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HomeMy WebLinkAboutStone Amendment 12-15-11 EMPLOYMENT AGREEMENT AMENDED THIS AGREEMENT, (hereinafter referred to as the "Agreement") is made and entered into this 13th day of June, 2001, by and between the City of Atascadero, County of San Luis Obispo, State of California, a municipal corporation (hereinafter referred to as the "City") and Kurt Stone (hereinafter referred to as "Stone") . Consistent with the provisions of AB 1344, this Agreement is hereby amended to include the addition of Item F under Section 3, effective this 15t" day of December, 2011 . SECTION 1 EMPLOYMENT A. The City agrees to and shall employ Stone as the Fire Chief of the City of Atascadero. Stone agrees to perform the functions and duties of the position of Fire Chief of the City of Atascadero as described by state law, the Municipal Code of the City of Atascadero, the job description of the position of Fire Chief as developed by the City Manager of the City, and all other duties and functions as the City Manager of the City shall from time to time assign. l B. Stone agrees to perform all such functions and duties to the best of his abilities and in a competent and efficient manner. Stone agrees to focus his full professional time, ability and attention to City business during the term of this Agreement and agrees not to engage in any other business pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior written consent of the City Manager. SECTION 2 TERM A. Stone shall serve at the will and pleasure of the City Manager. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Stone at any time and for any reason, or for no reason, subject only to the provisions specified in Section 3 of this Agreement. B. This Agreement shall become effective on June 13, 2001, and unless otherwise terminated under the provisions of Section 3, shall remain in effect indefinitely. C. Nothing in this Section shall or is intended to prevent, limit or otherwise interfere with the right of the City or Stone to terminate the employment of Stone prior to the expiration of this Agreement, or any extension thereof, in accordance with Section 3 of this Agreement. SECTION 3 TERMINATION A. The City Manager and Stone may agree mutually in writing to terminate Stone' employment. B. The City may terminate Stone' employment at any time without cause. In the event that Stone is terminated by the City, and Stone is otherwise ready, willing and able to perform his duties under this Agreement, the City shall pay Stone severance compensation equal to three (3) months of salary and benefits to be increased by one additional month for each additional complete year of employment to a maximum severance of 6 months. In consideration of this severance payment, Stone agrees that he shall not be entitled to any other payment or compensation of any kind from the City in connection with the termination of his employment. C. Stone may terminate his employment at any time for any reason by providing 90 days prior written notice to the City Manager. In the event that Stone provides such written notice, he shall be entitled to receive at the termination of this employment only such accrued unused and other such benefits as may be due and payable under applicable City rule, regulation or policy, and/or under applicable local, state or federal law. Stone shall not, however, be entitled to any severance pay or other compensation at the termination of his employment. During the period subsequent to Stone' submission of his notice terminating his employment, he shall continue to perform his duties as Fire Chief pursuant to this Agreement unless removed from those duties and/or terminated by the City Manager pursuant to the terms of this Agreement. However, in the event that Stone is then removed from those duties and/or terminated by the City Manger, Stone shall continue to receive compensation in the form of salary and benefits through the completion of the 90 (ninety) day notice period. D. The City Manager may terminate Stone' s employment for cause. In the event that Stone is terminated for cause, he shall not be entitled to the payment of any severance pay or compensation, other than the payment of accrued unused vacation leave. In the event that Stone is terminated for cause, Stone shall be entitled to prior written notification of the reason(s) for the termination, the facts upon which such reason(s) are based, copies of all supporting evidence and investigations regarding the facts and reason(s) for the termination, and the right to respond, orally or in writing or both, to the City Manager within five (5) working days of receipt of the notice of such termination. Furthermore, if requested by Stone, Stone shall have the right to a hearing before the City of Atascadero City Council which shall be a hearing de novo. In the event the decision to terminate for cause is reversed by the City Council and the City Manager terminates Stone' employment without cause, the terms of Subsection B hereof shall apply. E. The City Manager and/or Stone may terminate this Agreement in the event that Stone has been unable to perform the essential functions of his position due disability for a period of three (3) months and it is medically determined that Stone is permanently disabled from performing the essential functions of his position. 1. A determination that Stone is permanently disabled shall be made by the City Manger based upon competent medical evidence and evaluation and in accord with the applicable state and federal laws pertaining to the protection of disabled persons. In the event that the City becomes a member of the California Public Employees Retirement System (Cal PERS) , any determination that Stone is permanently disabled shall be made in accord with the laws governing the city' s membership in Cal PERS. 2. In the event it is determined by the City Manger that a question exists as to Stone' ability to perform the essential functions of his position, based upon objective facts, the City Manager may require Stone to undergo a fitness for duty examination. Nothing in this subsection shall obligate Stone to waive his right to privacy under California Civil. Code § 56. 10 (c) (8) , nor shall the City seek any report pursuant to this subsection beyond that to which it would be entitled under California Civil Code § 56. 10 (c) (8) . F. In the event Stone is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243. 4, Stone shall be required to fully reimburse the City in accordance with California Government Code sections 53243, 53243. 1, and/or 53243.2. SECTION 4 SALARY AND COMPENSATION A. Effective upon the commencement of this Agreement, the City shall pay Stone a base salary within the following monthly salary range: A Step B Step C Step D Step E Step 6,119 6424.95 6746.20 7083.51 7437.68 This salary shall be paid on a pro rata basis in regular installments pursuant to the City' s normal payroll procedures. B. The City Manager may set forth annually in writing certain goals consisting of duties and responsibilities above and beyond Stone' ordinary duties and responsibilities. In the event that Stone achieves such goals, he may be entitled to receive other compensation in addition to his regular salary and benefits. The City Manager shall set forth the amount of additional compensation to which Stone would be entitled in the same writing setting forth the annual goals. Any such additional compensation will be at the discretion of the City Manager with the approval of the City council if necessary. C. The City shall deduct or withhold from Stone' salary any and all sums as Stone may from time to time direct, or as required by law, including, but not limited to, sums for the payment of federal, state and/or local income taxes and retirement or pension plans. D. In addition to the compensation set forth in Sub-Section A above, Stone shall be entitled to receive the same benefits granted to mid-management employees. As used herein, benefits include, but are not limited to, vacation, sick leave, holiday pay, retirement (PERS) benefits and payments, health insurance, dental insurance, vision insurance, and life insurance. Stone shall be entitled to the following benefits: a. Eighty (80) hours of Administrative Leave shall be granted per fiscal year, to be used within that fiscal year. E. In its sole discretion, the City may increase Stone' base salary and/or other benefits beyond those set forth in this Agreement in such amounts and/or to such an extent as may be recommended by the City Manager on the basis of a salary review made at least annually by the City Manager. Any such increases shall be subject to the approval of the City of Atascadero City Council as required. F. The City shall provide Stone with an automobile to be used for City business. Due to the nature of Stone' s responsibilities as Fire Chief, the City understands and will permit Stone incidental personal use of this automobile. Personal use of the automobile shall require the approval of the City Manager. G. The City Manager shall fix any other terms and conditions of employment relating to Stone' performance as the City Manager may from time to time determine, provided that such other terms and conditions of employment are not contrary to or inconsistent with the terms set forth in this Agreement, the City' s rules, regulations and ordinances, local, state and/or federal law. H. Any provisions of the City code, rules, regulations and ordinances relating to management employee benefits as they now exist or may later be amended shall also apply to Stone, in addition to any benefits set forth in this Agreement, except as those provisions of the City code, rules, regulations and ordinances relating to management employee benefits may conflict or be inconsistent with the terms of this agreement, in which case the terms of this Agreement shall control.