HomeMy WebLinkAboutChambers, Jane - City Manager Contract 2013-04-17 CC i3 ' �` ► �`
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AT-WILL I
AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
This Agreement is entered in Ukiah, California on April 17, 2013, to become effective on
and after July 1, 2013 ("Effective Date"), between the City of Ukiah, California ("the
CITY"), a general law municipal corporation, and Jane A. Chambers ("EMPLOYEE").
Collectively, CITY and EMPLOYEE are referred to herein as the "parties."
RECITALS:
1. CITY has employed EMPLOYEE as its City Manager since 2008.
2. CITY desires to continue EMPLOYEE as the City Manager for CITY as
further provided herein.
3. It is the desire of the Ukiah City Council (the governing body of CITY) to
provide certain benefits, to establish certain conditions of employment and to set
working conditions of EMPLOYEE.
4. EMPLOYEE desires to continue her employment as City Manager of CITY
in accordance with the terms of this Agreement. �
5. The parties intend this Agreement upon the Effective Date to supersede and
replace in its entirety, the Agreement for Employment of City Manager, effective March
19, 2008.
AGREEMENT:
In consideration the above recitals, the terms and conditions stated below, and
other good and valuable consideration, receipt of which is hereby acknowledged, the
parties agree as follows. I
1. Appointment of Citv Manaqer: I
The City Council of the CITY hereby extends the appointment of EMPLOYEE to i
the position of City Manager of the City of Ukiah, California, effective July 1, 2013. �i
2. Expiration:
(a) If not terminated eariier in accordance with section 5 of this Agreement,
the term of this Agreement shall become effective on July 1, 2013 and continue until
December 31 , 2018 ("Expiration Date").
(b) The parties may agree to amend the Expiration Date in writing. Should
either party desire to extend the Expiration Date written notice must be provided to the
other party 90 days prior to the Expiration Date. Upon receipt of said notice, the parties
shall commence discussions and negotiations. The parties have no obligation to agree
to extend the Expiration Date. Any extension of the Expiration Date must be in writing
which shall include any amendments to the terms and conditions contained herein.
3. At-Will Employment:
(a) EMPLOYEE is an at-will employee, who shall serve at the pleasure of the
City Council. Except as otherwise specifically provided herein, the terms of the CITY's
Personnel Rules, Policies, Procedures, Ordinances and Resolutions shall not apply to
EMPLOYEE, and nothing in this Agreement is intended to, or does, confer upon
EMPLOYEE any right to or expectation of any right or property interest in continued
employment. If a decision to terminate EMPLOYEE's employment is made by the City
Council, with or without cause, EMPLOYEE shall be entitled only to those procedures
provided in Ukiah City Code Sections 124-128.
(b) Nothing in this agreement shall prevent, limit or otherwise interfere with
the right of EMPLOYEE to resign at any time from EMPLOYEE'S position with CITY,
subject to section 5 (a) of this Agreement.
4. Duties and Responsibilities:
(a) EMPLOYEE shall continue to serve as the City Manager of the City of
Ukiah, and shall be vested with the powers, duties and responsibilities and perform the
functions and duties specified under the laws of the State of California, and the Ukiah
City Code, and the Ordinances and Resolutions of the CITY and other applicable law,
and such other duties and functions as the City Council may from time-to-time assign.
(b) EMPLOYEE agrees to devote EMPLOYEE'S productive time, ability and
attention to the CITY's business during the term of this Agreement. EMPLOYEE shall ;
not hold secondary employment, and shall be employed exclusively by the CITY. The
CITY recognizes that EMPLOYEE is expected to devote necessary time outside normal
office hours to business of the CITY. EMPLOYEE shall be allowed to take reasonable
time off for such work, as EMPLOYEE shall deem appropriate during normal office
hours. As an exempt employee, EMPLOYEE shall not receive overtime or extra
compensation for work performed outside normal business hours.
5. Termination of EmploVment and Severance:
(a) EMPLOYEE may terminate this Agreement, with or without cause, by
giving the CITY sixty (60) days written notice in advance of termination, unless the
parties agree otherwise. During the period following notice of termination and until the
termination becomes effective, all the rights and obligations of the parties under this
Agreement shall remain in full force and effect. EMPLOYEE will not be entitled to
receive any severance pay if EMPLOYEE resigns.
(b) The City Council may terminate this Agreement before the Expiration
Date, with or without cause. The City Council shall give EMPLOYEE a minimum sixty
(60) days prior written notice of termination, provided, however, that if EMPLOYEE is
terminated for cause, as defined in this Agreement, the sixty (60) day written notice
requirement shall not apply, but the CITY shall comply with Ukiah City Code Sections
124-128, as they now read or as they may be amended or superseded in the future.
