HomeMy WebLinkAboutResolutions - No. 2020-140RESOLUTION NO. 2020-140
A RESOLUTION OF THE LODI CITY COUNCIL
APPOINTING JENNIFER CUSMIR TO THE POSITION
OF CITY CLERK PURSUANT TO GOVERNMENT
CODE SECTION 54957, AND APPROVING
EMPLOYMENT SERVICES AGREEMENT
EFFECTIVE JUNE 30, 2020
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
appoint Jennifer Cusmir to the position of City Clerk for the City of Lodi; and
BE IT FURTHER RESOLVED that the City Council hereby approves the
Employment Agreement (attached hereto as Exhibit A), effective June 30, 2020.
Dated: June 30, 2020
I hereby certify that Resolution No. 2020-140 was passed and adopted by the
City Council of the City of Lodi in a special meeting held June 30, 2020, by the following
vote:
AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and
Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2020-140
Exhibit A
CITY CLERK EMPLOYMENT AGREEMENT
This Agreement is made and entered into as of June , 2020, by and between the City of
Lodi, a municipal corporation, hereinafter called "City" and Jennifer Cusmir, hereinafter called
"Employee," both of whom agree as follows:
RECITALS:
It is the desire of the City to retain the services of Employee and to provide inducement for her to
remain in such employment, make possible full work productivity by assuring Employee's
morale and peace of mind with respect to future security, and to provide a just means for
terminating Employee's services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1. GENERAL:
City agrees to employ Employee as the City Clerk of City starting July 27, 2020, and
Employee agrees to perform the functions and duties the City Council shall from time to
time assign to her.
Employee currently holds the designation of Certified Municipal Clerk from the
International Institute of Municipal Clerks. Employee is strongly encouraged to work
towards the Master Municipal Clerk designation and remain actively involved in her
professional association.
2. DUTIES & AUTHORITY:
Employee will:
(a) Perform the functions and duties of a City Clerk as specified in the California
Government Code, City Ordinances, Resolutions, Rules and Regulations and other state
and local statutes;
(b) Perform all legally permissible and proper duties and functions as the City Council
shall assign. Such duties may be modified from time to time upon such terms as are
mutually agreeable to City and Employee;
(c) Be responsible for managing and directing the operations of the City Clerk's office in
accordance with an agreed upon performance plan;
(d) Attend City Council meetings as needed by the City Council; and
City Clerk Employment Agreement
(e) Perform the functions and duties of the City Clerk to the best of her 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.
3. EXCLUSIVE EMPLOYMENT:
(a) Employee has the duty and herein commits to devote her full time and energies in the
best interest of the City, and to act in accordance with the duties and responsibilities of
the position of City Clerk as set forth above.
(b) Employee shall not accept employment from or on behalf of any person, firm,
corporation or entity during the term of this Agreement except as approved in writing
by the City Council. The foregoing shall not be construed to prevent Employee from
performing volunteer community service, provided Employee shall, prior to performing
such services, disclose such anticipated services to the City Council and obtain its
approval. Any approved outside services shall not create nor tend to create a
disqualifying conflict of interest as defined by the California Political Reform Act of
1974, as amended, nor shall such services impair Employee's ability to fully perform
her duties for City hereunder.
4. EMPLOYEE COMMITMENTS:
(a) Specific Tasks and Work Plans — Employee agrees to accomplish specific tasks as
specified and described by the City Council from time to time in a timely and
professional manner. Such specific tasks shall be discussed with Employee and then
adopted by motion by the City Council as frequently as the City Council may choose.
(b) Hours of Work — Employee is an exempt employee who does not accrue compensatory
time off, but is expected to engage in those hours of work which are necessary to fulfill
the obligations of her position. Employee does not have set hours of work as she is
expected to be available at all times. It is recognized that Employee must devote a
great deal of her time outside "normal office hours" to the business of the City, and to
that end Employee's schedule of work each day and week shall vary in accordance with
the work required to be performed. The Employee has discretion as to her work
schedule.
5. CITY COMMITMENTS:
(a) City shall provide Employee with an office, support staff, office equipment, supplies,
and all other facilities and services adequate for the performance of her duties.
(b) City shall pay for, or provide, Employee reimbursement of actual business expenses.
The City shall provide Employee with a City credit card to charge appropriate and
lawful business expenses up to the amount provided for in the City budget.
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City Clerk Employment Agreement
(c) 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 her continued professional growth and advancement and benefit to the
City.
