HomeMy WebLinkAbout04.I- City Attorney 4.I.a
Consent Calendar
City of San Bernardino
Request for Council Action
Late: February 21, 2017
To: Honorable Mayor and City Council Members
From: Gary Saenz, City Attorney
By: Jolena {rider, Chief Assistant City Attorney,;---,
Subject: Employment Agreement with City Manager
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Recommendation �
Adopt a Resolution of the Mayor and Cita Council of the City of San Bernardino,
California, authorizing the Mayor to execute an Employment Agreement for the position 4
of City Manager with Mark Scott. E
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On February . 2016, the City entered into a one year Employment Agreement with w
Mark Scott for the position of City Manager, The Agreement expired on February 7,
2017 to
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Discussion �
On January 21, 2017, City Council discussed and provided direction extending the
Employment Agreement on a month to month basis and present it for Council
consideration at the Mayor and City Council !Meeting of February b, 2017. As the regular
Mayor and City Council meeting coup( not be held due to lack of posting of the agenda,
a Special Meeting was held. Pursuant to Mate Law (The Brown Act), employment
agreements may not be considered at special meetings of the City Council, The Mayor' �
extended the agreement until the proposed employment agreement could be
considered at this evening's meeting. If approved, the employment agreement would be �
dated retroactively to February 8, 2017.
Fiscal Im acts
The City tanager's salary is included in the Citys budget.
Conclusion
Staff recommends the Mayor and City Council adopt the Resolution approving the
Employment Agreement between the City of San Bernardino and Mark Scott,
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Attachments
Attachment 1Resolution; Exhibit - Employment Agreement dated
February 8, 2017.
Attachment 2 Employment Agreement dated December 21, 2015.
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Synopsis of Previous Council ,fictions;.
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4.1.b
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
3 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO
4 COMMENCE ON FEBRUARY 8,2017.
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BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF c
6 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor is hereby authorized to execute on behalf of the City the
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9 Employment Agreement for City Manager between the City of San Bernardino and Mark Scott,
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lo attached hereto as Exhibit "A" and incorporated herein.
11 SECTION 2. The action of the Mayor to extend the City Manager's Agreement until
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action could be taken by the Council is hereby ratified. 0.
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4.1.b
1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT
2 AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK SCOTT TO
3 COMMENCE ON FEBRUARY 8, 2017.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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City Council of the City of San Bernardino at a meeting thereof, held on the
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day of , 2017, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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9 MARQUEZ d
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18 Georgeann Hanna, City Clerk
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The foregoing Resolution is hereby approved this day of , 2017. a
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22 R. Carey Davis, Mayor 2-11
City of San Bernardino v
23 Approved as to form:
Gary D. Saenz, City Attorney
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1 EMPLOYMENT AGREEMENT
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THIS AGREEMENT is made and entered into this day of February, 2017, by and
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between the CITY OF SAN BERNARDINO, a charter city ("City"), and MARK SCOTT, an g
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individual ("Scott"). v
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WITNESSETH 3
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WHEREAS, City has the need for the services of a City Manager, and d
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WHEREAS, Scott is competent,trained and qualified for the position of City Manager, a
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and
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WHEREAS, the parties desire to enter into this Agreement to outline the duties and 2
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responsibilities of the parties.
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NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: co
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1. APPOINTMENT. Scott is currently appointed to, and does hereby accept such r
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continuation of said appointment of the office of City Manager of the City of San Bernardino to 0
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commence on February 8, 2017. c
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2. TERM. The term of this Agreement shall be on a month to month basis, unless
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amended or terminated under the terms of this Agreement. E
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3. TERMINATION. Under the terms of this appointment, Scott serves as an "at <
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will" employee and may be terminated at any time, with or without cause pursuant to the
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provisions of the San Bernardino City Charter and this Agreement. Nothing in this Agreement, Q.
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the San Bernardino City Charter, any statute, ordinance, or rule shall be construed as creating any u
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vested right in such appointment or in employment with the City. co
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a. The City may terminate this Agreement without cause, or Scott E
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may voluntarily resign his position, by providing the other party written notice of termination or
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resignation at least thirty (30) days prior to the effective date of such termination or resignation,
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unless the parties mutually agree to waive or alter the time required for such notice.
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1 b. Scott shall have no right to any severance payment,and shall only be entitled
2 to compensation for any accrued and unused leave or vacation per Resolution 2007-345 as
3 amended, or its successor, upon the occurrence of any of the following events: (i) upon written
4 notice of termination or resignation as provided above in section (3)(a); (ii) upon the death of
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5 Scott; or (iii) upon Scott's termination for cause.
6 c. For purposes of this section, "cause" is defined as: (i) a willful breach of this d
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7 Agreement, (ii) neglect or lack of loyalty in the performance of the City Manager's duties, or(iii) 4
8 any acts of dishonesty, fraud,misrepresentation, or other acts of moral turpitude. For purposes of
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9 this section, "loyalty" is defined as the duty of the City Manager to avoid fraud, bad faith, o
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10 usurpation of city government opportunities and self-dealing. E
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11 4. SALARY. Scott shall be compensated at the annual Salary set at Range
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12 4731 ,Step 21, equal to Two Hundred and Forty-eight thousand and seventy-six dollars
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13 ($248,076.00). This salary shall be paid bi-monthly at the same time as other City employees. 0
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14 In accordance with applicable City policies and procedures, Scott shall be reimbursed for '
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15 reasonable expenses incurred on behalf of the City in the performance of his duties and 0
16 responsibilities as City Manager.
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17 5. FRINGE BENEFITS. Scott shall be entitled to the benefit package
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18 established for the Management/Confidential Group, including but not limited to, health, dental,
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19 vision, leave, retirement, long-term disability coverage, life insurance, and other benefits as o
20 provided in Resolution 2007-345 as amended or its successor. Scott shall receive Administrative E
21 Leave consistent with Resolution No. 2007-345 as amended or its successor. For purposes of 00
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22 "vacation leave" and "administrative leave," Scott shall be provided an annual bank of one
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23 hundred sixty (160) hours of combined vacation and administrative leave (four weeks). Any
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24 other benefits not specifically addressed in this Agreement shall be consistent with the a
25 Management Confidential Group.
26 6. HOUSING ASSISTANCE. Scott will be entitled to rental reimbursement of up
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1 to $1500.00 per month for a rental in the City limits. Any taxes, security deposits or utilities not
2 included in the rent shall be the sole responsibility of Scott.
3 7. ENTIRE AGREEMENT. This Agreement contains the entire agreement
4 between the parties. Any correspondence, letters, documents or discussions leading up to this
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5 Agreement or in any other way made between the parties or their agents are replaced and f
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6 superseded by this Agreement. d
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7 9. NONSEVERABILITY. The provisions of this Agreement are not severable 4)
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8 one from the other. Should any of the provisions of this Agreement be determined invalid or
9 unenforceable for any reason by the final judgment of a court of competent jurisdiction,then this o
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10 Agreement in its entirety shall thereupon become null and void. w
11 11. AMENDMENT. This Agreement may only be amended by a written
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12 agreement executed by the parties, and may not be amended by oral agreement.
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2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
3 day and date first above shown.
ATTEST: CITY OF SAN BERNARDINO
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By: By: �.
6 Georgeann Hanna, City Clerk R. Carey Davis, Mayor
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9 MARK SCOTT c
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12 Approved as to Form: s
Gary D. Saenz, City Attorney c
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