HomeMy WebLinkAboutResolutions - No. 2006-11RESOLUTION NO, 2006-11
A RESOLUTION OF THE LODI CITY COUNCIL
RATIFYING THE EMPLOYMENT AGREEMENT
ENTERED INTO BETWEEN CITY MANAGER
AND ELECTRIC UTILITY DIRECTOR
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
ratify the Employment Agreement entered into between City Manager Blair King and
Electric Utility Director George Morrow, as shown on Exhibit A attached hereto, and
does establish a new control point for the Electric Utility Director of $140,386.
Dated: January 4, 2006
hereby certify that Resolution No. 2006-11 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 4, 2006, by the following
vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — Mounce
ABSENT; COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLACKON
City Clerk
2006-11
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EMPLOYMENT AGREEMENT
Executive Management
Exempt Service
Electric Utility Director
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EXHIBIT Ai
THIS AGREEMENT entered into on January 4, 2006, by and between the CITY OF
LODI, a municipal corporation (hereinafter referred to as "City") and George F. Morrow, an
individual (hereinafter referred to as "Employee"),
WHEREAS, City desires to employ the services of Employee as Electric Utility
Director; and
WHEREAS, Employee desires to serve as Electric Utility Director for the City
beginning January 23, 2066; and
WHEREAS, City and Employee agree in writing to the terms and conditions of
employment as Electric Utility Director; and
WIYEREAS, Employee and City agree and acknowledge that Employee's employment
as Electric Utility 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. jamparrjsz.t. City agrees to employ Employee as Electric Utility Director, in
accordance with the following provisions:
(a) Employee shall serve as Electric Utility Director, and shall be responsible
for managing and directing the operations of the Electric Utility Department 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 ail
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 reporting 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 Electric Utility Director, and shall not engage in any other employment except as
may be specifically approved in writing in advance by the City Manager.
tee o rofna 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 city utility
administration 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 January 23, 2006, until terminated by either party in accordance with the provisions
sot forth in Paragraph 4, or until terminated 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. lietvglien Tirminatfonr.
(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. ID 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, whieh shall mean gross insubordination, incapacity, derelietion 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 partes 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 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 (d) shall remain applicable.
5.
.....e, ?ay If Employee is terminated by the City Manager without cause
while still willing and able to perform the duties of Electric Utility Director, City agrees to pay
Employee a cash payment equal to six (6) months' aggregate salary and the City's cost of six (6)
monthshealth 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
during the six month severance period, any remaining severance payment will be forfeited as of
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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
Acknowledeeent and Release of Claims against the City, Payment under this ; ;ph will
• release City ftorn any further obligations under this Agreement, or any other transaction between
•the parties.
• 6. Feeneepleyment as Denartment flead s Steleamployment with City: Employee
further represents and acknowledges that his employment as Electric Utility 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 m the classified service.
7. So
a. City agrees to pay Employee $144„425 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 seven percent (7%) may be granted by
the City Manager after the first twelve months of employment with a
satisfaetory performance evaluation,
8. Benefits: 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's vacation leave shall be calculated as if
Employee was in his sixth year of employment (Le., Employee shall accrue fifteen days of
vacation per year increasing from there as provided in the Executive Management Statement of
Benefits.) Employee will also earn and accumulate sick leave and vacation as provided in the
Executive Management Statement of Benefits.
9. ferformanee 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 perfortnanee
plan in consultation with Employee and the City Manager.
10, Assignment: Employee shall not assign any of the duties and responsibilities, Of
obligations of this Agreement except with the express written consent of the City Manager.
Authority to Work in the United States: Employee represents, under penalty of
perjury, that he is authorized to work M 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.
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12. C1 Plo e 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. Relocation ExpensLs: City agrees to pay Employee up to $3,000 for costs
related to relocations, including, but not limited to, moving expenses and temporary housing,
Payment win he made upon a reimbursement basis upon submission of receipts. In the event
that Employee voluntarily terminates his employment with the City within twenty four (24)
months of this Agreement, Employee shall reimburse the City for any expenses actually
reimbursed to him under this paragraph,
14. Notice: All notices required herein shall be sent first class mail to the parties as
follows:
To CITY:
To EMPLOYEE:
City of Lodi
• P. 0. Box 3006
Lodi, CA 952414910
George Morrow
1604 Dickinson Rd.
Independence MO 64050
Notice shall be deemed effectively served upon deposit in the United States mail. Either party
may change the address notices are to he sent to them by notifying the other party in writing of
such change.
1$. 'Entke_Agreernent: 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.
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16. St verabilltyi 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 patties have executed this Agreement the day and year
written above.
ATTEST:
By:
CITY OF Lop', a municipal corporation
By;
Blair King
City Manager
Susan alackston
Pity Clerk
APPROVED AS TO FORM:
Steve cliwatiatier
City Attorney
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