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HomeMy WebLinkAboutC-3080 - City Clerk Employment Agreement�' It 0 a c_1W EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT, (Agreement) entered into this 26th day of February, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation (City), and LAVONNE M. HARKLESS ( Harkless) is made with reference to the following: A. City has employed Harkless as the City Clerk since January 1996; B. The Agreement has been modified several times by adoption of resolutions since January 1996; C. This Agreement is intended to modify certain provisions of the annual -base salary which was last assessed and adjusted in 2005, modified in accordance with the terms of the contract for a cost of living increase in 2006, and to otherwise accurately reflect the terms and conditions of Harkless' employment as City Clerk. SECTION 1: Emoloyment as City Clerk. A. City shall continue to employ Harkless as City Clerk of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Newport Beach Municipal Code. Harkless shall also perform other duties assigned by the City Council, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally. B. Harkless shall devote at least eighty (80) hours every two (2) weeks to the performance of her duties as City Clerk except when on paid leave and/or unpaid leave approved by the City Council or attending conferences. Harkless shall have the right to work a 9180 schedule. SECTION 2: Effective Date/Term. This Agreement shall be effective as of February 26, 2008 and shall remain in effect until terminated pursuant to Section 4 of this Agreement or upon retirement from active duty with the City. SECTION 3: Base Compensation. A. Effective as of October 13, 2007, City shall pay City Clerk an annual base salary of $128,400.00 in twenty-six (26) equal installments paid at the same time as other management employees of the City are paid. B. City shall have the right to deduct or withhold from Harkless' base compensation V� • 0 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 Harkless is obligated to pay cause of participation in plans or programs described in Section 5 of this Agreement. SECTION 4: Termination and Severance Pay. A. Harkless may terminate this Agreement by giving the City at least forty -five (45) days priorwritten notice of termination. B. City may terminate Harkless, without cause, upon the affirmative votes of a majority of the members of the City Council at any regular meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall fumish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (1/2) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. SECTION 5: Employee Benefits. A. Except as otherwise provided in this Agreement or Resolution of the City Council, Harkless shall be entitled to the same benefits as are provided to other management employees of the City. The personnel rules and regulations of the City that are applicable to other management employees shall apply to Harkless except to the extent inconsistent with this Agreement. 1. Harkless shall receive eighty (80) hours of administrative leave per calendar year. Harkless shall not have the right to accrues administrative leave from year to year. Harkless shall not be entitled to any compensation, or compensatory time off, or overtime. 2. Harkless shall receive flex leave in accordance with the then current rate for employees with similar longevity. 3. Harkless shall receive the same health and retirement benefits as are available to other non -safety management employees of the City. 4. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. 5. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the rate Harkless accumulates paid leave or 2 P. % • i alters employee benefits available to other on- safety management employees of the City. SECTION 6. Business Expenses. City shall reimburse Harkless for all reasonable business expenses actually incurred by Harkless in the performance of services pursuant to this Agreement. SECTION T. Meetings and Conference. Harkless shall, at City expense, be entitled to attend a reasonable number of local, state, and national conferences relevant to her performance of services pursuant to this Agreement, not to exceed $1,000.00 in total cost of any fiscal year. SECTION 8. General Provisions. A. Harkless shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may be terminated "at will" subject to the procedural and financial 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 Harkless. 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 the City), or deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested, and properly addressed. D. This Agreement represents the entire understanding of the parties and any modification is effective only if it is in writing and signed by the party to be charg CITY O WPO T BE H By: Dated: a a�P t7 E ward D. Selich, Mayor CITY CLERK " By Vp�� 0-•.