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HomeMy WebLinkAbout4.19 Second Amend to Agmt City - C. Foss STAFF REPORT CITY COUNCIL DATE:August 16, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Employment Agreement Amendment for the City Manager Prepared by: Agency Negotiating Team (Councilmembers Hart and Wehrenberg) EXECUTIVE SUMMARY: On March 1, 2016, the City Council appointed an Agency Negotiating Team, consisting of Councilmembers Hart and Wehrenberg, to meet with the City Manager to discuss terms and conditions of employment. This report outlines the Agency Negotiating Team’s recommendation that the City Council approve an amendment to the employment agreement with Christopher L. Foss. Included in the City’s Personnel System are resolutions that address the salary ranges for full-time and part-time personnel. The attached resolution (Attachment 1) is a proposed amendment to the City Salary Plan for full-time personnel that would revise the salary for the position of City Manager, effective April 25, 2016. STAFF RECOMMENDATION: That the City Council approve, by motion, the Second Amendment to the Agreement Resolution between the City of Dublin and the City Manager, and adopt the Amending the Salary Plan. FINANCIAL IMPACT: Sufficient funding is available in the Fiscal Year 2016-17 Budget and the Fiscal Year 2017-18 projection. DESCRIPTION: On March 1, 2016, the City Council appointed an Agency Negotiating Team, consisting of Councilmembers Hart and Wehrenberg, to meet with the City Manager to discuss terms and conditions of employment. As a result of those subsequent discussions, the City’s Agency Negotiating Team is recommending that the City Council approve an amendment to the employment agreement with the City Manager. Following are the proposed amendments: Page 1 of 3 1. Increase the City Manager’s base salary from $20,818 per month to $21,859 per month. The revision in the base pay would be effective April 25, 2016. 2. Maintain the City Manager’s allowance of 33 days of general leave and allow the City Manager to elect annually to be compensated for any unused general leave granted the previous year not to exceed 144 hours. The City agrees to reevaluate the provisions of this section following the annual review in 2017. 3. Beginning on the anniversary of the Appointment Date of 2016, or April 25, 2016, and every anniversary of the Appointment Date thereafter, the number of months used to calculate the amount of the Severance Payment shall be increased by one (1) month, except that in no event shall the total number of months used to calculate the Severance Payment exceed eighteen (18) months. 4. In addition, in accordance with Government Code section 53261, the City shall reimburse the City Manager for the premiums for the City Manager’s medical and dental insurances for a period following the effective date of termination equal to the number of months then being used to calculate the amount of the Severance Payment under Section V.C.1. at the rates in effect on such dates, provided that such reimbursements will terminate upon the City Manager’s retirement or when the City Manager finds other employment so long as the other employment includes paid coverage for medical and dental insurance. Except for the amendments proposed, all other portions of the Agreement shall remain in full force and effect. Salary Plan Amendment Included in the City’s personnel system are Resolutions that address salary ranges for full-time and part-time personnel. The attached Resolution (Attachment 1) amends the City’s Salary Plan for full-time personnel, which establishes the salary for the position of City Manager effective April 25, 2016, in conformity with the proposed contract amendment. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Amending the Salary Plan 2. Second Amendment to Agreement Between the City of Dublin and City Manager 3. First Amendment to Agreement Between the City of Dublin and City Manager 4. Agreement Between the City of Dublin and City Manager Page 2 of 3 Page 3 of 3 RESOLUTION NO. - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE SALARY PLAN WHEREAS , in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 86-01 and subsequent Resolutions which comprise the Salary Plan. NOW, THEREFORE, BE IT RESOLVED that the position of City Manager shall be covered under Article I, Section A of the Plan: BE IT FURTHER RESOLVED that said position shall be paid a flat monthly rate within the salary plan as follows: City Manager (Contract): $21,859 (flat rate) BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective April 25, 2016. th PASSED, APPROVED AND ADOPTED this 16 day of August, 2016. AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk ATTACHMENT 1 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND CHRISTOPHER L. FOSS FOR EMPLOYMENT AS CITY MANAGER th This SECOND AMENDMENT is made and entered into this 16 day of August, 2016, by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the “CITY”, and CHRISTOPHER L. FOSS, hereinafter referred to as “CITY MANAGER”. Recitals A. CITY and CITY MANAGER are parties to an Employment Agreement, dated February 18, 2014 (the “AGREEMENT”). B. The AGREEMENT was amended on June 2, 2015 to increase CITY MANAGER’S base salary. C. Following the Annual Performance Evaluation of CITY MANAGER that commenced on March 1, 2016 and included the appointment of a City Council subcommittee, the parties desire to amend the AGREEMENT to increase CITY MANAGER’S base salary. D. The parties also wish to adjust CITY MANAGER’S leave allowance and severance pay. NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree to amend The Agreement as follows: 1. Section III.A.1. (a) of the Agreement is amended to read as follows: “(a) Commencing on April 25, 2016, the salary for the position of City Manager shall be $21,859 per month. The City agrees to reevaluate the salary following the performance evaluation described in Section II.D.2 (a) above.” 