(c) If this Agreement is terminated prior to the Expiration Date by either party, i
EMPLOYEE will be paid for all earned accrued and unused vacation and floating
holidays.
(d) If the CITY terminates EMPLOYEE without cause during the term of this
Agreement, and EMPLOYEE is willing and able to pertorm in accordance with this
Agreement, then EMPLOYEE shall be entitled to a cash settlement equal to six (6)
months or the number of months remaining before the Termination Date, whichever is
less, of base salary at the rate in effect at the time of termination. At EMPLOYEE's ,
election, and pursuant to EMPLOYEE's written instructions, at the time of severance, �,
severance pay shall be paid either in a lump sum cash payment within thirty (30) days
of the date of termination, or in equal monthly payments. Should EMPLOYEE elect to
receive severance pay in equal payments, the number of such monthly payments shall
not exceed six (6), or the number of months remaining before termination, whichever is
less. If CITY terminates EMPLOYEE for cause, EMPLOYEE will not be entitled to any I
severance payment or other cash settlement. The determination of whether there is
cause for termination shall be in the sole discretion of the City Council.
(e) For a period of six (6) months following termination, CITY shall pay its
share of costs to continue health, dental, and vision insurance for the employee and all
dependents as provided in Section 11(a).
(� For purposes of this agreement, cause shall mean: (1) willful and repeated
failure to pertorm the duties of City Manager; (2) conviction of an employment related
criminal act; (3) conviction of a felony; or (4) malfeasance or misfeasance materially
related to the job, or (5) a finding by a court, jury, State or Federal Attorney General,
Fair Political Practices Commission, or any similar governmental agency, that Employee '
engaged in intentional or negligent misconduct in relation to the perFormance of
EMPLOYEE's duties.
6. Compensation:
(a) Base Salary. City agrees to pay Employee an annual base salary of
$150,000 (One Hundred Fifty Thousand Dollars), payable in installments at the same
time that the other management employees of the CITY are paid. All references in this
Agreement to "base salary" refers to this amount, adjusted only as provided in
subsection (b) or Section 22, below, even if additional payments are made to or on
behalf of EMPLOYEE under other sections of this Agreement.
(b) CITY may increase EMPLOYEE's base salary in such amounts and to
such extent as the Council may determine is desirable on the basis of any annual salary
review of EMPLOYEE. Adjustments based on changes in the Consumer Price Index
(CPI) will be considered at this time. The City Council will also give consideration to any
adjustments made to Department Head salaries when recommending salary
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adjustments for the EMPLOYEE.
7. Benefits
Except as otherwise provided in this Agreement, the EMPLOYEE shall be
entitled to the same benefits that are provided to City Department Heads in accordance
with the applicable Personnel Rules and Regulations, approved Compensation Plans,
or by practice on the Effective Date. The City Council shall consider giving the
EMPLOYEE the same level of benefits as the City Department Heads, when and if
those benefits are modified in the future.
8. Disabilitv:
If EMPLOYEE is permanently disabled or otherwise unable to perform
EMPLOYEE'S duties because of sickness, accident, injury, mental incapacity or health
for a period of six successive weeks beyond any accrued sick leave and provision of
Family Medical Leave, CITY shall have the option to terminate this Agreement. Upon
termination pursuant to this provision CITY shall have no obligation to pay severance �
benefits pursuant to Section 5(e). ;
9. Automobile Allowance and Use of Pooled Vehicle:
(a) CITY agrees to pay to the EMPLOYEE, during the term of this Agreement
and in addition to other salary and benefits herein provided,) a vehicle allowance in the
amount of the current IRS mileage allowance for each mile driven in the performance of
EMPLOYEE'S duties as City Manager, payable monthly upon receipt of EMPLOYEE's
monthly mileage report or a travel reimbursement request. . EMPLOYEE shall be
responsible for paying for liability, property damage, and comprehensive insurance
coverage upon such vehicle and shall further be responsible for all expenses attendant
to the purchase, operation, maintenance, repair, and regular replacement of said
vehicle. EMPLOYEE shall maintain a log of the date, departure and destination points,
mileage and work-related purpose for mileage claimed for reimbursement and report
that mileage to the CITY every month. CITY shall have the right to inspect the log at any
time.
(b) EMPLOYEE will also have the use of a pooled hybrid vehicle for business
trips on CITY business or extended business or related travel (i.e. conferences, etc.).
10. Vacation, Sick and Holidav Leave:
(a) EMPLOYEE shall accrue over time, and have credited to EMPLOYEE'S
personal account, vacation at the rate of 7.7 hours per pay period with the equivalent of
five (5) days added in lump sum to vacation in October each year, not to exceed a
cumulative total of 720 hours. EMPLOYEE may elect to buy up to two (2) weeks of
accrued vacation, two times per fiscal year when over half of maximum vacation accrual
is reached.
