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HomeMy WebLinkAbout08 - City Clerk First Amended Employment AgreementTO: FROM CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 March 9, 2010 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Dave Kiff, City Manager 949 - 644 -3000, dkiff(a)newportbeachca.pov Terri L. Cassidy J.D., Human Resources Director 949 - 644 -3303, tcassidv aC )newportbeachca.gov SUBJECT: City Clerk First Amended Employment Agreement ISSUE: Shall the City Council adopt the first amended employment agreement with City Clerk, Leilani Brown? RECOMMENDATION: Staff recommends City Council adopt the first amended employment agreement with the City Clerk, Leilani Brown for a total base compensation of One Hundred Ten Thousand Eight Hundred Nine Dollars 82/100 (($110,829.82). DISCUSSION: City Council conducted an annual evaluation of the City Clerk's performance on February 23, 2010 in accordance with the terms of the initial Employment Agreement. Based on Ms. Brown's performance and experience, City Council approved a retroactive increase in her base annual compensation effective November 22, 2009. In preparing the Contract Amendment, City Council analyzed where the Newport Beach City Clerk's total compensation sits in relation to clerks in similarly - situated jurisdictions, in relation to her duties (again when compared with other jurisdictions), and in relation to others on the city's management team. As of the time of this amendment, the Council believes that the recommended action places the Newport Beach City Clerk where she should be at this point in time — but that as Ms. Brown adds experience (with an election cycle, for instance) a re- evaluation of her agreement (and possible change in compensation again as that compensation relates to other positions) may be warranted. In addition, the Council has asked that staff develop a more comprehensive compensation approach to positions in the City. This will assist the City Council as it reviews broader issues relating to compensation and may further affect future iterations of Ms. Brown's agreement. Environmental Review: This is not a project under CEQA. Public Notice: Seventy -two hours notice has been given pursuant to the Brown Act. No further notice is legally required. Funding Availability: Money is budgeted for the City Clerk position in the Clerk's department staffing budget. The additional funds will come from the General Fund — Unappropriated Fund Balance 010 -3605 for fiscal year 2009 -2010 and the adjusted amount has been allocated for fiscal year 2010 -2011. Submitted by: C 1� Z-C4 Dave Terri L. Cassidy, J.D. City Manager Human Resources Director FIRST AMENDED EMPLOYMENT AGREEMENT WITH LEILANI BROWN THIS FIRST AMENDED EMPLOYMENT AGREEMENT, is entered into as of this _ day of March, 2010, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and LEILANI BROWN ( "Brown ") and is made with reference to the following: RECITALS: A. Effective November 22, 2008 City and Brown entered into an Employment Agreement, hereinafter referred to as "Agreement," for employment as the City Clerk for the City. B. City Council conducted a six (6) month initial evaluation in accordance with the terms of the Agreement. Based on Brown's performance Council approved a five percent (5 %) increase to her base compensation retroactive to May 22, 2009. C. Effective June 29, 2009, and in accordance with the terms of the Agreement, Brown received a four percent (4 %) cost of living increase. D. City Council conducted an annual evaluation in accordance with the terms of the Agreement. Based on Brown's performance, on February 23, 2010, City Council approved a retroactive increase in her base annual compensation effective November 22, 2009. E. City and Brown mutually desire to amend Agreement to reflect this increase in base annual compensation, hereinafter referred to as "Amendment No. 1," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. BASE COMPENSATION Brown's base annual compensation shall be increased retroactively from November 22, 2009 by six thousand dollars and no /100 ($6,000.00) for a total annual base compensation of One Hundred Ten Thousand Eight Hundred Twenty Nine Dollars 82/100 ($110,829.82 ). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDEMENT TO EMPLOYMENT AGREEMENT on the date first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY A Municipal Corporation e By: By: David R. Hunt, Keith D. Curry, City Attorney Mayor ATTEST: Lilian Washington, Assistant City Clerk E EMPLOYEE: LEILANI BROWN a Leilani Brown