HomeMy WebLinkAbout08 - City Clerk First Amended Employment AgreementTO:
FROM
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 8
March 9, 2010
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Dave Kiff, City Manager
949 - 644 -3000, dkiff(a)newportbeachca.pov
Terri L. Cassidy J.D., Human Resources Director
949 - 644 -3303, tcassidv aC )newportbeachca.gov
SUBJECT: City Clerk First Amended Employment Agreement
ISSUE:
Shall the City Council adopt the first amended employment agreement with City
Clerk, Leilani Brown?
RECOMMENDATION:
Staff recommends City Council adopt the first amended employment agreement
with the City Clerk, Leilani Brown for a total base compensation of One Hundred
Ten Thousand Eight Hundred Nine Dollars 82/100 (($110,829.82).
DISCUSSION:
City Council conducted an annual evaluation of the City Clerk's performance on
February 23, 2010 in accordance with the terms of the initial Employment
Agreement. Based on Ms. Brown's performance and experience, City Council
approved a retroactive increase in her base annual compensation effective
November 22, 2009.
In preparing the Contract Amendment, City Council analyzed where the Newport
Beach City Clerk's total compensation sits in relation to clerks in similarly -
situated jurisdictions, in relation to her duties (again when compared with other
jurisdictions), and in relation to others on the city's management team.
As of the time of this amendment, the Council believes that the recommended
action places the Newport Beach City Clerk where she should be at this point in
time — but that as Ms. Brown adds experience (with an election cycle, for
instance) a re- evaluation of her agreement (and possible change in
compensation again as that compensation relates to other positions) may be
warranted.
In addition, the Council has asked that staff develop a more comprehensive
compensation approach to positions in the City. This will assist the City Council
as it reviews broader issues relating to compensation and may further affect
future iterations of Ms. Brown's agreement.
Environmental Review:
This is not a project under CEQA.
Public Notice:
Seventy -two hours notice has been given pursuant to the Brown Act. No further
notice is legally required.
Funding Availability:
Money is budgeted for the City Clerk position in the Clerk's department staffing
budget. The additional funds will come from the General Fund — Unappropriated
Fund Balance 010 -3605 for fiscal year 2009 -2010 and the adjusted amount has
been allocated for fiscal year 2010 -2011.
Submitted by:
C 1� Z-C4
Dave Terri L. Cassidy, J.D.
City Manager Human Resources Director
FIRST AMENDED EMPLOYMENT AGREEMENT
WITH LEILANI BROWN
THIS FIRST AMENDED EMPLOYMENT AGREEMENT, is entered into as of this
_ day of March, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and LEILANI BROWN ( "Brown ") and is made with reference to the
following:
RECITALS:
A. Effective November 22, 2008 City and Brown entered into an Employment
Agreement, hereinafter referred to as "Agreement," for employment as the City
Clerk for the City.
B. City Council conducted a six (6) month initial evaluation in accordance with the
terms of the Agreement. Based on Brown's performance Council approved a five
percent (5 %) increase to her base compensation retroactive to May 22, 2009.
C. Effective June 29, 2009, and in accordance with the terms of the Agreement,
Brown received a four percent (4 %) cost of living increase.
D. City Council conducted an annual evaluation in accordance with the terms of the
Agreement. Based on Brown's performance, on February 23, 2010, City Council
approved a retroactive increase in her base annual compensation effective
November 22, 2009.
E. City and Brown mutually desire to amend Agreement to reflect this increase in
base annual compensation, hereinafter referred to as "Amendment No. 1," as
provided here below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. BASE COMPENSATION
Brown's base annual compensation shall be increased retroactively from
November 22, 2009 by six thousand dollars and no /100 ($6,000.00) for a total
annual base compensation of One Hundred Ten Thousand Eight Hundred
Twenty Nine Dollars 82/100 ($110,829.82 ).
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in Agreement shall remain unchanged and shall be in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDEMENT
TO EMPLOYMENT AGREEMENT on the date first above written.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY A Municipal Corporation
e
By: By:
David R. Hunt, Keith D. Curry,
City Attorney Mayor
ATTEST:
Lilian Washington,
Assistant City Clerk
E
EMPLOYEE: LEILANI BROWN
a
Leilani Brown