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HomeMy WebLinkAboutF- 5 Employment AgreementCITY OF AZUSA EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is entered into as of the 1st day of January, 2003, between the City of Azusa (hereinafter referred to as the "City") and Frederick "Rick" Cole (hereinafter referred to as the "City Manager" or the "Employee"). The above named parties hereby mutually agree and promise as follows: 1. Term. This Agreement shall be deemed effective beginning January 1, 2003, through December 31, 2003, unless terminated earlier in accordance with Section 12. On January 1, 2004, the Agreement shall be automatically extended for an additional one-year term unless prior to January 1, 2004, the City Council upon the affirmative vote of at least three members at a regularly scheduled non-adjourned meeting of the City Council, declares its intent not to extend this Agreement for an additional one-year term. Any extension periods shall be similarly subject to Section 12. 2. Salary. a. Employee's annual salary shall be in accordance with the following steps: Step 1: $115,000 per year Step 2: $120,750 per year Step 3: $126,500 per year Step 4: $132,250 per year Step 5: $138,000 per year b. Commencing on January 1, 2003, Employee's annual salary shall be established at Step 4 ($132,250 per year). Future adjustments to Employee's salary shall be based upon the salary steps established in this section and shall be effective on January 1st of each year. However, the City Council may, in their sole and absolute discretion, award retroactive salary adjustments. In addition, Employee shall be provided fringe benefits in accordance with Section 4, below. c. Following the City Manager's annual performance evaluation pursuant to Section 3 of this Agreement, and at the sole and absolute discretion of the City Council, the City Manager may be awarded a bonus. Bonuses, if awarded, shall be awarded for positive performance that is clearly above and beyond the duties identified in this Agreement. Bonuses, if awarded, shall be considered separately from the cost of living adjustments provided in accordance with Section 4, below. 3. Performance Evaluation. At least sixty (60) days prior to January 1st of each year, the City Council shall conduct an annual evaluation of Employee in a noticed closed session meeting, to review RVPUB\ACD\650344 Employee=s performance and compensation. The evaluation of Employee's performance shall be based on the City Council's review of Employee's fulfilling his obligations as set forth in all of the following: this Agreement, a work plan approved by the City Council and any other written directive issued to Employee by the City Council. For purposes of this Section 3, a written directive may be in the form of correspondence from an individual member of the Council authorized to give such directive by a majority of the City Council or in the form of the official open and closed session minutes of the City Council. Notwithstanding any provision herein to the contrary, Employee serves at the will and pleasure of the City Council, as set forth in Section 12. 4. Fringe Benefits. Except as otherwise expressly provided below in this Agreement, the City shall provide to Employee those fringe benefits and salary cost of living adjustments provided to department head/executive employees of the City as of July 1, 2002, in accordance with the City of Azusa Compensation and Benefits Memorandum Covering the Executive Management Employees as of the effective date of this Agreement (the "Department Head MOU"). In addition, Employee shall receive the same PERS benefit and the same long term disability insurance benefit provided to non-sworn department heads. To the extent permitted by law, Employee may elect to convert fringe benefits to salary and have such amount considered compensation earnable for PERS retirement purposes. Employee shall not receive the following fringe benefits which are set forth in the Department Head MOU: Deferred Compensation, Automobiles, Education incentive, Longevity pay, Administrative leave, Sick leave, Vacation leave, Health insurance during retirement, Layoff or reclassification. The City shall also provide a life insurance policy with a payout equivalent to the Employee's annual salary, provided that the premium costs to the City do not exceed $400 per year. Notwithstanding Employee's non-receipt of the deferred compensation benefit set forth in the Department Head MOU, Employee shall receive a maximum of $180.00 per month toward the City's Deferred Compensation Plan. 5. Transportation. Employee shall select one of the following options: a. Employee shall have the exclusive use at all times during his employment with the City of an automobile provided by the City for City related business use and to commute between home and City Hall. Said automobile shall be a fully equipped sedan capable of seating at least five (5) adults, and shall display exempt license plates. The City shall be responsible for providing public liability, property damage, and comprehensive insurance in coverage amounts as determined by the City. The costs of such insurance premiums shall be borne by the City. The City shall be responsible for paying for the operation, repair, and maintenance of said automobile. If Employee selects this option, he may not change to the alternative option until or unless the City is no longer obligated under contract to complete the RVPUB\ACD\650344 purchase or lease of the vehicle which has been exclusively provided to Employee pursuant to this option. Prior to taking possession of the City automobile, Employee shall execute a disclosure and waiver statement providing that Employee will not use the automobile for personal purposes and will not use the automobile to transport family members outside of the municipal boundaries. b. Employee shall provide his own vehicle to be used in the performance of his duties, and the City shall provide a car allowance in the amount of $350.00 or another amount as approved by resolution adopted by three members of the City Council. 6. Sick Leave, Vacation Time and Sabbaticals. a. Sick Leave Notwithstanding the sick leave benefit or accruals provided to the City's department heads, Employee's sick leave benefits shall be as follows: Employee shall accrue twelve (12) days of sick leave each Fiscal Year during the term of this Agreement. Employee shall not be entitled to cash out or carry over to any subsequent year any accrued, but unused, sick leave at the end of each Fiscal year. Sick leave may be taken by Employee when Employee or any member of his immediate family is ill. b. Vacation Time Notwithstanding the vacation time or accruals provided to the City's department heads, Employee's vacation time benefits shall be as follows: (1) Employee shall accrue a maximum sum of one hundred twenty (120) hours of vacation per Fiscal Year, accrued at the rate of ten (10) hours per each whole month of employment during such year. Unused accrued vacation time exceeding the maximum sum stated herein shall not be reimbursed or payable to Employee by City. Once the maximum sum of vacation time has been accrued in a year, Employee shall stop accruing vacation time for that year. Unused accrued vacation time may be carried over to a subsequent year, but in no event shall Employee accrue, whether by accrual during the current year or by carryover from a previous year, more than one hundred twenty (120) hours in any one year. (2) Upon obtaining five (5) years of service time as City Manager (July 1, 2003), Employee shall accrue one hundred sixty (160) hours of vacation per Fiscal Year, accrued at the rate of thirteen point three (13.3) hours per whole month of employment during each year. Up to forty (40) hours of unused accrued vacation time RVPUB\ACD\650344 exceeding the maximum sum stated herein may be reimbursed or made payable to Employee by City at the election of the Employee. Once the maximum sum of vacation time has been accrued in a year, Employee shall stop accruing vacation time for that year. Unused accrued vacation time may be carried over to a subsequent year, but in no event shall Employee accrue, whether by accrual during the current year or by carryover from a previous year, more than one hundred twenty (120) hours in any one year. (3) Upon obtaining ten (10) years of service time as City Manager (July 1, 2008), Employee shall accrue one hundred sixty (160) hours of vacation per Fiscal Year, accrued at the rate of thirteen point three (13.3) hours per whole month of employment during each year. Up to eighty (80) hours of unused accrued vacation time exceeding the maximum sum stated herein may be reimbursed or made payable to Employee by City at the election of the Employee. Once the maximum sum of vacation time has been accrued in a year, Employee shall stop accruing vacation time for that year. Unused accrued vacation time may be carried over to a subsequent year, but in no event shall Employee accrue, whether by accrual during the current year or by carryover from a previous year, more than one hundred twenty (120) hours in any one year. c. Sabbatical Upon obtaining five (5) years of service time as City Manager (July 1, 2003), Employee, with prior written notification to the City Council, shall be entitled to up to three (3) weeks of paid sabbatical time per Fiscal Year. Employee shall be entitled to a maximum of seven thousand five hundred ($7,500) dollars per Fiscal Year to pay for expenses related to professional and/or personal development during the sabbatical. 7. Miscellaneous Benefits. a. Credit Cards During the term of this Agreement, Employee shall be issued a City credit card to be used solely for City-related business in connection with pursuing and encouraging economic development in the City where it is necessary to entertain or dine with representatives of companies or organizations that the City may wish to attract to the City. Employee shall not use the credit card for personal related business or for City expenses such as staff birthdays, staff events or for City supplies or services. RVPUB\ACD\650344 b. Cellular Phone and Pager During the term of this Agreement, the City may provide Employee with a City issued cellular phone and pager to be used primarily for City related business. c. Computer During the term of this Agreement, the City shall provide Employee a "laptop" computer for use in his house. The laptop computer shall be used by Employee primarily for City business. 8. Duties. Employee shall perform the duties of City Manager as prescribed by Section 2-90, et seq., of the Azusa Municipal Code. In addition to the powers and duties set forth in the Code, the City Manager shall have such powers and duties which are delegated to him by the City Council. The City Manager shall execute all powers and duties in accordance with the policies adopted by the City Council and the State of California Government Code. a. City Manager and City Council Responsibilities. The City Manager shall be the Chief Executive Officer of the City, the Redevelopment Agency, and the Industrial Development Authority and Azusa Public Financing Authority. As such, the City Manager shall have the responsibility for implementing City Council policy, whereas the City Council shall retain the responsibility for formulating and adopting said policy. The City Manager shall only implement that City Council policy which is approved by a majority vote of the City Council. The City Manager shall not take action to implement any action or participate in any activity concerning City policy without direction in the form of a majority vote of the City Council. The City Manager shall keep all members of the City Council informed of his progress in implementing City policy and shall ensure that all members of the City