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HomeMy WebLinkAboutWORKMAN, WILLIAM - 2000-10-02Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied lAers Si n re t Council Meeting Date: (D 0 Department ID Number: CA 04-6 CITY OF HUNTINGTON BEACH w REQUEST FOR COUNCIL ACTION � Llns �t SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator ar{Q I y ` ' PREPARED BY: WILLIAM WORKMAN, Assistant City Administrator`s -- a- v SUBJECT: Approval of Amendment to Agreement between the City and William Workman to Serve as the Acting City Administrator and Authorize the Mayor to Execute. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City is in need of an acting City Administrator until such time that the City Council has completed its executive search for this position and is prepared to make a permanent appointment to the position. The City Council has requested William Workman, who presently serves as the Assistant City Administrator, to serve as the acting City Administrator until that permanent appointment to the position of City Administrator is made. Funding Source: No additional appropriation is required. Recommended Action: That the City Council approve the attached Amendment to the Employment Agreement between the City and William Workman, and authorize the Mayor and City Clerk to execute this Amendment for William Workman to serve as the acting City Administrator until a permanent appointment is made. Alternative Action(s): None. Analysis: The attached proposed Amendment provides for the City to appoint William Workman as the acting City Administrator until the City Council completes its executive search for the position of City Administrator, makes its choice for a permanent City Administrator, and this person begins his/her employment with the City of Huntington Beach. The Amendment also provides for William Workman to return to the position of Assistant City Administrator if and when the new City Administrator begins work. Mr. Workman has agreed to accept the appointment as Acting City Administrator for no additional compensation. hcQUEST FOR COUNCIL ACTivN MEETING DATE: Environmental Status: None. Attachment(s): RCA Author: PDA DEPARTMENT ID NUMBER: CA 04-6 Amendment to Employment Agreement between the City of Huntington Beach and William Workman. 2. ICurrent Employment Agreement between the City of Huntington Beach and William Workman dated October 2, 2000. 04-amend workman -2- 4/7/041:49 PM • • ATTACHMENT NO. 1 -1 C� • AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLIAM WORKMAN THIS AMENDMENT is made and entered into between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "the City," and William Workman, hereinafter referred to as "Workman." WHEREAS, Workman is currently employed by the City as the Assistant City Administrator, and it is the desire of the City to retain the services of Workman as Acting City Administrator until the City appoints a permanent City Administrator; and It is the desire of the City and Workman to amend that certain agreement dated October 2, 2000 entitled "Employment Agreement Between the City of Huntington Beach and William Workman," hereinafter referred to as the "Original Agreement," to provide for the appointment of Workman as the Acting City Administrator; and It is the desire of City.to: (1) provide inducement for Workman to become the Acting City Administrator and remain in City's employment; (2) make possible full work productivity by providing Workman with assurances regarding his employment; and (3) provide an equitable means for Workman to return to his current position upon City's selection of a permanent City Administrator. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. APPOINTMENT AS ACTING CITY ADMINISTRATOR Effective May 1, 2004, City hereby appoints Workman as the Acting City Administrator of the City of Huntington Beach to perform the functions and duties specified in the City Charter, and to perform other legally permissible duties and functions as the City 04agree/workman amend 1 Council shall from time to time assign. Workman is a Charter Officer and possesses the powers and is subject to the limitations of the Charter, including Sections 400 and 401. 2. TERM This Amendment shall remain in effect until a permanent City Administrator is selected by the City Council, or until terminated by either party as set forth in Section 3 herein. 3. TERMINATION A. This Amendment will automatically terminate upon the City's appointment of a permanent City Administrator, or as otherwise provided herein. B. ' Either party may terminate this Amendment after providing the other party with a thirty -day (30) notice of intention to terminate this Agreement. Such notice can be provided at any time. C. Upon any termination hereof, Workman shall be returned to his previous position with .City as Assistant City Administrator under the terms and conditions contained in the Original Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 04agree/workman amend 2 • • IN WITNESS WHEREOF, the City has caused this Amendment to be signed and duly executed on its behalf by its Mayor and City Clerk, and Workman has signed and executed this Amendment on April 19 2004. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor AND Crty Clerk y OVED AS TO FORM: c i City Attorney Q--Q- \ o� �I�S/may INITIATED, REVIEWED AND APPROVED: Cit Administrator 04agree/workman amend ATTACHMENT NO. 2 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLIAM WORKMAN THIS AGREEMENT is made and entered into this 2nd day of October , 2000, between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "the City," and William Workman, hereinafter referred to as "Workman." WHEREAS, the City Administrator has been empowered to appoint and remove the Assistant City Administrator, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Workman as the Assistant City Administrator of the City; and It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Workman; and It is the desire of the City to - - (1) Secure and retain the services of Workman and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Workman's service at such time as he may be unable fully to discharge his duties due to disability or when the City may otherwise desire to terminate his employ; and Workman desires to accept employment as the Assistant City Administrator of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1: DUTIES. City agrees to employ Workman as the Assistant City Administrator of the City, to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other 1 g:4:2000Agree: Workman RLS 00-924 9/25(2000 legally permissible duties and functions as the City Administrator shall from time to time assign. Workman shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2: STATUS AND TERM. (a) Workman shall serve for an indefinite tern at the pleasure of the City Administrator and shall be considered an at -will employee of city. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Workman at any time, subject only to the provisions set forth in Section 6, paragraphs (a), (b) and (c) of this Agreement. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Workman to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, paragraph (d) of this Agreement. (d) Workman agrees to remain in the exclusive employ of the City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Administrator until notice of resignation is given. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self employment, however, said term shall not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Workman's time off, and with the advance approval of the City Administrator. SECTION 3: SALARY. The City agrees to pay Workman for his services rendered pursuant to this Agreement at Range 640, Step D of the City's classification and compensation plan or such resolutions or ordinances from time to time enacted that govern such compensation. 2 g:4:2000Agree: Workman RLS 00-924 9/25/2000 SECTION 4: OTHER BENEFITS. Workman shall also receive all such other benefits including any salary increases that are generally applicable to non -associated employees as of the date of this Agreement, and as may be amended after the date of this Agreement, including but not limited to health (including dental and vision) insurance, life insurance, general leave, deferred income package, income protection plan, holidays, bereavement and family illness leave, physical examination, and reimbursement of Workman's PERS contribution. Except as otherwise provided in this Agreement, the benefits shall be subject to the rights and restrictions otherwise applicable to non -safety non -associated employees during the term of this Agreement. The City will pay an auto allowance of $475.00 per month as reimbursement for the use of Workman's personal auto on City business. Workman will primarily use Workman's personal auto for City business, and will use City vehicles on an exception basis only. This provision does not in any way restrict Workman's use of his personal automobile for personal use. The auto allowance will increase only upon specific City Council action, or when department head auto allowances are increased, in which case Workman's auto allowance will be adjusted equally. The City will provide a car cellular telephone and a pager and will pay the monthly expenses incurred for City business; Workman will reimburse the City for personal use. SECTION 5: ADMINISTRATIVE LEAVE, RETIREMENT (a) Workman shall be credited with 10 days paid administrative leave per year. The amount of administrative leave will increase only upon specific City Council action, or when department head administrative leave is increased, in which case Workman's administrative leave will be increased equally. 3 g:4:2000Agree: Workman RLS 00-924 9l25/2000 (b) PERS Retirement Plan will be utilized on the single highest year compensation formula with the City paying both the City's and Workman's full PERS contributions. SETION 6: GENERAL LEAVE. Workman shall provide the City Administrator with reasonable notice prior to taking two or more general leave or administrative leave days off other than for illness or injury. Workman's general leave accrual rate will be the same as that provided to department heads with one to four years of service with the City, and shall be increased upon additional years of service with the City as provided in the Non -Associated Employees Benefit Resolution. SECTION 7: TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the -event the City Administrator terminates the employment of Workman, and during such time that Workman is willing and able to perform his duties under this Agreement, then the City shall pay to Workman a severance payment equal to salary payments which Workman would have been receiving over a sixteen week period at Workman's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of one hundred twenty (120) calendar days after the date of termination or the time Workman secures health and medical insurance through attainment of comparable employment, the City shall maintain and pay for health, medical, disability, the continuation of retirement benefits and life insurance in such amounts and on such terms as have been received by Workman and Workman's dependents at the time of such