� Dated: v� LaVonne M. Harkless 3 - 2M 31i00--aq h CITY OF NE WPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 26, 2008 TO: HONORABLE MEMBERS OF THE CITY COUNCIL FROM: Mayor Edward Selich Council Member Michael Henn Council Member Nancy Gardner SUBJECT: PROPOSED MODIFICATIONS TO CITY CLERK'S EMPLOYMENT AGREEMENT RECOMMENDATION: Approve the proposed Employment Agreement for the Newport Beach City Clerk. DISCUSSION: • Background: City Clerk Harkless signed an Employment Agreement with the City on January 15, 1996, which was subsequently modified on July 10, 2001. The Agreement calls for performance evaluations on at least an annual basis. The last evaluation was performed in 2005. Mayor Selich and Council Members Henn and Gardner met and prepared a preliminary draft of a performance review for the City Clerk for the period ended December 31, 2007, as well as preliminary key performance expectations for the year ending December 31, 2008. Compensation for the City Clerk was also reviewed. During the closed session on January 22, 2008, the full City Council met and finalized the preliminary drafts, as well as compensation changes. The full City Council then met with the City Clerk in closed session on February 12, 2008, to review the performance review materials and compensation changes. Based on a favorable performance evaluation and a careful review of the appropriate level of compensation for the City Clerk, Mayor Selich and Council Members Henn and Gardner recommend approval of an increase to the base salary of the City Clerk by 7.9% retroactive to October 13, 2007. This increase replaces the existing contractual provision that provides that the City Clerk's base salary be adjusted as of the first pay period in July to reflect the change in the Consumer Price Index (CPI) for the preceding twelve month period for which statistics were published. Environmental Review: Not applicable. • Attachment: Proposed Employment Agreement 0 0 • 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 Harkless is obligated to pay cause of participation in plans or programs described in Section 5 of this Agreement. SECTION 4: Termination and Severance Pay, A. Harkless may terminate this Agreement by giving the City at least forty -five (45) days prior written notice of termination. B. City may terminate Harkless, without cause, upon the affirmative votes of a majority of the members of the City Council at any regular meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall famish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (112) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. SECTION 5: Emplovee Benefits. • A. Except as otherwise provided in this Agreement or Resolution of the City Council, Harkless shall be entitled to the same benefits as are provided to other management employees of the City. The personnel rules and regulations of the City that are applicable to other management employees shall apply to Harkless except to the extent inconsistent with this Agreement. 1. Harkless shall receive eighty (80) hours of administrative leave per calendar year. Harkless shall not have the right to accrues administrative leave from year to year. Harkless shall not be entitled to any compensation, or compensatory time off, or overtime. 2. Harkless shall receive flex leave in accordance with the then current rate for employees with similar longevity. 3. Harkless shall receive the same health and retirement benefits as are available to other non -safety management employees of the City. 4. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. 5. This Agreement shall be deemed amended whenever the City Council • adopts a resolution changing the rate Harkless accumulates paid leave or 2 c-3000 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s March 8, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Council Member John Heffernan Council Member Steven Rosansky Council Member Leslie Daigle SUBJECT: RESOLUTION ADJUSTING THE COMPENSATION OF THE CITY CLERK RECOMMENDATION: Adopt Resolution No. 2005 - adjusting the compensation of the City Clerk. DISCUSSION: Backaround: City Clerk Harkless signed an Employment Agreement with the City on January 15, 1996. The Agreement calls for performance evaluations on at least an annual basis. The last evaluation was performed in November of 2002. On January 25, 2005, Mayor Bromberg appointed a subcommittee of Council, consisting of Council Members Heffernan, Rosansky and Daigle, to meet with the City Clerk to conduct her performance evaluation. The committee met with the City Clerk on February 16, 2005 to review her accomplishments, as well as goals for the upcoming year. Based on a successful performance evaluation, the subcommittee recommends approval of an increase to the base salary of the City Clerk by two percent (2 %) retroactive