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HomeMy WebLinkAboutItem 4.09 City Manager Agmt Pattillo CITY CLERK File # D~[Q][Q]-[3]~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 19, 2008 SUBJECT: Agreement to Employ Joni Pattillo as City Manager Report Prepared by: Agency Negotiating Team (Mayor Lockhart and Vice Mayor Sbranti) ATTACHMENTS: 1) 2) Proposed Agreement between the City of Dublin and Joni Pattillo for Employment as City Manager Resolution Amending Salary Plan RECOMMENDATION: 1) Approve, and Authorize the Mayor to Execute the Agreement, with Joni Pattillo for Employment as City Manager as recommended by Agency Negotiating Team. Adopt Resolution Amending Salary Plan 2) FINANCIAL STATEMENT: Sufficient funding is available in the FY 2008-2009 Budget. DESCRIPTION: At the July 15,2008 meeting, the City Council appointed an Agency Negotiating Team, consisting of Mayor Lockhart and Vice Mayor Sbrant~ to meet with the prospective manager to discuss terms and conditions of her employment as City Manager. Also at that meeting, the Council reported that it had selected Joni Pattillo to succeed Richard Ambrose as City Manager upon the effective date of his resignation, contingent upon the City Council's approval of an employment agreement. Since that time, the Committee has discussed with Ms. Pattillo the terms and conditions of employment. As a result of those discussions, the City's Agency Negotiating Team is recommending that the Council approve an agreement with Ms. Pattillo for her employment as City Manager. The basic terms of the proposed agreement are as follows: · Initial five year term that automatically renews in three year increments. · Base Salary of$17,084 per month. · Standard City Benefits Package, including PERS retirement, medical, dental, and other benefits that accrue to City employees. ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of2 ITEM NO. ---.!:tL · Automobile allowance ($541.66 per month). · Technology allowance ($1200 per year) · City deferred compensation contribution ($5000 per year plus additional $1000 for each year of service) · Relocation allowance to facilitate move from Newark, California to City ($10,000). · Leave: 38 days of general leave and 12 days of management leave. · Severance: Except for termination for cause, City to pay a severance payment equal to 12 months of salary, which increases by 1 month for each year of service, up to a maximum of 18 months. City also to pay medical and dental insurance premiums for the length of such period. Included in the City's personnel system are Resolutions that address the salary ranges for full-time and part-time personnel. The attached resolution (Attachment 2) is a proposed amendment to the City Salary Plan for full-time personnel that would establish a flat monthly salary for the position of City Manager, effective September 2, 2008, to conform with the proposed Agreement. RECOMMENDATION: Approve, and authorize the Mayor to execute the Agreement with Joni Pattillo for Employment as City Manager as recommended by Agency Negotiating Team and adopt the resolution amending the salary plan. d~J 'i IG AGREEMENT BETWEEN THE CITY OF DUBLIN AND JONI L. PATTILLO FOR EMPLOYMENT AS CITY MANAGER This Agreement is entered as of August 19, 2008 by and between the City of Dublin, California, a municipal corporation and general law city (the "City"), and Joni L. Pattillo, an individual (the "City Manager"). The City and the City Manager are sometimes individually referred to as a "Party" and collectively as "Parties" in this Agreement. RECITALS WHEREAS, the City requires the services of a City Manager; and, WHEREAS, the City Manager has the necessary education, executive ability and qualifications to serve as the City's City Manager; and, WHEREAS, the City Council of the City of Dublin (the "City Council) desires to employ the City Manager to serve as the City Manager of City. WHEREAS, in consideration of these Recitals and the performance by the Parties of the promises, covenants, and conditions contained in this Agreement, the Parties agree as follows: AGREEMENT 1. EMPLOYMENT OF THE CITY MANAGER. The City consistent with the provisions of City Municipal Code Chapter 2.04 (all subsequent Chapter or Section references are to the Municipal Code unless otherwise noted) appoints and employs, effective upon the separation of the City's current City Manager, which is anticipated to be on September 2,2008 ("the Appointment Date"), the City Manager as its City Manager, and the City Manager hereby accepts such employment. During the term of employment, the City Manager shall not undertake any employment other than as a City Manager for the City, except that she may also serve as the chief executive of other City controlled legal entities without violating this Agreement. 