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Home My WebLink About16 - City Attorney's Employment AgreementCITY OF NEWPORT BEACH CITY COUNCIL REPORT Agenda Item No. 16 (June 13, 2006) TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Council Ad Hoc Compensation Committee Mayor Pro Tec Steve Rosansky Council Member Tod Ridgeway SUBJECT: Proposed Modifications to City Attorney's Employment Agreement RECOMMENDATION: Approve a two year employment agreement with the City attorney, which includes a 5% salary increase, effective June 1, 2006, and a 5% salary increase the second year, effective June 1. 2007. DISCUSSION: Earlier this year the City Council completed a performance evaluation for the City Attorney and found her to have effectively carried out her job duties. The City Council then appointed Council Member Tod Ridgeway and Mayor Pro Tern Steve Rosansky as the City Council's negotiators for discussing with the City Attorney terms of a renewal of her contract, including overall compensation and benefits. During the negotiation process the Council Committee reviewed the City Attorney's total compensation and other Orange County cities with in -house City Attorney's as comparisons. It was determined that the City Attorney's total compensation is below the other Orange County cities used as comparisons and we therefore recommend an increase in annual base compensation over a two year contract period. The Council Committee recommends the following modifications be made to the City Attorney's contract: 1. The contract be renewed for a two year period commencing June 1, 2006 and ending on May 31, 2008, with only those changes from the existing contract included within this recommendation. 2. Increase the City Attorney's current annual base salary of $165,000.00 by 5% effective June 1, 2006 making the annual base salary $173,250.00 and then an additional 5% increase, effective June 1, 2007, at which time the City Attorney's annual base salary would increase to $181,912.50. Proposed Modifications to City Attorney's Contract June 13, 2006 Page 2 3. The City Attorney's administrative leave time (time provided in -lieu of overtime) but not carried over from year -to -year, would be increased from 10 to 15 days per year. 4. If the agreement is terminated without cause, the City will provide the City Attorney with 90 days prior notice and three months severance pay. Based upon comparison information provided to us, there are five cities in the County of Orange that retain an in -house City Attorney position. It is our belief that these annual base compensation adjustments without increased benefits, will maintain our City Attorney's placement around fourth place in total compensation, which we believe is fair to both our City Attorney and community. We have spoken with the City Attorney and she is agreeable to these contract terms. Prepared by: Steve Rosansky, k, Mayor Pro Tern ✓ Attachments: Contract Prepared by: Tod RidgewaA Council Member EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT, (Agreement) entered into this — day of June, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation (City), and Robin Clauson (Clauson) is made with reference to the following: A. City has employed Clauson as the Assistant City Attorney since August 1989; and B. Clauson was appointed Acting City Attorney in August 2004; and C. Clauson was appointed and has served as City Attorney since December 2004 pursuant to an agreement approved on November 23, 2004, ; D. The Parties intend, through this Agreement, to specify the terms and conditions of Clauson's continued employment relevant to salary and benefits. SECTION 1: Employment as City Attorney. A. City hereby employs Clauson as City Attorney to perform the functions and duties of that position as specified in the City Charter and the Newport Beach Municipal Code. B. Clauson shall devote at least eighty (80) hours every two (2) weeks to the performance of her duties as City Attorney unless on paid leave and /or unpaid leave approved by City Council. C. Clauson shall obtain the written consent of the City Council prior to performing compensated legal services for any person or entity other than City. SECTION 2: Effective Date/Term. A. This Agreement shall commence on June 1, 2006 and shall remain in effect through May 31, 2008, unless terminated pursuant to Section 4 of this Agreement. The provisions of Section 8 shall survive the expiration of this Agreement. B. The City Council shall, approximately twelve (12) months after the effective date of this Agreement, conduct an evaluation of Clauson's performance in a closed session conducted pursuant to provisions of State law. SECTION 3: Base Compensation. Clauson currently receives an annual base salary of $165,000.00 which amount was effective December 1, 2004. City agrees to pay Clauson a five percent (5 %) increase of annual base salary effective June 1, 2006 and another five (5 %) increase effective June 1, 2007. Pay shall be made in the same manner and at the same time as other management employees of the City are paid. City shall have the right to deduct or withhold from Clauson'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 1 sums Clauson is obligated to pay because of her enrollment in any plan or program, such as group health plans, disability insurance programs and deferred compensation plans, generally offered to employees. SECTION 4: Termination. A. City may, during the term of this Agreement, terminate Clauson, without cause, upon the affirmative votes of a majority (4) of the members of the City Council at any regular meeting. However, Clauson 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. B. If Council terminates this agreement at anytime during the term of this agreement, Clauson 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 and shall be paid for an additional three months after such effective date of termination, unless 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 adopted prior to the effective Date of this Agreement, Clauson shall be entitled to and shall receive as compensation the same benefits, such as flex leave, medical cafeteria plan, disability, retirement or other similar benefits, and protections as are provided to other top level management employees of City. The personnel rules and regulations of the City that are applicable to other management employees shall apply to Clauson except to the extent they are inconsistent with this Agreement. (1) Clauson shall receive one hundred twenty (120) hours of administrative leave per calendar year. Administrative leave shall not accrue from year to year. Clauson shall not be entitled to any compensation, or compensatory time off, for overtime. (2) Clauson shall have the right to participate in any supplemental retirement or health insurance program that becomes effective prior to her retirement date provided the (i) she satisfies conditions to participation that are applicable to other management employees; or (ii) her participation will not, because of additional employee contributions or otherwise, cause the City to incur greater costs than they would with respect to other participants. B. Clauson may undergo an annual physical examination and City shall reimburse Clauson for the actual cost of the examination up to a maximum of $750.00. SECTION 6: Business Expenses. City shall reimburse Clauson for all reasonable business expenses, actually incurred by Clauson in the performance of services pursuant to this Agreement. Reimbursement shall be in accordance with any relevant City Council policy. 5 SECTION 7: Meetings and Conferences. Clauson shall, at City's expense, be entitled to attend a reasonable number of local or state conferences that provide continuing education or training relevant to the services she 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 and reimbursement for expenses shall be in accordance with any relevant City Council policy. SECTION 8: General Provisions. A. Clauson 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 any relevant provision of State or local law. B. This Agreement shall be binding upon, and inure to the benefit of, the heirs, executors, and assigns of Clauson. 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 and may be modified only by a writing signed by the party to be charged. CITY OF NEWPORT BEACH, Mayor CLAUSON Dated: By: Dated: Robin Clauson ATTEST Dated: City Clerk 3