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HomeMy WebLinkAboutThompson Amendment 12-15-11 EMPLOYMENT AGREEMENT AMENDED THIS AGREEMENT,(hereinafter referred to as the"Agreement")is made and entered into this 16th day of March, 2oo9, 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 Russell Thompson(hereinafter referred to as "Thompson"). Consistent with the provisions of AB 1344,this Agreement is hereby amended to include the addition of Item F under Section 3,effective this 15th day of December, 2011. SECTION 1 EMPLOYMENT A. The City agrees to and shall employ Thompson as the City Engineer/Public Works Director of the City of Atascadero. Thompson agrees to perform the functions and duties of the position of City Engineer/Public Works Director 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 City Engineer/Public Works Director 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. B. Thompson agrees to perform all such functions and duties to the best of his abilities and in a competent and efficient manner. Thompson 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. Thompson 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 Thompson 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 March 16 20o9,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 Thompson to terminate the employment of Thompson prior to the expiration of this Agreement,or any extension thereof, in accordance with Section 3 of this Agreement. SECTION.-i TERMINATION A. The City Manager and Thompson may agree mutually in writing to terminate Thompson's employment. B. The City may terminate Thompson's employment at any time without cause. In the event that Thompson is terminated by the City,and Thompson is otherwise ready,willing and able to perform his duties under this Agreement,the City shall pay Thompson severance compensation equal to six(6)months of salary and benefits. In consideration of this severance payment,Thompson 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. Thompson 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 Thompson 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. Thompson shall not, however, be entitled to any severance pay or other compensation at the termination of his employment. During the period subsequent to Thompson's submission of his notice terminating his employment,he shall continue to perform his duties as City Engineer/Public Works Director 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 Thompson is then removed from those duties and/or terminated by the City Manger,Thompson shall continue to receive compensation in the form of salary and benefits through the completion of the go (ninety)day notice period. D. The City Manager may terminate Thompson's employment for cause. In the event that Thompson 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 Thompson is terminated for cause, Thompson 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 Thompson, Thompson 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 Thompson's employment without cause,the terms of Subsection B hereof shall apply. E. The City Manager and/or Thompson may terminate this Agreement in the event that Thompson has been unable to perform the essential functions of his position due to disability for a period of three (3) months and it is medically determined that Thompson is permanently disabled from performing the essential functions of his position. 1. A determination that Thompson is permanently disabled shall be made by the City Manager based upon competent medical evidence and evaluation and in accord with the applicable state and federal laws pertaining to the protection of disabled persons. Any determination that Thompson 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 Manager that a question exists as to Thompson's ability to perform the essential functions of his position,based upon objective facts,the City Manager may require Thompson to undergo a fitness for duty examination. Nothing in this subsection shall obligate Thompson to waive his right to privacy under California Civil Code§56.1o(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§56.1o(c)(8). F. In the event Thompson is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243.4,Thompson 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 to Thompson a base salary within salary range M54,at"C"step. 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 Thompson's ordinary duties and responsibilities. In the event that Thompson 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 Thompson 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 Thompson's salary any and all sums as Thompson 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;Thompson shall be entitled to receive the same benefits as are accorded all other executive management employees except as herein provided. Thompson shall be entitled to the following benefits: a. In addition to benefits described herein, Thompson shall be entitled to the same benefits granted to executive 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. b. 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 Thompson's 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. Thompson shall receive three hundred dollars($300.00)each month as an automobile allowance. The allowance is in exchange for(1)Employee making available for his own use a personal automobile,and(2) for his use of his personal automobile for City related business and/or functions during, before and after normal work hours.Employee is not precluded from using City vehicles for City business during,before and after the normal workday.A City vehicle will not be provided to Employee for his exclusive use and no City vehicle shall be utilized by Employee for commuting purposes. G. The City agrees to support the maintenance of the following license necessary for Thompson to maintain active status as the City Engineer: Registered Civil Engineer. H. The City Manager shall fix any other terms and conditions of employment relating to Thompson's 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. I. 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 Thompson,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. SECTION 5 PERFORMANCE EVALUATION A. Annually, the City Manager, with the assistance of Thompson, may define such goals and performance objectives which the City Manager determines necessary for the proper operation of City's Public Works Department and shall further establish a relative priority among those various goals and objectives. These goals and objectives shall be reduced in writing and should be reasonably attainable within the time limitations specified by the City Manager and in light of the appropriations provided through the annual operating and capital budgets. B. The City Manager shall review and evaluate Thompson's performance annually. This review and evaluation shall take into account any goals that may have been developed by the City Manager,as well as Thompson's performance of other functions and duties. The City Manager shall provide to Thompson a summary written statement of the evaluation and shall provide Thompson with the opportunity to discuss the evaluation with the City Manager. SECTION 6 GENERAL PROVISIONS A. This Agreement constitutes the sole understanding and agreement of the City and Thompson with respect to the matters set forth herein and supersedes any and all prior negotiations,statements,instructions, representations or agreements,whether written or oral. B. The parties agree and acknowledge that no representations,inducements,promises or agreements, oral or otherwise,have been made by any party, or by anyone acting on behalf of any party,which are not contained herein and that any agreement,statement or promise not contained in this Agreement shall not be valid or binding on either party. C. Any amendment to this Agreement shall be valid only if in writing approved and signed by both parties,unless otherwise specified in this Agreement. D. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions shall nevertheless continue in full force and effect. E. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,the prevailing party shall be entitled to recover reasonable attorney's fees and costs in addition to any other relief to which that party may be entitled. F. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF,the parties hereto have executed this agreement as of the date and year first written above. CITY: Tho pson• Wade G.McKinney Russell Thompson City Manager City Engineer/Director, lic Works