HomeMy WebLinkAbout4.18 Third Amendment to the City Manager’s Employment AgreementAgenda Item 4.18
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STAFF REPORT
DUBLIN CITY COUNCIL
CALIFORNIA
DATE:
TO:
FROM:
SU B,ECT:
,June 6, 2023
Honorable Mayor and City Councilmembers
Agency Negotiating Team (Mayor Hernandez and Councilmember Hu)
Third Amendment to the City Manager's Employment Agreement
EXECUTIVE SUMMARY:
The City Council will consider approving the Third Amendment to the City Manager's Employment
Agreement to change the base salary by five percent.
STAFF RECOMMENDATION:
Approve and authorize the Mayor to execute the Third Amendment to the City Manager's
Employment Agreement.
FINANCIAL IMPACT:
Sufficient funding is available in the Fiscal Year 2022-23 Budget.
DESCRIPTION:
On March 7, 2023, the City Council appointed an Agency Negotiating Team, consisting of Mayor
Hernandez and Councilmember Hu, to meet with the City Manager to discuss terms and conditions
of employment. As a result of those discussions, the City's Agency Negotiating Team, after
consulting with the City Council in closed session, is recommending that the City Council approve
an amendment to the City Manager's employment agreement, to be effective May 1, 2023. The sole
change is to the base salary, an increase of five percent.
Section III.A.1(a). of the Agreement will be amended to read as follows:
"(a) Effective May 1, 2023, the salary for the position of City Manager shall be
$27,620 per month. Beginning July 1, 2021 and each July 1 thereafter during the Initial Term as
defined in Section VI.A.1), the then -existing salary shall be increased (but not decreased) by the
percentage change between February of the then -prior year and February of the then --current
year in the consumer product index for urban wage earners and clerical workers in San Francisco -
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Oakland -Hayward, California. Notwithstanding anything to the contrary, any automatic increase
implemented pursuant to the foregoing sentence shall not be less than 0.5% nor more than 3.5%.
The City agrees to reevaluate the salary after each performance evaluation following the initial
performance evaluation described in Section II.D.2(a) above."
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Third Amendment to City Manager's Employment Agreement
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Attachment I
THIRD AMENDMENT TO
AGREEMENT BETWEEN CITY OF DUBLIN
AND
LINDA SMITH
FOR EMPLOYMENT AS CITY MANAGER
This Third Amendment is made and entered into this 6th day of June, 2023 by and
between the City of Dublin, California, a municipal corporation and general law (the "City"),
and Linda Smith, an individual (the "City Manager").
Recitals
A. City and City Manager are parties to an Employment Agreement, dated November
5, 2019 (the "Agreement").
B. On June 1, 2021, the City Council approved an amendment to the Employment
Agreement to make adjustments to the salary, management leave and deferred
compensation.
C. On September 6, 2022, the City Council approved a second amendment to the
Employment Agreement to extend the removal period following an election for
membership on the City Council.
D. The Parties desire to amend the Agreement, effective May 1, 2023, to increase the
base salary of the City Manager.
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) Effective May 1, 2023, the salary for the position of City Manager
shall be $27,620 per month. Beginning July 1, 2021 and each July 1 thereafter during the
Initial Term (as defined in Section VI.A.1), the then -existing salary shall be increased (but not
decreased) by the percentage change between February of the then -prior year and February
of the then --current year in the consumer product index for urban wage earners and clerical
workers in San Francisco -Oakland -Hayward, California. Notwithstanding anything to the
contrary, any automatic increase implemented pursuant to the foregoing sentence shall not
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be less than 0.5% nor more than 3.5%. The City agrees to reevaluate the salary after each
performance evaluation following the initial performance evaluation described in Section
II.D.2(a) above."
2. The foregoing amendments shall become effective on May 1, 2023.
3. Except as amended herein, the Agreement shall remain in full force and
effect, as amended.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment at
Dublin, California, the day and year first above written.
City City Manager
By:
Mayor Melissa Hernandez Linda Smith, City Manager
ATTEST:
Marsha Moore, City Clerk
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