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HomeMy WebLinkAbout06 - Modification to City Clerk's Employment AgreementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 26, 2008 TO: HONORABLE MEMBERS OF THE CITY COUNCIL FROM: Mayor Edward Selich Council Member Michael Henn Council Member Nancy Gardner SUBJECT: PROPOSED MODIFICATIONS TO CITY CLERK'S EMPLOYMENT AGREEMENT RECOMMENDATION: Approve the proposed Employment Agreement for the Newport Beach City Clerk. DISCUSSION: Background: City Clerk Harkless signed an Employment Agreement with the City on January 15, 1996, which was subsequently modified on July 10, 2001. The Agreement calls for performance evaluations on at least an annual basis. The last evaluation was performed in 2005. Mayor Selich and Council Members Henn and Gardner met and prepared a preliminary draft of a performance review for the City Clerk for the period ended December 31, 2007, as well as preliminary key performance expectations for the year ending December 31, 2008. Compensation for the City Clerk was also reviewed. During the closed session on January 22, 2008, the full City Council met and finalized the preliminary drafts, as well as compensation changes. The full City Council then met with the City Clerk in closed session on February 12, 2008, to review the performance review materials and compensation changes. Based on a favorable performance evaluation and a careful review of the appropriate level of compensation for the City Clerk, Mayor Selich and Council Members Henn and Gardner recommend approval of an increase to the base salary of the City Clerk by 7.9% retroactive to October 13, 2007. This increase replaces the existing contractual provision that provides that the City Clerk's base salary be adjusted as of the first pay period in July to reflect the change in the Consumer Price Index (CPI) for the preceding twelve month period for which statistics were published. Environmental Review: Not applicable. Attachment: Proposed Employment Agreement EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT, (Agreement) entered into this 26th day of February, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation (City), and LAVONNE M. HARKLESS (Harkless) is made with reference to the following: A. City has employed Harkless as the City Clerk since January 1996; B. The Agreement has been modified several times by adoption of resolutions since January 1996; C. This Agreement is intended to modify certain provisions of the annual -base salary which was last assessed and adjusted in 2005, modified in accordance with the terms of the contract for a cost of living increase in 2006, and to otherwise accurately reflect the terms and conditions of Harkless' employment as City Clerk. SECTION 1: Emolovment as City Clerk. A. City shall continue to employ Harkless as City Clerk of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Newport Beach Municipal Code. Harkless shall also perform other duties assigned by the City Council, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally. B. Harkless shall devote at least eighty (80) hours every two (2) weeks to the performance of her duties as City Clerk except when on paid leave and/or unpaid leave approved by the City Council or attending conferences. Harkless shall have the right to work a 9/80 schedule. SECTION 2: Effective Date/Term. This Agreement shall be effective as of February 26, 2008 and shall remain in effect until terminated pursuant to Section 4 of this Agreement or upon retirement from active duty with the City. SECTION 3: Base Compensation. A. Effective as of October 13, 2007, City shall pay City Clerk an annual base salary of $128,400.00 in twenty-six (26) equal installments paid at the same time as other management employees of the City are paid. B. City shall have the right to deduct or withhold from Harkless' base compensation any and all sums required for federal income and social security taxes and all state or local taxes now applicable or that may become applicable in the future. City may also deduct sums Harkless is obligated to pay cause of participation in plans or programs described in Section 5 of this Agreement. SECTION 4: Termination and Severance Pay. A. Harkless may terminate this Agreement by giving the City at least forty-five (45) days prior written notice of termination. B. City may terminate Harkless, without cause, upon the affirmative votes of a majority of the members of the City Council at any regular meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall furnish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (112) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. SECTION 5: Employee Benefits. A. Except as otherwise provided in this Agreement or Resolution of the City Council, Harkless shall be entitled to the same benefits as are provided to other management employees of the City. The personnel rules and regulations of the City that are applicable to other management employees shall apply to Harkless except to the extent inconsistent with this Agreement. Harkless shall receive eighty (80) hours of administrative leave per calendar year. Harkless shall not have the right to accrues administrative leave from year to year. Harkless shall not be entitled to any compensation, or compensatory time off, or overtime. 2. Harkless shall receive flex leave in accordance with the then current rate for employees with similar longevity. 3. Harldess shall receive the same health and retirement benefits as are available to other non - safety management employees of the City. 4. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, fife insurance plans, and deferred compensation plans. 5. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the rate Harkless accumulates paid leave or 2 alters employee benefits available to other on- safety management employees of the City. SECTION 6. Business Expenses. City shall reimburse Harkless for all reasonable business expenses actually incurred by Harkless in the performance of services pursuant to this Agreement. SECTION 7. Meetings and Conference. Harkless shall,. at City expense, be entitled to attend a reasonable number of local, state, and national conferences relevant to her performance of services pursuant to this Agreement, not to exceed $1,000.00 in total cost of any fiscal year. SECTION 8. General Provisions. A. Harkless shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may be terminated "at will' subject to the procedural and financial requirements specified in this Agreement and/or City ordinance. B. This Agreement shall be binding upon, and inure to the benefit of, the heirs, executors, and assigns of Harkless. 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 the City), or deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested, and properly addressed. D. This Agreement represents the entire understanding of the parties and any modification is effective only if it is in writing and signed by the party to be charged. CITY OF NEWPORT BEACH By: . Edward D. Selich, Mayor CITY CLERK 0 LaVonne M. Harkless 3 Dated: Dated: