HomeMy WebLinkAboutF- 5 Staff Report Subcommitee Report on City Manager Contract Compnsation F„,
AZUSA ,
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: COUNCILMEMBERS CHAGNON AND STANFORD
DATE: APRIL 7, 2003
SUBJECT: SUBCOMMITEE REPORT ON CITY MANAGER CONTRACT/COMPENSATION
Recommendation:
It is recommended that the City of Azusa approve the City Manager Employment Agreement
and salary increase.
Background:
The City Council entered into an Employment Agreement with the City Manager in July of 2002.
That Agreement provides that the City Council shall conduct an annual evaluation of the City
Manager based on the terms of the Agreement, the City's work plan approved by the City
Council and directives given to the City Manager by the City Council. The Agreement also
provides that the City Council may renegotiate the Agreement from year to year.
The Subcommittee recently conducted an evaluation of the City Manager and concluded that
the City Manager's job performance exceeds all or most of the established measures for the job.
The Subcommittee directed the City Attorney to revise the Agreement in four minor areas and
adjust the City Manager's compensation.
Analysis:
In accordance with the Subcommittee's direction, the City Attorney has prepared a proposed
Employment Agreement for the City Manager. The proposed Agreement is substantially similar
to the Agreement adopted in July 2002. However, the proposed Agreement differs from the
2002 Agreement in the following ways:
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(1) Cellular Phone
The following sentence was deleted from Section 7(c) relating to the City
Manager's use of a City issued cellular phone: "Employee shall promptly reimburse the City for
all personal calls on the cellular phone." This standard is consistent with the City Manager's use
of a City vehicle and with the flat rate structure of the charges.
(2) Outside Professional Activities
Section 9 was amended to reflect previous City Council discussions on the topic
and reads as follows:
"Employee, with prior written approval of the City Council, may
undertake outside professional activities for compensation
(excluding travel expenses and honoraria), including consulting,
teaching, training and speaking, provided they do not interfere with
Employee's normal duties and are done during personal leave or
holiday time of Employee and are not done with any existing
vendors or contractors of City. Employee shall provide the City
Council written notice before undertaking any such out of town
outside professional activities. This notice requirement may be met
by including a notice in the Council Update. Under no
circumstances shall such outside activities create a conflict of
interest between the duties of the City Manager and the interests of
the City."
(3) Termination for Cause
Section 12(b) was amended to include more precise language to clarify the
grounds for termination. This section was amended as follows:
"If Employee is terminated for cause, then employee shall not be
entitled to any severance benefits. Termination shall be for
"cause", for the purpose of this paragraph, shall mean if
Employee: (i) acts in bad faith and to the detriment of the City; (ii)
refuses or fails to act in accordance with any specific direction or
order of the City Council; (iii) exhibits misconduct or dishonesty in
regard to his employment; or (iv) is convicted of a misdemeanor or
felony crime.
Examples of"cause" include, but are not limited to, the following:
1. Immoral or unprofessional conduct;
2. Incompetency;
3. Persistent violation of or refusal to obey federal,
state, or local laws or regulations;
4. Conviction of a felony or of any crime involving
moral turpitude as defined by relevant case law;
5. Theft and/or embezzlement of City funds and/or property.,
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6. Unlawful discrimination;
7. Gross insubordination to the City Council; or
8. Willful destruction of City property.
(4) Probation
Section 12(e) relating to the City Manager's probationary term (e.g., first six
months of his employment)was deleted since this probationary term has expired.
(5) Salary Increase
Section 2(b) was amended to reflect an increase in the City Manager's salary from
Step 2 ($120,750) to Step 4 ($132,250). This increase in salary would align the City Manager's
salary with those of other City Managers in neighboring cities and also reflect his outstanding
performance.
Fiscal Impact:
The increase in salary would result in an additional expenditure of$11,500 per year.
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