HomeMy WebLinkAbout4.19 Second Amend to Agmt City - C. Foss
STAFF REPORT
CITY COUNCIL
DATE:August 16, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Employment Agreement Amendment for the City Manager
Prepared by: Agency Negotiating Team (Councilmembers Hart and
Wehrenberg)
EXECUTIVE SUMMARY:
On March 1, 2016, the City Council appointed an Agency Negotiating Team, consisting
of Councilmembers Hart and Wehrenberg, to meet with the City Manager to discuss
terms and conditions of employment. This report outlines the Agency Negotiating
Team’s recommendation that the City Council approve an amendment to the
employment agreement with Christopher L. Foss.
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 1) is a
proposed amendment to the City Salary Plan for full-time personnel that would revise
the salary for the position of City Manager, effective April 25, 2016.
STAFF RECOMMENDATION:
That the City Council approve, by motion, the Second Amendment to the Agreement
Resolution
between the City of Dublin and the City Manager, and adopt the Amending
the Salary Plan.
FINANCIAL IMPACT:
Sufficient funding is available in the Fiscal Year 2016-17 Budget and the Fiscal Year
2017-18 projection.
DESCRIPTION:
On March 1, 2016, the City Council appointed an Agency Negotiating Team, consisting
of Councilmembers Hart and Wehrenberg, to meet with the City Manager to discuss
terms and conditions of employment. As a result of those subsequent discussions, the
City’s Agency Negotiating Team is recommending that the City Council approve an
amendment to the employment agreement with the City Manager. Following are the
proposed amendments:
Page 1 of 3
1. Increase the City Manager’s base salary from $20,818 per month to
$21,859 per month. The revision in the base pay would be effective April
25, 2016.
2. Maintain the City Manager’s allowance of 33 days of general leave and
allow the City Manager to elect annually to be compensated for any
unused general leave granted the previous year not to exceed 144 hours.
The City agrees to reevaluate the provisions of this section following the
annual review in 2017.
3. Beginning on the anniversary of the Appointment Date of 2016, or April
25, 2016, and every anniversary of the Appointment Date thereafter, 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.
4. In addition, in accordance with Government Code section 53261, the City
shall 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 V.C.1. at the rates in
effect on such dates, provided that such reimbursements will terminate
upon the City Manager’s retirement or when the City Manager finds other
employment so long as the other employment includes paid coverage for
medical and dental insurance.
Except for the amendments proposed, all other portions of the Agreement shall remain
in full force and effect.
Salary Plan Amendment
Included in the City’s personnel system are Resolutions that address salary ranges for
full-time and part-time personnel. The attached Resolution (Attachment 1) amends the
City’s Salary Plan for full-time personnel, which establishes the salary for the position of
City Manager effective April 25, 2016, in conformity with the proposed contract
amendment.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Amending the Salary Plan
2. Second Amendment to Agreement Between the City of Dublin and City Manager
3. First Amendment to Agreement Between the City of Dublin and City Manager
4. Agreement Between the City of Dublin and City Manager
Page 2 of 3
Page 3 of 3
RESOLUTION NO. - 16
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. 86-01 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 (Contract): $21,859 (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 April
25, 2016.
th
PASSED, APPROVED AND ADOPTED
this 16 day of August, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
ATTACHMENT 1
SECOND AMENDMENT TO
AGREEMENT BETWEEN CITY OF DUBLIN
AND
CHRISTOPHER L. FOSS
FOR EMPLOYMENT AS CITY MANAGER
th
This SECOND AMENDMENT is made and entered into this 16 day of August,
2016, by and between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter
referred to as the “CITY”, and CHRISTOPHER L. FOSS, hereinafter referred to as
“CITY MANAGER”.
Recitals
A. CITY and CITY MANAGER are parties to an Employment Agreement,
dated February 18, 2014 (the “AGREEMENT”).
B. The AGREEMENT was amended on June 2, 2015 to increase CITY
MANAGER’S base salary.
