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HomeMy WebLinkAboutID# 15-781 Resolution Appointing Susan Domen as City ClerkCITY OF LADE ULSINORJE IV DIiP:AM IixTREMI: REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: OCTOBER 13, 2015 SUBJECT: Resolution Appointing Susan Domen as City Clerk and Approving an Employment Agreement Recommendation Adopt Resolution No. 2015 -_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPOINTING SUSAN DOMEN AS CITY CLERK AND APPROVING AN EMPLOYMENT AGREEMENT Background The City Council interviewed three (3) finalists from Twenty (20) applicants for the City Clerk position. The City Council unanimously voted to select Susan Domen. In connection with the City Clerk recruitment, the City Council directed the City Attorney to prepare an agreement setting forth the terms under which Susan Domen will serve as the City Clerk. Discussion A draft City Clerk Employment Agreement has been prepared by the City Attorney and is attached for the Council's consideration. The Agreement has been provided to Ms. Domen for review and comment. The major elements of the Agreement include: Annual Salary: $123,322.76 with adjustments based upon annual performance evaluation Term: 4 years, commencing November 16, 2015 City Clerk Appointment and Employment Agreement October 13, 2015 Page 2 Severance: 6 months Benefits: medical, dental and vision insurance, Medicare, long -term disability insurance, worker's compensation, vacation, sick leave, administrative leave, and holidays consistent with City Department Directors Fiscal Impact The salary and benefit costs are included in the current City Clerk Department budget. Prepared by: Barbara Leibold City Attorney Approved by: Grant Yates City Manager Attachment: City Council Resolution 2015 - Draft City Clerk Employment Agreement RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPOINTING SUSAN DOMEN AS CITY CLERK AND APPROVING AN 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 Susan Domen 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 Council hereby appoints Susan Domen as City Clerk, effective November 16, 2015, at such compensation and expense allowance as provided in the Employment Agreement referenced in Section 2 herein. SECTION 2. The City Council hereby approves the City Clerk Employment Agreement by and between the City of Lake Elsinore and Susan Domen in substantially the form presented. The Mayor is hereby authorized to execute the City Clerk Employment Agreement in such final form as approved by the City Council and with such minor revisions as may be approved by the City Attorney. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Elsinore at a regular meeting held on this thirteenth day of October, 2015. ATTEST: APPROVED: Diana Girbn, Acting City Clerk Steve Manos, Mayor APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY CLERK EMPLOYMENT AGREEMENT This City Clerk Employment Agreement ( "Agreement "), dated for identification purposes only as of October 13, 20151 by and between the City of Lake Elsinore ( "City" or "Employer "), and Susan Domen ( "Employee "). RECITALS A. Employer desires to employ the services of Susan Domen as City Clerk of the City of Lake Elsinore. For purposes of this Agreement, references to "City Clerk" shall be deemed to include the positions and duties of the City Clerk as Secretary of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, the Successor Housing Agency, the Lake Elsinore Public Finance Authority land Ethe Lake Elsinore Recreation Authority. B. It is the desire of the City Council of the City of Lake Elsinore ( "City Council ") acting as the legislative body of Employer;; to (1) secure and retain the services of Employee, and (2) memorialize the salary, benefits, and terms and conditions of employment and to set working conditions of Employee. C. Employee has the education, training and experience in local government necessary to fulfill the duties of City Clerk and desires to accept the City Council's appointment as City Clerk of the City of Lake Elsinore. 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 Successor Agency; and (c) such other duties as the City Council may lawfully assign to the Employee. 2. Term a. The term of this Agreement (the "Term ") shall commence on November 16, 2015 and expire November 15, 2019. 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 orwriting 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. C. At the request of either party, the Employer and Employee may meet and confer to discuss the extension of the Term at least six (6) months prior to November 15, 2019 or such later expiration date in the event the Term is hereafter extended. 3. Termination or Removal by Employer City Clerk Employment Contract Susan Domen 100615 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) six 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) six 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 in closed 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; supplies, (3) willfully causing damage to public property or willfully wasting public (4) specific acts or conduct which bring scandal or disrepute to the City; (5) insubordination, which shall mean the willful refusal to obey lawful directions of the Employer; or (6) absence without leave. 2 4. 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) herein below. 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 thirty (30) days advance written notice. 