2. COMMITMENTS OF THE PARTIES. A. City Manager Commitments. (1) Duties and Authority. (a) The City Manager shall have those powers and perform all of the duties of the City Manager as set forth in the laws of the State of California, Dublin Municipal Code Chapter 2.04, and City policies and procedures approved by the City Council from time to time. (b) The City Manager shall administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement City Council ~~.:trLf.q sller/oe I ATTACHMENT 1 J ~ /(, policies and direct the work of all appointive City officers and departments except those that are directly appointed by or report directly to the City Council. (2) Hours of Work. (a) The City Manager is an exempt, at-will employee but is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager's position. The City Manager does not have set hours of work as the City Manager is expected to be available at all times. (b) It is recognized that the City Manager must devote a great deal of time to the business of the City outside of the City's customary office hours, and to that end the City Manager's schedule of work each day and week shall vary in accordance with the work required to be performed. The City Manager shall spend sufficient hours on site to perform the City Manager's duties; however, the City Manager has discretion over the City Manager's work schedule and work location. (3) Disability or inability to perform. In the event the City Manager becomes mentally or physically incapable of performing the City Manager's functions and duties with reasonable accommodation and it reasonably appears such incapacity will last for more than six months, the City Council may terminate the City Manager. If the City Council does elect to terminate the City Manager due to incapacity, the City Manager shall receive all severance benefits provided in Agreement Section 6.C. B. City Commitments. (1) The City shall provide the City Manager with the compensation and benefits, as set forth in Agreement Section 3. (2) The City shall pay for or provide the City Manager reimbursement for all actual business expenses consistent with Government Code section 53234 et seq., also known as "AB 1234". The City shall provide the City Manager a City credit card to charge legally authorized and necessary City business expenses. (3) The City agrees to pay the professional dues or membership dues and subscriptions on behalf of the City Manager as may be agreed by City Manager and City Council, including the International City Manager's Association ("ICMA"). (4) The City agrees to pay the travel and subsistence expenses of the City Manager to pursue official and other functions for the City, and meetings and occasions to continue the professional development of the City Manager, including, but not limited to, national, regional, state, and local conferences, and governmental groups and committees upon which the City Manager serves as a member subject to annual review by the City Council. (5) The City also agrees to pay for the travel and subsistence expenses of the City Manager for short courses, institutes and seminars that are necessary for the performance of City Manager duties as set forth in Municipal Code Section 2.04.060. 2 31(0 C. City Council Commitments. 0) The City Council sets policy for the governance and administration of the City, and it implements its policies through the City Manager. (2) The City Council recognizes that to meet the challenges facing the. City they must exercise decisive policy leadership. As one step in carrying out this leadership responsibility, the City Council commits to spending time each year outside of regular City Council meetings to work with the City Manager and staff on creating and revisiting the City's strategic plan, for setting goals and priorities for the City government, and to work on issues that may be inhibiting the maximal achievement of City goals. Likewise, each member of the City Council will make sufficient time available to the City Manager each week to provide an opportunity to be briefed on City issues. (3) The City Council agrees none of its individual members will order the appointment or removal of any person to any office or employment under the supervision and control of the City Manager. D. Mutual Commitments. (1) Strategic Workshops. (a) As soon as practicable after December 1, the City Council and the City Manager will meet to review the City's existing Strategic Plan and/or set out goals and priorities for the City Manager to implement prior to the City Manager's annual performance evaluation or such other dates as determined in the course of the meeting. (b) Thereafter the review and update of the City Council's Strategic Plan will occur annually between January 1st and March 31st. For purposes of clarity, the City Council and the City Manager shall further establish a relative priority among those goals and objectives within the Strategic Plan. (2) Annual Performance Evaluation. (a) The City Council shall conduct an evaluation of the City Manager's performance at least once each year. The City Council and the City Manager agree that performance evaluations, for the purpose of mid-course corrections, may occur quarterly or several times during each calendar year. (b) While performance evaluations for the purpose of mid-course corrections may occur several times during the year; the initial annual evaluation shall occur as soon as possible after the anniversary date of the Appointment Date. (c) The annual review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and the City Manager during the strategic planning and goal setting workshops. Such criteria may from time to time be added to or deleted as the City Council determines in consultation with the City Manager. 