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HomeMy WebLinkAbout05-16-2017 Item 14 Appointed officials’ compensation Meeting Date: 5/16/2017 FROM: Mayor Heidi Harmon Prepared By: Monica Irons, Director of Human Resources Nickole Sutter, Human Resources Analyst II SUBJECT: APPOINTED OFFICIALS’ COMPENSATION RECOMMENDATION Adopt a resolution approving and authorizing the Mayor to execute an amendment to the City Attorney’s contract of employment which includes the right for City Attorney to cash out three weeks of accrued vacation at the end of every fiscal year. Background In 1999 Council began following a structured process to annually evaluate the job performance of its two appointed officials, the City Manager and City Attorney. The process is facilitated by a consultant who collects input on the appointed officials’ performance in the areas of Council – City Manager or Council-City Attorney relationship, legal advocacy (City Attorney only), leadership, community relations, financial management (City Manager only), and progress to major goals. The consultant summarizes input for Council from the appointed officials’ direct reports and peers. The consultant then interviews each Council member and drafts the performance evaluation documents prior to meeting with Council as a whole to finalize. Council also reviews and approves goals for each appointed official during this annual process. Appointed Officials’ goals are linked to Major City Goals established by Council as part of the City’s comprehensive financial planning process. The overall process takes approximately eight to twelve weeks to complete and provides appointed officials with comprehensive constructive feedback and Council approved goals against which the next year’s performance is evaluated. 2017 Compensation Considerations Council met with the consultant in closed session on April 10, 2017 to discuss the appointed officials’ performance. Council concluded that the appointed officials had met or exceeded performance expectation and accomplished the 2016-17 goals provided by Council. The City Manager did not request any modifications to her employment contract. The Council unanimously approved to amend the City Attorney’s contract authorizing up to three weeks of vacation to be cashed out at the end of every fiscal year at the City Attorney’s request. The City experienced unanticipated legal issues this last year, which required the City Attorney’s attention. These demands resulted in an inability of the City Attorney to take accrued vacation. While Council expressed their desire for the City Attorney to take accrued vacation, they were open to allowing the cash out option to recognize the City Attorney’s commitment to the City and the workload issues resulting in the accrual of unused vacation time. Packet Pg 273 14 FISCAL IMPACT There is no fiscal impact. Vacation cash outs are not pensionable and increasing the amount of accrued vacation the City Attorney may cash out will potentially reduce the City’s liability, as no salary increase is requested and, thus, vacation cashed out at the City Attorney’s current rate of pay may be lower than if it occurred later in the City Attorney’s career. Attachments: a - City Attorney Resolution b - City Attorney Employment Contract - Legislative Draft Packet Pg 274 14 R ______ RESOLUTION NO. _____ (2017 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING A CONTRACT OF EMPLOYMENT FOR CITY ATTORNEY WHEREAS, on January 2, 2010 the City Council approved a contract of employment appointing Christine Dietrick to the position of City Attorney; and WHEREAS, the City Council conducted performance evaluations of this appointed official on April 10, 2017, in accordance with th e Appointed Officials’ Performance Process as modified in December of 2011. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby approves and authorizes the Mayor to execute the amended contract of employment attached hereto as Exhibit A. SECTION 2. The City Council shall evaluate the performance of the City Attorney annually. Upon motion of _______________________, seconded by _______________________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 16th day of May, 2017. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Carrie Gallagher City Clerk APPROVED AS TO FORM: Packet Pg 275 14 Resolution No. _____ (2017 Series) Page 2 R ______ _____________________________________ Jon Ansolabehere Assistant City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ______ day of ______________, _________. ____________________________________ Carrie Gallagher City Clerk Packet Pg 276 14 1 AMENDED CONTRACT OF EMPLOYMENT WITH J. CHRISTINE DIETRICK CITY ATTORNEY THIS CONTRACT is amended this 169th day of May, 20175 by and between the CITY OF SAN LUIS OBISPO, State of Californiaa municipal corporation and charter city (hereinafter referred to as "CITY"), and J. CHRISTINE DIETRICK, a contract employee (hereinafter referred to as "CHRISTINE DIETRICK”); 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, CHRISTINE DIETRICK desires to accept thecontinue in her 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 CHRISTINE DIETRICK is effective January 1, 2010. B. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the COUNCIL to terminate the services of CHRISTINE DIETRICK at any time, subject only to San Luis Obispo CITY Charter Section 709 and the provisions set forth in Section 12 of this Contract. C. Nothing in this Contract shall prevent, limit or otherwise interfere with the right of CHRISTINE DIETRICK to resign at any time from her position with the CITY, subject only to the provision set forth in Section 13 of this Contract. Packet Pg 277 14 2 Section 2. Duties and Salary. A. CITY agrees to employ CHRISTINE DIETRICK as full-time CITY ATTORNEY of the City to perform the functions and duties specified in the Charter and Municipal Code and to perform such other legally permissible and proper duties and functions as the COUNCIL may from time to time assign. B. COUNCIL agrees to pay CHRISTINE DIETRICK, for her services rendered pursuant hereto, an annual base salary of $194,84487,256 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 any successor the Management Compensation Resolutions (Resolution No. 10036 (2008 Series) and any successors. C. Notwithstanding Section 2(B), CHRISTINE DIETRICK agrees that she will not receive any across the board salary increases (e.g. “cost of living” increases) from January 1, 2012 through December 31, 2013 pursuant to the Reduction in Management Compensation Resolution, Resolution No. 3015 (2011 Series). Section 3. Benefits. In addition to the salary set forth in Section 2 of this CONTRACT, CHRISTINE DIETRICK shall be entitled to a car allowance of $250 per month, a City contribution of 3.5% of salary to a 401(a) supplemental retirement plan , ability to cash out up to three weeks’ vacation at the end of each fiscal year, upon CHRISTINE DIETRICK’S request, and the same benefits as those offered by the CITY to the CITY ATTORNEY, in accordance with the Management Compensation Resolution, Resolution No. 10785 (2017 Series). Reduction in Management Compensation Resolution, Resolution No. 10315 (2011 Series) and all other benefits afforded Management Employees not in conflict with this Employment Contract pursuant to the Management Compensation Resolution, Resolution No. 10488 (2014 Series). Section 4. Performance Evaluation. A. By April 30, 2010, COUNCIL and CHRISTINE DIETRICK shall establish mutually agreeable written goals, performance objectives, and priorities for the performance period ending March 30, 2011. Further, Council shall conduct an “interim” evaluation by October 29, 2010. An annual formal Council evaluation will be conducted in March of 2011 in accordance with the City ’s Appointed Official Evaluation Process. Consistent with the schedule outlined above, based on the Appointed Officials Evaluation Process, and subject to performance as assessed by the COUNCIL, the CITY ATTORNEY compensation Packet Pg 278 14 3 shall be reviewed by COUNCIL in April 2011 consistent with the Management Pay-for-Performance System in place at that time. B. Each calendar year thereafter, COUNCIL shall review and evaluate the performance and compensation of CHRISTINE DIETRICK in accordance with the adopted Appointed Officials Evaluation Process, best management practices, and informed by comparison agency data. Section 5. Outside Activities, Conduct and Behavior. A. CHRISTINE DIETRICK shall not engage in teaching, consulting or other non-CITY connected business without the prior approval of COUNCIL. B. CHRISTINE DIETRICK shall comply with all local and state requirements regarding conflicts-of-interest. Section 6. Dues and Subscriptions. COUNCIL agrees to budget for and to pay for professional dues and subscriptions of CHRISTINE DIETRICK necessary for her continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for her 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 CHRISTINE DIETRICK for professional and official travel, meetings, and occasions adequate to continue the professional development of CHRISTINE DIETRICK and to adequately pursue necessary official functions for the CITY, including but not limited to the League of California Cities Annual Conference, League of California Cities City Attorneys Department Conference, and such other national, regional, state, and local governmental organizations, groups and/or committees. B. COUNCIL also agrees to budget for and to pay for travel and subsistence expenses of CHRISTINE DIETRICK for short courses, institutes, and seminars that are necessary for her 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 CHRISTINE DIETRICK. Section 8. General Expenses. Packet Pg 279 14 4 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 CHRISTINE DIETRICK against any claims, demands, causes of actions, losses, damages, expenses (including but not limited to attorney’s fees as may be authorized against public entities or officers consistent with state law) or liability of any kind whether stated in or arising from tort, professional liability or any other legal action or equitable theory, whether groundless or otherwise arising out of an alleged act or omission occurring in the performance of CHRISTINE DIETRICK’S duties as CITY ATTORNEY to the fullest extent permitted by law. 