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HomeMy WebLinkAboutCC Item No. 9 City Clerk AgreementCITY OF inn LADE UJI LS1110RE DREAM EXTREME. REPORT TO CITY COUNCIL AND REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL HONORABLE CHAIRWOMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY CITY MANAGER/EXECUTIVE DIRECTOR DATE: JANUARY 25, 2011 SUBJECT: CITY CLERK EMPLOYMENT AGREEMENT BACKGROUND In connection with recruitment of a City Clerk and Agency Secretary, the City Council directed the City Attorney to prepare an agreement setting forth the terms under which Virginia Bloom will serve as the permanent City Clerk and Agency Secretary. DISCUSSION A draft City Clerk Employment Agreement has been prepared by the City Attorney and is attached for the Council and Agency Board's consideration. The Agreement has been provided to Ms. Bloom for review and comment. The Employment Agreement provides for a starting salary of $65,000 annually and a one (1) year employment term anticipated to commence on February 1, 2011 and ending on January 31, 2012. Benefits are generally commensurate with other department heads in the City. On an interim basis, City Manager Brady will continue to oversee the office of the City Clerk and serve as Acting City Clerk/Agency Secretary until Ms. Bloom commences her term. FISCAL IMPACT The proposed amendmentwill establish compensation forthe City Clerk/Agency Secretary at $65,000 per year. The estimated cost for the extension will be covered under the existing budget allocated to the City Clerk's office. AGENDA ITEM NO.9 Page 1 of 11 City Clerk Employment Agreement January 25, 2011 Page 2 RECOMMENDATION That the City Council adopt Resolution 2011- -approving the City Clerk Employment Agreement and the Agency Board approve the City Clerk Employment Agreement in substantially the form attached and authorize the Mayor and Chairman to execute the Agreement subject to any minor modifications as may be approved by the City Attorney/Agency General Counsel. That the City Council and Agency Board confirm and appoint the City Manager/Executive Director as Acting City Clerk/Agency Secretary until Ms. Bloom commences her term. Prepared by: Barbara Leibold City Attorney/Agency General Counsel Approved by: Robert A. Brady City Manager/Executive Director Attachment: City Council Resolution 2011-_ Draft City Clerk Employment Agreement Page 2 of 11 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CITY CLERK EMPLOYMENT AGREEMENT WHEREAS, the office of City Clerk is created and established by Lake Elsinore Municipal Code Chapter 2.38; and WHEREAS, the City Clerk is appointed by the City Council and holds office at the pleasure of the City Council; and WHEREAS, the City Council desire to employ Virginia Bloom as City Clerk and to enter into an Employment Agreement setting forth the terms and conditions of employment. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Clerk Employment Agreement by and among Virginia Bloom, the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore is approved. SECTION 2. Mayor is authorized to execute the Agreement subject to any minor modifications as may be approved by the City Attorney/Agency General Counsel SECTION 3. The Acting City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of January, 2011. AMY BHUTTA, MAYOR CITY OF LAKE ELSINORE ATTEST: ROBERT BRADY, CITY MANAGER ACTING CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD, CITY ATTORNEY Page 3 of 11 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE }SS I, ROBERT BRADY, Acting City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011- was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 25th day of January 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: ROBERT BRADY ACTING CITY CLERK Page 4 of 11 CITY CLERK EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement"), dated for identification purposes only as of January 25, 2011, by and among the City of Lake Elsinore ("City") and the Lake Elsinore Redevelopment Agency (the "Agency"), on the one hand (the Agency and the City are collectively referred to herein as "Employer'), and Virginia Bloom, ("Employee"), on the other hand. This Agreement shall be effective as of February 1, 2011, the date Employee shall begin acting in the capacity of City Clerk and Agency Secretary (the "Effective Date'). RECITALS A. Employer desires to employ the services of Virginia Bloom as City Clerk of the City and Agency Secretary. For purposes of this Agreement, references to "City Clerk" shall be deemed to include the positions and duties of the City Clerk and the Agency Secretary. B. It is the desire of the City Council of the `City of Lake Elsinore (the "City Council") and the Board of Directors of the Redevelopment Agency (the "Agency Board"), acting as the legislative bodies of the City and the Agency, respectively, to provide certain benefits, establish certain conditions of employment and to set working conditions of Employee. C. Employee desires to accept employment as City Clerk. AGREEMENT 1. Duties During the Term (as hereinafter defined), the Employee shall perform (a) the duties of City Clerk, as such duties are prescribed by the laws of the State of California and the Lake Elsinore Municipal' Code, as the same now exists or as it may be amended subsequently, and all policies adopted pursuant thereto; (b) the duties of the Secretary to the Agency; and (c) such other duties as the City Council or the Agency Board may lawfully assign to the Employee. 2. Term a. The term of this Agreement (the "Term") shall commence on the Effective Date and expire January 31, 2012. b. Employee shall remain in the exclusive employ of Employer throughout the Term, except as provided in Sections 3 and 4. The term "exclusive employ" shall not be construed to include occasional teaching or writing performed in accordance with Section 9 of this Agreement during Employee's personal time so long as such activities do not interfere with the effective performance of Employee's duties as City Clerk. City Clerk Employment Contract Virginia Bloom 011811.doc Page 5 of 11 C. At the request of either party, the Employer and Employee may meet and confer to discuss the extension of the Term at any time prior to January 31, 2012. 