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.
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· 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.
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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
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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.
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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.
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(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
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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.
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(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.
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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.
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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;
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(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
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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.
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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:
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(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
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ICMA Code of Ethics
With Guidelines
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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