3 l{ ~ I~ (d) In addition to the annual strategic plan workshops the City Council and the City Manager may further defme such goals and performance objectives during the annual evaluation as they mutually determine are necessary for the proper operation of the City for the attainment of the City Council's policy objectives. The City Council and the City Manager shall further establish a relative priority among those goals and performance objectives. The Parties may use an outside facilitator paid for by City to assist them in conducting the City Manager's annual performance evaluation. (e) The City Manager shall hold annual team building retreats with key Departmental personnel. (3) ICMA Code of Ethics. (a) The Parties acknowledge that the City Manager is a member of the ICMA and desire that the City Manager be subject to and comply with the ICMA Code of Ethics, a copy of which is attached as Exhibit A. (b) The City and the City Council agree that neither the City Council nor any of its members will give the City Manager any order, direction, or request that would require the City Manager to violate the ICMA Code of Ethics. 3. COMPENSATION. The City agrees to provide the following compensation to the City Manager: A. Compensation and Required Employer Costs. (1) Base Salary. (a) The initial salary for the position of City Manager shall be $17,084 per month. The Salary shall be adjusted on July 1 st of each year during the term of this agreement to maintain at least a 15% differential from the maximum salary range of the City's Assistant City Manager classification. (b) The City Manager shall be paid at the same intervals and in the same manner as regular City employees. (c) The City shall not at any time during the term of this Agreement reduce the base salary, compensation or other financial benefits of the City Manager, unless as part of a general City management salary reduction, and then in no greater percentage than the average reduction of all designated management employees. (d) At least annually, the City Council may consider an increase to the base salary or any other component of the City Manager's compensation. (2) Pay-for-Performance. (a) To provide a recognition for the City Manager to produce laudable results for the organization, the City Council agrees to consider providing a Pay-for-Performance for 4 G~ /0 meeting or exceeding specific goals established by City Council that are achieved by the City Manager. The City Manager will be eligible at the sole discretion of the City Council for a Pay-for-Performance Bonus that is equivalent to the miscellaneous employees Pay-for- Performance program. (b) Any adjustment in earnings under this section shall be included as "compensation earnable" by the City Manager in reporting to the California Public Employees Retirement System (CalPERS) for annual pension credit, but only to the extent, if any, that CalPERS will consider it to be "compensation earnable." (3) Required State Costs. The following costs, to the extent they are applicable, shall be borne by the City: (a) Unemployment Compensation. (b) California Public Employees Retirement System (CaIPERS). The City contracts with the CalPERS for retirement benefits. The City shall pay the same amount of employer and the employee contributions to CalPERS as provided for miscellaneous employees of the City of Dublin. In addition, the City Manager shall be eligible for the CalPERS Third Level 1959 Survivor Benefits. The City shall pay the portion required by CaIPERS, and the City Manager shall pay $2 per month. (c) The cost of any fidelity or other bonds required by law for the City Manager. (d) The cost to defend and indemnify the City Manager as provided in Agreement Section 7.E. (e) Workers Compensation. B. Basic Benefits. (1) Holidays. The City Manager shall receive the same paid holidays as allocated to miscellaneous general City employees. (2) Leave Allowance: (a) General Leave: City Manager shall be entitled to a general leave of 38 days commencing September 2, 2008 and each September thereafter. City Manager shall be allowed to carry over to the next year any unused general leave days from the prior year to a maximum carryover of 360 hours. When the City Manager has reached the maximum general leave carryover of 360 hours, she shall continue to receive general leave and may carry it over to the next year to a maximum of an additional 360 hours, provided such leave may only be used for sick leave as defined for general City employees. 5 b~ I~ (b) Management Leave: City Manager shall be entitled to twelve (12) days per year of "Management Leave." This leave is treated differently than other leave, in that if the City Manager is unable to use this leave by May 1 st of each year, the City Manager will be compensated for any unused Management Leave at that time. Such compensation shall be based upon the City Manager's base salary identified in Section 3.A.(1)(a). (c) Payments upon Resignation or Termination: In the event that the City Manager's services are terminated for any reason, the City Manager shall be compensated for any unused general leave and management leave. Such compensation shall be based upon the City Manager's base salary identified in Section 3.A.