The URL can be used to link to this page

Home My WebLink About2002-29 - City Attorney Compensation AdjustmentRESOLUTION NO. 2002- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADJUSTING THE COMPENSATION PAID TO THE CITY ATTORNEY WHEREAS, the City Council has evaluated the performance of the City Attorney during the preceding (18) months; WHEREAS, an adjustment to the base salary and minor modifications to other provisions of the current employment agreement are appropriate in light of the performance of the City Attorney and the compensation paid to other in house city attorneys in Orange County WHEREAS, the proposed modifications to compensation and benefits are reflected in the Employment Agreement that is attached to this Resolution as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City of Council of the City of Newport Beach that the salary and benefits of the City Attorney shall be as specified in Exhibit A and that the Mayor is authorized to execute Exhibit A on behalf of the City Council. ADOPTED, this 9th day of April 2002. Tod Ridgew Mayor of thc6,eity of N ort Beach ATTEST: �FNEVY�A LaVonne Harkless, City Clerk v 0 c, RORNIA STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2002 -29 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of April, 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of April, 2002. (Seal) City Clerk Newport Beach, California EXHIBIT A EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT, (Agreement) entered into this 9t' day of April 2002, by and between the CITY OF NEWPORT BEACH, a municipal corporation (City), and ROBERT H. BURNHAM (Burnham) is made with reference to the following: A. City has employed Burnham as the City Attorney since January 1983; B. City and Burnham have entered into a series of employment agreements since March 14, 1992; C. This Agreement is intended to modify provisions of the current agreement related to salary and flex leave accrual and otherwise to accurately reflect the terms and conditions of Burnham's employment as City Attorney. SECTION 1: Employment as City Attorney. A. City shall continue to employ Burnham as City Attorney of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and the Newport Beach Municipal Code. Burnham shall also perform other duties assigned by the City Council or City Manager, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally and are performed by legal counsel for other municipalities. Burnham shall obtain the prior written approval of City Council prior to performing legal services, for compensation, for any person or entity other than City. B. Burnham shall devote at least eighty (80) hours every two (2) weeks to the performance of his duties as City Attorney unless on paid leave and /or unpaid leave approved by City Council or attending conferences. . SECTION 2: Effective Date/Term. This Agreement shall remain in effect until terminated pursuant to Section 4 of this Agreement. SECTION 3: Base Compensation. City shall pay Burnham an annual base salary of $165,000.00, effective December 1, 2001, in twenty -six (26) equal installments paid at the same time other management employees of City are paid. City shall have the right to deduct or withhold from Burnham's base salary any and all sums required for federal income and social security taxes and all state or local taxes now applicable or that may become applicable in the future. City may also deduct sums Burnham is obligated to pay because of participation in plans or programs generally described in Section 6 of this Agreement. 1 SECTION 4: Termination and Severance Pay. A. Burnham may terminate this Agreement by giving City at least sixty (60) days prior written notice of termination. Burnham shall provide as least one hundred eighty (180) days notice in the event termination is based on a decision to retire. B. City may terminate Burnham, without cause, upon the affirmative votes of a majority of the members of City Council at any regular meeting. However, Burnham may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of City Council. Burnham shall be furnished with written notice stating the Council's intention to terminate this agreement at least ninety (90) days prior to the effective date of termination. Burnham shall receive severance pay equal to one -half (1/2) of his annual base salary as of the date of termination, unless he is terminated because of criminal conduct, malfeasance in office, or a gross abuse of discretion. SECTION 5: Employee Benefits /Special Provisions. A. Except as otherwise provided in this Agreement or a Resolution of the City Council, Burnham shall be entitled to the same benefits as are provided to other management employees of City. The personnel rules and regulations of the City that are applicable to other management employees shall apply to Burnham unless except to the extent inconsistent with this Agreement. (1) Burnham shall receive eighty (80) hours of administrative leave per calendar year. Burnham shall not have the right to accrue administrative leave from year to year. Burnham shall not be entitled to any compensation, or compensatory time off, for overtime. Burnham shall receive flex leave in accordance with the then current rate for employees with similar longevity. Burnham shall not be entitled to flex leave spillover pay and shall not be subject to any flex leave accrual threshold. (2) Burnham shall have the right to "buy out" up to eighty (80) hours of flex leave each year. B. Burnham may undergo an annual physical examination and City shall reimburse Burnham for the actual cost of the examination up to a maximum of $750.00. SECTION 6: Business Expenses. City shall reimburse Burnham for all reasonable business expenses actually incurred by Burnham in the performance of services pursuant to this Agreement. 2 SECTION 7: Meetings and Conferences. Burnham shall, at City's expense, by entitled to attend a reasonable number of local or state conferences that provide continuing education or training relevant to the services he is required to perform pursuant to this agreement. In no event shall expenditures pursuant to this Section exceed the amount allocated for such purpose in the then current City Attorney's budget. SECTION 8: General Provisions. A. Burnham shall serve at the pleasure of the City Council as specified in the City's Charter and may be terminated "at will" subject to the procedural requirements specified in this Agreement and /or City ordinance. B. This Agreement shall be binding upon, and inure to the benefit of, the heirs, executors, and assigns of Burnham. C. Any notice required by this Agreement shall be in writing and deemed given when personally delivered (to the City Clerk in the case of City), or deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested, and properly addressed. D. This Agreement describes the complete understanding of the parties may be modified only by a writing signed by the party to be charged. CITY OF NEWPORT BEACH, By: Mayor CITY ATTDRNEY Attorney ATTES By�lld�rinr City Clerk Dated: q1 9 ;, Dated: Dated: Z 3