3. Termination or Removal by Employer a. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate or remove the Employee as City Clerk at any time, subject only to the provisions set forth herein. b. In the event Employee is terminated by the Employer prior to the expiration of the Term, Employer shall provide, at its election, one of the following: (i) two months advance written notice under which Employee shall continue her duties as City Clerk at the same rate of pay and benefits; or (ii) immediate termination of Employee's duties and Employer shall provide (A) severance compensation equal to the lesser of: (1) two months salary at the then current rate of pay or (2) salary for the remainder of the Term (the "Severance Date"), and, (B) continued dental and vision benefits through the end of the calendar month in which the Severance Date occurs and medical benefits through the end of the calendar month following the month in which the Severance Date occurs. The severance consisting of salary and any accrued leave time as provided in Section 7 shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. C. Subject to the applicable provisions of Government Code Section 54957, the decision to terminate or not renew this Agreement shall be made in closed session and confirmed in a public meeting. d. Employee may choose to resign her office instead of being terminated if a decision by the Employer to terminate has been made inclosed session. In such an event, the provisions set forth in Section 3, paragraph b remain applicable. e. In the event that termination is the result of Employee's breach of a material term of this Agreement, misconduct or any illegal acts by Employee, including but not limited to the acts described below, the provisions of Section 3, paragraphs b, c and d shall not be applicable, unless otherwise determined by the Employer: (1) the release of privileged documents or information without authorization; (2) malfeasance, dishonesty for personal gain, moral turpitude, willful or corrupt misconduct, misuse of public funds, abuse of office or other public officer crime, or conviction of any felony; or (3) willfully causing damage to public property or willfully wasting public supplies; or (4) specific acts or conduct which bring scandal or disrepute to the City; or (5) insubordination, which shall mean the willful refusal to obey lawful directions of the Employer; or (6) absence without leave. City Clerk Employment Contract Virginia Bloom 011811.doc Page 6 of 11 Employee Resignation a. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position as City Clerk, subject only to the provisions set forth in Section 4, paragraph b, and the requirements set forth hereinbelow. b. Unless otherwise agreed to by the Parties, in the event Employee desires to voluntarily resign her position with Employer as City Clerk before expiration of the Term, Employee shall give Employer not less than two months advance written notice. 5. Disability Employee shall be entitled to leave due to sickness, accident, injury, mental incapacity or health as required by the Family and Medical Leave Act of 1993, as amended by Section 585 of the National Defense Authorization Act for FY 2008 and as may be subsequently amended. If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period in excess of such period, Employer shall have the option to terminate this Agreement, subject to the requirements of Section 3. 6. Salary Employer agrees to pay Employee for her services in the capacity of City Clerk an annual base salary equal to $65,000.00, payable in installments at the same time as other employees of Employer. Consistent with City Council Policy of 300-11, Employer agrees to automatically increase the base salary of the Employee to reflect the cost of living increases accorded other City employees at the department head level at the same time and manner during the Term. Any additional increase shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 10. 7. Benefits In addition to the salary set forth in Section 6, Employee shall receive benefits commencing on the Effective Date as follows: a. Consistent with other City employees at the department head level, Employee shall be entitled to retirement (PERS), medical insurance (including spouse and dependent children) Medicare, dental insurance (including spouse and dependent children), vision insurance (including spouse and dependent children), long-term disability insurance, worker's compensation, vacation based on the length of Employee's employment with the City, sick leave, administrative leave, and holidays. Employee shall not receive an automobile allowance. City Clerk Employment Contract Virginia Bloom 011811.doc Page 7 of 11 b. In lieu of the standard life insurance coverage provided to employees, Employer shall purchase, for Employee's benefit, term life insurance coverage of $150,000. C. At the time of leaving City employment, Employee will be entitled to compensation for unused accrued vacation, unused accrued administrative leave and unused accrued sick leave in a single lump sum based on Employee's then existing salary rate, consistent with the terms, conditions and "buy back" policies accorded other City employees at the department head level. 8. Hours of Work Employee shall establish an appropriate work schedule' consistent with the City's 9/80 work schedule, provided however, that Employee shall be available as often and for as much time as the position of City Clerk requires. Employee acknowledges that the duties of the City Clerk require regular attendance at night meetings. 