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(b) Sick leave shall accrue and be credited to EMPLOYEE's personal account I
as with CITY Department Heads. Sick leave will convert to additional PERS service
credit upon retirement with unlimited accrual.
(d) Holidays and Bereavement leave shall be credited to EMPLOYEE's
account as with CITY Department Heads.
11 . Disability Health and Life Insurance:
(a) CITY shall pay on EMPLOYEE's behalf $1,391/month ($16,690/year)
toward premiums for medical, dental and vision insurance("Health Insurance
Contribution"). The EMPLOYEE may also elect to purchase, through the City, Life,
Accidental Death and Dismemberment, and/or Long Term Disability Insurance, and she
may participate in the City's Section 125 Cafeteria Plan.
(b) Should EMPLOYEE retire from the City of Ukiah following 10 years or �I
more of continuous service, EMPLOYEE may elect to remain on the City's group i
insurance plans if Retiree pays 100% of premiums. !
12. Retirement:
(a) CITY agrees to continue EMPLOYEE's enrollment in the California Public
Employee Retirement System, (2.7% at 55) with Employer Paid Member Contribution
(EPMC) and to make all the appropriate contributions on the EMPLOYEE's behalf, for I
both the Employer and Employee share at the same rate as calculated for other City '
Department Heads. �
(b) CITY agrees to execute all necessary agreements and pay the cost of the
plan to provide EMPLOYEE the ability to participate in the International City Manager's
Association (ICMA) Retirement Corp. ("ICMA-RC"). CITY agrees to provide $1,880 per
year for EMPLOYEE's participation in said ICMA-RC retirement plan. Contributions will
be governed by federal law. CITY agrees to transfer ownership to succeeding
employers upon EMPLOYEE's resignation or termination.
13. Dues and Subscriptions:
Subject to budgetary approval by the CITY, CITY agrees to pay for professional
dues and subscriptions of EMPLOYEE necessary for EMPLOYEE's continuation and
full participation in national, regional, state and local associations and professional
organizations (ICMA etc.) necessary and desirable for EMPLOYEE's continued
professional participation, growth and advancement and for the good of CITY.
14. Professional Development:
(a) Subject to budgetary approval by CITY, CITY agrees to pay for, to the
extent allowed by law, travel and subsistence expenses of EMPLOYEE for professional
official travel, meetings and occasions adequate to continue the professional
development of EMPLOYEE and to adequately pursue necessary official functions for
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CITY, including but not limited to ICMA annual conference, the gatherings of the League
of Califomia Cities (CLOC) and such other national, regional, state and local I
governmental groups and committees thereof in which EMPLOYEE serves as a
member.
(b) Subject to budgetary approval by CITY, CITY agrees to pay for, to the
extent allowed by law, travel and subsistence expenses of EMPLOYEE for short
courses, institutes and seminars that are necessary for EMPLOYEE's professional
development and for the good of CITY.
15. General and Business Related Expenses:
(a) CITY recognizes that certain expenses of a non-personal nature are
incurred by EMPLOYEE for the benefit of the City in the course of performance of
EMPLOYEE's duties and hereby agrees to reimburse or to pay said general expenses,
and CITY's Finance Director is hereby authorized to disburse such monies upon receipt
of duly executed expenses of petty cash vouchers, receipts, statements or personal
affidavits to the extent allowed by law and subject to budgetary approval.
(b) CITY shall pay EMPLOYEE a stipend in accordance with the City's cell I�
phone policy at the rate specified therein for a "high user" to support EMPLOYEE's use
of her personal cell phone, tablet and/or laptop computer for work-related purposes.
16. Bondinq:
CITY shall bear the full cost of any fidelity or other bonds required of EMPLOYEE I
under any law or ordinance. '
17. Continuity:
Pursuant to Ukiah City Code Section 128, EMPLOYEE shall not be removed
from office during or within ninety (90) days next succeeding any municipal election at ,
which one or more City Council members are elected to the City Council to allow any
newly elected member of the City Council or a reorganized City Council to observe the
actions and ability of the EMPLOYEE.
18. Other Terms and Conditions of Employment:
The City Council, in consultation with EMPLOYEE, shall fix any other terms and I
conditions of employment, as it may determine from time to time, relating to the I
performance of EMPLOYEE, provided such terms and conditions are not inconsistent li
with or in conflict with the provisions of this Agreement, the Ukiah City Code or any j
other applicable state or federal law.