termination; however, no other or additional benefits shall accrue during this one hundred twenty (120) calendar day period. (b) (1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Workman without severance pay: 4 g:4:2000Agree: Workman RLS 00-924 9/25/2000 (i) a willful breach of this Agreement or the willful and repeated neglect by Workman to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony. (2) Prior to the time that the City Administrator terminates Workman without severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Administrator shall provide Workman with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Workman may request an opportunity to respond to the reasons and factual basis provided by the City Administrator. If such a request to respond is made, the City Administrator shall conduct a meeting, which may be informal in nature, at which Workman may respond to the notice of proposed termination. At such meeting, Workman may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Administrator as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties. (c) In the event the City at any time during the term of this Agreement reduces the salary of Workman from its then current year level, except as part of an across-the-board reduction for all Department Heads of the City, in or the event the City refuses, following written notice, to extend to Workman any non -salary benefit customarily available to all Department Heads, or in the event Workman resigns following a suggestion, whether formal or informal, by the City Administrator that he resign, then, in those events, Workman may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to extend or such 5 g:4:2000Agree: Workman RLS 00-424 9/25/2000 suggestion of resignation within the meaning and context of the severance pay provision in paragraph (a) above; provided that such option to be deemed terminated must be exercised by written notice from Workman to the City Administrator within ten (10) working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date Workman exercises the option to be deemed terminated. (d) In the event Workman voluntarily resigns his position, Workman shall give the City written notice at least thirty (30) days prior to the last workday, unless the City Administrator and Workman otherwise agree. Unless there is agreement to the contrary, if Workman fails to provide such notice to the City Administrator, any right to accrued benefits for general leave pay shall terminate. (e) It is understood that after notice of termination in any form, Workman and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 8: DISABILITY. If Workman is totally disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, he shall be eligible for Disability Leave upon exhausting all accrued general and administrative leave, and work duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Administrator for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Workman. If Workman is unable to return to work at that time, the City shall have the option to terminate the employment of Workman, subject to the requirements imposed on the City by Section 6, paragraph (a). 6 g:4:2000Agree: Workman RLS 00-924 9/25/2000 SECTION 9: PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Workman at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Workman and City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with Workman. Workman shall be eligible for a merit salary increased to "E" step upon the first year anniversary of this Agreement subject to approval of the City Administrator. SECTION 10: PROFESSIONAL DEVELOPMENT. (a) The City agrees to budget and to pay for the professional dues and subscriptions necessary to Workman's participation in national, regional,, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement and for the good of the City- (b) The City agrees to budget and to pay for the travel and subsistence expenses of Workman for professional and official travel, meetings and occasions adequate to continue the professional development of Workman and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the League of California Cities, the League City Managers' conference and such other national, regional, state and local government groups and committees thereof on which Workman serves as a member. Workman shall pay for all expenses of his spouse if she accompanies him on such trips. (c) The City agrees to budget and to pay for the travel and subsistence expenses of Workman for short courses, institutes and seminars that are necessary for his professional development and for the good of the City. 7 g:4:2000Agree: Workman RLS 00-924 9/25/2000 SECTION 11: FINANCIAL DISCLOSURE. Workman shall report to the City Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Workman shall report to the City Administrator any financial interest greater than Ten thousand Dollars ($10,000) in value in a firm doing work for the City or from which the City intends to make a purchase. Such reporting shall be made in writing by Workman to the City Administrator within ten (10) calendar days of the execution of this Agreement and further within ten (10) calendar days of acquisition of that interest in real property. Additionally, Workman shall report in writing to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 12: INDEMNIFICATION. The City shall defend and indemnify. Workman against any action, including, but not limited to, any tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Workman's duties as an employee or officer of the City, other than an action brought by the City against Workman, or an action filed against the City by Workman. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Workman should Workman be subject to such, should an action be pending after termination of Workman. The City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Workman, and pay the amount of any settlement or judgment rendered on that action. Workman shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. 8 g:4:2000Agree: Workman RLS 00-924 9/25/2000 SECTION 13: BONDING. The City shall bear the full costs of any fidelity or other bonds required of Workman under any law or ordinance. SECTION 14: OTHER TERMS AND CONDITIONS OF EMPLOYMENT. (a) The City Council, in consultation with the City Administrator, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Workman, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter or any other law. (b) All provisions of the City Charter and Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Workman as they would to non -associated employees (department heads) of the City in addition to said benefits enumerated specifically for the benefit of Workman except as herein provided. (c) Such other benefits as the City Council may authorize and grant in the future shall be included within the terms of this Agreement as if specifically amended into this Agreement. SECTION 15: NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party if sent by United States Postal Service, first class postage prepaid, and addressed as follows: TO CITY: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 9 g:4:2000Agree: Workman RLS 00-924 9/25/2000 TO WORKMAN: William Workman Assistant City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. SECTION 16: GENERAL PROVISIONS. (a) The text herein shall constitute the entire Agreement between the parties. (b) This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Workman. (c) This Agreement shall become effective upon November 6, 2000. (d) If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in frill force and effect. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and duly executed on its behalf by its Mayor, and duly attested by its City Clerk, and Workman has signed and executed this Agreement on the day and year first above written. �� • William Workman ATTEST: Z doxz City Clerk INITIATED, REVIEWED AND APPROVED: -K.&-A City Ad lnistrator 10 g:4:2000Agree: Workman R LS 00-924 9/25/2000 THE CITY: CITY OF HUNTINGTON BEACH, a municipal corporation Mayor APPROVED AS TO FORM: t 2- City Attorney �— The foregokv instrument W a correct copy of the odgkW on fie in this office. Attest L - � 2®O( Wan -c CONNIE «of the oty Council of the City of Huntkow Beach, GdkV"h . BY Deputy RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Approval of Amendment to Agreement between the City and William Workman COUNCIL MEETING DATE: ATTACH►I ST'U Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS RCA Author: REQUEST FOR LATE SUBMITTAL (To accompany RCA's submitted after Deadline Department: Admin I I Subject Amendment to Agreement with Wiliam Workman Council Meeting Date: 4/19/04 Date of This Request: 4/9/04 REASON (Whv is this RCA being submitted late?): The Council decided to appoint Bill Workman as Acting City Administrator in Closed Session on Monday 4/5/04. Preparation of the agreement and RCA could not, therefore, be completed until now. EXPLANATION(Why is this RCA necessary to this agenda?): The contract is to take effect on May 15t and so this is the last Council meeting to approve the contract prior to the effective date. CONSEQUENCES (Is this item time sensitive and how will shall delay adversely impact the City?): The enactment of the contract would be delayed. Signature: Department Head M Approved 0 Denied Ray Silver City Administrator Request for RCA Late Submittal.doc 07114/94 i W. MAP' - y ` W , M1010, ADMI N- Council/Agency Meeting Held: 10" 2"00 Deferred/Continued to: A roved ❑ Conditio Ily Approved ❑ Denied 4Uye D4- s Signature Council Meeting Date: October 2, 2000 Department ID Number: AD-092900 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratorao PREPARED BY: RAY SILVER, City Administrator ova SUBJECT: Approval of Employment Agreement for the Assistant City Administrator Statement Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: City Council approval is required for the employment agreement for the position of Assistant City Administrator. Funding Source: Funding for this position is authorized in the 2000-2001 Administration budget. Recommended Action: Motion to: "Approve and authorize the Mayor and City Clerk to execute the agreement between the City of Huntington Beach and William Workman to serve as the Assistant City Administrator." Alternative Action(s): Do not approve the employment agreement RMUEST FOR COUNCIL ACTIA MEETING DATE: October 2, 2000 Analysis: DEPARTMENT ID NUMBER:AD-092900 The city recruited statewide to fill the Assistant City Administrator vacancy. The Assistant City Administrator is responsible for coordinating all development and project related issues. In addition, the Assistant City Administrator is responsible for a number of organizational development programs, and serves as the City Administrator in his absence. The testing process resulted in the recommendation that William Workman be selected as the new Assistant City Administrator. William Workman currently serves as the City Manager for the city of Corona. He has previously served as Assistant City Manager for Corona, General Manager for the Yorba Linda Water District, and various other positions for the cities of Glendora and Oceanside. He has received a Bachelor of Arts Degree from California State