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 CHRISTINE DIETRICK, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of CHRISTINE DIETRICK, provided such terms and conditions are not inconsistent with or in conflict with the provi sions of this CONTRACT, the CITY Charter or any other law. Section 11. No Reduction of Pay and/or Benefits. COUNCIL shall not at any time during the term of this CONTRACT, reduce the salary, compensation or other financial benefits of CHRISTINE DIETRICK, except to the degree of such a reduction across-the-board for all employees of the CITY or CHRISTINE DIETRICK provides written consent to the reduction. Notwithstanding the above, CHRISTINE DIETRICK expressly agrees to the reduction of compensation, salary, and financial benefits as set forth in the Reduction in Management Compensation Resolution (Resolution No. 10315 (2011 Series). Section 12. Termination and Severance Pay. A. In the event CHRISTINE DIETRICK’S employment is terminated by the COUNCIL, or she resigns at the request of a majority of the COUNCIL during such time that she is otherwise willing and able to perform the duties of CITY ATTORNEY, the COUNCIL agrees to pay her a lump sum cash payment equal Packet Pg 280 14 5 to nine (9) months compensation (salary and all appointed officials fringe benefits). Additionally, CITY shall extend to CHRISTINE DIETRICK the right to continue and purchase at her expense health insurance pursuant to the terms and condition of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) or any successor legal requirement. CHRISTINE DIETRICK is the CITY ATTORNEY for the purposes of the benefits under the California Joint Powers Insurance Authority of which the CITY is a member. Any associated severance benefit as a result of termination shall be in accordance with the terms and conditions of the California Joint Powers Insurance Authority’s Memorandum of Liability Coverage in effect at the time of termination. B. In the event that CHRISTINE DIETRICK is terminated for “good cause” the COUNCIL shall have no obligation to pay the lump sum severance payment mentioned above. For the purpose of this CONTRACT, “good cause” shall mean any of the following: (1) Malfeasance, dishonesty for personal gain, willful violation of law, corrupt misconduct, or conviction of any felony. (2) Conviction of a misdemeanor arising directly out of CHRISTINE DIETRICK’s duties pursuant to this Agreement. (3) Willful abandonment of duties outlined in this Agreement. “Good cause” shall not mean a mere loss of support or confidence by a majority of the COUNCIL. C. Any termination of employment shall be done consistent with limitations established in the City Charter Section 709. Additionally, the CITY shall provide a minimum of 30 days prior written notice to CHRISTINE DIETRICK of the intent to terminate this Agreement. Section 13. Resignation. In the event CHRISTINE DIETRICK voluntarily resigns her position with the CITY, she 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 CHRISTINE DIETRICK as CITY ATTORNEY are in accordance Packet Pg 281 14 6 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. _____________________________ _______________ J. CHRISTINE DIETRICK DATE _____________________________ ________________ JAN MARXHEIDI HARMON, MAYOR DATE ATTEST: ____________________________ ________________ ANTHONY MEJIACARRIE GALLAGHER DATE CITY CLERK APPROVED AS TO FORM: __________________________________ JON ANSOLABEHERE ASSISTANT CITY ATTORNEY Packet Pg 282 14 5/17/2017 3J3 hAppointed Officials' Compensation I i Nickole Sutter, Human Resources Analyst II May 16, 2017 � e • m mend at i • . rCCtS Up ■ Adopt a resolution approving amendment to the City Attorney's contract. ■ Authorize the Mayor to execute amended contract of employment with the City Attorney which will authorize the City Attorney to opt for up to three weeks of accrued vacation to be cashed out at the end of every fiscal year. Background Council reviews performance, establishes goals, and considers compensation adjustments for the City Manager and City Attorney annually ■ Process is facilitated by a consultant ■ Independent perspective ■ Constructive input from direct reports, peers, and Council ■ Appointed officials' goals are aligned with Council's Major City Goals and in turn are the basis for department head and manager's goals Compensation Consideration Authorize the City Attorney up to three weeks of vacation to be cashed out at the end of every fiscal year at the City Attorney's request C, 5/17/2017 5/17/2017 Questions PI is CITY Off' &fii! LUIS O1BIS�ii m