to the pay period beginning March 7, 2005. This increase is in addition to the contractual agreement that provides that her base salary be adjusted as of the first pay period in July to reflect the change in the Consumer Price Index (CPI) for the preceding twelve month period for which statistics were published. Environmental Review: Not applicable. Attachment: Draft Resolution 0 0 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes. performance_ evaluations at least on an annual basis, on January 25, 2005 the Mayor appointed a subcommittee of City Council to conduct an annual evaluation; and WHEREAS, the subcommittee has determined that an adjustment to the base salary of the City Clerk is appropriate based on the duties required of the City Clerk and the manner in which the City Clerk has performed the various duties of the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the base salary of the City Clerk by two percent (2 %) retroactive to the pay period beginning March 7, 2005. DATED this 8 "' day of March 2005. ATTEST: CITY CLERK MAYOR RESOLUTION NO. 2005- 14 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT .BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, on January 25, 2005 the Mayor appointed a subcommittee of City Council to conduct an annual evaluation; and. WHEREAS, the subcommittee has determined that an adjustment to the base salary of the City Clerk is appropriate based on the duties required of the City Clerk and the manner in which the City Clerk has performed the various duties of the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the base salary of the City Clerk by two percent (2 %) retroactive to the pay period beginning March 7, 2005. DATED this 8h day of March 2005. ATTEST: STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2005 -14 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 Sth day of March 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 91h day of March 2005. 17 City Clerk Newport Beach, California (Seal) CITY OF WVPORT BEACH MINUTE EARPT - - CITY COUNCIL MEETING OF NOVEMBER 26, 2002 ROLL CALL Present: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Absent: None CURRENT CALENDAR 22. ADJUSTMENTS TO THE COMPENSATION OF THE CITY CLERK, CITY ATTORNEY AND CITY MANAGER. Action: Based on successful performance evaluations, increased the salaries of the City Clerk, City Attorney and City Manager by 2% for cost of living plus an additional 3% for merit. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Abstain: None Absent: None CERTIFIED AS A TRUE AND CORRECT COPY City Clerk of the City of Newport Beach DATE: 0 f CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 November 26, 2002 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer L. Bludau, City Manager 644 -3000, hbludau @city.newport- beach.ca.us SUBJECT: Adjustments to the Compensation of the City Clerk, City Attorney, and City Manager RECOMMENDATION: C-3oo3 oi) Based on successful performance evaluations, adopt the three resolutions making changes to the total compensation packages. DISCUSSION: The City Clerk, City Attorney, and City Manager are the three City employees who work directly for the City Council. Each of their employment agreements require them to be evaluated for job performance by the City Council each year. Their evaluations will take place during Council's Closed Session. Based on their evaluations, adjustments to total compensation packages are likely to change, but that is unknown at this time. Should there be adjustments to the total compensation packages, those will be reflected in new attachments to the resolutions provided. Submitted by: Homer L. Blu u RESOLUTION NO. 2002- • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on November 12, 2002; and WHEREAS, an adjustment to the base salary are appropriate in light of the performance of the City Clerk and the compensation paid to other city clerks in Orange County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the City Clerk's base salary to $ effective DATED this 26th day of November 2002. MAYOR ATTEST: CITY CLERK • • RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADJUSTING THE COMPENSATION PAID TO THE CITY ATTORNEY WHEREAS, the City Council evaluates the performance of the City Attorney each year; and 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 26th day of November 2002. Tod Ridgeway Mayor of the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk 0 s RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADJUSTING THE COMPENSATION PAID TO THE CITY MANAGER WHEREAS, the City Council has evaluated the performance of the City Manager during the preceding (12) months; WHEREAS, an adjustment to the base salary (Third Amended Agreement) is appropriate given the excellent performance of the City Manager and the compensation paid to other City Manager's within Orange County; and