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HomeMy WebLinkAboutCC 17 C.M. EMPLOY CONT 11-20-89.... ~ -~ ,~ CONSENT CALENDAR NO. 17 , TO: FROM: SUBJECT', WILLIAM HUSTON, CiTY MANAGER CITY ATTORNEY CiTY MANAGER EMPLOYMENT CONTRACT In consideration of the fact that the City Council approved a City Manager Employment Contract at the las% meeting under the agenda item of "Personnel Matters" it appears desirable to have the matter also placed on the agenda of the next meeting for reaffirmation and reapproval of the employment contract. For that purpose, attached is a copy of proposed Resolution No. 89-164A which has attached to it a copy of contract. ~ty Attorney JOR;cas:D: 11/15/89(A6/5) 10 1! 12 15 16 17 18 19 2O 21 22 25 26 27 28 A RESOLUT' N OF THE CITY COUNCIL OF ' E CITY OF TUSTIN, CALIFORNIA APPROVING A CI'~. MANAGER EMPLOYMSENT CONTRACT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE The City. Council of the City of Tustin hereby approves the Emplo.vment Contract attached hereto and authorizes and directs the Mayor and City. Clerk to execute same. Passed and adopted at a regular meeting of the City Council of the City of Tustin, California, held on the day of November, 1989.. Mayor ATTEST: Ci~! Clerk -MPLOYMENT AGREEMENT THIS AGREEMENT, is made and entered into, to be effective on the ~ ~ day of /~O~~6~ , 1989, by and between: AND THE CITY OF TUSTIN, a municipal corporation (hereinafter "City" ) WILLIAM A. HUSTON, (hereinafter referred to as "Employee"). W I T N E S S E T H: WHEREAS, in order for City to insure that its responsi- bilities for the health, welfare and safety of the public are met at all times, City must attract and retain in its employment management personnel who exhibit the highest degree of knowledge, experience, technical ability, professionalism, and qualities of leadership necessary to meet City ob3ectives; and WHEREAS, in order to attract and retain in its employment employees exhibiting qualities and experience necessary to ful- fill the long term City objectives, the City Council has determined that it is advisable to enter into an Employment Agreement with the City MaDager of City (Employee). NOW, THEREFORE, the parties agree as follows: Section 1: Term of Employment. City hereby employs Employee and Employee hereby accepts employment with City for a period of three (3) years, beginning on November 6, 1989 and terminating on November 5, 1992. Provided, however, that sixty (60) days prior to November 5, 1991, City and Employee shall negotiate the terms and conditions of an extension of this employment contract for the period following November 5, 1992. If the parties are unable to arrive at mutually agreeable terms of such an extension before November 5, 1991, the employment term shall terminate on December 6, 1991 and Employee shall receive one (1) years salary, accumulated general and administrative leave and continuation of medical benefits to December 6, 1992. Section 2: Employment Term Defined. As used herein, the phrase "Employment Term" refers to the · entire period of employment of Employee by City hereunder, whether for the periods provided abOve, or whether terminated earlier as hereinafte~ provided, or extended by mutual agreement between City and Employee. Section 3: 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. Section 4: 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 EmDloyment 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 la~, or materially interfere with the services required,-under this Employment Agreement. Section 5: .Uniqueness Of Employee's Services. Employee has many years of public service devoted to municipal administration. Additionally, he possesses many years of administrative experipnce in dealing with employees, the general public, other governmental agencies and legislative officials. These unique qualities provide valuable benefits to City that are not readily replaced. Section 6: Annual Salary. A. As compensation for the services to be performed hereunder, Employee shall receive the salary he is presently receiving, to wit: Ninety five thousand six hundred seventy five dollars and eighty-five cents ($95,675.85) per annum, payable not less than bi-weekly during the Employment Term. B. Employee shall receive such annual increases in salary in an amount equal to five percent (5%) of the base pay set forth in subparagraph A above effective January 1, 1990, and additional annual increases of five percent (5%) on January 1, 1991, and January 1, 1992. Employee's salary shall be further increased, as necessaz-y to the median (or other standard used for -'other management "employees) of survey cities used for other .management.employees. Section 7: Deferred Compensation. Employee shall be entitled to contribute a portion of his annual salary into the City's Deferred Compensation Plan investment fund. Such contribution shall be in the permissible amounts and other requirements of said Plan. Section 8: Employee Benefits. Cit~ shall provide Employee with all benefits provided all other management employees, including, but not limited to, City paid deferred compensation, health and dental benefits, Long-Term Disability (LTD), Public Employees Retirement System (PERS), general and adminstrative ~eave and life insurance. Section 9: Use of 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 said vehicle. Section 10: Tax Withholding. Cit~ 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. Section 11: Termination by City. Upon any discharge of Employee by the City Council prior to the end of the term of employment provided in this agreement, Employee shall be entitled payment of the salary and benefits, including accumulated"general '-and administrative leave and medical benefits ..provided .herein for the unexpired term. of employment prescribed herein. Section 12 Termination By Employee. Employee may terminate Employee's obligations under this Employment Agreement by giving City at least three (3) months' written notice in advance. Section 13: 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 s~all be deemed communicateu as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing. Section 14: Entire Agreement. This Employment Agreement supersedes any and all other agreements, ~ither 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, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, ,statement ,or promise not contained in this Employment Agreement shall be valid or binding on either party. Section 15: Modifications. Any modifications of this Employment Agreement will be ef- fective only if it is in writing and signed by the parties. Section 16: Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Employ- ment Agreement by the other party shall not be deemed a waiver of · . · that term, covenant or condition, nor shall an~ waiver or relin- quishment 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. Section 17' Partial Invalidity. If any provision in this Employment Agreement is held by a court of competent jurisdiction to be invalid, void or unen- forceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. Section 18: Governing Law. This Employment Agreement shall be governed by and construed An accordance with the laws of the State of California, in force and effect as of the date of execution. Executed on this day of , 1989 at Tustin, California. CITY OF TUSTIN By URSULA KENNEDY Mayor ATTEST: MARY WYNN City Clerk APPROVED AS TO FORM: By. JAMES G. ROURKE City Attorney WILLIAM A. HUSTON JGR:cas:R:ll/2/89(A99 )