Loading...
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 *13 gf::)C)2( 02 28 / / / 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 ;.1 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 ~. ~" ~ 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 , ' . . ,~ 2 THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN GLENN D. BAUDE AND THE CITY OF SAN BERNARDINO , J 4 , 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 - . 'I 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 , ' 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 .' 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. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// JFP/ed [vo.amd] 3 July 23. 2002 , ' 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