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HomeMy WebLinkAboutAgenda Report - March 7, 2007 E-07E-7 CITY OF LaID1 COUNCIL COMMUNICATION TM AG1ENSA T4TLE: Adopt Resolution Ratifying Employment Agreement Entered into Between City Manager Blair King and Community Center Director MEETING DATE: March 7, 2007 PREPARED BY: City Manager RECO14MD ACTION: Adopt Resolution ratifying the Terms of the Employment Agreement entered into between City Manager Blair King and Community Center Director James Rodems. BACKGROUND INFORMATION: Lodi Municipal Code Section 2.12.060 vests with the City Manager the power to select subordinate staff. Based upon an open and competitive selection process, which included three interview panels and 12 interviews, the City Manager selected Mr. Jams Rodems to serve as the City's Community Center Director. The City Manager wishes to provide certain terms and conditions related to employment that extend beyond the Manager's authority and therefore require ratification by the City Council. Specifically, the Manager, via the employment agreement, wishes to provide six morxth severance pay if the agreement is terminated prior to its expiration. The proposed employment agreement is a two-year "term" agreement. If the Council approves this agreement, with the exception of Police Chief and Parks and Recreation Director, all other Executive Management employees will have employment agreements, (please see attached chart). FISCAL SACT: The proposed annual salary of $96,528 is well within the salary range. The Agreement allows for an increase after 12 months and a satisfactory performance evaluation of up to five percent. FUNDING: Attachment Blair King, Ci ager APPROVED:— T Bl , City Manager City of Lodi Executive Management Contract Status Position Contract? City Attorney Yes City Clerk Yes City Manager Yes Community Center Director Yes - Proposed Community Development Director Yes Deputy City Manager Yes Electric Utility Director Yes Fire Chief Yes Library Services Director Yes Parks and Recreation Director No Police Chief No Public Works Director Yes RESOLUTION NO. 2007-38 A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING EMPLOYMENT AGREEMENT FOR COMMUNITY CENTER DIRECTOR NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby rectify the Employment Agreement entered into between City Manager Blair King and Community Center Director James Rodems, as shown on Exhibit A attached hereto. Dated: March 7, 2007 I hereby certify that Resolution No. 2007-38 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 7, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, and Mayor Johnson NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ANDI JOHL City Clerk EXHIBIT Al EMPLOYMENT AGREEMENT Executive Management Exempt Service Community Center Director THIS AGREEMENT entered into on March 7, 2007, by and between the CITY OF LOU, a municipal corporation (hereinafter referred to as "City") and James Rodems, an individual (hereinafter referred to as "Employee"). WHEREAS. City desires to employ the services of Employee as Community Center Director; and WHEREAS,. Employee desires to serve as Community Center Director for the City beginning March 12. 2007; and WHEREAS. City and Employee agree in writing to the terms and conditions of employment as Community Center Director; and WHEREAS. Employee and City agree and acknowledge that Employee's employment as Community Center Director is his sole and exclusive employment with City, and that their employment relationship is governed solely and exclusively by this Agreement. NOW. THEREFORE, in consideration of the promises and conditions set forth herein, the parties mutually agree as follows: 1. Emvloywat-. City agrees to employ Employee as Community Center Director, in accordance with the following provisions: (a) Employee shall serve as Community Center Director, and shall be responsible for managing and directing the operations of the Community Center Department/Hutchins Street Square in accordance with an agreed upon performance plan. (b) Employee shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City. (c) Employee shall not engage in any activity which is or may become a conflict of interest, prohibited contract, or which may create an incompatibility of office as defined under California law. Employee shall comply fully with his repotting and disclosure obligations under regulations promulgated by the Fair Political Practices Commission (FPPC). (d) Employee agrees to remain in the exclusive employ of the City during the term of this Agreement. Employee shall dedicate his full energies and qualifications to his employment as Community Center Director, and shall not engage in any other employment except as may be specifically approved in writing in advance by the City Manager. 2. l Uinten a of Wfessioaaal Expertise: To promote continued professional growth and benefit to the City, Employee shall, at City expense and consistent with budgetary constraints: maintain membership in professional organizations related to facilities administration, Parks and Recreation, and related professional disciplines; attend workshops, seminars and other similar activities designed to advance Employee's professional development; and, represent the City in professional associations and other organizations. 3. Term: The term of the Agreement shall be for a period of two (2) years, commencing March 12, 2007 until terminated by either party in accordance with the provisions set forth in Paragraph 4, or until tem'nated by the event of the death or permanent disability of Employee. The Agreement may be renewed, without amendment by the City Manager and Employee, or with amendment by the parties (i.e. with Council consent), no later than eighteen (18) months after commencement of Employee's employment with City. 4. R i�gnat a or�Temingtion: (a) Ertjrp� loyee may resign at any time and agrees to give City at least 30 days advance written notice of the effective date of his resignation. In such event, Employee shall not be entitled to severance pray as provided in Paragraph 5 herein. (b) The parties recognize and affirm that Employee may be terminated by the City Manager with cause, which shall mean gross insubordination, incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or involving