C. Following the Annual Performance Evaluation of CITY MANAGER that
commenced on March 1, 2016 and included the appointment of a City Council
subcommittee, the parties desire to amend the AGREEMENT to increase CITY
MANAGER’S base salary.
D. The parties also wish to adjust CITY MANAGER’S leave allowance and
severance pay.
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree to amend The Agreement as follows:
1. Section III.A.1. (a) of the Agreement is amended to read as follows:
“(a) Commencing on April 25, 2016, the salary for the position of City Manager
shall be $21,859 per month. The City agrees to reevaluate the salary following the
performance evaluation described in Section II.D.2 (a) above.”
2. Section III.B.2. (a) of the Agreement is amended to read as follows:
“(a) City Manager shall receive thirty-three (33) days of general leave on April
26, 2014, May 1, 2015 and each May 1 thereafter so long as the Agreement remains in
effect. Such leave shall be subject to the same rules applicable to the miscellaneous
general City employees, including maximum accruals, except that annually on April 26
each year, City Manager may elect to be compensated for any unused general leave
ATTACHMENT 2
granted the previous year not to exceed 144 hours. The City agrees to reevaluate the
provisions of this section following the annual review in 2017.”
4. Section V. C. of the Agreement is amended to read as follows:
“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. The Severance
Payment shall be equal to twelve (12) months of the base salary on the effective date of
termination. Beginning on the anniversary of the Appointment Date of 2016, or April 25,
2016, and every anniversary of the Appointment Date thereafter, 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 that 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
shall 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 V.C.1. at the rates in effect on such dates, provided that such
reimbursements will terminate upon the City Manager’s retirement or when the City
Manager finds other employment so long as the other employment includes paid
coverage for medical and dental insurance.”
3. Except as amended herein, The Agreement shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
By: _________________________ _________________________
Mayor David Haubert Christopher L. Foss
ATTACHMENT 2
ATTEST:
______________________________
Caroline Soto, City Clerk
2690872.2
ATTACHMENT 2
FIRST AMENDMENT TO
AGREEMENT BETWEENCITY OF DUBLIN
AND
CHRISTOPHER L. FOSS
FOR EMPLOYMENT ASCITY MANAGER
This FIRST AMENDMENT is made and entered into this 2nd day of June, 2015, by and
between the CITY OF DUBLIN, a Municipal Corporation, and hereinafter referred to as the
CITY", and CHRISTOPHER L. FOSS, hereinafter referred to as "FOSS".
Recitals
A. CITY and FOSS are parties to an Agreement toemploy FOSS as City Manager,
dated February 18, 2014 ("the Agreement").
B. The partiesnow desire following the AnnualPerformance Evaluation that
commenced on March 17, 2015, with the appointment of a City Council subcommittee to amend
the agreement to increase FOSS's base salary payable pursuant to the Agreement.
NOW, THEREFORE, in consideration of themutual promises, conditions and covenants
herein contained, the parties agree to amendThe Agreement as follows:
1. Section III.a.1. (a) of the Agreement is amended to readas follows:
a) Commencing on April 26, 2015, thesalary for the position of City Manager shall be
20,017 per month. If the Council adopts the anticipatedOrdinancetoAmend theCity's
RetirementContract with CaIPERSapproving employee sharing additional costsprior to July 1,
2015, the salary shall be adjusted on July 1, 2015 to be $20,818 per month. The City agreesto
reevaluate the salaryfollowing the performance evaluationdescribed in Section II.D.2 (a)
above."
2. Except as amended herein, The Agreement shall remain in full force and effect.
IN WITNESSWHEREOF, the partieshereto have executed this AGREEMENT in
duplicate at Dublin, California, theday and yearfirst above written.
CITY OF DUBLIN
By:
Mayor David Haub hristopher L. Foss
AU T:
Grp g6
Caroline P. Soto, City Clerk/Records Manager