Loading...
HomeMy WebLinkAbout2019-184Resolution No. 2019-184 RESOLUTION NO. 2019-184 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER WITH TERI LEDOUX TO COMMENCE ON JULY 1, 2019 WHEREAS, Teri Ledoux was appointed as the Acting City Manager effective April 4, 2019; and WHEREAS, it is the desire of the Mayor and City Council to retain the services of Teri Ledoux as City Manager; and WHEREAS, it is the desire of the Mayor and City Council to provide certain benefits, establish certain conditions of employment and to set certain working conditions of the City Manager. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2, The Mayor is hereby authorized to execute an employment agreement for the City Manager between the City of San Bernardino and Teri Ledoux, attached hereto as Exhibit `A" and incorporated herein. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17a' day of July 2019. 0 '� 4 Resolution No. 2019-184 John Valdivia, Mayor City of San Bernardino Attest: Georgeann IdIanna, MMC, CVy Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-184 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-184 adopted at a regular meeting held on the 170' day of Jul 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT A/ SANCHEZ IBARRA X FIGUEROA ,Y SHORETT �t NICKEL RICHARD MULVIHILL X WITNESS my hand and official seal of the City of San Bernardino this 170i day of July 2019. Georges arena, MM , City Clerk CITY MANAGER EMPLOYMENT AGREEMENT This City Manager Employment Agreement ("Agreement") is entered into as of the 17th day of July 2019 (the "Effective Date"), between the City of San Bernardino (hereinafter referred to as the "City") and Teri Ledoux (hereinafter referred to as the "City Manager" or the "Employee"). City and City Manager/ Employee are sometimes referred to in this Agreement as "Party" and collectively as "Parties." RFC'TT A T .c; WHEREAS, it is the desire of the Mayor and City Council of the City to retain the services of Employee as City Manager; and WHEREAS, Employee is competent, trained and qualified for the position of City Manager; and WHEREAS, it is the desire of the Mayor and City Council to provide certain benefits, establish certain conditions of employment and to set certain working conditions of the City Manager. NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows: 1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison. 1.1 Duties. The City Manager shall perform those duties and have those responsibilities that are commonly assigned to a city manager of a city in California, and as may be further set forth in the City's Charter and Municipal Code. City Manager shall perform such other legally permissible and proper duties and functions consistent with the Office of the City Manager, as the Mayor and City Council shall from time to time assign. It is expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is encouraged to participate in community and civic affairs. 1.2 Acceptance of Appointment. City Manager hereby accepts the appointment as City Manager of the City of San Bernardino subject to all terms and conditions set forth in this Agreement. 1.3 Hours of Work It is recognized that City Manager devotes a great deal of time outside the normal office hours -schedule, and to that end, she shall be allowed to establish an appropriate work schedule recognizing the normal City work schedule and community meetings. 1.4 Devotion to City Business The City Manager's position is full-time. City Manager shall not engage in any business, educational, professional, charitable, or other activities that would conflict or materially interfere with performance of his City Manager duties, except as may be specifically authorized by the Mayor and City Council. 2. Term. This Agreement shall be deemed effective on July 1, 2019, the day in which the Mayor and City Council publicly reported the appointment of Employee as the City Manager, and continuing through December 31, 2020 and shall remain in effect, unless terminated earlier in accordance with Section 11. 3. Compensation. 3.1 Salary City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, which is at all times at least 5% greater than the annual base salary of the City's Chief of Police. Commencing on the Effective Date, the annual base salary shall be in the amount of Two Hundred Fifty Nine Six Hundred and Seventy Four Dollars ($259,674) (hereinafter "Annual Base Salary"), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid. Commencing on August 1, 2019 the Annual Base Salary shall be increased by three and one half percent (3.5%) provided that the Chief of Police annual base salary is increased in such amount. The term "Annual Base Salary" as used in this Agreement shall also include any such adjustments approved by the Mayor and City Council other than payments not eligible to be added to the City Manager's Annual Base Salary pursuant to the terms of any applicable salary resolution of City. The term "Monthly Base Salary" as used in this Agreement shall mean a sum of money equal to one -twelfth (1/12) of City Manager's Annual Base Salary as defined herein. 3.2 Benefits Except for the 2% Cost of Living Increase, City Manager shall receive all such other benefits and compensation that are generally applicable to non -sworn executive managers of the City as set forth in the San Bernardino Confidential Management Association Resolution No. 2017-139 as of the date of this Agreement, as the same may be modified from time to time after the date of this Agreement, including but not limited to CalPERS retirement benefits, long term disability insurance, holidays, vacation, administrative leave, bereavement and family illness leave. In the event the City Manager's employment is terminated, either voluntarily or involuntarily, the City Manager shall be compensated for all accrued vacation time, all paid holidays, and all other benefits to the termination date, as provided in the San Bernardino Confidential Management Association Resolution No. 2017-139 as amended or its successor. 