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HomeMy WebLinkAbout05/06/2003, C13 - CITY ATTORNEY CONTRACT council MW3 a Enda uE oizt t�H G P t�= CITY OF SAN LUIS OBISP FROM: Mayor Dave Romero � Prepared By: Jill Sylvain, Human Resources Analys SUBJECT: CITY ATTORNEY CONTRACT RECOMMENDATION Approve a twenty-four month contract appointing Jonathan P. Lowell as City Attorney, effective May 8, 2003. DISCUSSION In support of the City's Mission Statement, Council is committed to developing and promoting an effective professional Management Team, which includes retaining a City Attorney. The City Attorney is one of two positions directly appointed by the City Council. The position became vacant following the retirement of Jeffrey G. Jorgensen in December 2002. The Council employed William Avery & Associates, a leading public sector recruitment firm, to conduct the City Attorney recruitment and provide assistance to Council during the selection process. Following an extensive search, interviews with Council Members and a thorough background investigation, Council was pleased to offer the position to Jonathan P. Lowell. Mr. Lowell has accepted the offer and, upon approval of the employment contract, is scheduled to assume the position May 8, 2003. Mr. Lowell comes to the City from the private law firm of Curiale, Dellaverson, Hirschfeld, Kraemer & Sloan, where he represented public agencies in matters primarily related to personnel and labor relations. Prior to that time, he served as the City Attorney of San Bruno and was Assistant City Attorney with the cities of Livermore and Hayward. Over the years, he has accumulated a vast amount of public sector experience :in important areas such as planning and land use, personnel and labor relations, code enforcement, elections and law enforcement. He has supported city councils, planning commissions, redevelopment agencies and other boards and commissions. FISCAL IMPACT Funds to support the cost of the City Attorney have been previously included in the City's existing budget. The proposed salary and benefits are outlined in the contract and are consistent with the compensation established for the City Attorney position. ATTACHMENT Contract G:Aag da reports\City Attroney Appoin=ettt.DOC C��-I ATTACHMENT 1 Page 1 of 5 CONTRACT OF EMPLOYMENT APPOINTING JONATHAN P. LOWELL TO THE POSITION OF CITY ATTORNEY AND ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT THIS CONTRACT is entered into this 6th day of May, 2003, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "CITY"), and JONATHAN P. LOWELL, a Contract employee (hereinafter referred to as "JONATHAN LOWELL"); WITNESSETH: WHEREAS, Charter Section 701 provides that the SAN LUIS OBISPO CITY COUNCIL (hereinafter referred to as "COUNCIL") is responsible for the appointment and removal of the CITY ATTORNEY, and WHEREAS, the COUNCIL, on behalf of the CITY acknowledges and accepts the responsibility for supervision of the CITY ATTORNEY; and WHEREAS, the COUNCIL is desirous of appointing a CITY ATTORNEY and wishes to set the terms and conditions of said employment; and WHEREAS, JONATHAN LOWELL desires to accept the position of CITY ATTORNEY consistent with certain terms and conditions of said employment, as set forth in this CONTRACT. NOW, THEREFORE, the parties do mutually agree as follows: Section 1. Effective Date. A. The appointment of JONATHAN LOWELL is effective May 8, 2003. B. This Contract shall commence on May 8, 2003, and shall terminate on May 8, 2005, unless terminated earlier as provided herein. In the absence of any formal action by the Council to renew and/or modify this agreement, it shall be deemed to continue on a month to month basis. C. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the COUNCIL to terminate the services of JONATHAN LOWELL at any time, subject only to San Luis Obispo CITY Charter Section 709 and the provisions set forth in Section 12 of this Contract. D. Nothing in this Contract shall prevent, limit or otherwise interfere with. the right of JONATHAN LOWELL to resign at any time from his position with the CITY, subject only to the provision set forth in Section 13 of this Contract. Ci3 `a Op� ATTACHMENT 1 Page 2 of 5 Section 2. Salary. COUNCIL agrees to pay JONATHAN LOWELL, for his services rendered pursuant hereto, a starting annual base salary of $126,828, payable in installments at the same time as the other management employees of the CITY are paid. In addition, COUNCIL agrees to increase said base salary by the cost- of-living adjustment approved by the COUNCIL for all CITY management employees under the Management Pay-for-Performance System (Resolution Nos. 9017 (2000 Series), 9247 (2001 Series), and 9355 (2002 Series) and any successors). Section 3. Benefits. In addition to the salary set forth in Section 2 of this CONTRACT, JONATHAN LOWELL shall be entitled to the same benefits as those offered by the CITY to the former CITY ATTORNEY, including 200 hours of vacation per year, in accordance with Resolution No. 9300 (2002 Series) and supporting resolutions, except that, consistent will all department heads and the City Administrative Officer, 80 hours of administrative leave shall not be included as salary. Section 4. Performance Evaluation. A. By August 2003, COUNCIL and JONATHAN LOWELL shall establish written goals, performance objectives, and priorities and further, Council shall conduct an "interim" evaluation by October 2003. An annual formal Council evaluation will be conducted in March of 2003 in accordance with the City's Appointed Official Evaluation Process. Based on this process, the CITY ATTORNEY shall be eligible for a salary increase, subject to performance, in April 2003, consistent with the Management Pay-for-Performance System in place at that