HomeMy WebLinkAboutResolutions - No. 85-120RESOLUTION NO. 85-120
RESOLVED, that the City Council of the City of Lodi does hereby
approve the Employment Agreement with City Manager Thomas A. Peterson,
dated September 4, 1985, a copy of which is attached hereto, shown as
Exhibit "A" and thereby made a part hereof.
BE IT FUF IEEt RESOLVED, that the City Council of the City of Lodi
does hereby authorize the Mayor and City Clerk to execute the subject
agreement on behalf of the City.
Dated: September 4, 1985
I hereby certify that Resolution No. 85-120 was passed and adopted
City Council of the City of Lodi in a Regular meeting held
September 4, 1985 by the following vote:
AYES: Council Members - Olson, Pinkerton, Reid, Snider,
and Hinc man (Mayor)
NOES: Council Members - None
ABSENT: Council Members - None
ABSTAIN: Council Members - None
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ALICE M. RE7MCHE
City Clerk
85-120
Exhibit A
A G R E E M E N T
THIS AGREEMENT made and entered into this 4th day of
Stenber, 1985, by and between the CITY OF LODI,
CALIFORNIA, a municipal corporation, hereinafter called "CITY",
and THOMAS A. PETERSON, hereinafter called "EMPLOYEE", both of
whom understand as follows:
W I T N E S S E T H:
WHEREAS, EMPLOYEE has been and is now engaged in the
discharge of his duties as City Manager; and
WHEREAS, EMPLOYEE has the duty to exercise administrative
supervision and control over all departments of CITY and to act
as appointing authority of all department heads as provided in
Title II, Section 2.12.060, subsections (B) and (C) of the City
of Lodi Municipal Code; and
WHEREAS, EMPLOYEE has the duty and herein commits to
devote his full time and energies in the best interest of CITY,
and to act in accordance with the duties and responsibilities of
the position of City Manager as set forth in Title 2, Chapter
2.12 of the Lodi Municipal Code; and
WHEREAS, it is the desire of CITY to (1) retain the
services of EMPLOYEE and to provide inducement for him to remain
in such employment; and (2) to make possible full work
productivity by assuring EMPLOYEE'S morale and peace of mind
with respect to future security; and (3) to provide a just means
for terminating EMPLOYEE'S services at such time as he may be
unable to discharge fully his duties due to age, disability, or
because CITY otherwise desires to terminate his employ;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties hereto agree as follows:
1. General
City hereby agrees to continue to employ EMPLOYEE as City
Manager of CITY to perform the functions and duties
specified in Article II of the City of Lodi Municipal
Code, and such other functions and duties as the City
Council shall from time to time assign to him.
2. Base Compensation
CITY agrees to pay EMPLOYEE a base salary of $56,232 per
year, which sum may be adjusted from time to time by
action of the City Council, payable in twenty-six (26)
equal installments at the same time as other City
employees are generally paid.
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4.
0
7.
Deferred Compensation
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In addition to said base compensation, CITY agrees to
deposit annually an amount equal up to three (3) percent
of EMPLOYEE'S base compensation in a deferred compensation
plan approved by CITY on behalf of EMPLOYEE, provided an
equal amount is deposited by EMPLOYEE.
Automobile
To assist and facilitate EMPLOYEE'S duties- and
responsibuilities on behalf of CITY, CITY agrees to
provide EMPLOYEE with an automobile of a type and style
reasonably appropriate to EMPLOYEE's office. All expenses
for the purchase, lease, maintenance, insurance, fuel and
the like shall be paid by CITY.
Dues, Subscriptions, Memberships
CITY shall pay such professional dues, subscriptions and
memberships in such organizations necessary for EMPLOYEE
to maintain professional relationships in appropriate
national, regional, state and local associations and
organizations necessary and desirable for his continued
professional growth and advancement and benefit to CITY.
General Expenses
EMPLOYEE shall be permitted to attend conferences,
seminars, and/or other such meetings, the reasonable cost
of which shall be paid by CITY.