University, Fullerton, and a Master of Public Administration Degree from the University of Southern California. The City Administrator is recommending William Workman to fill the position of Assistant City Administrator. Environmental Status: Attachment(s): RCA Author: RCA Assistant City Administrator Position -2- 9/27/00 4:30 PM ATTACHMENT #1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND WILLIAM WORKMAN THIS AGREEMENT is made and entered into this 2nd day of October ,:2000, between the City of Huntington Beach, a -California municipal corporation, hereinafter referred to as . "the City," and William Workman; hereinafter referred to as "Workman." WHEREAS, the City Administrator has been empowered to appoint and remove the Assistant City Administrator, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Workman as the Assistant City Administrator of the City; and It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Workman; and It is the desire of the City to: (1) Secure and retain the services of Workman and to provide inducement for him to remain in such employment; (2) To provide a means for terminating Workman's service at such time as he may be unable fully to discharge his duties due to disability or when the City may otherwise desire to terminate his employ; and Workman desires to accept employment as the Assistant City Administrator of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1: DUTIES. City agrees to employ Workman as the Assistant City Administrator of the City, to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other g:4:2000Agree: Workman RLS 00-924 9/25/2000 legally permissible duties and functions as the City Administrator shall from time to time assign. Workman shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2: STATUS AND TERM. (a) Workman shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at -will employee of city. (b) Nothing. in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of Workman at any time, subject only to the provisions set forth in Section 6, paragraphs (a), (b) and (c) of this Agreement. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Workman to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, paragraph (d) of this Agreement. (d) Workman agrees to remain in the exclusive employ of the City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Administrator until notice of resignation is given. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self employment, however, said term shall not be construed to include occasional teaching, writing, consulting; or military reserve service performed on Workman's time off, and with the advance approval of the City Administrator. SECTION 3: SALARY. The City agrees to pay Workman for his services rendered pursuant to this Agreement at Range 640, Step D of the City's classification and compensation plan or such resolutions or ordinances from time to time enacted that govern such compensation. 2 g:4:2000Agree: Workman RLS 00-924 9/25/2000 SECTION 4: OTHER BENEFITS. Workman shall also receive all such other benefits including any salary increases that are generally applicable to non -associated employees as of the date of this Agreement, and as may be amended after the date of this Agreement, including but not limited to health (including•dental and vision) -insurance; -life insurance,. general leave, . Aeferred: income -package, income.protection plan; holidays, bereavement and -family illness leave, physical examination, and reimbursement of Workman's PERS contribution.: Except as otherwise provided in this Agreement, the benefits shall be subject to the rights and restrictions otherwise applicable to non -safety non -associated employees during the term of this Agreement. The City will pay an auto allowance of $475.00 per month as reimbursement• for the use of Workman's personal auto on City business. Workman will primarily use Workman's personal auto for -City business, and will use City vehicles on an,exception basis only. This provision does not in any way restrict Workman's use of his personal automobile for personal. -use. The auto allowance will increase only upon specific City Council action, or when department head auto. allowances are increased, in which case Workman's auto allowance will be adjusted equally. The City will provide a car cellular telephone and a pager and will pay the monthly expenses incurred for City business; Workman will reimburse the City for personal use. SECTION 5 ADMINISTRATIVE LEAVE, RETIREMENT (a) Workman shall be credited with 10 days paid administrative leave per year. The amount of administrative leave will increase only upon specific City Council action, or when department head administrative leave is increased, in which case Workman's administrative leave will be increased equally. 3 g:4:2000Agree: Workman RLS 00-924 9/25/2000 • • (b) PERS Retirement Plan will be utilized on the single highest year compensation formula with the City paying both the City's and Workman's full PERS contributions. SETION 6: GENERAL LEAVE. Workman shall provide the City Administrator with reasonable notice prior to taking_two-or..more general leave or administrative -leave days off other . ;_. - than for illness or injury. Workman's general leave accrual:rate will be the same -as that.provided.