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HomeMy WebLinkAboutS16 - City Attorney Employment AgreementAgenda Item No. S16 December 9, 2008 EMPLOYMENT AGREEMENT The City of Newport Beach ( "City ") and David Hunt ( "HUNT ") agree as follows: SECTION 1. Employment as City Attonney. City shall employ HUNT as City Attorney of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Municipal Code of the City of Newport Beach. HUNT shall also perform other duties assigned by the City Council, or as my be required by law, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally and are performed by City Attorney's of other municipalities. Hunt shall not provide legal services for any person or entity other than City without prior written consent of the City Council. SECTION 2. Effective Date[Term. This Agreement shall commence on December 22, 2008 and shall remain in effect until December 21, 2010, unless terminated pursuant to Section 4 of this Agreement. The provisions of Section 9 shall survive the expiration of this Agreement. SECTION 3. Base Compensation A. City shall pay HUNT an annual base salary of $220,000.00 in twenty -six (26) equal installments paid at the same time other management employees of the City are paid. City shall have the right to deduct or withhold from HUNT's base salary any and all sums required for federal or state income tax, social security tax and all other taxes, deductions or withholdings required by then current state, federal or local law. City shall also deduct sums HUNT is obligated to pay because of participation in plans or programs described in Section 6 of this Agreement. B. HUNT shall devote eighty (80) hours every two weeks, and such additional hours as may be necessary, to the performance of his duties as City Attorney unless on paid leave and for unpaid leave approved by the City Council. HUNT shall not be entitled to any compensation, or compensatory time off, for overtime. SECTION 4. Termination and Severance Pa v. A. HUNT may terminate this Agreement by giving the City at least forty -five (45) days prior written notice of termination. B. City may terminate HUNT, without cause, upon the affirmative votes of a majority (4) of the (7) member City Council at any regular meeting. However, consistent with provisions of the City Charter, HUNT 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. HUNT shall be furnished with written notice stating the Council's intention to terminate this Agreement, and any reasons for termination, if appropriate, at least forty -five (45) days prior to the effective date of termination. C. In the event this Agreement is terminated by the City, HUNT shall receive severance pay equal to one -half (1/2) of his annual base salary as of the date of termination. However, HUNT shall not be entitled to any severance pay if HUNT is terminated because of criminal conduct, malfeasance in office, or a gross abuse of discretion. SECTION 5. Employee Benefits. A. Commencing on the effective date of this Agreement, HUNT shall accumulate and use paid leave pursuant to the City's Flex Leave policies at the rate of twenty -seven (27) days, (216 hours) per year, except that the limits on accumulated Flex Leave shall be 1000 hours. HUNT shall also be entitled to one hundred twenty (120) hours of administrative leave per year. Upon the effective date of this agreement 120 hours of leave will be credited to the Flex Leave account. B. HUNT shall receive the same health insurance and retirement benefits as are available to other non - safety management employees of the City. C. HUNT shall be entitled to participate in plans and programs available to other non - safety management employees of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. D. City shall reimburse HUNT for the actual costs of the annual physical examination up to a maximum of $1,000.00. E. The City personnel ordinances, resolutions, rules and policies shall apply to HUNT in the same manner as applied to other management employees, provided, however, in the event of a conflict between the provisions of this Agreement and the City Charter, the City Charter shall prevail. F. Hunt's duties require him to be available to respond to the demands of City business after regular work hours and on weekends. City shall pay HUNT $500 per month as an automobile allowance. E G. This Agreement shall be deemed amended whenever the City Council adopts a resolution or takes action changing the benefits, plans or other terms and conditions of employment generally applicable to other non - safety management employees of the City. SECTION 6. Business Expenses. City shall reimburse HUNT for all reasonable, authorized City related business expenses (except automobile expenses) actually incurred by HUNT in the performance of services pursuant to this Agreement. HUNT shall, to the extent possible, use a City issued credit card issued to pay for business expenses. HUNT shall comply with City Council policies for expense and travel reimbursement. City shall pay Hunt's annual California BAR dues and the expenses of maintaining his license to practice law. SECTION 7. Meetings and Conferences. HUNT shall be entitled to attend a reasonable number of League of Cities and other similar conferences relevant to the performance of duties and /or MCLE obligations required of the City Attorney pursuant to this Agreement within the City Attorney Department's authorized budget. SECTION 8. Evaluation. The City Council shall conduct an initial evaluation of HUNT's performance within six (6) months from the effective date of this Agreement. Subsequent to the initial evaluation, the City Council shall annually evaluate HUNT's performance. The City Council may, as part of any evaluation, determine if HUNT's base salary or benefits should be modified and the effective date of any such modification. SECTION 9. General Provisions A. HUNT shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may be terminated "at will" and without specification of cause, subject only to the procedural requirements specified in this Agreement, the Brown Act and /or relevant provisions of the City Charter or City ordinance. B. This Agreement shall be binding on, and inure to the benefit of, the heirs, executors, and assigns of HUNT. 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 when properly addressed and deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested. 3 G. This Employment 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. Dated: By: Mayor of Newport Beach Dated: By: David Hunt APPROVED AS TO FORM: Robin L. Clauson, City Attorney 2 IN ATTEST: Leilani I. Brown, City Clerk