4. Performance Evaluation. The Mayor and Council shall review the City Manager's job performance at least once annually. The City Manager shall remind the Mayor and Council of its obligations under this Section each year and shall work with the Mayor and Council in finding an appropriate time to place his annual evaluation on the agenda. The Mayor and Council shall in writing and in accordance with criteria established by the Mayor and Council in consultation with the City Manager, develop the annual performance reviews and evaluations. The Mayor and Council shall provide the City Manager a reasonable and adequate opportunity to discuss the City Manager's evaluation with the Mayor and Council. The annual performance reviews and evaluations shall be reasonably related to the City Manager's written job description and shall be based, in whole or in part, on goals for the City Manager's performance that are jointly developed and adopted by the Mayor and Council and the City Manager. 5. Bonds. City shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. 6. Vehicle Allowance. City agrees to pay to the City Manager, during the term of this Agreement and in addition to other salary and benefits herein provided a vehicle allowance as provided in Resolution No. 2018-171 as amended or its successor. 7. [Intentionally Omitted] 8. General Business Expenses 8.1 City agrees to budget and pay for professional dues and subscriptions for City Manager necessary for her continuation and participation in national, regional, state and local boards, task -forces, conferences and meetings, associations and organizations desirable for City Manager's continued participation, professional growth, and advancement, and for the benefit of the City. 8.2 City agrees to budget and pay for travel and subsistence expenses of City Manager for professional and official travel, board and task -force meetings, conferences, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. 8.3 City recognizes that the City Manager may incur expenses of a non -personal, job-related nature that are reasonably necessary to the City Manager's service to the City. The City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted in accordance with the City's normal expenditure reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City's normal requirements and must be submitted within time limits established by the City. 9. Abuse of Office or Position. Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City Manager is convicted of a crime involving an abuse of her office or position, all of the following shall apply: (1) if Manager is provided with administrative leave pay pending an investigation, City Manager shall be required to fully reimburse City such amounts paid; and (2) if City pays for the criminal legal defense of City Manager (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 10. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follow: If to City: Attn: Mayor City of San Bernardino If to City Manager: Personal Address on File City Manager Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 11. Termination. 11.1 At -Will Employee City Manager shall serve at the will and pleasure of the Mayor and City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Mayor and City Council to suspend from duty, remove from office or otherwise terminate the services of City Manager at any time, at the sole discretion of the Mayor and City Council. This Agreement may be terminated as follows. 11.2 Termination - Mayor and Council Vote The Mayor and City Council may remove the City Manager With or Without Cause by motion adopted by five (5) affirmative votes of the Mayor and City Council. Termination would then be effective sixty (60) days after written notice to Employee. 11.3 Resignation City Manager may voluntarily resign her position as City Manager, after giving City at least sixty (60) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the Mayor and City Council. 12. General Provisions. 12.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. 12.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party. 12.3 If any provision, or portion thereof, contained in the 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. 12.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in San Bernardino County. 12.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor 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 or against the Party responsible for any particular language in this Agreement. 12.6 City Manager acknowledges that she has had an opportunity to consult legal counsel in regard to this Agreement, that she has read and understands this Agreement, that she is fully aware of its legal effect, and that she has entered into it freely and voluntarily and based on her own judgment and not on any representations or promises other than those contained in this Agreement. 12.7 In any dispute arising out of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs. 13. Other Terms and Conditions of Employment The City, only upon agreement with City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the City Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Code, or any other law, ordinance or City Resolution. 14. Indemnification 14.1 City shall defend, hold harmless and indemnify City Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of City Manager's duties or resulting from the exercise of her judgment or discretion in connection with the performance of her duties, unless the act or omission involved unlawful conduct. City shall not unreasonably refuse to provide for legal representation at City's expense. Legal representation, provided by City for City Manager, shall extend until a final determination of the legal action including any and all losses, damages, judgment, interests, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by such City Manager in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of City Manager's duties. 14.2 City agrees to pay all reasonable litigation expenses of City Manager throughout pendency of any City -related litigation to which City Manager is a party, witness or advisor to the City. Such expense payments shall continue beyond City Manager's employment with the City as long as litigation is pending. Post - employment, City agrees to pay City Manager for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a witness, advisor or consultant to City regarding pending litigation. IN WITNESS WHEREOF, the parties have executed this City Manager Employment Agreement on the 17th day of July, 2019. EMPLOYEE/CITY MANAGER TFAI LEDOUX, City Vanager OFPAN BERNARDINO HN VILDIVIA, Mayor ATTEST. City Clerk'