-.. _ _. to department heads with one to four years of service with the City, and shall be increased upon additional years of service with the City as provided in the Non -Associated Employees Benefit Resolution. SECTION 7: TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Administrator terminates the employment of Workman, and during such time that Workman is willing and able to perform his duties under this Agreement, then the City shall pay to Workman a severance payment equal to salary payments which Workman would have been receiving over a sixteen week period at Workman's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of one hundred twenty (120) calendar days after the date of termination or the time Workman secures health and medical insurance through attainment of comparable employment, the City shall maintain and pay for health, medical, disability, the continuation of retirement benefits and life insurance in such amounts and on such terms as have been received by Workman and Workman's dependents at the time of such termination; however, no other or additional benefits shall accrue during this one hundred twenty (120) calendar day period. (b) (1) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Workman without severance pay: 4 g:4:2000Agree: Workman RLS 00-924 9/25/2000 (i) a willful breach of this Agreement or the willful and. repeated neglect by Workman to perform duties that he is required to perform; '(ii) conviction of any criminal act relating to employment with the City; (iii) -conviction of a felony. (2) ' Prior..to:the time.that;the. City: Administrator ierminates Workman without . severance pay for any of the reasons set forth in Section (b)(1) above, and only in that case, the City Administrator shall provide Workman with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, Workman may request an opportunity to respond to the"reasons and factual basis provided by the City Administrator. If such a request to respond is made, the City Administrator shall conduct a meeting, which may be informal in nature, at which Workman may respond to the notice of proposed termination. At such meeting, Workman may be represented by an attorney of his choice and present evidence or information relevant to the reasons:and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Administrator as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties. (c) In the event the City at any time during the term of this Agreement reduces the salary of Workman from its then current year level, except as part of an across-the-board reduction for all Department Heads of the City, in or the event the City refuses, following written notice, to extend to Workman any non -salary benefit customarily available to all Department Heads, or in the event Workman resigns following a suggestion, whether formal or informal, by the City Administrator that he resign, then, in those�events, Workman may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to extend or such 5 g:4:2000Agree: Workman RLS 00-924 9/25/2000 • • suggestion of resignation within the meaning and context of the severance pay provision in paragraph (a) above; provided that such option to be deemed terminated must be exercised by written notice from Workman to the City Administrator within ten (10) working days of notification of such reduction, refusal to extend; or suggestion:of resignation.= In. that event, the - -- - -severance payment shall be calculatedfromthe date Workman exercises the option to bedeemed terminated. (d) In the event Workman voluntarily resigns his position,. Workman shall give the City written notice at least thirty (30) days prior to the last workday, unless the City Administrator and Workman otherwise agree. Unless there is agreement to the contrary, if Workman fails to provide such notice to the City Administrator, any right to accrued benefits for general leave pay shall terminate. (e) It is understood that after notice of termination in any form, Workman and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 8: DISABILITY. If Workman is totally disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, he shall be eligible for Disability Leave upon exhausting all accrued general and administrative leave, and work duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Administrator for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Workman. If Workman is unable to return to work at that time, the City shall have the option to terminate the employment of Workman, subject to the requirements imposed on the City by Section 6, paragraph (a). 6 g:4:2000Agree: Workman RLS 00-924 9/25/2000 SECTION 9: PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of Workman at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Workman and City Administrator. Those criteria -may be added to or deleted from as the City. Administrator may from time to timedetermine, in consultation with Workman. Workman shall be eligible for a merit salary increased to "E" step upon the first year anniversary of this Agreement subject to approval of the City Administrator. SECTION 10: PROFESSIONAL DEVELOPMENT. (a) The City agrees to budget and to pay for the professional dues and subscriptions necessary to Workman's participation in national, regional, state and local associations and organizations necessary and desirable for his continued -professional participation, growth and advancement and for the good of the City. (b) The City agrees to budget and to pay for the travel and subsistence expenses of Workman for professional and official travel, meetings and occasions adequate to continue the professional development of Workman and to adequately pursue necessary official and other functions for the City, including but not limited to the Annual Conference of the International City Management Association, the League of California Cities, the League City Managers' conference and such other national, regional, state. and local government groups and committees thereof on which Workman serves as a member. Workman shall pay for all expenses of his spouse if she accompanies him on such trips. (c) The City agrees to budget and to pay for the travel and subsistence expenses of Workman for short courses, institutes and seminars that are necessary for his professional development and for the good of the City. 7 g:4:2000Agree: Workman RLS 00-924 9/25/2000 • • SECTION 11: FINANCIAL DISCLOSURE. Workman shall report to the City. Administrator any ownership interest in real property within the County of Orange, excluding personal residence. Also, Workman shall report to the City Administrator any financial interest .greater than Ten thousand Dollars.