personal gain to him, or material breach of this Agreement. In such event, Employee shall not be entitled to severance pay as provided in Paragraph 5 herein. (c) The parties recognize and affirm that Employee may be terminated by the City Manager without cause. In such event. Employee shall be entitled to severance pay as provided in Paragraph 5 herein. (d) In the event of termination and in recognition of Employee's professional status and integrity, Employee and the City Manager shall prepare a joint public statement to be made by the City Manager. This employment relationship is based on the mutual respect between the parties and a desire to maintain the highest degree of professionalism. In communicating with third parties about the parties' employment relationship and the circumstances under which it may have been severed, the parties shall (a) protect and advance their mutual respect and professionalism, and (b) refrain from making statements that would negatively impact either parry. (e) Employee may choose to resign or retire his office instead of being terminated if agreed to by the City Manager. In such an event the public announcement, as provided for in Paragraph 4 (d) above, will note Employee has resigned or retired. The provisions of Paragraph 4 (d) shall remain applicable. 5. Severan% ay. If Employee is terminated by the City Manager without cause while still willing and able to perform the duties of Community Center Director, City agrees to pay Employee a cash payment equal to six (6) months' aggregate salary and the City's cost of six (6) months' health insurance benefits subject to reduction as set forth in this Paragraph 5. The severance payment will be paid over time at the same time as other employees of the City are paid and subject to customary withholdings. In the event Employee retains new employment -2- du -ring the six month severance period, any remaining severance payment will be forfeited as of the date Employee begins his new Employment. To be eligible for such severance pay, Employee shall fulfill all of his obligations under this Agreement, and shall sign an Acknowledgment and Rtlease of Claims against the City. Payment under this paragraph will release City from any further obligations under this Agreement, or any other transaction between the parties. 6. EgiplovEXnt as I}apartment Head is S rtl EwWoyM1nt with City: Employee furtber represents and acknowledges that his employment as Community Center Director is his sole and exclusive employment with the City. Employee has no right to any other exempt position with the City, or to any employment in the classified service. 7. S arv: (a) City agrees to pay Employee $96,528 in salary per annum for his services, payable in installments at the same time as other employees of the City are paid and subject to customary withholding. (b) Thereafter, a salary increase of up to five percent (5%) may be granted by the City Manager after the first twelve (12) months of employment with a sati'sfaetory performance evaluation. 8. Bene s: The City shall provide Employee the same benefits as provided -to management employees in accordance with the terms of the Executive Management Statement of Benefits dated 1998 and as they may be amended, increased or decreased, except as modified herein. These are the sole and exclusive benefits to be provided to Employee. Any improvement or modification of such benefits may only be made by written instrument signed by the City Manager. As used herein, benefits include, but are not limited to: vacation, sick leave, holidays, administrative leave, retirement, vision insurance, health insurance, dental insurance, long term disability insurance and life insurance. Employee will also earn and accumulate sick leave and vacation as provided in the Executive Management Statement of Benefits. 9. Perfox Ace Evaluation: The City Manager shall review and evaluate the performance of Employee each year and set goals and objectives for the ensuing year. Such review and evaluation shall be in accordance with specific criteria developed in the performance plan in consultation with Employee and the City Manager. 10. AniQnrnjpt: Employee shall not assign any of the duties and responsibilities, or obligations of this Agreement except with the express written consent of the City Manager. 11. A jthoftte Work in the United States: Employee represents, under penalty of perjury, that he is authorized to work in the United States. In accordance with §274A (8 USC 1324) of the Immigration Reform and Control Act of 1986 before this Agreement can become effective, Employee must provide documentary evidence to City consistent with the Act, that he is legally entitled to work in the United States, and must execute the verification required by that Act. - 3 - 12. CeV Ploneyjbicle: Employee will be provided with a Cell Phone for employment related use at the City's expense on terms consistent with other Executive Managers. Employee will also be provided with access to the Administration Pool Car for work related use on an' as available basis. 13. Reserved 14. Notice; All notices required herein shall be sent first class mail to the parties as follows: To CITY: City of Lodi P. Q. Box 3006 Lodi, CA 95241-1910 To EMPLOYEE: James Rodems 1911 Arena Drive Davis, CA 95618 Notice shall be deemed effectively served upon deposit in the United States mail. Either parry may change the address notices are to be sent to them by notifying the other party in writing of such change. 15. EutWe A -rKM jgt: This Agreement contains the entire agreement between the parties hereto. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied on by any party hereto. This Agreement may only be amended by written instrument signed by Employee and the City Manager and specifically approved by the City Council in open session. I CONTINUED ON NEXT PAGE; -4- 16. eve b' ' ; if any provision of this Agreement is invalid or unenforceable, it shall be considered detted herefrom and the remainder of this Agreement shall be unaffected and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year wriiten above. EMPLOYEE James Rodems CI'T'Y OF LODI, a municipal corporation By. Blair King City Manager ATTEST: By: Randi Sohl City Clerk APPROVED AS TO FORM: Stephen D. Schwabauer City Attorney - 5 -