Vacation Leave
EMPLOYEE shall be granted paid vacation leave at the same
rate of accumulation granted all other City employees.
Upon termination or resignation of employment, EMPLOYEE or
those entitled to his estate, shall receive a lump sum
payment for unused or accumulated vacation time to his
credit at his payrate as of the date of termination.
Sick Leave
EMPLOYEE shall be granted sick
accumulation granted all other
EMPLOYEE shall be credited
effective April 1, 1985.
additional sick leave for t
months, after which EMPLOYEE sl
same rate of accumulation
employees.
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leave at the same rate of
City employees, except that
with 12 days sick leave
EMPLOYEE shall earn no
he following twelve (12)
call earn sick leave at the
granted all other City
T
9. Administrative Leave
10.
11.
12.
13.
14.
CITY agrees to grant EMPLOYEE eighty (80) hours of
administrative leave per calendar year, forty (40) hours
of which may be taken in pay.
Holidays
EMPLOYEE shall receive the same number of paid holidays
granted all other City employees.
Retirement
CITY is a full member of the Public Employees Retirement
System (PERS) to which CITY agrees to contribute to
EMPLOYEE'S retirement account the total amount required by
it and EMPLOYEE'S contribution of seven (i) percent to the
membership contract with PERS for each pay period.
Health Insurance
CITY agrees to provide EMPLOYEE and his dependents with
medical, dental, vision, and long term disability
insurance at no premium cost to 01PLOYEE, The amount of
any deductible or co-insurance under CITY'S insurance plan
shall be paid by EMPLOYEE.
Severance Pay
In the event EMPLOYEE is terminated by City Council during
such time that EMPLOYEE is willing and able to perform the
functions and duties of City Manager, then, in that event,
CITY agrees to pay EMPLOYEE a lump sum cash payment equal
to six (8) months' aggregate salary. However, if EMPLOYEE
is terminated because of his conviction of any illegal act
involving personal gain to him, then, in that event, CITY
shall have no obligation to pay the aggregate severance
sum provided in this section.
Employment_ Term
a. EMPLOYEE shall serve as an "at pleasure" appointee of
the City Council.
b. Nothing in this agreement shall prevent, limit or
otherwise interfere with the rights of the City
Council to terminate the services of EMPLOYEE.
C. Nothing in this agreement shall prevent, limit or
otherwise interfere with the right of EMPLOYEE to
resign at any time from his position of City Manager,
subject only to the provisions set forth in Section 15
hereof.
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15
16.
17.
18
Resignation
In the event EMPLOYEE terminates this agreement by
voluntary resignation of his position with CITY, EMPLOYEE
shall not be entitled to severance pay otherwise provided
in Section 13 herein. In the event EMPLOYEE voluntarily
resigns his position with CITY, he shall give CITY at
least forty-five days advance written notice. He shall be
entitled to all earned salary and in -lieu vacation leave.
Other Terms and Conditions
All provisions of the City of
official policies and regulation
relating to vacation, retirement
holidays and other fringe benefits
as they now exist or hereafter may
apply to EMPLOYEE as they would
employees of CITY in addition to
herein.
Severability
Lodi Municipal Code,
s and rules of CITY
system contributions,
and working conditions
be amended, also shall
to other management
said benefits set out
If any provision, or any portion of any provision hereof,
is held to be unconstitutional, invalid, or unenforceable,
the remainder of this agreement, or portion hereof, shall
be deemed severable and shall not be affected, but shall
remain in full force and effect.
Execution
IN WITNESS Wi-IEREOF, the City Council of the City of Lodi
has caused this agreement to be signed and executed in its
behalf by the Mayor, and EMPLOYEE has signed and executed
this agreement as of the day and year first above written.
EMPLOYEE
CITY
00D
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a
y:
City'Manager May r
ATTEST:
City ley�-rlc - -- ----
APPROVED AS TO FORM:
City Attorney
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