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HomeMy WebLinkAboutResolutions - No. 2005-186RESOLUTION NO. 2005-186 A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE EMPLOYMENT AGREEMENT ENTERED INTO BETWEEN CITY MANAGER AND COMMUNITY DEVELOPMENT DIRECTOR NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby ratifies the Employment Agreement entered into between City Manager Blair King and Community Development Director Randall Hatch, as shown on Exhibit A attached hereto. Dated: September 7, 2005 I hereby certify that Resolution No. 2005-186 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 7, 2005, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, and Mayor Beckman NOES: COUNCIL MEMBERS - Mounce ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None SUSAN J. BLACKSTON City Clerk 2005-186 EXHIBIT A EMPLOYMENT AGREEMENT Executive Management Exempt Service Comn nity Development Director TUTS AGREEMENT entered into on August A-5- , 2005 by and between the CITY OF LODI, a municipal corporation (hereinafter referred to as "City") and Randall Hatch, an individual (hereinafter referred 10 as "Employee"), WHEREAS, City desires to employ the services of Employee as Community Development Director; and WHEREAS, Employee desires to serve as Community Development Director for the City beginning September 26, 2005; and WHEREAS, City and Employee agree in writing to the terms and conditions of employment as Community Development Director; and WHEREAS, Employee and City agree and acknowledge that Employee's employment as Community Development Director is his sole and excursive employment with City, and that their employment relationship is governed solely and exclusively by this Agreement. NOW, THEREFOR E, iii considcration of the promises and conditions set forth herein, the parties mutually agree as follows: 1. Employment: City agrees to employ Employee as Community Development Director, in accordance with the following provisions: (a) Employee shall serve as Community Development Director, and shall be responsible for inanagwg and directing the operations of the Community Development Department in accordance with an agreed upon performance plan. (b) Employee shall perform his duties to the best of his ability in accordance with rhe highest professional and ethical standards of the profession and shall comply with all general rules and regulations established by the City. (c) Employee shall riot 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 hiw. Employee shall comply frilly with his reporting and disclosure obligations Ander regulations promulgated by the Fair Political Practices Commission (FPPC). (d) Employee agrees to remain in the excursive employ of the City during the term of this Agreement. Employee shall dedicate his full energies and qualifications to his employment as Community Development Director, and shall not engage in any other employment except as may be specifically approved in writing in advance by the City Manager. Maaintenancc of Professional Experti.s.e: 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 Community Dcveloprnent ;administration and related professional disciplines; attend workshops, seminars and other similar activities destgnud 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 September 26, 2005, until terminated by either party in accordance with the provisions set forth in Paragraph 4, or until terminated by the event of the death or permanent disability of Employee. The Agreement may be renewed, under terrns mutually agreed by the parties, no later than eighteen (18) months after commencement of Employee's employment with City. 4. Resit:JI tion or Termination:, (a) Employee 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 pay 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 tuipitude 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. 't (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 axs 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 thc 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 party. (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 (cf) shaft remain applicable. S. Se.verancc. Paty: If Employee is terminated by the City Manager without cause while still willing and able to perform the duties of Community Development 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 iii this Paragraph 5. The severance payment will be paid at the same time as other employees of the City are paid and subject to customary withholdings. In the event, Employee retains new employment during 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 Release of Claims against the City. Payment under this paragraph will release City from any ftirtilcr obligations tinder this Agreement, or any other transaction between the parties 6. Employment plovinent ;as Dela aarttnenit. Uead is Sole Et!n_ployment with City: Employee further represents and acknowledges that his employment as Community Development 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. Salary: (a) City agrees to pay Employee $121,800 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. (a) Thereafter, a salary increase of up to five percent (5%) may be granted by the City Manager after twelve (12) months of employment and a satisfactory performance evaluation. 8. Renefits: The City shall provide Employee the saute 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's vacation leave shall be calculated as if Employee was in his sixth year of employment (i.e., Employee shall accrue fifteen days of vacation per year increasing from there as provided in the Executive Management Statement of Benefits.) Moreover, Employee shall be granted 12 days of sick leave and 5 days of vacation leave immediately upon the execution of this A ;reement. Any unused balance of sick leave and vacation leave resulting from the initial allocation at the end of Employee's first year of employment will be forfeited and removed from Employee's sick leave and vacation leave balances. Employee will also earn and accumulate sick leave and vacation as provided in the Executive Management St atewenii of Benefits. 9. Performance Evaahiniion: Tlx: City Manager shall review and evaluate the performance of F mployce each year and set goals and objectives for the ensuing year. Such review and evaluation shall be in accc,,rdaancc with specific criteria developed in the performance plan in consultation with Employee and the City Manager. 10. A si nmeni: Employee shall not assign atny of the duties and responsibilities, or obligations of this Agreement except with the express written consent oldie City Manager. 11. Authority ttl-.,Work in t,ltc,.thtilcd States: Employee represents, under penalty of pcijury, 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. 12. Cctf Phone/Vebicle: Employee will be provided with a Cell Phone for employment related use at the City's expense on terms consistent with other Executive Managers. lmployce will also he provided with ace:: ss to the Community Development Pool Car for work related use on an as available basis. 13. follows: NntieesP All notices required herein shall be sent first class mail to the parties as To CITY: To EMPLOYEE; City of Lodi P. O. Box 3006 Lodi, CA 95241-1910 Randall Hatch 7505 Oalccreek Drive Stockton, CA 95207 Notice shall be deemed effectively served upon deposit in the United States mail. I4. _Ettti.re Agreement, 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. 1 5. Severability: If any provision of this Agreement is invalid or unenforceable, it shall be considered deleted 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 written above. Randall I -latch ATTEST: By: CJTY OF LODI, a municipal corporation By: — fl Blair King, Cit.4anager APPROVED AS TO • ODM: Susan Blacks1ot , Clerk - 4 - clbauet; Attorney