(1)(a). (3) Automobile Allowance. The City Manager shall be provided a monthly automobile allowance of $541.66 for her use of her personal vehicle for City purposes and shall be paid on the first payroll of the month. (4) Benefits that Accrue to Other Employees. The City Manager shall be entitled to all compensation benefits, rights, and privileges accorded to City's designated management employees except as otherwise provided in this Agreement. If there is any conflict between this Agreement and any resolution fixing compensation and benefits for City's designated management employees or other unclassified/ miscellaneous employees, this Agreement shall control. (5) Technology Allowance. Given the importance of technological tools to the effective and efficient business of City government, the City shall provide the City Manager with an annual $1,200 technology allowance. The Technology Allowance shall be paid with the first of the City's adopted pay periods following September 1 of each year, beginning with 2008. 4. SECURITY. A. Pensions. (1) California Public Employees Retirement System (CalPERS). For the purposes of CalPERS reporting, the City shall treat the following as "compensation earnable," but only to the extent, if any, that CalPERS will consider it to be "compensation earnable," all payments to the City Manager for the following: pay for performance, incentive payments, leave payouts, and City-paid employee portion of CaIPERS; also known as Employer Paid Member Contributions (EPMC). (2) Deferred Compensation. 6 10j 1~ The City agrees to the City Manager's participation in a Deferred Compensation Plan. City shall contribute $5,000 to such a Plan on the City Manager's account commencing in September 2008 plus an additional $1,000 on each anniversary date of this Agreement. The annual contribution shall be prorated on a monthly basis. B. Insurance. The City Manager shall receive the same health, life, long term/short term disability and dental insurance coverage available to the designated management employees of the City. 5. ALLOWANCES. A. Relocation Allowances. The City shall payor reimburse for all reasonable relocation expenses incurred in moving the City Manager's residence and family from Newark, CA to the City. These expenses shall be limited to the costs of packing, moving, and temporary storage of household goods and furnishings. The City Manager shall obtain three quotations for such relocation services, and the City shall have the right to approve the service vendor or vendors to be used. The City Manager shall have the right to elect either direct City payment or City reimbursement of the City Manager for relocation expenses. In no case shall the cost for moving expenses exceed $10,000. 6. SEPARATION. A. Resignation. The City Manager may resign at any time and agrees to give the City at least 60 days advance written notice of the effective date of the City Manager's resignation, unless the Parties to this agreement mutually agree to other notice. B. Non-Renewal of Employment Agreement. Termination & Removal. (1) The City Manager is an at-will employee serving at the pleasure of the City Council, as provided in Government Code Section 36506. (2) The City Council may terminate the City Manager at any time, with or without cause, by a majority vote of its members. Notice of termination or non-renewal of this employment agreement shall be provided to the City Manager in writing consistent with this Agreement. . (3) The City Manager shall not be removed during the 90-day period preceding or following any City election for membership on the City Council, or during the 90-day period following any change in membership of the City Council, except upon four-fifths vote of the City Council. (4) Given the at-will nature of the position of City Manager, an important element of the employment agreement pertains to termination. It is in both the City's interest and that of the City Manager that any separation of the City Manager is done in a businesslike manner. 7 9s ~ I & C. Severance Pay. (1) In the event the that the City Council terminates the City Manager's employment for reasons other than for "cause" as further defined under subparagraph D below, the City shall pay to the City Manager a Severance Payment. Initially, the Severance Payment shall be equal to twelve (12) months of the base salary on the effective date of termination. On the anniversary of the Appointment Date each year, the number of months used to calculate the amount of the Severance Payment shall be increased by one (1) month, except that in no event shall the total number of months used to calculate the Severance Payment exceed eighteen (18) months. In the event that the City is obligated to make the Severance Payment, the amount shall be paid to the City Manager, at the City Manager's option, in either equal monthly installments commencing on the 10th work day following the date of termination or in a lump sum. Notwithstanding anything to the contrary in the foregoing, the Parties agree tpat in no event shall the City Manager receive a cash settlement upon termination of this Agreement in excess of the maximum cash settlement authorized by subdivision (a) of Government Code section 53260. (2) In addition, in accordance with Government Code section 53261, the City will reimburse the City Manager for the premiums for the City Manager's medical and dental insurances for a period following the effective date of termination equal to the number of months then being used to calculate the amount of the Severance Payment under Section 6.C.