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 Commencing the first pay period including November 16, 2015, Employer agrees to pay Employee for her services an annual salary equal to that designated for a Department Director, Merit Step 1, which annual salary as of November 16, 2015 is $123,322.76, payable in installments at the same time as other employees of Employer. Upon the condition that Employee meets performance expectations in the annual performance review commencing in January 2017 and each year thereafter during the Term as provided in Section 10, Employee's salary shall be automatically adjusted to the next sequential merit step then available to Department Directors. By way of example, if Employee meets performance expectations in the annual performance evaluation in January 2017, Employee will receive an annual salary equal to that designated for a Department Director, Merit Step 2; if Employee meets performance expectations in the annual performance evaluation in January 2018, Employee will receive an annual salary equal to that designated for a Department Director, Merit Step 3. In the event that Employer increases the salary at the merit steps related to Department Directors, Employee shall be entitled to such increase in salary based on her existing merit step level at the same time and manner as the City's other Department Directors. 7. Benefits In addition to the salary set forth in Section 6, Employee shall receive benefits during the Term as follows: a. Consistent with City Department Directors, 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 3 compensation, vacation based on the length of Employee's employment with the City, sick leave, administrative leave, and holidays. Employee shall receive a cell phone allowance unless issued a City cell phone. Employee shall not receive a monthly automobile allowance. City will pay bilingual pay per fiscal year if Employee is eligible. 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 City Department Directors. d. In recognition of the demands of the City Clerk's Office, Employee may, in her professional judgment deem it necessary to work at City Hall or other public facility on her regularly scheduled day(s) off in order to properly administer the duties of her office. In compensation of such time, Employee shall be entitled to accrue compensatory time off on "straight time" basis and utilize such time as paid time off at a later date ( "Executive Compensatory Time "). Notwithstanding anything to the contrary herein, the accrual of Executive Compensatory Time shall not exceed 100 hours. In addition to the payment set forth in subpart (c) of Section 7, at the time of leaving City employment, Employee will be entitled to a lump sum payment based upon Employee's then existing salary rate for unused Executive Compensatory Time not to exceed 100 hours. e. With respect to the scheduling of vacation, administrative leave, floating holidays and /or Executive Compensatory Time, Employee shall reasonably notify the Mayor and Mayor Pro Tern in advance and such scheduling request shall be subject to approval by the Executive Committee (defined below) pursuant to the authority granted in Section 27. 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 and Employee agree that periodic performance evaluations are an important means by which the City Council and Employee may ensure effective communications regarding expectations and performance. During the first year of the 0 Term of this Agreement, Employer shall conduct a "100 -day performance evaluation" in March 2016. Thereafter, Employer shall annually review the performance of the Employee every January; provided, however, a mid -term performance evaluation shall be conducted upon the request of either party. The performance evaluation shall be subject to a process, form, criteria, and format for the evaluation that shall be mutually agreed upon by the Employer and Employee. The process at a minimum 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 up to $3,250 per fiscal year for pre- approved / eligible education courses. 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 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, hold 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 EmplOVment 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 any time 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 If to Employee: Ms. Susan Domen, 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. 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. 27. Executive Committee This Agreement shall be administered by the Mayor and the Mayor Pro Tern (the "Executive Committee ") following approval of this Agreement by the City Council. Whenever a reference is made in this Agreement to an action, finding or approval to be undertaken by the Employer, the Executive Committee is authorized to act on behalf of the Employer unless specifically provided otherwise or the context should require otherwise. The Executive Committee shall have the authority to act on behalf of the Employer so long as such actions do not substantially change the terms and conditions set forth in this Agreement. Notwithstanding the foregoing, the Executive Committee may in their sole and absolute discretion refer any matter to the City Council for action, direction or approval. IN WITNESS WHEREOF the parties have caused this Agreement executed on the date first written above. ATTEST: Diana Girdn Acting City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney M EMPLOYER: CITY OF LAKE ELSINORE Steve Manos, Mayor EMPLOYEE: Susan M. Domen