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HomeMy WebLinkAbout89-34RESOLUTION NO. 89-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING MAYOR TO SIGN AGREEMENT ACCEPTING CITY MANAGER'S RESIGNATION. WHEREAS, the City Manager has offered his resignation, effective September 13, 1989 under terms and conditions attached hereto as Exhibit A. WHEREAS, the City Council has agreed to accept the resignation subject to the terms and conditions stated in the Agreement Accepting Resignation of City Manager, attached hereto as Exhibit A and incorporated herein by reference as though set forth in full; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the agreement attached as Exhibit A and the Mayor is hereby authorized to sign the agreement. PASSED AND ADOPTED this 15th day of March 1989, by the following roll call vote: AYES: Councilmembers Schneiter, Wattenburger, and Shoemaker NOES: Councilmember Hickey and Mayor Henderson ABSENT: None AT~~ A AGREEMENT ACCEPTING RESIGNATION OF CITY MANAGER This Agreement is entered on March 15, 1989, in Ukiah, California, between D. Kent Payne (hereafter, "Payne") and the City of Ukiah, a general law municipal corporation (hereafter, "City"). AGREEMENT The parties hereto agree as follows. 1. Payne resigns as City Manager of the City of Ukiah effective September 13, 1989; said effective date corresponds to the last date for which Payne will receive full pay and benefits and is the same date as if he took all of his sick leave which has or will accrue and to which he is entitled. The City accepts Payne's resignation as described in this paragraph. a). Payne shall perform the duties of City Manager to and including April 30, 1989. b). Payne shall be on full paid leave of absence on and after May 1, 1989, to and including the effective date of his resignation. 2. Payne agrees not to exercise during his paid leave of absence any of the authority nor bear any of the responsibility vested in the City Manager by contract, Ukiah City Code, or state or other provision of law and City agrees that all obligations of Payne to the City end April 30, 1989. 3. City shall pay Payne his full salary and full fringe benefits at the level currently paid to him until September 13, 1989 with the following exceptions: After April 30, 1989, as Mr. Payne no longer reports to work or has day to day responsibilities he agrees to: a). Waive the use of the City car, automobile insurance or car allowance. b). Waive other expenses related to travel or conferences during said paid leave. 4. The City agrees to not reduce or diminish or attempt to reduce or diminish the current City Manager benefits and those accorded Payne under this agreement. The City further agrees to insure that this agreement is fully implemented. Payne agrees to accept the compensation provided in this agreement as full and complete satisfaction of any claims that could arise out of Payne's resignation as City Manager. 5. This writing contains the entire Agreement between the parties. Any other representations, discussions, understandings or agreements are superceded by this Agreement. The terms of this Agreement can only be altered, modified or otherwise changed by the execution of a subsequent written agreement by the parties hereto. This Agreement is entered on the date first written above. C IT~ ~ C~llee~Henderson, ~ City Mana~ D. Kent Payn~ r y - - MANAGEMENT EMPLOYEE BENEFITS Vacation Sick Time 1st thru 3rd year - 18 working daYs 4th thru 8th year - 20 working days 9th thru 15th year - 25 working days Above 16 years - 27 working days 1 work day per month - unlimited accumulation Holidays 12 Holidays per year Health, Life, Dental, City pays $212.75 towards Monthly Premium Drug & Vision Ins Administrative Leave 10 Days. credited in full on July 1 of each year 3 Days additional for Department Shall not be considered a portion of vacation leave. May be utilized in time off at straight time, in cash payment at straight time, or in a combination of time off and cash. Not accumulative Health Incentive Program Compensation to be paid employee for following: a. $20.00 per month for not using tobacco b. $20.00 per month for maintaining weight control c. $20.00 per month for participating in a regular exercise program Credit for Previous Governmental Service Up to 50% credit for prior comparable government entity service towards vacation accrual Deferred Compensation City pays 2% of employee's monthly salary towards a deferred compensation account. An additional 1% towards deferred compensation or the purchase of savings bonds at the option of employee Option to convert last year.'s deferred compensation or similar savings program into salary in the last year before retirement Service Club Reim- bursement Reimbursement of annual dues, fines, meals and special assessments when participating in service clubs and other community organizations (as defined in Policy Resolution #17) Death in Family 3 Days at regular pay Private Car Use 20¢ per mile when authorized Retirement City and employee contribute to Public Employees' 'Retirement System (PERS) L:,-z//~/~,~z~'7 Z'.. ,~-~D 7,~ ~/~~ ~' Training & Conference Time off when authorized at full pay plus espenses