time. B. Each calendar year thereafter, in March, COUNCIL shall review and evaluate the performance of JONATHAN LOWELL in accordance with the adopted Appointed Officials Evaluation Process. This system, or any successor system, shall provide that the COUNCIL and JONATHAN LOWELL jointly establish in writing one year in advance of evaluation, goals and performance objectives satisfactory to the COUNCIL. Salary shall be adjusted by COUNCIL, based on performance, in accordance with the adopted Management Pay-for- Performance System, or any successor system. Section 5. Outside Activities. Conduct and Behavior. A. JONATHAN LOWELL shall not engage in teaching, consulting or other non-CITY connected business without the prior approval of COUNCIL. Ci �-3 C� C O [Ply ATTACHMENT 1 Page 3 of 5 B. JONATHAN LOWELL shall comply with all local and state requirements regarding conflicts-of-interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of CITY ATTORNEY or give rise to the appearance of impropriety. Section 6. Dues and Subscriptions. COUNCIL agrees to budget for and to pay for professional dues and subscriptions of JONATHAN LOWELL necessary for his continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for his continued professional participation, growth, and advancement, and for the good of the CITY. Section 7. Professional Development. A. COUNCIL hereby agrees to budget for and to pay for travel and subsistence expenses of JONATHAN LOWELL for professional and official travel, meetings, and occasions adequate to continue the professional development of JONATHAN LOWELL and to adequately pursue necessary official functions for the CITY, including but not limited to the Annual City Attorney League Conference, the League of California Cities Annual Conference and such other national, regional, state, and local governmental groups and committees. B. COUNCIL also agrees to budget for and to pay for travel and subsistence expenses of JONATHAN LOWELL for short courses, institutes, and seminars that are necessary for his professional development and for the good of the CITY. C. Other professional development may be agreed upon from time to time between the COUNCIL and JONATHAN LOWELL. Section 8. General Expenses. COUNCIL recognizes that certain expenses of a non-personal and job- affiliated nature are incurred by the CITY ATTORNEY, and hereby agrees to authorize the Finance Director to reimburse or to pay said general and reasonable expenses, consistent with CITY policies, upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. Section 9. Indemnification. In addition to that required under state and local law, CITY shall defend, save harmless, and indemnify JONATHAN LOWELL against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance OLam' ATTACHMENT 1 Page 4 of 5 of JONATHAN LOWELL'S duties as CITY ATTORNEY. CITY may compromise and settle any such claim or suit, and shall pay the amount of any settlement or judgment rendered thereon. Section 10. Other Terms and Conditions of Employment. The COUNCIL, in consultation with JONATHAN LOWELL, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of JONATHAN LOWELL, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this CONTRACT, the CITY Charter or any other law. Section 11. No Reduction of Benefits. COUNCIL shall not at any time during the term of this CONTRACT, reduce the salary, compensation or other financial benefits of JONATHAN LOWELL, except to the degree of such a reduction across-the-board for all employees of the CITY. Section 12. Termination and Severance Pay. In the event JONATHAN LOWELL'S employment.is terminated by the COUNCIL, or he resigns at the request of a majority of the COUNCIL, during such time that he is otherwise willing and able to perform the duties of CITY ATTORNEY, the COUNCIL agrees to pay him a lump sum cash payment equal to nine (9) months compensation (salary and all appointed officials fringe benefits). In the event that JONATHAN LOWELL is terminated for good cause, then the COUNCIL shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this CONTRACT, good cause" shall include, but not necessarily be limited to any of the following: (1) a material breach of the terms of this CONTRACT; (2) misfeasance; (3) malfeasance; (4) a failure to perform his duties in a professional and responsible manner consistent with generally accepted standards of the profession; (5) conduct unbecoming the position of CITY ATTORNEY or likely to bring discredit or embarrassment to the CITY. "Good cause" shall not mean a mere loss of support or confidence by a majority of the COUNCIL. CC� [PY ATTACHMENTPage 5of 5 Section 13. Resignation. In the event JONATHAN LOWELL voluntarily resigns his position with the CITY, he shall give the COUNCIL at least two (2) months advance written notice. Section 14. General Provisions. A. The text herein shall constitute the entire CONTRACT between the parties. B. This CONTRACT shall be binding upon and inure to the benefit of the heirs at law and executors of the parties. C. It is the intent of the COUNCIL that this CONTRACT and the appointment of JONATHAN LOWELL as CITY ATTORNEY are in accordance with the requirements and provisions of the Charter. Wherever possible, the provisions of this CONTRACT shall be construed in a manner consistent with the Charter. If any provision of this CONTRACT conflicts with the Charter, the Charter shall control. D. If any provision, or any portion thereof, contained in this CONTRACT is held unconstitutional, invalid or unenforceable, the remainder of this CONTRACT, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Contract on the day and year first set forth above. A4 1L 21f ; 2c c 3 J ATHAN P. LOWELL DATE DAVID F. ROMERO, MAYOR DATE ATTEST: LEE PRICE, C.M.C. DATE CITY CLERK c134