WHEREAS, the proposed modifications to compensation are reflected in the Third Amended 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 Manager shall be as specified in Exhibit A and the Mayor is authorized to execute Exhibit A on behalf of the City Council. ADOPTED, this 26th day of November 2002. Tod Ridgeway Mayor of the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk • i Agenda Item No. 3 August 28,20M CITY OF NEWPORT BEACH MEMORANDUM TO: Members of the City Council FROM: Mayor Garold B. Adams AUG 2 8 SUBJECT: RESOLUTION ADJUSTING TBE COMPENSATION OF THE CITY CLERK RECOMMENDATION Adopt Resolution No. 2001 -_ adjusting the compensation of the City Clerk. BACKGROUND City Clerk Harkless signed an Employment Agreement with the City on January 15, 1996. The Agreement calls for performance evaluations on at least an annual basis. On June 26, 2001, the City Council conducted the performance evaluation for the City Clerk. At that time the City Clerk was instructed to survey other cities to determine if her compensation was comparable to other cities. After review of the salary survey information, the City Council determined that an adjustment to the base salary of the City Clerk was appropriate, and are therefore recommending that her base salary be increased to $88,000 effective with the first pay period in September 2001. Garold B. Adams, Mayor Att: Resolution I: \U$ere \CLK \LHuklm \PerEcmel \2001 \C6mpamti=Report&28-M.doe C -3O�'o (30 i RESOLUTION NO.2001- 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on June 26, 2001; WHEREAS, at that time the City Clerk was instructed to survey other cities to determine if her compensation was comparable to other cities; and WHEREAS, after review of the salary survey information the City Council has determined that an adjustment to the base salary of the City Clerk is appropriate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the City Clerk's base salary to $88,000 effective the first pay period in September, 2001. DATED this 28th day of August 2001. MAYOR ATTEST: CITY CLERK 1 Flo � *- 3 Mr. Jim Hildreth 120 The Grand Canal Newport Beach, CA 92662 28 August 2001 Re: Agenda Item Number 3 - adjusting the compensation of the City Clerk Newport Beach City Council 3300 Newport Blvd. Newport Beach, CA 92663 Dear City Council Members: Apparently Mr. Garold B. Adams, Mayor, would like to increase the City Clerk's annual base salary to $88,000.00. If the City has the funds, I see little reason why this should not happen. I have found the City Clerk's Office to be very helpful in rendering informa- tion to me, even after being told not to do so by a City Official. In the duties of the City Clerk, it should be allowed that information to be given to the Mayor and the Members of the City Council to alleviate their failures in following any of the City Council Policies pertaining to the ac- tions and duties of the City Clerk's Office, as they occur during City Council Meetings. I believe this will be helpful for the Mayor and City Council Mem- bers, especially those individuals soon be elected into these positions. However, I hope that this $88,000.00 will not encourage and /or increase the Mayor's ability to put words into the City Clerk's mouth. In my opinion, such an action is evident in the audio recording of the 10 July 2001 City Council Meeting where the Mayor is heard to say, "Madam Clerk it is my understanding that you have been providing Mr. Hildreth's comments verbatim. ", a statement which he made in response to my request to have the tape recording of the 26 June 2001 City Council Meeting reviewed so that a more nearly correct version of what I had said could be recorded in the 26 June 2001 City Council Minutes. I find the City Clerk and the Office of the City Clerk to be courteous and as informative as they are allowed to be. I hope this form of gratitude for work well done will be given the City Clerk. Very trulyyours, J' im Hil r* CC: Daily Pilot a • RESOLUTION NO. 2001- 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on June 26, 2001; WHEREAS, at that time the City Clerk was instructed to survey other cities to determine if her compensation was comparable to other cities; and WHEREAS, after review of the salary survey information the City Council has determined that an adjustment to the base salary of the City Clerk is appropriate. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the City Clerk's base salary to $88,000 effective the first pay period in September, 2001. DATED this 28th day of August 2001. ATTEST: MAYOR a • STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2001 -76 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 28th day of August, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of August, 2001. (Seal) City Clerk Newport Beach, California 07 05i9001 13:08 FAX 4807551050 GHAVILE b6i i 7/5/2001 9:01 FAA_MIS -) 48075050 Page 3 of 4 0 �elooz C -308 Agenda Item No. ° July 10, 2001 CITY OF NEWPORT BEACH MEMORANDUM TO: Members of the City Council FROM: Mayor Garold B. Adams CITY OF SUBJEC•r: MODIFICATIONS TO CITY CLERKS EMPLOYMENT AGREEMENT (C -3080) RECOMMENDATION 1) Adopt Resolution No. 2001 -_ adjusting the terms and conditions of the Employment Agreement with the City Clerk, 2) Direct staff to prepare an amended Employment Agreement to include the proposed work schedule change, as well as previously approved changes, in order to accurately reflect the terms and conditions of Harkless' employment as City Clerk, and 3) Authorize the Mayor to execute the updated Employment Agreement with the City Clerk. BACKGROUND City Clerk Harkless signed an Employment Agreement with the City on January 15, 1996. The Agreement calls for performance evaluations on at least an annual basis. On June 26, 2001, the City Clerk was evaluated and received a satisfactory performance evaluation from the City Council based on her job performance. Given the successful performance evaluation, the City Council is recommending that her Employment Agreement be modified to give her the right to work a 9/80 schedule. The City Council has recently granted pay increases to the City Manager and the City Attorney. At the time of Mrs. Harkless' evaluation she was also instructed to survey other cities to determine if her compensation is comparable to other cities. The results of that informal survey will be presented to City Council at a later date for Council consideration. • I: \Usaa \CLIC\LFiarkle+s \Peaonnel\ 2001 \CompexuattonIiaport7- 70.07.doc 07r05/2001 13:09 FAX 4807551050 GRANITE SUNDT 4 003 7/5 /2001 9:01 F'AX_MIS -> 48076050 Page 4 of 4 • Garold B. Adams, Mayoz • • • RESOLUTION NO. 2001- 0 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE TERMS AND CONDITIONS OF THE CITY CLERK'S EMPLOYMENT AGREEMENT WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on June 26, 2001; and WHEREAS, an adjustment to the terms and conditions of the current employment agreement are appropriate given the manner in which the City Clerk has performed the various duties of the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to give the City Clerk the right to work a 9/80 work schedule effective with the second pay period in July, 2001. ATTEST: CITY CLERK 1 DATED this 10th day of July 2001. lug. ZIA RESOLUTION NO. 2001- 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE TERMS AND CONDITIONS OF THE CITY CLERK'S EMPLOYMENT AGREEMENT WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on June 26, 2001; and WHEREAS, an adjustment to the terms and conditions of the current employment agreement are appropriate given the manner in which the City Clerk has performed the various duties of the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to give the City Clerk the right to work a 9/80 work schedule effective with the second pay period in July, 2001. ATTEST: CTi'Y CLERK DATED this 10th day of July 2001. .dm=� `& MAYOR 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. 2001 -58 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 10th day of July, 2001, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of July, 2001. (Seal) City Clerk Newport Beach, California . r , ". . • EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT, (Agreement) entered into this 10th day of July, 2001, by and between the CITY OF NEWPORT BEACH, a municipal corporation (City), and LAVONNE M. HARKLESS ( Harkless) is made with reference to the following: A. City has employed Harkless as the City Clerk since January 1996; B. The Agreement has been modified several times by adoption of resolutions since January 1996; C. This Agreement is intended to modify certain provisions of the existing agreement relative to work schedule and to otherwise accurately reflect the terms and conditions of Harkless' employment as City Clerk. SECTION 1. Employment as City Clerk. A. City shall continue to employ Harkless as City Clerk of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Newport Beach Municipal Code. Harkless shall also perform other duties assigned by the City Council, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally. B. Harkless shall devote at least eighty (80) hours every two (2) weeks to the performance of her duties as City Clerk except when on paid leave and/or unpaid leave approved by the City Council or attending conferences. Harkless shall have the right to work a 9180 schedule. SECTION 2. Effective Date /Term. This Agreement shall be effective as of the second pay period in July, 2001 and shall remain in effect until terminated pursuant to Section 4 of this Agreement or upon retirement from active duty with the City. SECTION 3. Base Compensation A. City shall pay City Clerk an annual base salary of $82,693.00 in twenty -six (26) equal installments