HomeMy WebLinkAboutResolutions - No. 2012-189RESOLUTION NO. 2012-189
A RESOLUTION OF THE LODI CITY
COUNCIL RATIFYING EMPLOYMENT
AGREEMENT FOR PARKS, RECREATION
AND CULTURAL SERVICES DIRECTOR
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
ratify the Employment Agreement entered into between City Manager Konradt Bartlam
and Parks, Recreation and Cultural Services Director Jeffrey L. Hood as shown on
ExhibitA attached hereto.
Dated: November 21, 2012
hereby certify that Resolution No. 2012-189 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 21, 2012, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Nakanishi
NOES: COUNCIL MEMBERS — Mayor Mounce
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS—None
RANDI JOHL
City Clerk
2012-189
E X
EMPLOYMENT AGREEMENT
Executive Management
(Exempt Service)
Parks Recreation and Cultural Services Director
THIS AGREEMENT entered into on November 21, 2012, by and between the CITY OF
LODI, a municipal corporation (hereinafter referred to as "City") and Jeffrey L. Hood, an
individual (hereinafter referred to as "Employee").
WHEREAS, Employee desires to be employed as Parks, Recreation and Cultural
Services Director ("PRCS Director') and City desires to employ the services of Employee as
PRCS Director; and
WHEREAS, City and Employee agree in writing to the terms and conditions of
employment as PRCS Director; and
WHEREAS, Employee and City agree and acknowledge that Employee's employment
as PRCS 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. Employment: City agrees to employ Employee as PRCS Director, in
accordancewith the following provisions:
(a) Employee shall serve as PRCS Director, and shall be responsible for
managing and directing the operations of the Parks, Recreation and Cultural Services
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 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 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 PRCS Director, and shall not engage in any other employment except as may
be specifically approved in writing in advance by the City Manager.
2. Start Date: Employee shall begin work as PRCS Director on November 26,
2012.
3. Maintenance of Professional 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 Parks, Recreation
and Cultural Services administration and related professional disciplines; attend workshops,
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seminars and other similar activities designed to advance Employee's professional
development; and, represent the City in professional associations and other organizations.
4. Resignation 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 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 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. In such event, Employee shall not be
entitled to severance pay as provided in Paragraph 5 herein.
5. Severance Pav: If Employee is terminated by the City Manager without cause
while still willing and able to perform the duties of PRCS 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 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
further obligations under this Agreement, or any other transaction between the parties.
6. Employment as Department Head is Sole Employment with City: Employee
further represents and acknowledges that his employment as PRCS 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.
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7. Salary:
(a) City agrees to pay Employee $118,224.00 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. The City
may reduce base salary compensation or other financial benefits of
Employee as part of general salary reduction in pay among and
common to all City employees.
(b) City agrees to maintain a minimum ten percent (10%) salary
differential between Employee and the PRCS Department's nexl
highest paid executive or mid manager, including incentive pay. In
addition, the City Manager will have discretion to grant up to a five
percent (5%) salary increase twelve months after the execution of this
Agreement, subject to a satisfactory 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 2012, and as may from time to time 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, and life insurance. Employee's vacation leave shall be calculated
from Employee's initial hire date in his prior position as Management Analyst.
9. Performance 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. Assignment: 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. Authority to Work in the United States: Employee represents, under penalty
of perjury, that she 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 consistentwith the Act,
that she is legally entitled to work in the United States, and must execute the verification
required by that Act.
12. Cell Phone: Employee will be provided with a Cell Phone for employment
related use at the City's expense on terms consistentwith other Executive Managers.
follows:
13. Notice: All notices required herein shall be sent first class mail to the parties as
To CITY: City of Lodi
Attn: City Manager's Office
P. O. Box 3006
Lodi, CA 95241-1910
To EMPLOYEE: Jeffrey L. Hood
868 Bernal Rd
Galt, CA 95623
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Notice shall be deemed effectively served upon deposit in the United States mail. Either party
may change the "Notice" address by notifying the other party in writing of such change.
14. Entire 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.
15. 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.
EMPLOYEE
By:
JEFFREY L. HOOD
CITY OF LODI, a municipal corporation
By:
ATTEST:
By:
RANDIJOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
JANICE D. MAGDICH
Deputy City Attorney
By
KONRADT BARTLAM
City Manager