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HomeMy WebLinkAbout14 EMP OF CITY MGR 11-18-96 LAW OFFICES OF WOODRUFF~ SPRADLIN & SMAR~I A PROFESSIONAL CORPORATION MEMORANDUM TO: FROM: DATE: RE: Honorable Mayor and Members of the City Council City of Tustin City Attorney November 13, 1996 Employment of the City Manager NO. 14 · ~ 1'1-18-96 '"~/"" ?'! 'f' ': /'i' '.~ RECOMMENDATION: Pleasure of the City Council. DISCUSSION' Attached is the proposed City Manager Employment Agreement for your approval. LOIS E. JEFFRI~fY~ F 0 Enclosu/ ' cc: ,JA/illiam A. Huston, City Manager 1100-00012 37779_1 EMPLOYMENT AGREEMENT .. THIS AGREEMENT is made and entered into to be effective on the 1st day of November, 1996, by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City"), and WILLIAM A. HUSTON, (hereinafter referred to as "Employee"). WITNESSETH WHEREAS, in order for City to insure that its responsibilities for the health, welfare and safety of the public are met at all times, City must attract and retain in its employment the management personnel who exhibit the highest degree of knowledge, experience, technical ability, professionalism, and qualities of leadership necessary to meet City objectives; WHEREAS, in order to attract and retain in its employment employees exhibiting qualities and experience necessary to fulfill the long-term City objectives, the City Council has determined that it is advisable to enter into this Employment Agreement with Employee. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and v. aluable consideration, receipt of which is hereby acknowledged, it is hereby agreed by and between City and Employee as follows: 1. Term of Employment. City hereby employs Employee and Employee hereby accepts employment with City beginning on November 1, 1996, and continuing until Employee or City (acting through the City Council) terminates this Agreement. 2. General Duties. Employee shall serve as the City Manager of the City. In the capacity of City Manager of City, Employee shall perform each and every duty prescribed by law pertaining to the position of City Manager of the City of Tustin or prescribed by the City Council and all services, acts, or things necessary or advisable to manage and conduct the business and affairs of the City, subject at all times to the policies set by the City Council and to the consent of the City Council when required by the terms of this Employment Agreement. 1100-00025 37596_2 1 and dental benefits, Long Term Disability (LTD), Public Employees Retirement System (PERS), general and administrative leave and life insurance. 8. City Automobile. City shall provide Employee with the use of a vehicle and shall pay for all costs and expenses of the maintenance and operation of said vehicle. Employee shall have unrestricted use of said vehicle, but shall pay for all fuel used for personal use. In lieu of a vehicle as provided herein, a vehicle allowance may be approved in writing by City and Employee, on such terms and conditions as are agreeable to the parties. 9. Tax Withholding. City shall have the obligation to deduct or withhold from the compensation due to Employee hereunder any and all sums required for federal income and other payroll taxes and all state or local taxes now applicable or that may be enacted and become applicable in the future. 10. Termination by .City_. Except when City's termination of this Agreement is based on Employee misconduct, in the event of a termination by City, Employee shall be entitled to and shall receive one (1) year's Salary, accumulated general and administrative leave, and a continuation of paid health and dental benefits for one (1) year. Misconduct means conviction of a felony or misdemeanor involving moral turpitude. 11. Termination by Emoloyee. Employee may terminate Employee's obligations under this Employment Agreement by giving City at least three (3) months prior written notice. 12. Notices. Any notices to be given hereunder by either party to the other shall be in writing and may be transmitted by personal delivery or by mail, registered or certified, postage prepaid, with return receipt requested. Mailed notices shall be addressed to the parties at the addresses maintained in the personnel records of City, but each party may change that address by written notice in accordance with this section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. 13. Entire Agreement. This Employment Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of Employee by City and contains all of the covenants and agreements between the parties with respect to that employment in any manner whatsoever. Each party to this Employment Agreement acknowledges that no representation, inducement, promise, or agreement, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Employment Agreement shall be valid or blinding on either party. 1100-00025 3 37596_2 3. Devotion to City's Business. A. Employee shall devote Employee's entire productive time, ability and attention to the business of City during the term of this Employment Agreement. .. B. Employee shall not engage in any other business, duties or pursuits whatsoever, or directly or indirectly render any service 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 Council. However, the expenditure of reasonable amounts of time for educational, charitable, or professional activities shall not be deemed a breach of this Employment Agreement if those activities do not materially interfere with the services required under this Employment Agreement, and shall not require the prior written consent of the City Council. C. This Employment Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs, if those activities are not deemed to be a conflict of interest by state law, or materially interfere with the services require under this Employment Agreement. 4. Uniaueness of Employee's Services~. Employee has many years of public service devoted to municipal administration. Additionally, he possesses many years of administrative experience in dealing with employees, the general public, other governmental agencies and legislative officials. These unique qualities provide valuable benefits to City that cannot be readily replaced. 5. Annual Salary. A. As compensatio'n for the services to be 'performed hereunder, Employee shall continue to receive the salary he is presently receiving, which is One Hundred Thirty-Four Thousand Twenty-Eight Dollars ($134,028), payable not less often than bi-weekly. B. Employee's salary and benefits shall be reviewed from time to time, at least every two (2) years, and may.be increased as determined in the discretion of the City Council. 6. Deferred Compensation. On behalf of Employee, City shall contribute an amount equal to the maximum allowed by law into the City's Deferred Compensation Plan investment fund. 7. ..Other Employee Benefits. City shall provide Employee with all other benefits provided to all other management employees, including, but not limited to, City paid health 1100-00025 37596_2 2 14. Modifications. Any modifications of this Employment Agreement will be effective only if it is in writing and signed by the parties. 15. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Employment Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 16. Partial Invalidity. If any provision in this Employment Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in anyway. 17. Governing Law. This Employment Agreement shall be govemed by and construed in accordance with the laws of the State of California, in force and effect as of the date of execution. Executed this · day of ., 1996 at Tustin, California. CITY OF TUSTIN, a municipal corporation By: Tracy Wills Worley, Mayor ATTEST: PAMELA STOKER, City Clerk 1100-00025 37596_2 APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney "Employee" WILLIAM A HUSTON 1100-00025 37596_2