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Home My WebLink About08/18/1992, C-11 - APPOINTMENT OF CITY CLERK IIIIInIyIII�IIIIII�III I� MEETING GATE: II II I�► �� CiVJ of san pais oBispo $/18/92 WiS COUNCIL AGENDA REPORT ITEM NUMBER_ 1 From: Ann McPike, Personnel Director Subject: Appointment of City Clerk CAO Recommendation: (A) Adopt resolution appointing Diane Gladwell to the position of City Clerk and setting forth the employment agreement; (B) Adopt resolution establishing compensation for the City Clerk (Diane Gladwell); (C) Adopt resolution authorizing the Mayor to execute an agreement with Pam Voges to provide professional services on an interim basis until the conclusion of the Municipal Election in November of 1992-; (D) Adopt resolution adjusting salary for City Clerk (Pam Voges). I SUMMARY: In April of 1992, Pam Voges notified the City Council that she was resigning as City Clerk of San Luis Obispo after almost 17 years of employment. The City Council contracted with Ralph Anderson and Associates, an executive search firm, to conduct a statewide recruitment. The recruitment process, yielding a total of 34 applicants, was completed on August 3, 1992 with the Council interviewing the six top finalists. They selected Diane Gladwell who is currently the Assistant City Clerk of Glendale, California, where she has served since 1989. Charter Section 701 assigns the Council the responsibility of appointing the City Clerk and determining employment terms and conditions. Since the City will be involved in a general municipal election, the City Council is interested in retaining Ms. Voges on an interim basis to assist with the election and related activities. The City Council evaluated its appointed officials, City Administrative Officer, City Attorney and City Clerk in May of this year. As part of the evaluation process, performance based salary adjustments were recommended. However, the Appointed Officials voluntarily deferred the salary increases in light of the City's financial position. Since Ms. Voges will be resigning and her final year's compensation will factor into her ultimate retirement benefit, Council is considering the adjustment to her salary retroactive to April of 1992 in accordance with previously adopted resolutions that establish the City's Managerial Compensation Plan. C-II- I lil��►►►��►Illlfllll�1°j�II�III City Of San WIS OSISpO Nii% COUNCIL AGENDA REPORT Appointment of City Clerk Page 2 DISCUSSION: I Recommendation A: Adoption of this resolution sets forth the employment agreement between the City Council and the City Clerk and defines employment terms and conditions. In summary it establishes: I 1 . Effective starting date: September 14, 1992 i 2. Termination and Severance Pay: Lump sum cash payment equal to six (6) months total compensation. 3. Compensation: As per the Managerial Compensation Plan which establishes the salary range and fringe benefit package for Appointed Officials and the Management Team which includes three (3) weeks annual vacation. i 4. Outside employment: Requires prior Council approval. Recommendation B: Adoption of this resolution sets the starting salary for the new City Clerk at $4450 per month. This is consistent with the Managerial Compensation Plan as the amount fits within the designated salary range for City Clerk ($3784-4931 per month). I Recommendation C: i Adoption of this resolution authorizes the to enter into an agreement with Ms. Voges to provide professional services to the City in the specific area of elections and other related City Clerk functions. The purpose of this contract is for Ms. Voges to assist with the upcoming election and enable the new City Clerk to transition smoothly into her new assignment by focusing on the ongoing operations of the City Clerk's Department. Ms. Voges will be paid at her regular rate of pay and will work up to twenty (20) hours per week. Recommendation D: Establishing Appointed Officials' compensation is set forth in Resolution 6604 (1989 Series) and is a performance based system. Annually the City Council evaluates its appointed officials and sets salaries based upon the performance evaluation. In May of this year, the City Council undertook this activity and determined recommendations ii��►��►nuii�l►IIIIIIIII►° ��lllll City Of San LaiS OBISPO Aftrae COUNCIL AGENDA REPORT Appointment of City Clerk Page 3 for salary adjustments for the three officials. Prior to the Council formally adopting their recommendations,the City became immersed in dealing with the State's financial crisis and its implications for the City's finances. The Appointed Officials, along with the other members of the Management Team, decided at that time to defer salary adjustments until such time the financial picture becomes clearer. Although the fiscal situation is no more clear than it was in June, it is recommended that Ms. Voges receive her salary adjustment since she is resigning effective November 6, 1992. As stated above, the City's retirement plan for which she will be eligible at retirement age is based upon the employee's final year compensation. Withholding her raise at this time would have the effect of lowering her retirement benefit to a level lower than what she is entitled to. Because the Management Team voluntarily restructured their compensation plan in such a way that significantly reduced the salary raises possible, Ms. Voges' adjustment amounts to $840.00 for the period of April 9 - November 6, 1992. Her monthly salary would be increased from $4,520.00 to $4,640.00, approximately 2.6%. I FISCAL IMPACT: j Recommendation A: No impact Recommendation B: The position of City Clerk is a fully budgeted position in the 1991-93 Financial Plan and salary and benefits are fully funded. Recommendation C: The agreement states that Ms. Voges will be working no more than half-time, which amounts to $4,640.00. A prorata amount for benefits adds $928.00 for a total of $5,568.00. Appropriation of funds from the City's General Fund balance will be necessary. Recommendation D: Since raises were slated for April, 1992, the retroactive pay increase amounts to $840.00. This amount is available in the existing City Clerk budget. RECOMMENDATIONS: Adopt resolutions that (1) appoint Diane Gladwell as City Clerk, (2) establish her compensation and benefits in accordance with previously adopted resolutions that provide for a managerial compensation plan, (3) approve an agreement with Pam Voges to provide consultant services on an interim basis from October 1 through November 6, 1992, and (4) adjusts the City Clerk (Pam Voges) salary. l��l��mullillllllllll�1° II�III city of San LUSS OBISpo COUNCIL AGENDA REPORT Appointment of City Clerk Page 4 Attachments: Resolutions Employment Agreement Agreement for Professional Services i i i i I I G:oityotrk RESOLUTION NO. (1992) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING FORTH THE AGREEMENT BETWEEN THE COUNCIL AND DIANE GLADWELL CITY CLERK, REGARDING COMPENSATION AND RELATED MATTERS WHEREAS, Charter Section 701 provides that the Council is responsible for the appointment and removal of the City Clerk; and WHEREAS, the Council has conducted an extensive search for a City Clerk and desires to appoint the best qualified candidate to the position; and WHEREAS, the Council is committed to developing and promoting an effective and professional Management Team, including the City Clerk; and WHEREAS, the Council by resolution has established a Managerial Compensation Plan for Appointed Officials and Certain Management Personnel including the City Clerk; and WHEREAS, the Council has evaluated the relevant compensation factors for the City Clerk; and WHEREAS, the council desires to adjust the compensation of the City Clerk commensurate with the level of performance and consistent with the goals and purposes of the Appointed Officials Policies and Procedures; and WHEREAS, the Council desires to address other matters relating to the terms and conditions of employment for the City Clerk; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Resolution No. (1992 Series) Page 2 SECTION 1 : Employment Terms and Conditions In consideration of Ms. Gladwell's acceptance of the above confirmation of employment, this Council adopts the following employment terms and conditions: A. Effective Date. September 14, 1992, is hereby designated as the date of commencement of Ms. Gladwell's duties to serve directly for and at the pleasure of the City Council. B. Termination and Severance Pay. In the event Ms. Gladwell's employment is terminated by the Council during such time that she is willing and able to perform the duties of City Clerk the City agrees to pay her a lump sum cash payment equal to six (6) months compensation (salary and all appointed officials fringe benefits). Should Ms. Gladwell obtain employment during the six-month period following termination, she shall reimburse City proportionately. In the event that she is terminated for good cause then the City shall have no obligation to pay the lump sum severance payment mentioned above. In the event Ms. Gladwell voluntarily resigns her position with the City, she shall give the Council at least one (1 ) month advance written notice. C. Compensation. Ms. Gladwell's salary shall be established by Council resolution. This salary may be adjusted by appropriate action of the Council at any time in accordance with Section 1 of the Managerial Compensation Plan for Appointed Officials and Certain Management Personnel. Resolution No. (1992 Series) Page 3 All other compensation and benefits afforded under the Managerial Compensation Plan shall be in full force and effect. D. Outside Emolovment. Conduct and Behavior. (i) Ms. Gladwell may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the Council. (ii) Ms. Gladwell 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 Clerk or give rise to the appearance of impropriety. E. Professional Develooment. City shall provide funds for certain items, activities and materials deemed necessary and desirable for Ms. Gladwell's continued professional development, participation, growth and advancement, and therefore, for the good of the City. Those items, activities and materials shall include: (i) Professional dues and subscriptions necessary for full participation in appropriate and relevant associations and organizations. (ii) Travel and subsistence expenses for professional meetings and similar functions (e.g., short courses, institutes, seminars) to foster professional development. (iii) Others, as shall be agreed upon from time to time between Ms. Gladwell and the City. Resolution No. (1992 Series) Page 4 F. Other terms and Conditions of Emolovment. The Council shall set any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Ms. Gladwell, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this resolution, the City Charter or any other law. G. General Provisions. It is the intent of the Council that this agreement and the appointment of Ms. Gladwell as City Clerk be in accordance with the requirements and provisions of the Charter. Wherever possible the provisions of this resolution shall be construed in a manner consistent with the Charter. If any provision of this resolution conflicts with the Charter, the Charter shall control. An invalid provision of the resolution is severable and shall not affect any other provision. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this day of August, 1992. C-�I-B Resolution No. (Series 1992) Page 5 Mayor Ron Dunin ATTEST: City Clerk Pam Voges APPROVED: City dministrative Officer i Att rn Finance Vlmctor Personnel Director RESOLUTION NO. (1992 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for, among other positions, the City Clerk in the Managerial Compensation Plan for Appointed Officials et.al. (Resolution No. 8015 - 1992 Series); and WHEREAS, by Resolution No. (1992 Series), the City Council appointed Diane Gladwell City Clerk; and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under section 2 of the Managerial Compensation P'an for Appointed Officials et.al. (Resolution No. 6604 - 1989 Series): NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1 . Effective September 14, 1992, the City Clerk's salary shall be $4,450 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Clerk Employment Agreement (Resolution No. - 1992 Series) not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Clerk annually. Resolution No. (Series 1992) Page 2 On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolution was passed and adopted this day of August, 1992. Mayor Ron Dunin ATTEST: City Clerk Pam Voges + + t t + t + +r t r APPROVED: City dministrative Officers Finance Director i At rn Personnel Director RESOLUTION NO. (1992 Series) RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT FOR CITY CLERK SERVICES BETWEEN THE CITY OF SAN LUIS OBI13PO AND PAM VOGES BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1 . That certain agreement attached hereto, marked "Exhibit A," and incorporated herein by reference, between the City of San Luis Obispo and Pam Voges is hereby approved and the Mayor is authorized to execute the same. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: The.foregoing Resolution was passed and adopted this day of August, 1992. Mayor Ron Dunin ' ATTEST: City Clerk Pam Voges (12 1-Lk Resolution No. (1992 Series) APPROVED: LI City dministrative Officer it tt ne Finance irector / 1 , C Personnel Director Exhibit A AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City"), and Pam Voges, an individual, to provide City Clerk related services (hereinafter referred to as "Employee"). WITNESSETH: WHEREAS, Pam Voges is a qualified City Clerk capable of performing all functions related to City Clerk duties including election and records management services; and WHEREAS, the City desires to employ her to perform certain City Clerk services. NOW, THEREFORE, City and Employee for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning October 1. 1992, Employee agrees to provide services to the City related to City Clerk operations, specifically including election and records management functions. Said services shall continue through November E;. 1992, providing, however, that Employee and City mutually agree that Employee shall not work in excess of 20 hours per week during the term of this Agreement. The general duties to be performed by said Employee shall be at the direction of the City Council. 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Employee at all times covered by the terms of this Agreement, is acting as an employee of the City and is afforded all compensation and benefits under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series); and the City Clerk Employment Agreement (Resolution No. 6172 - 1987 Series), except for reduction of hours worked, or as otherwise superseded by Paragraph 1 above, shall remain in full force and effect. Any and all supervision and direction by the City Council shall be only that necessary to provide broad general outlines, and Employee is to use her own initiative and discretion in performing the details of her work provided that the Council may request specific reports or direction. 3. City agrees to provide working space at the City and supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. Employee agrees that hours worked shall not exceed 20 hours per week payable in accordance with regular City payroll procedures. Employee will accrue vacation, sick leave, or other similar benefits available to regular City employees. 5. Employee agrees to be readily available by telephone or other agreed upon communications method during normal business hours other than hours actually worked. C�l1-!5 6. Employee agrees to use her personal vehicle on City business at her expense. 7. Employee acknowledges that her employement with the City of San Luis Obispo shall terminate effective the end of the business day on November 6, 1992. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following address: City: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 Employee: Pam Voges 1740 Portola Street San Luis Obispo, CA 93405 IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed. Em o e �J Pa Voges City of San Luis Obispo Mayor Ron Dunin ATTEST: Deputy City Clerk Kim Condon RESOLUTION NO. (1992 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for, among other positions, the City Clerk in the Managerial Compensation Plan for Appointed Officials et.al. (Resolution No. 8015 - 1992 Series); and WHEREAS, by Resolution No. 4516 (1981 Series), the City Council appointed Pam Voges as City Clerk; and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under Section 2 of the Managerial Compensation Plan for Appointed Officials et.al. (Resolution No. 6604 - 1989 Series); and WHEREAS, by Resolution No. 6995 - 1991 Series, the City Council established compensation for City Clerk Pam Voges. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 9, 1992, the City Clerk's salary shall increase from $4,520 per month to $4,640 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City Clerk Employment Agreement (Resolution No. 6172 - 1987 Series) not superseded by the above, shall remain in full force and effect with the following modifications: In the event Ms. Voges' employment is terminated by the Council, or a majority of the Council request her resignation during such time that she is willing and able to perform the duties of City Clerk, the City agrees to pay her a lump sum cash payment equal to six (6) months compensation (salary and all appointed officials' fringe benefits). Should Ms. Voges obtain employment during the six (6) month period following termination, she shall reimburse the City proportionately. SECTION 3. The City Council shall evaluate the performance of the City Clerk annually. On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: 0--047 Resolution No. 0 992 Series) Page 2 The foregoing Resolution was passed and adopted this day of 1992. MAYOR RON DUNIN ATTEST: PAM VOGES, CITY CLERK APPROVED: City Administrative Officer Ity or ey Finance DVficlor ersonnel Director