90) days' written notice to the other party that the party does not wish to extend this agreement for an additional three-year period. SECTION 3. Suspension Mayor may suspend the employee for cause as provided in section 52 of the Charter of the City of San Bernardino, with or without full pay and benefits, at the Mayor's discretion, at any time during the term of this agreement, not to exceed four (4) months unless criminal proceedings have been initia- ted, and in such case suspension may continue until the criminal proceedings are resolved. Each suspension must be based on new and different information. In the event employee is suspended without pay and is subsequently exonerated, employee shall receive full back pay and benefits for the duration of the suspension, in addition to attorneys fees and costs. SECTION 4. Termination and Severance Pay A. In the event Employee is terminated for any reason including termination pursuant to Charter Section 256, for the good of the service, by the Employer before expiration of the aforesaid term of employment and during such time that Employee is willing and able to perform his duties under this agreement, then in that event Employer agrees to pay Employee a monthly cash payment equal to the "B" Step of Employee's salary range for a period of time up to four (4) months. In -2- year two (2), the amount. _0 be paid wou. ~ be step "c" and in year three (3) and subsequent years step "0". If Employee secures other employment prior to the end of the four (4) months, then this benefit will cease to be paid. The Public Employees Retirement System contributions shall be made concurrently with the monthly payment to Employee. In the event Employee is terminated for cause, as provided in section 52 of the Charter of the City of San Bernardino, then, in such event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. However, if the basis of the termination for cause is disability or other reasons expressly stated in section 5 of this agreement, then all section 5 terms shall supersede this section. B. It is recognized that Employer may, as part of an across-the-board reduction for all management employees, reduce Employee's salary or other financial benefits by a proportionate amount equal to that of other management employees and that Employee's duties may be reduced but any pay reduction shall be commensurate with the degree of reduction in duties. However, in the event Employer reduces Employee's salary or other financial benefits for other reasons or Employer, refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a formal majority vote of no confidence, by the Council, then, in such event, Employee may, at Employee's option, be deemed to be "terminated" at the date of such reduction or such refusal or such formal vote thereby enact- ing the severance pay provision. There shall be no reduction in duties or salary for punitive reasons. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, the Employee shall give Employer two (2) months' notice in advance, unless the parties otherwise agree. SECTION 5. Disabilitv If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, Employer shall have the option to terminate this agreement. Said termination in such event shall be for cause, however, in said event, Employee shall be compensated for any accrued sick leave, vacation, holidays, compensatory time and other accrued benefits and shall be paid monthly disability pay- ments consistent with the existing long-term disability program for management employees. SECTION 6. Salary Employer agrees to pay Employee for his services ren- -3- dered pursuant to Resolu~_on No. 6413 o~ the Mayor and Common 'council wherein the current range is 4199, with the steps being from $5,921 through $7,223 per month, payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts consistent with increase given to the average of management and all other bargaining units. SECTION 7. Performance Evaluation A. The Mayor shall review and evaluate the performance of the employee at least once annually or, within thirty (30) days of the anniversary date of the appointment. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Mayor may from time to time determine, in consultation with the Employee. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the Mayor and provide an ade- quate opportunity for the Employee to discuss his evaluation with the Mayor. B. Annually, the Mayor and Employee shall define such goals and performance objectives which they determine neces- sary for the proper operation of the City and in the attain- ment of the City's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. SECTION 8. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer and to that the Employee will be allowed to take administrative time off (maximum of 40 hours) per fiscal year as Mayor shall deem appropriate during said normal office hours. SECTION 9. Outside Activities Employee shall not spend more than 10 hours per week in teaching, counseling or other non-Employer connected business without the prior approval of the Mayor. SECTION 10. Automobile Employee's duties require that he shall have the use of an automobile for City-related business, provided to him by the Employer. Employer shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. -4- SECTION 11. Vacation anu sick Leave A. Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other management employees of employer. SECTION 12. Disabilitv. Health and Life Insurance A. Employer agrees to put into force and to .make required premium payment for Employee for insurance policies for life, accident, sickness, disability income benefits, major medical and dependent's coverage group insurance covering Employee and his dependents. B. Employer agrees to purchase and to pay the required premiums on term life insurance policies equal to that which is provided all other management employees of Employer. C. Employer agrees to provide hospitalization, surgical dental, vision and comprehensive medical insurance for Employee and his dependents and to pay the premiums thereon equal to that which is provided all other management employee of Employer. D. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. SECTION 13. Dues and Subscriotions Employer agrees to budget and to pay for the profes- sional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. SECTION 14. Professional Develooment A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel meetings and occasions adequate to continue the professional development of Employee and to adequately pursue neces~ary official and other functions for Employer, including, but not limited to, the Annual Confer- ence of the International City Management Association (once every three years), the California League of Cities, and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. SECTION 15. General Exoenses Employer recognizes that certain expenses of a non- -5- personal and generally jvu-affiliated na~ure are incurred by Employee, and hereby agrees to reimburse or to pay said general expenses, up to an amount not to exceed $50.00 per month, and the Finance Director is hereby authorized to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affi- davits. SECTION 16. civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of one such civic club or organization, (Country Clubs excluded), for which Employer shall pay annual dues and other expenses, subject to Mayor's approval. Employee shall report to the Employer on the membership that he has taken out at Employer's expense. SECTION 17. Indemnification The Employer agrees to indemnify, hold harmless and defend at its expense Employee from any and all claims, actions, losses, damages, charges, expenses or attorneys fees to which Employee may be subject to arising out of, or resulting from, the performance of this agreement and Employee's duties hereunder as City Administrator. Employee shall be named as an additional insured under the City's liability insurance policy or policies. Notwithstanding the foregoing, the City's obligation under this section shall not apply to any punitive or exemplary damages which may be awarded by a court against Employee. SECTION 18. Bondinq Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordi- nance. SECTION 19. Other Terms and Conditions of ~mployment A. The Mayor and Council, in consultation with the Administrator, shall fix any such other terms and conditions of employment as they may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter, the San Bernardino Municipal Code, or any other law. B. All provisions of the San Bernardino Municipal Code, and regulations and rules of the Employer to the extent that said provisions do not conflict with the Charter, State or Federal law, relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or here- after may be amended, also shall apply to Employee as they would to other management employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same -6- vacation, holidays, and _~ck leave bene~~ts as are presently accorded management employees, including provisions governing accrual and payment therefor on termination of employment. Further improvements in these benefits may be amended to this agreement to this agreement by action of the Employer. SECTION 20. No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduc- tion across-the-board for all employees of the Employer, or if Employee's duties are reduced and then any pay reduction shall be commensurate with the degree of reduction in duties. The provisions of section 4B are incorporated herein by reference as if fully set forth in this section. SECTION 21. Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: HONORABLE MAYOR James E. Robbins 300 North "0" Street P. O. Box 2674 San Bernardino, CA 92418. San Bernardino, CA 92405 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. SECTION 22. General provisions A. In effecting the provisions of this Agreement, both parties agree to act in good faith. B. The Mayor and Employee mutually agree to abide by the provisions of applicable law. C. The text herein shall constitute the entire agree- ment between the parties. o. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. E. This agreement shall become effective commencing , 1988. F. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. -7- G. In the event t....tt Employee br ....Jgs any action to enforce any provision of this Agreement, and prevails in said action, Employer shall reimburse Employee for all legal costs and fees whether paid or owed. IN WITNESS WHEREOF, the City of San Bernardino has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. By Evlyn wilcox, Mayor City of San Bernardino By City Clerk By Approved as to form and legal content: BY~ ty Attorn -8-