9. Outside Activities Employee shall not spend more than five (5) hours per week, unless on approved leave, for purposes of teaching, counseling or other non-employer connected business without the prior approval of the Employer. 10. Performance Evaluation Employer shall annually review the performance of the Employee in the month of January. A mid-term performance review shall be conducted upon the request of either party. The performance review process shall include the opportunity for both parties to meet and discuss the performance of Employee and to establish goals, objectives and/or performance standards as _appropriate. Within 15 days of the evaluation meeting, Employer shall provide Employee a written summary of the performance evaluation. 11. Tuition Reimbursement Employee agrees to maintain her notary and Certified Municipal Clerk certifications current during the Term. Employee shall be entitled to tuition reimbursement for any required continuing education related to such certifications. Additionally, Employee shall be entitled to `tuition reimbursement consistent with other City employees, subject to approval by the Employer. ` 12. Professional Organizations and Other Business Expense Subject to the Lake Elsinore Municipal Code and the City's annual budget allocations, Employer shall reimburse the Employee for all actual and necessary employment-related expenses including, but not limited to, miscellaneous City Clerk department expenses, professional dues and memberships necessary for Employee's continuation and participation in national regional, state and local associations and organizations, subscriptions to the publications of professional organizations, registration fees for training programs offered by such organizations, and incidental costs relating to attendance at such programs or the conferences and meetings of such organizations City Clerk Employment Contract Virginia Bloom 011811.doc 4 Page 8 of 11 including travel, taxi or auto rental, lodging and meals. Employee shall undertake such activities at her option as necessary and desirable for her continued professional participation, growth and advancement, and for the good of the Employer and such activities shall be considered as part of the Employee's duties. The Employee shall be reimbursed for such other expenses as the Employer shall approve by motion passed by the City Council. Employee shall observe all current and future City policies governing these activities. 13. Indemnification Employer shall defend, save harmless and indemnify' Employee against any tort, 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 Employee's duties as City Clerk. Employer may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. 14. Bonding Employer shall bear the full cost of any fidelity ,or 'other bonds required of the Employee under any law or ordinance. 15. Other Terms and Conditions of Employment The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Lake Elsinore Municipal Code or any applicable law. Unless otherwise specified herein, Employee shall be entitled to benefits granted to Employees covered by the City's general compensation plan for all unclassified and various classified employees. 16. No Reduction of Benefits Employer shall not at anytime during the Term of this Agreement reduce the salary, compensation or other financial benefits of Employee except to the degree of such a reduction across the board for all employees of Employer or for cause as the result of disciplinary , action. 17. Notices Any notice given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to Employer: City of Lake Elsinore Attn: City Attorney 130 South Main Street Lake Elsinore. CA 92530 City Clerk Employment Contract Virginia Bloom 011811.doc Page 9 of 11 If to Employee: Ms. Virginia Bloom, City Clerk 130 South Main Street Lake Elsinore, CA 92530 18. Entire Agreement This Agreement constitutes the complete and exclusive statement of Agreement between the Employer and Employee. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19. Amendments or Extensions This Agreement may be modified, amended or extended only by a written document executed by both Employee and Employer and approved as to form by the City Attorney. 20. Waiver Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,, the remaining provisions of this Agreement shall continue in !full force and effect. 22. Controlling Law Venue This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall, to the extent allowed by law, be held exclusively in a state court in the County of Riverside. 23. Mediation The parties agree to make 'a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS') or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 24. Execution This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. City Clerk Employment Contract Virginia Bloom 011811.doc Page 10 of 11 25. Authority to Enter Agreement Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 26. Representation by Counsel Employee acknowledges that this Agreement has been prepared by Leibold McClendon & Mann, P.C., as City Attorney for the Employer. Employee acknowledges that she has been informed that she is entitled to, and has been advised to seek, separate legal representation, and, accordingly, represents that she either (i) has engaged such counsel in connection with this Agreement, or (ii) has voluntarily' decided to enter into this Agreement without such representation. IN WITNESS WHEREOF the parties have caused this Agreement executed on the date first written above. CITY OF LAKE ELSINORE: LAKE ELSINORE REDEVELOPMENT AGENCY: Mayor Amy Bhutta Chairwoman Melissa Melendez ATTEST: Robert Brady, City Manager/Executive Director) Acting City Clerk/Agency Secretary APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney/Agency General Counsel EMPLOYEE: Virginia Bloom City Clerk Employment Contract Virginia Bloom 011811.doc Page 11 of 11