(d) City agrees to pay travel and subsistence expenses of Employee to pursue official and
other functions for the City, and meetings and occasions to continue the professional
development of Employee, including but not limited to Annual Conferences of the
League of California Cities and other national, regional, state, and local conferences,
and governmental groups and committees upon which Employee serves as a member
up to an amount provided for in the City budget.
6. MUTUAL COMMITMENTS:
Performance Evaluation — Annual performance evaluations are an important way for the
City Council and Employee to ensure effective communications about expectations and
performance. The City Council recognizes that for Employee to respond to their needs and
to grow in the performance of her job, she needs to know how the City Council Members
think she is performing. To assure Employee gets this feedback, the City Council commits
to:
(a) Conduct an evaluation of Employee's performance at least annually, or on any other
schedule deemed appropriate by the City Council. The City Council may use an
outside facilitator to assist them in conducting this evaluation.
(b) The annual review and evaluation shall be in accordance with specific criteria
developed jointly by the City Council and Employee. Such criteria may be added to or
deleted as the City Council may from time to time determine in consultation with
Employee.
(c) The City Council and Employee shall define such goals and performance objectives
which they determine necessary for the proper operation of the City for the attainment
of the City Council's policy objectives. The City Council and Employee shall further
establish a relative priority among those various goals and objectives.
7. COMPENSATION:
City agrees to provide the following compensation to Employee during the term of the
Agreement:
(a) Base Salary — Employee shall be paid an annual salary of $120,436.29 per year, which
sum may be adjusted from time to time as provided in this Agreement by action of the
City Council, payable in twenty-six (26) equal installments in the same manner as City
department heads.
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City Clerk Employment Agreement
(b) The City shall pay all traditional employer costs required by law, including but not
limited to: FICA, Medicare, Unemployment Compensation, and Workers'
Compensation.
(c) Future annual adjustments to Employee's salary shall be set by City Council action.
City may not reduce salary or benefits provided by this Agreement unless:
(i) it does so on a Citywide (all employees) basis, and then in no greater percentage
than the average reduction of all City employees, or
(ii) it does so after providing Employee with a written negative performance evaluation
that provides direction and opportunity for improvement prior to any action to
reduce salary or benefits.
8. AUTOMOBILE:
Employee shall not be provided an automobile or automobile allowance. Employee shall
be reimbursed for travel expenses in accordance with City's travel policies.
9. GENERAL EXPENSES:
Employee shall also be reimbursed by City for reasonable out of pocket expenses incurred
in the course and scope of her employment in accordance with City reimbursement
policies.
10. BASIC BENEFITS:
(a) Holidays - Employee shall receive 36 floating hours of paid leave and nine and one half
(9 '/2) paid fixed holidays per year credited in the same manner as all other City
employees.
(b) Vacation Leave — Employee will receive a bank of forty hours of vacation leave
concurrent with her start date that can only be used during Employee's first 12 -months
of Employment. Employee will receive paid vacation leave in increments of 3.08 hours
per pay period, increasing as provided in the City of Lodi Executive Management
Statement of Benefits, dated 2012, as amended from time to time by resolution of the
City Council ("Executive Statement of Benefits"). Upon termination or resignation of
employment, Employee or those entitled to her estate, shall receive a lump sum
payment for unused or accumulated vacation time to her credit at her rate of pay as of
her date of termination.
(c) Sick Leave - Employee shall be granted ninety-six (96) hours of sick leave per year
which will accrue at a rate of 3.70 hours per pay period with no limit on the amount
that can be accumulated.
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City Clerk Employment Agreement
(d) Administrative Leave - Employee shall be granted eighty (80) hours of administrative
leave per calendar year (pro -rated for calendar year 2020). Employee may cash out up
to eighty (80) hours of Administrative Leave, as provided under the Executive
Statement of Benefits. Upon termination or resignation of employment, Employee or
those entitled to her estate, shall receive a lump sum payment for unused or
accumulated administrative leave to her credit at her rate of pay as of her date of
termination.
(e) Deferred Compensation: Employee may participate in the City's Deferred
Compensation plan. The City will match up to a percentage equal to the highest
amount provided to any bargaining group (currently 3% of base salary).
(f) Other terms and conditions — Except as otherwise provided herein, all provisions of the
City of Lodi Municipal Code, official policies and regulations and rules of the City
relating to disability, incapacity, vacation, holidays, retirement systems contributions,
and other fringe benefits and working conditions as they now exist or hereafter may be
amended also shall apply to Employee as they would to other executive management
employees of City in addition to said benefits set out in this Agreement.