Council receive copies of all written work product, information or correspondence concerning City business requested by any one or more members of the Council. b. Personnel Matters. The City Manager shall have the additional responsibility of organizing, reorganizing and arranging the staff of the City in such a way that in his judgment best serves the City. The City Manager shall have such responsibility in all personnel matters, including selection, assignment and transfer of employees in accordance with the Personnel Rules of the City. City Council Members, individually and collectively, will promptly refer to the City Manager for study and recommendations all criticisms, complaints and suggestions called to their attention concerning the foregoing matters. The City Manager shall promptly review such matters and report back to all members of the City Council within a reasonable period of time. The City Manager shall consult with City Council Members, individually or collectively, on any RVPUB\ACD\650344 personnel matter when requested to do so by one or more City Council Members, subject to the requirements of the Ralph M. Brown Act, Government Code Section 54050, et seq. c. Other Duties. The City Manager (or his designee) shall: (1) review all policies proposed to the City Council and make appropriate recommendations to the City Council; (2) periodically evaluate employees as provided for by California law and City policy; (3) advise the City Council of possible sources of funds that might be available to implement present or contemplated City programs or services; (4) maintain and improve his professional competence by available means, including subscribing to and reading of appropriate periodicals, and joining and participating in appropriate professional associations and their activities; (5) establish and maintain an appropriate community relations program; and (6) serve as liaison between the City Council and as its designated representative with respect to all employer-employee matters, and make recommendations to the City Council concerning those matters. Notwithstanding that a designee of the City Manager may perform said duties, the City Manager shall be the person ultimately responsible to the City Council for the proper implementation of the duties and responsibilities described herein. 9. Outside Professional Activities. 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. 10. Professional Memberships. Employee, with prior approval of the City Council, may enroll in professional organizations and City shall then pay for the membership dues. Employee shall be permitted and City shall pay for employee to attend conferences or seminars conducted by such professional organizations, provided that the City Council has budgeted and allocated funds for said expenditures and Employee obtains the City Council's consent to attend. 11. Physical Examination. Employee shall undergo an annual physical examination which shall not be at City's expense. Employee agrees to sign an Authorization for Use and Disclosure to allow the RVPUB\ACD\650344 City Council an opportunity to review the results of the physical examination. Employee may select the physician performing the examination. 12. Termination. Employee shall serve at the will and pleasure of the City Council and may be removed from office (terminated) at any time for any reason or no reason upon the affirmative vote of at least three members of the City Council at a regularly scheduled, non-adjourned meeting of the City Council. Nothing in this Agreement shall prevent the City Council from terminating this Agreement and the services of Employee at its sole discretion. a. Termination Not for Cause. If Employee is terminated not for cause, his severance benefits shall be the following: An amount equal to six (6) months of Employee's annual base salary, as described in Section 2 above. b. Termination for Cause. 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; 6. Unlawful discrimination; 7. Gross insubordination to the City Council; or 8. Willful destruction of City property. c. Resignation. If Employee desires to resign his position, he will provide the City Council with at least sixty (60) calendar days notice, in writing. In the event Employee resigns from his employment with City, the Employee shall not be entitled to any severance pay. RVPUB\ACD\650344 d. Termination in Proximity to an Election The City Council shall not issue notice of termination, reduce Employee's salary or benefits or actually terminate Employee during or within forty-five (45) days before or ninety (90) days after the date of a regularly scheduled municipal election at which members of the City Council are elected. 13. General Provisions. a. This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the employment of Employee by the City and contains all of the covenants and agreements between the parties with respect to the employment of Employee by the City. b. 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. c. Any modification of this Agreement will be effective only if made in writing and signed by both the Employee and the City after approval by the City Council. d. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. e. This Agreement shall be governed by and construed in accordance with the law of the State of California. f. 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 nor against the party responsible for any particular language in this Agreement. g. Employee acknowledges that he has had an opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this Agreement. [SIGNATURES ON FOLLOWING PAGE] ORANGE/SRC/4378 IN WITNESS WHEREOF, the parties have executed this Agreement on the ____ day of ___________, 2003. EMPLOYEE/CITY MANAGER ______________________________ Frederick "Rick" Cole CITY OF AZUSA ______________________________ Cristina Cruz Madrid Mayor ATTEST: ______________________________ City Clerk