2. Section III.B.2. (a) of the Agreement is amended to read as follows: “(a) City Manager shall receive thirty-three (33) days of general leave on April 26, 2014, May 1, 2015 and each May 1 thereafter so long as the Agreement remains in effect. Such leave shall be subject to the same rules applicable to the miscellaneous general City employees, including maximum accruals, except that annually on April 26 each year, City Manager may elect to be compensated for any unused general leave ATTACHMENT 2 granted the previous year not to exceed 144 hours. The City agrees to reevaluate the provisions of this section following the annual review in 2017.” 4. Section V. C. of the Agreement is amended to read as follows: “1. In the event the that the City Council terminates the City Manager’s employment for reasons other than for “cause” as further defined under subparagraph D below, the City shall pay to the City Manager a Severance Payment. The Severance Payment shall be equal to twelve (12) months of the base salary on the effective date of termination. Beginning on the anniversary of the Appointment Date of 2016, or April 25, 2016, and every anniversary of the Appointment Date thereafter, the number of months used to calculate the amount of the Severance Payment shall be increased by one (1) month, except that in no event shall the total number of months used to calculate the Severance Payment exceed eighteen (18) months. In the event that the City is obligated to make the Severance Payment, the amount shall be paid to the City Manager, at the City Manager’s option, in either equal monthly installments commencing on the 10th work day following the date of termination or in a lump sum. Notwithstanding anything to the contrary in the foregoing, the Parties agree that in no event shall the City Manager receive a cash settlement upon termination of this Agreement in excess of the maximum cash settlement authorized by subdivision (a) of Government Code section 53260.” “2. In addition, in accordance with Government Code section 53261, the City shall reimburse the City Manager for the premiums for the City Manager’s medical and dental insurances for a period following the effective date of termination equal to the number of months then being used to calculate the amount of the Severance Payment under Section V.C.1. at the rates in effect on such dates, provided that such reimbursements will terminate upon the City Manager’s retirement or when the City Manager finds other employment so long as the other employment includes paid coverage for medical and dental insurance.” 3. Except as amended herein, The Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By: _________________________ _________________________ Mayor David Haubert Christopher L. Foss ATTACHMENT 2 ATTEST: ______________________________ Caroline Soto, City Clerk 2690872.2 ATTACHMENT 2 FIRST AMENDMENT TO AGREEMENT BETWEENCITY OF DUBLIN AND CHRISTOPHER L. FOSS FOR EMPLOYMENT ASCITY MANAGER This FIRST AMENDMENT is made and entered into this 2nd day of June, 2015, by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the CITY", and CHRISTOPHER L. FOSS, hereinafter referred to as "FOSS". Recitals A. CITY and FOSS are parties to an Agreement toemploy FOSS as City Manager, dated February 18, 2014 ("the Agreement"). B. The partiesnow desire following the AnnualPerformance Evaluation that commenced on March 17, 2015, with the appointment of a City Council subcommittee to amend the agreement to increase FOSS's base salary payable pursuant to the Agreement. NOW, THEREFORE, in consideration of themutual promises, conditions and covenants herein contained, the parties agree to amendThe Agreement as follows: 1. Section III.a.1. (a) of the Agreement is amended to readas follows: a) Commencing on April 26, 2015, thesalary for the position of City Manager shall be 20,017 per month. If the Council adopts the anticipatedOrdinancetoAmend theCity's RetirementContract with CaIPERSapproving employee sharing additional costsprior to July 1, 2015, the salary shall be adjusted on July 1, 2015 to be $20,818 per month. The City agreesto reevaluate the salaryfollowing the performance evaluationdescribed in Section II.D.2 (a) above." 2. Except as amended herein, The Agreement shall remain in full force and effect. IN WITNESSWHEREOF, the partieshereto have executed this AGREEMENT in duplicate at Dublin, California, theday and yearfirst above written. CITY OF DUBLIN By: Mayor David Haub hristopher L. Foss AU T: Grp g6 Caroline P. Soto, City Clerk/Records Manager