HomeMy WebLinkAbout24 - City Attorney ContractCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 24
December 14, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Office of the City Manager
Homer L. Bludau, City Manager, 949 - 644 -3000
hbludau (a)city.newport- beach.ca. us
SUBJECT: COUNCIL CONSIDERATION OF CITY ATTORNEY CONTRACT
ISSUE:
Does the City Council want to approve the City Attorney's contract presented for your
consideration?
RECOMMENDATION:
The City Attorney Recruitment Committee recommends that City Council approve the
agreement as presented.
DISCUSSION:
At the last City Council meeting, Mayor Ridgeway reported out of Closed Session that
the Council had unanimously selected Robin Clauson to serve as Newport Beach's new
City Attorney. The City Manager was directed to bring a contract agreement to the
Council at the next meeting for action.
Submitted by:
Homer L. Bludau
City Manager
EMPLOYMENT AGREEMENT
This EMPLOYMENT AGREEMENT, (Agreement) entered into this 14th day of December
2004, by and between the CITY OF NEWPORT BEACH, a municipal corporation (City),
and Robin Clauson (Clauson) is made with reference to the following:
A. City has employed Clauson as the Assistant City Attorney since August
1989; and
B. Clauson has served as Acting City Attorney since August 2004; and
C. The City Council has decided to appoint Clauson as the City Attorney for the
City of Newport Beach; and
D. The Parties intend, through this Agreement, to specify the terms and
conditions of employment relevant to salary and benefits.
SECTION 1: Employment as City Attorney.
A. City hereby employs Clauson as City Attorney to perform the functions and
duties of that position as specified in the City Charter and the Newport Beach
Municipal Code.
B. Clauson shall devote at least eighty (80) hours every two (2) weeks to the
performance of her duties as City Attorney unless on paid leave and /or unpaid
leave approved by City Council.
C. Clauson shall obtain the written consent of the City . Council prior to
performing compensated legal services for any person or entity other than City.
SECTION 2: Effective Date /Term.
A. This Agreement shall commence on December 1, 2004 and shall remain in
effect until May 31, 2006, unless terminated pursuant to Section 4 of this
Agreement. The provisions of Section 8 shall survive the expiration of this
Agreement.
B. The City Council shall, approximately twelve (12) months after the effective
date of this Agreement, conduct an evaluation of Clauson's performance in a
closed session conducted pursuant to provisions of State law.
SECTION 3: Base Compensation.
City shall pay Clauson an annual base salary of $165,000.00 effective December 1,
2004, in the same manner and at the same time as other management employees
of the City are paid. City shall have the right to deduct or withhold from Clauson's
base salary any and all sums required for federal income and social security taxes
1
and all state or local taxes now applicable or that may become applicable in the
future. City may also deduct sums Clauson is obligated to pay because of her
enrollment in any plan or program, such as group health plans, disability insurance
programs and deferred compensation plans, generally offered to employees.
SECTION 4: Termination.
City may, during the term of this Agreement, terminate Clauson, without cause, upon the
affirmative votes of a majority (4) of the members of the City Council at any regular
meeting. However, Clauson may not be terminated within ninety (90) days after any
municipal election for the selection or recall of one or more members of City Council.
Clauson shall be furnished with written notice stating the Council's intention to terminate
this agreement at least ninety (90) days prior to the effective date of termination and shall
be paid for the remainder of the term of this agreement unless terminated because of
criminal conduct, malfeasance in office, or a gross abuse of discretion.
SECTION 5: Employee Benefits /Special Provisions.
A. Except as otherwise provided in this Agreement or a Resolution of the City
Council adopted prior to the effective Date of this Agreement, Clauson shall
be entitled to the same benefits and protections as are provided to other top
level management employees of City. The personnel rules and regulations
of the City that are applicable to other management employees shall apply to
Clauson except to the extent they are inconsistent with this Agreement.
(1) Clauson shall receive 25 days of flex leave per calendar year. Flex
leave shall accrue at the same rate as other management employees given
the years of service. Clauson shall receive eighty (80) hours of
administrative leave per calendar year. Administrative leave shall not accrue
from year to year. Clauson shall not be entitled to any compensation, or
compensatory time off, for overtime.
(2) Clauson shall have the right to participate in any supplemental
retirement or health insurance program that becomes effective prior to her
retirement date provided that (i) she satisfies conditions to participation that
are applicable to other management employees; or (ii) her participation will
not, because of additional employee contributions or otherwise, cause the
City to incur greater costs than they would with respect to other participants.
B. Clauson may undergo an annual physical examination and City shall
reimburse Clauson for the actual cost of the examination up to a maximum
of $750.00.
SECTION 6: Business Expenses.
City shall reimburse Clauson for all reasonable business expenses, actually
incurred by Clauson in the performance of services pursuant to this Agreement.
Reimbursement shall be in accordance with any relevant City Council policy.
2
SECTION 7: Meetings and Conferences.
Clauson shall, at City's expense, be entitled to attend a reasonable number of local
or state conferences that provide continuing education or training relevant to the
services she is required to perform pursuant to this Agreement. In no event shall
expenditures pursuant to this Section exceed the amount allocated for such
purpose in the then current City Attorney's budget and reimbursement for expenses
shall be in accordance with any relevant City Council policy.
SECTION 8: General Provisions.
A. Clauson shall serve at the pleasure of the City Council as specified in the
City's Charter and may be terminated "at will" subject to the procedural
requirements specified in this Agreement and any relevant provision of State
or local law.
B. This Agreement shall be binding upon, and inure to the benefit of, the heirs,
executors, and assigns of Clauson.
C. Any notice required by this Agreement shall be in writing and deemed given
when personally delivered (to the City Clerk in the case of City), or deposited
in the United States mail, registered or certified, with postage prepaid and
return receipt requested, and properly addressed.
D. This Agreement describes the complete understanding of the parties and
may be modified only by a writing signed by the party to be charged.
CITY OF NEWPORT BEACH,
By:
Mayor
CLAUSON
By:
Robin Clauson
FWAIIIIIIIr:11
City Clerk
Dated:
Dated:
Dated:
3