11. INSURANCE:
(a) Medical Insurance: Employee shall receive vision insurance, dental insurance, long
term disability, chiropractic insurance, and any other similar benefit which may be
made available to Employee by the City as outlined in the Executive Statement of
Benefits. The Statement of Benefits or Council Resolution(s) describe(s) these benefits
and any applicable deductibles.
Employee and qualified dependents are eligible to participate in the City's sponsored
medical insurance as offered through CalPERS, or other medical plan offered by the
City. Effective January 1, 2020, the City will contribute a maximum towards the
monthly medical premium based on qualifying tier ($1,794.51 for Family coverage,
$1,380.39 for Employee+l, and $690.17 for Employee only).
If Employee selects a higher cost medical plan, Employee will pay the difference as a
payroll deduction. If Employee elects not to be covered by medical insurance through
the City, an additional $692.81 per month for Family or $532.92 for Employee+l or
$305.22 for a Single employee, will be added to either the Employee's deferred
compensation account or paid in cash. In order to qualify for this `cash -out' provision,
proof of group insurance coverage must be provided to the City.
(b) Life Insurance: Employee shall receive Life Insurance as provided in the Executive
Statement of Benefits.
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City Clerk Employment Agreement
12. 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.
Employee shall contribute Employee's contribution to the membership contract with PERS
for each pay period for Employee's membership (Classic or PEPRA). In addition, in
accordance with California Government Code section 20516 contract amendment process
requirements, Employee shall pay four percent (4%) towards the employer's share of the
CalPERS normal pension cost through a cost-sharing agreement, with an additional one (1)
percent contribution in the first full pay periods in January 2021 and January 2022.
13. SEPARATION:
(a) Resignation — In the event Employee terminates this Agreement by voluntary
resignation of her position with the City, Employee shall not be entitled to severance
pay otherwise provided in Paragraph 14 of this Agreement. In the event Employee
voluntarily resigns her position with City, she shall give City at least forty-five (45)
days advance written notice and shall be entitled to all earned salary and all earned,
accrued, and unused leave (vacation, sick, administrative, and holiday) in the manner as
all other City employees.
(b) Termination & Removal — The City Council may remove Employee with or without
cause, by a majority vote of its members. Notice of termination shall be provided to
Employee in writing. Any such notice of termination shall be given at a noticed
meeting of the City Council. Employee shall not be removed during the first 120 days
following any change in membership of the City Council, except upon four-fifths vote
of the City Council. Given the at -will nature of the position of City Clerk, an important
element of the employment Agreement pertains to termination. It is in both the City's
interest and that of Employee that separation of Employee be done in a businesslike
manner.
14. TERMINATION AND SEVERANCE:
In the event Employee is terminated by the City Council, City agrees to pay to Employee a
lump sum cash payment equal to six (6) months salary and to continue to pay Employee's
health insurance benefits on the same terms set forth in Paragraph I I (a) of this Agreement
for six (6) months from the Employee's date of termination. In all cases such payments
shall be subject to all rules and regulations governing income tax withholding. However,
notwithstanding the above, if Employee is terminated due to retirement, insubordination,
incapacity, dereliction of duty, conviction of a crime involving acts of moral turpitude or
involving personal gain to her, or a breach of this Agreement, City shall have no obligation
to pay any severance provided in this Paragraph 14. In the event employee is convicted of
a crime involving abuse of her office or position, as described in Paragraph 19, Employee
shall reimburse City for any severance pay paid to Employee under this Paragraph 14.
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City Clerk Employment Agreement
15. EMPLOYMENT TERM:
(a) Employee is an "at will" employee and shall serve at the pleasure of the City Council.
(b) Except as provided in Paragraph 14, 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 her position as City Clerk, subject only to the
provisions set forth in Paragraph 13 of this Agreement.
16. 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 consistent with the Act, that she is legally entitled to work in
the United States, and must execute the verification required by that Act.
17. MODIFICATIONS:
No modification of this Agreement shall be valid unless said modification is in writing and
signed by the party to be charged.
18. CONFLICT OF INTEREST:
Because of the duties and role of Employee on behalf of the City and its citizenry,
Employee shall not, during the term of this Agreement, individually, as a partner, joint
venturer, officer or shareholder, invest or participate in any business venture conducting
business in the corporate limits of City, except for stock ownership in any company whose
capital stock is publicly held and regularly traded, without the prior approval of the City
Council.