(1) at the rates in effect on such dates, provided that such reimbursements will terminate when the City Manager finds other employment so long as the other employment includes paid coverage for medical and dental insurance. (3) In the event that (a) the City refuses, following written notice of noncompliance, to comply with any provision in this Employment Agreement benefiting the City Manager, (b) the City imposes a material reduction in the powers and authority of the City Manager, or (c) the City Manager resigns following a suggestion, whether formal or informal, by a majority of the City Council that the City Manager resign, then, in that event, the City Manager may, at the City Manager's option, be deemed to be "terminated" as of the date of such refusal to comply or suggestion to resign and this severance pay provision shall be actuated. D. Separation for Cause. (1) Notwithstanding the provisions of Agreement Section 6.C, the City Manager may be terminated for cause. As in this section, "cause" shall mean one or more the following: (a) Conviction of a felony, or conviction of a misdemeanor involving moral turpitude; (b) Abuse of non-prescription or prescription drugs, alcohol or controlled substances that affect the performance of the Manager's duties; (c) Repeated and extended absences from the City Manager's office and duties, which absences have not been approved by the City Council. (d) Violation of the City's policies concerning sexual harassment; 8 9 ~ I~ (e) Commission of an act of moral turpitude. the City Council will not make a finding or determination about whether the City Manager has engaged in such conduct without first providing the City Manager a full, fair opportunity to rebut, defend and justify any such alleged act involving moral turpitude in an open or closed session, at the sole choice of the City Manager; and (t) Material breach of the terms and conditions of this Agreement. (2) In the event the City terminates the City Manager for cause, then the City may terminate this Agreement immediately, and the City Manager shall be entitled to only the compensation accrued up to the date of termination and such other termination benefits and payments as may be required by law. The City Manager shall not be entitled to any severance benefits provided by Agreement Section 6.C. (3) In the event the City terminates the City Manager for cause, the City, the Mayor and/or the City Council members and the City Manager agree that neither Party shall make any written or oral statements to members of the public or the press concerning the City Manager's termination except in the form of a joint press release which is mutually agreeable to both Parties. The joint press release shall not contain any text or information that would be disparaging to either Party. Provided, however, that either Party may verbally repeat the substance of any such press release in response to inquires by members of the press or public. E. Payment for Unused Leave Balance. (1) In the event the City Manager dies while employed by the City under this Agreement, the City Manager's beneficiaries or those entitled to the City Manager's estate, shall be entitled to the City Manager's earned salary, and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances. 7. GENERAL PROVISIONS. A. Term. (1) The Initial Term shall be for a period of 60 months commencing on September 2,2008, and continuing until September 2, 2013 ("the Termination Date"). (2) This Agreement shall automatically renew as provided herein unless the City gives the City Manager timely notice of non-renewal. The City must give the City Manager written notice of non-renewal at least equal to the number of months then being used to calculate the amount of the Severance Payment under Section 6.C prior to the Termination Date or any succeeding Termination Date, as defined in the next sentence. Unless such notice of non-renewal is timely given, this Agreement shall automatically renew for an additional three-year Term and a new Termination Date shall be accordingly established. B. Provisions that Survive Termination. Many sections of this Agreement are intended by their terms to survive the City Manager's termination of employment with the City, including but limited to Sections 4, 6.C, 6.E, and 9 10 ~ ll, 7.E. These sections, and the others so intended, shall survive termination of employment and termination of this Agreement. C. Amendments. The Agreement may be amended at any time by mutual written agreement of the City and the City Manager. D. Conflict of Interest. (1) The City Manager shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal, or political associations. This section shall not serve to prohibit independent acts or other forms of enterprise during those hours not covered by active City employment, providing such acts do not constitute a conflict of interest as defined herein. (2) The City Manager shall also be subject to the conflict