19. Indemnification:
CITY shall defend, hold harmless and indemnify EMPLOYEE against any tort,
civil rights, personnel, discrimination, professional liability claim or demand or other
legal action, whether groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of the EMPLOYEE's duties in accordance with the
provisions of California Government Code Section 825 and following as amended from
time to time and provide a defense in accordance with California Government Code
Section 995 and following. Notwithstanding anything to the contrary in this Agreement,
City reserves the right to refuse to provide a defense of EMPLOYEE for the reasons set
forth in California Government Code section 995.2 or other applicable provisions of law.
20. Notices:
Whenever notice is permitted or required by this Agreement, it shall be given in
writing and by deposit in the custody of the United States Postal Service, first class
postage prepaid, addressed as follows:
a. The CITY: Mayor and City Council
300 Seminary Avenue
Ukiah, CA 95482
b. EMPLOYEE:
Jane A. Chambers
City Manager
300 Seminary Avenue 'i
Ukiah CA 95482 'I
Alternatively, notices required pursuant to this Agreement may be personally I
served in the same manner as is applicable to civil judicial process. Notice shall be
deemed given as of the date of personal service or as of the date of deposit of such
written notice, postage prepaid, with the United States Postal Service.
21. Performance Evaluations: I
(a) City Council may review and evaluate the performance of EMPLOYEE at
least once annually. Said review and evaluation shall be in accordance with specific
criteria developed jointly by CITY and EMPLOYEE. Said criteria may be amended as
the City Council may from time to time determine and in consultation with EMPLOYEE.
The City Council shall conduct its evaluation of Employee in closed session unless the
closed session concerns specific complaints or charges of misconduct and the
EMPLOYEE invokes her statutory right to have those complaints or charges heard in
open session. The City Council shall provide EMPLOYEE with the written evaluation
and provide an adequate opportunity for EMPLOYEE to discuss EMPLOYEE's
evaluation with City Council.
(b) In recognition of accomplishments and objectives, and satisfactory
performance, an annual merit increase shall be negotiated. The City Council may take i
into account the amount of cost of living salary increases, based on changes in the
Consumer Price Index, which are granted to management level employees when
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considering the increase for EMPLOYEE.
(c) Annually, the City Council and EMPLOYEE shall define such goals and ,
performance objectives as they determine necessary for the proper operation of CITY
and the attainment of the City Council's policy objectives and shall further establish a
relative priority among those various goals and objectives, said goals and objectives to
be reduced to writing. Said goals and objectives shall generally be attainable within the
time limitations as specified in the annual operating and capital budgets and
appropriations provided.
(d) In effecting the provisions of this section, the City Council and
EMPLOYEE mutually agree to abide by the provisions of applicable law.
(e) EMPLOYEE will timely cause to be placed on the City Council agenda each year
a "closed session" for purpose of EMPLOYEE's performance evaluation.
22. Continqent Additions to Base Salarv: I
This Agreement reduces by 10% for fiscal year (FY) 2013/14, the cost to the City
of EMPLOYEE'S total compensation in FY 2012/13. It is EMPLOYEE's understanding
that a 10% total compensation cost reduction is under consideration for all city
employees as a means to address continuous future deficits currently projected for City
Funds and services. It is understood by the parties that should less than a 10% total
cost reduction be made to the cost of compensation for all other City employees in FY
2013/14, as compared to FY 2012/13, the City Manager shall report in writing to the City
Council the actual overall percentage reduction in the cost to the City of compensation
for all other City employees ("Overall Percentage Reduction"). Upon approval of that
written report at a City Council meeting, the City shall increase the EMPLOYEE's Base
Salary in an amount necessary to match the percentage reduction in the cost of the City
Manager's compensation in FY 2013/14 to the Overall Percentage Reduction reported
in the approved City Manager's report. If the City agrees to a formula for restoring
salary reductions to the City's collective bargaining units, the City Manager shall report
in writing to the City Council, any other restoration of compensation granted to the
bargaining units.. Upon approval of the report, an equivalent amount shall be restored to
the City Manager's Base Salary.
23. Miscellaneous: I
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a. The text herein shall constitute the entire Agreement between the parties.
This Agreement may not be modified, except by written agreement executed by both
parties.
b. If any provision, or any portion thereof, contained in this 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.
c. This Agreement shall be governed by the laws of the State of California.
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d. The parties agree that any ambiguity in this Agreement shall not be
' construed or interpreted against, or in favor of, either party. '
e. This agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of EMPLOYEE.
DATED: =��`� fi�� 3 EMPLOYEE � _
By � � � �
Jane Chambers, City Manager
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DATED: �����.3� 1 S byT�� c-oe� ���
Douglas F. rane
Mayor
ATTEST:
�� � ����� � �_ ��G �G I, � �c—.,-1
� Kristine Lawler
City Clerk j
APPROVED AS TO FORM: II
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City Attomey I
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