($10,000) in :value ima,firm doing •work•for-the.Cityor from. :-- ,which the City intends to make,a purchase. Such-reporting:shall be made in writing by Workman to the City Administrator within ten (10) calendar days of the execution of this Agreement and further within ten (10) calendar days of acquisition of that•interest in real property. Additionally, Workman shall report in writing to the City Administrator any financial y interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 12: INDEMNIFICATION. The City shall defend and indemnify Workman_ against any action, ,including, but not limited to, any tort, professional liability claim or demand,. or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Workman's duties as an employee or officer of the City, other than an action brought by the City against Workman, or an action filed against the City by Workman. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of Workman should Workman be subject to such, should an action be pending after termination of Workman. The City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Workman, and pay the amount of any settlement or judgment rendered on that action. Workman shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. 8 g:4:2000Agree: Workman RLS 00-924 9/25/2000 C� • SECTION 13: BONDING. The City shall bear the full costs of any fidelity or other bonds required of Workman under any law or ordinance. SECTION 14: OTHER TERMS AND CONDITIONS OF EMPLOYMENT. (a) .. The City Council; in -consultation -with the -City Administrator, shall _fix - any such • . -other terms and conditions of employment; as._it may. determine. from time -to time,: relating-to;the performance of Workman, provided -such terms and conditions are not inconsistent -with or in . . conflict with the provisions of this Agreement, the City Charter.or -any. other. law. (b) All provisions of the City Charter and Code, and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits,and working conditions as they now exist or hereafter may.be amended, also Shall apply to Workman as they -would to non -associated: employees.(department_heads) of the City -in addition to -said benefits enumerated specifically for the benefit of Workman except -as. - herein provided. (c) Such other benefits as the City Council may authorize and grant in the future shall be included within the terms of this Agreement as if specifically amended into this Agreement. SECTION 15: NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party if sent by United States Postal Service, first class postage prepaid, and addressed as follows: TO CITY: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 E g:4:2000Agree: Workman RLS 00-924 9/25/2000 IF839FOUTNTS MEN William Workman Assistant City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 • Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. SECTION 16: GENERAL PROVISIONS. (a) The text herein shall:constitute the entirelAgreement-between-the parties (b) This. Agreement shall be -binding upon and inure to the benefit of.the.heirs at law and executors of Workman. (c) This Agreement shall become effective upon November 6, 2000. (d) If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall. be deemed severable, shall not be affected and shall remain. in full. force .and effect. IN WITNESS WHEREOF, the City has caused. this Agreement to be signed -and duly executed on -its behalf by.its Mayors and dulyattested by its City. Clerk;: and-Workman.has.signed. and executed this Agreement on the day and year first above written. WORKMAN: William Workman ATTEST: City Clerk INITIATED, REVIEWED AND APPROVED: _62,=.�4 City AdKimistrator 10 g:4:2000Agree: Workman RLS 00-924 9/25/2000 THE CITY: CITY OF HUNTINGTON BEACH, a municipal corporation Mayor APPROVED AS TO FORM: City Attorney J. >rll4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH Connie Brockway, City Clerk Office of the City Clerk Liz Ehring, Deputy City Clerk 11 To: Date:_?_/a2Z C, Meeting Date: �— D Proposed City Council Agenda Items: The City Clerk's agenda item due to the following requirements that have no resubmit, please return to: Elaine Kuhnke, Management As Agenda Item: C' _ /TS6T1 Office/City Administrator's Office must reYvy your t been met. When your Agenda Item is r to sistant, Administration 1. Signature(s) Needed A On RCA B On Agreement C Other 2. Attachments A Missing B Not identified C Other �s 3. Exhibits A Missing B Not identified C Other 4. Insurance Certificate (Proof Of Insurance) A Not attached B Not approved by City Attorney's Office C Signed form notifying City Clerk that depayfnient will be responsible for obtaining insurance certificate on this item. (See form attached) 5.. Wording On Request For Counc' Action (RCA) Unclear A Recommended Action on RCA p6t complete .. B Clarification needed on RCA/ C Other 6. City Attorney Appr6val Required 7. Agreement Needs To Be Changed A Page No. 8. Other G:egenda/misdroalorm