of interest provisions of the California Government Code and any conflict of interest code applicable to the City Manager's City employment. (3) The City Manager is solely 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. E. Indemnification. (1) The City shall defend, save harmless and indemnify the City Manager against any claim or action to the. extent required by, and subject to the limitations contained in, Government Code sections 825-825.6 and Government Code sections 995-996.6. The City may compromise and settle any such claim or suit and pay the amount of any setdement or judgment rendered thereon. (2) In the event that the City Manager shall serve as the chief executive of other City- controlled legal entities, then the City agrees, for the purposes of the indemnity and defense obligations under this section and Government Code sections 825-825.6 and 995-996.6, that any actions or omissions within the scope of those duties shall be treated as within the scope of City Manager's employment by the City. F. Severability. If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it were not part of this Agreement and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto. 10 1/ ~ Jb G. lurisdiction and Venue. - This Agreement shall be construed in accordance with the laws of the State of California, and the Parties agree that venue for legal action concerning any aspect of the Agreement in State Court shall be maintained in Alameda County Superior Court and for an action in Federal Court shall be in the United States District Court for the Northern District of California. H. Entire Agreement. This Agreement represents the entire agreement of the Parties, which has been jointly drafted by the Parties, and no representations have been made or relied upon except as set forth in this Agreement which may be amended or modified only by a written, fully executed agreement of the Parties. L. Notice. Any notice, amendments, or additions to this Agreement, including change of address of either party during the term of this Agreement, which the City Manager or the City shall be required, or may desire, to make shall be in writing and shall be sent by prepaid first class mail or hand-delivered to the respective Parties as follows: 11 I; l' ~ (1) If to the City: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 (2) If to the City Manager: J oni L. Pattillo 6235 Robertson Avenue Newark, CA 94560 8. EXECUTION IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in duplicate at Dublin, California, as of the date set forth above. CITY OF DUBLIN CITY MANAGER By: Janet Lockhart, Mayor J oni L. Pattillo ATTEST: Caroline Soto, City Clerk APPROVED AS TO FORM: John Bakker, City Attorney 12 ICMA Code of Ethics With Guidelines 13~ I ~ The ICMA Code of Ethics was adopted by the ICMA membership in 1924, and most recently amended by the membership in May 1998. The Guidelines for the Code were adopted by the ICMA Executive Board in 1972, and most recently revised in July 2004. The mission of ICMA is to create excellence in local governance by developing and fostering professional local government management worldwide. To further this mission, certain principles, as enforced by the Rules of Procedure, shall govern the conduct of every member of ICMA, who shall: 1. Be dedicated to the concepts of effective and democratic local government by responsible elected officials and believe that professional general management is essential to the achievement of this objective. 2. Affirm the dignity and worth of the services rendered by government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. Guideline Advice to Officials of Other Local Governments. When members advise and respond to inquiries from elected or appointed officials of other local governments, they should inform the administrators of those communities. 3. Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that the member may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. Guidelines Public Confidence. Members should conduct themselves so as to maintain public confidence in their profession, their local government, and in their performance of the public trust. Impression of Influence. Members should conduct their official and personal affairs in such a manner as to give the clear impression that they cannot be improperly influenced in the performance of their official duties. Appointment Commitment. Members who accept an appointment to a position should not fail to report for that position. This does not preclude the possibility of a member considering several offers or seeking several positions at the same time, but once a bona fide offer of a position has been accepted, that commitment should be honored. Oral acceptance of an employment offer is considered binding unless the employer makes fundamental changes in terms of employment. Credentials. An application for employment or for ICMA's Voluntary Credentialing Program should be complete and accurate as to all pertinent details of education, experience, and personal history. Members should recognize that both omissions and inaccuracies must be avoided. Professional Respect. Members seeking a management position should show professional respect for persons formerly holding the position or for others