Employee shall also be subject to the conflict of interest provisions of the California
Government Code and any conflict of interest code applicable to her City employment.
Employee is responsible for submitting to the City Clerk the Appropriate Conflict of
Interest Statements at the time of appointment, annually thereafter, and at the time of
separation from the position.
19. INDEMNIFICATION:
In accordance with and subject to the provisions of California's Government Claims Act
(Government Code §825 et seq.), and any other applicable law, City shall defend,
indemnify, and hold harmless Employee in any civil action against and for all losses
sustained by Employee in direct consequence of the discharge of her duties on the City's
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City Clerk Employment Agreement
behalf for the period of her employment. City shall defend, indemnify, and hold harmless
Employee against any tort, professional liability claim or demand or other civil legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of her duties as City Clerk. City may compromise and settle any such claim
or suit and pay the amount of any settlement or judgment rendered thereon. Whenever
Employee shall be sued for damages arising out of the performance of her duties, the City
may provide defense counsel for Employee in such suit and indemnify her from any
judgment rendered against her; provided that such indemnity shall not extend to any
judgment for damages arising out of any willful wrongdoing. Said indemnification shall
extend beyond termination of employment and the otherwise expiration of this Agreement
to provide protection for any such acts undertaken or committed in her capacity as City
Clerk, regardless of whether the notice of filing of a lawsuit occurs during or following
employment with the City.
20. ABUSE OF OFFICE:
Any severance payments or cash settlement paid in relation to the termination of this
Agreement, pursuant to Paragraph 14, and any legal criminal defense payments made by
the City in the defense of Employee, if any, are subject to, and shall be interpreted to
comply with, the limitations set forth in Government Code section 53260, concerning the
maximum cash settlement in an employment contract, and Government Code sections
53243 through 53243.4, limiting and/or restricting payment or continued retention of
severance payments and/or legal criminal defense payments should Employee be convicted
of a crime involving an abuse of office or position. "Abuse of office or position" for
purposes of this Agreement, shall be as defined in Government Code section 53243.4
which provides: "`abuse of office or position' means either of the following: (a) An abuse
of public authority, including, but not limited to, waste, fraud, and violation of the law
under color of authority. (b) A crime against public justice, including, but not limited to, a
crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with
Section 92) of Part I of the Penal Code."
21. ATTORNEY'S FEES:
If either of the parties hereto brings any action or proceeding against the other, including
but not limited to, an action to enforce or to declare the termination, cancellation or
revision of the Agreement, the prevailing party in such action or proceedings shall be
entitled to receive from the other party all reasonable attorney's fees and costs, incurred in
connection therewith. In the event either party shall initiate any suit, action, or appeal on
any matter related to this Agreement, then the court before whom such suit, action, or
appeal is taken shall award to the prevailing party such attorney's fees as the court shall
deem reasonable, and such award and all allowable costs of the event may be either added
to or deducted from the balance due under this Agreement or be a separate obligation as
appropriate.
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City Clerk Smployment Agreement
22. SEVERABILITY:
If any provision or any portion of tiny provision of this contract is held to be
unconstitutional, invalid, or unenforceable, the remainder of this .Agreement, or portion
hereof, shall be decried severable and shall not be affected, but shall remain in fill force
and effect.
23. INTEGRATED AGREEMENT:
This writing contains the entire agreement between the parties and all prior or
contemporancous agreements, understandings ox discussioias relative to this Agreement are
hereby superseded.
24. JURISDICTION AND VENUE:
This Agrecment shall be construed in accordatice with the laws of the State of California
and (lie parties hei-eto agree that venue sh ill be in Lodi, San Joaquin County, California.
25. NOTICES:
All written notices required pursuant to this agreement shall be delivered to: City Clerk,
P.O. Box 3006, Lodi, CA 95241 or City Hall, 221 West Pine Street, Lodi, CA 95240, and
Jennifer Cusmir,
26. EXECUTION:
IN WITNI?SS WHI-33 l 017, the City Council of the City of Lodi has caused this Agreement
to he signed and execuaed oil its behalf by the Mayor, and Employee has signed and
executed this Agreement as of the day and year first above written.
CITY OF L.ODI, a municipal corporation: EMPLOYEE:
l -1y:
Doug Kuehne
Mayor
Attest:
Pamela M. Farris
Assistant City Cleric
Approved as to .corm:
Janice D. Mngdich
City Attorney
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