who might be applying for the same position. Professional respect does not preclude honest differences of opinion; it does preclude attacking a person's motives or integrity in order to be appointed to a position. Reporting Ethics Violations. When becoming aware of a possible violation of the ICMA Code of Ethics, members are encouraged to report the matter to ICMA. In reporting the matter, members may choose to go on record as the complainant or report the matter on a confidential basis. Confidentiality. Members should not discuss or divulge information with anyone about pending or completed ethics cases, except as specifically authorized by the Rules of Procedure for Enforcement of the Code of Ethics. Seeking Employment. Members should not seek employment for a position having an incumbent administrator who has not resigned or been officially informed that his or her services are to be terminated. 4. Recognize that the chief function of local government at all times is to serve the best interests of all of the people. Guideline Length of Service. A minimum of two years generally is considered necessary in order to render a professional service to the local government. A short tenure should be the exception rather than a recurring experience. However, under special circumstances, it may be in the best interests of the local government and the member to separate in a shorter time. Examples of such circumstances would include refusal of the appointing authority to honor commitments EXHIBIT A concerning conditions of employment, a vote of no confidence in the member, or severe personal problems. It is the responsibility of an applicant for a position to ascertain conditions of employment. Inadequately determining terms of employment prior to arrival does not justify premature termination. 5. Submit policy proposals to elected officials; provide them with facts and advice on matters of policy as a basis for making decisions and setting community goals; and uphold and implement local government policies adopted by elected officials. Guideline Conflicting Roles. Members who serve multiple roles-working as both city attomey and city manager for the same community, for example-should avoid participating in matters that create the appearance of a conflict of interest. They should disclose the potential conflict to the governing body so that other opinions may be solicited. 6. Recognize that elected representatives of the people are entitled to the credit for the establishment of local government policies; responsibility for policy execution rests with the members. 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body. Guidelines Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not engage in active participation in the election campaign on behalf of or in opposition to candidates for the governing body. Elections of Elected Executives. Members should not engage in the election campaign of any candidate for mayor or elected county executive. Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office. They shall not seek political endorsements, financial contributions or engage in other campaign activities. Elections. Members share with their fellow citizens the right and responsibility to vote and to voice their opinion on public issues. However, in order not to impair their effectiveness on behalf of the local governments they serve, they shall not participate in political activities to support the candidacy of individuals running for any city, county, special district, school, state or federal offices. Specifically, 14 ~ / G they shall not endorse candidates, make financial contributions, sign or circulate petitions, or participate in fund-raising activities for individuals seeking or holding elected office. Elections in the Council-Manager Plan. Members may assist in preparing and presenting materials that explain the council-manager form of government to the public prior to an election on the use of the plan. If assistance is required by another community, members may respond. All activities regarding ballot issues should be conducted within local regulations and in a professional manner. Presentation of Issues. Members may assist the governing body in presenting issues involved in referenda such as bond issues, annexations, and similar matters. 8. Make it a duty continually to improve the member's professional ability and to develop the competence of associates in the use of management techniques. Guidelines Self-Assessment. Each member should assess his or her professional skills and abilities on a periodic basis. Professional Development. Each member should commit at least 40 hours per year to professional development activities that are based on the practices identified by the members of leMA. 9. Keep the community informed on local government affairs; encourage communication between the citizens and all local government officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. 10.Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice. Guideline Information Sharing. The member should openly share information with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation. 11. Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a member's decisions, pertaining to appointments, pay adjustments, promotions, and discipline. Guideline Equal Opportunity. All decisions pertaining to appointments, pay adjustments, promotions, and discipline should prohibit discrimination because of race, color, religion, sex, national origin, sexual orientation, political affiliation, disability, age, or marital status. It should be the members' personal and professional responsibility to actively recruit and hire a diverse staff throughout their organizations. 12. Seek no favor; believe that personal aggrandizement or profit secured by confidential information or by misuse of public time is dishonest. Guidelines Gifts. Members should not directly or indirectly solicit any gift or accept or receive any gift-whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form--under the following circumstances: (1) it could be reasonably inferred or expected that the gift was intended to influence them in the performance of their official duties; or (2) the gift was intended to serve as a reward for any official action on their part. It is important that the prohibition of unsolicited gifts be limited to circumstances related to improper influence. In de minimus situations, such as meal checks, some modest maximum dollar value should be determined by the member as a guideline. The guideline is not intended to isolate members from normal social practices where gifts among friends, associates, and relatives are appropriate for certain occasions. Investments in Conflict with Official Duties. Member should not invest or hold any investment, directly or indirectly, in any financial business, commercial, or other private transaction that creates a conflict with their official duties. In the case of real estate, the potential use of confidential information and knowledge to further a member's personal interest requires special consideration. This guideline recognizes that members' official actions and decisions can be influenced if there is a conflict with personal investments. Purchases and sales which might be interpreted as speculation for quick profit ought to be avoided (see the guideline on "Confidential Information"). Because personal investments may prejudice or may appear to influence official actions and decisions, members may, in concert with their governing body, provide for disclosure of such investments prior to accepting their position as local government 15~ ((; administrator or prior to any official action by the governing body that may affect such investments. Personal Relationships. Member should disclose any personal relationship to the governing body in any instance where there could be the appearance of a conflict of interest. For example, if the manager's spouse works for a developer doing business with the local government, that fact should be disclosed. Confidential Information. Members should not disclose to others, or use to further their personal interest, confidential information acquired by them in the course of their official duties. Private Employment. Members should not engage in, solicit, negotiate for, or promise to accept private employment, nor should they render services for private interests or conduct a private business when such employment, service, or business creates a conflict with or impairs the proper discharge of their official duties. Teaching, lecturing, writing, or consulting are typical activities that may not involve conflict of interest, or impair the proper discharge of their official duties. Prior notification of the appointing authority is appropriate in all cases of outside employment. Representation. Members should not represent any outside interest before any agency, whether public or private, except with the authorization of or at the direction of the appointing authority they serve. Endorsements. Members should not endorse commercial products or services by agreeing to use their photograph, endorsement, or quotation in paid or other commercial advertisements, whether or not for compensation. Members may, however, agree to endorse the following, provided they do not receive any compensation: (1) books or other publications; (2) professional development or educational services provided by nonprofit membership organizations or recognized educational institutions; (3) products and/or services in which the local government has a direct economic interest. Members' observations, opinions, and analyses of commercial products used or tested by their local governments are appropriate and useful to the profession when included as part of professional articles and reports. 10~/1o RESOLUTION NO. -2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDING THE SALARY PLAN WHEREAS, in accordance with the City's Personnel System Rules, the City Council adopted Resolution No. 64-97 and subsequent Resolutions which comprise the Salary Plan. NOW, THEREFORE, BE IT RESOLVED that the position of City Manager shall be covered under Article I, Section A of the Plan: BE IT FURTHER RESOLVED that said position shall be paid a flat monthly rate within the salary plan as follows: City Manager: $17,084 (flat rate). BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective September 2,2008, PASSED, APPROVED AND ADOPTED this 19th day of August, 2008. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment 2