paid at the same time as other management employees of the City are paid. This Agreement shall be • • deemed amended whenever the City Council adopts a resolution pertaining to compensation or other terms and conditions of employment, which are covered by the terms of this Agreement. City shall have the right to deduct or withhold from Harkless' base compensation 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 Harkless is obligated to pay because of participation in plans or programs described in Section 5 of this Agreement. B. The base salary shall be adjusted as of the first pay period in July, 2000, and each subsequent year during the term of this agreement, to reflect the change in the Consumer Price Index for the preceding twelve -month period for which statistics were published. The Consumer Price Index to be used in calculating adjustments shall be as specified in Council Policy F -6. SECTION 4. Termination and Severance Pay A. Harkless may terminate this Agreement by giving the City at least forty -five (45) days prior written notice of termination. B. City may terminate Harkless, without cause, upon the affirmative votes of a majority of the members of the City Council at any regular meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall furnish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (112) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. SECTION 5. Employee Benefits. A. Except as otherwise provided in this Agreement or a Resolution of the City Council, Harkless 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 E employees shall apply to Harkless except to the extent inconsistent with this Agreement. 1. Harkless shall receive eighty (80) hours of administrative leave per calendar year. Harkless shall not have the right to accrue administrative eave from year to year. Harkless shall not be entitled to any compensation, or compensatory time off, for overtime. 2. Harkless shall receive flex leave in accordance with the then current rate for employees with similar longevity. 3. Harkless shall receive the same health and retirement benefits as are available to other non - safety management employees of the City. 4. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. 5. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the rate Harkless accumulates paid leave or alters employee benefits available to other non - safety management employees of the City. SECTION 6. Business Expenses. City shall reimburse Harkless for all reasonable business expenses actually incurred by Harkless in the performance of services pursuant to this Agreement. SECTION 7. Meetings and Conferences. Harkless shall, at City expense, be entitled to attend a reasonable number of local, state and national conferences relevant to her performance of services pursuant to this Agreement, not to exceed $1,000 in total cost in any fiscal year. SECTION 8. Evaluation. The City Clerk shall evaluate Harkless' performance at least annually. B3 SECTION 9. General Provisions. A. Harkless shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may be terminated "at will' subject to the procedural and financial 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 Harkless. 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 the City), or deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested, and properly addressed. D. This Agreement represents the entire understanding of the parties and any modification is effective only if it is in writing and signed by the party to be charged. CITY OF NEWPORT BEACH By: Mayor Garold B. Adams CITY CLERK By: Ji�-n . /- J <ppie l)1J Dated: C C LaVonne M. Harkless H • 0 Agenda Item No. 3 May 9, 2000 CITY OF NEWPORT BEACH MEMORANDUM TO: Members of the City Council FROM: Mayor John Noyes Council Member Dennis O'Neil Council Member Tod Ridgeway c -Woo rte) my... 91 . kDOP'i�9 W�I,�fTtor121xb-33 SUBJECT: RESOLUTION ADJUSTING THE COMPENSATION OF THE CITY CLERK RECOMMENDATION Adopt Resolution No. 2000 -_ adjusting the compensation of the City Clerk. BACKGROUND City Clerk Harkless signed an Employment Agreement with the City on January 15, 1996. The Agreement calls for performance evaluations on at least an annual basis. The City Clerk recently received a satisfactory performance evaluation from the City Council based on her job performance since her last evaluation. Given the successful performance evaluation, a City Council subcommittee composed of Mayor Noyes and Council Members O'Neil and Ridgeway met to discuss adjustment of the City Clerk's base compensation. Based on that meeting, the Council Subcommittee recommends approval of an increase to the base salary of the City Clerk by three percent (3 %) effective July 1, 2000. F: \Users \Clk \LHarkless \Peon mel\ 2000 \CompensationReport5i-".doc 27, 1999; and 0 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, the base salary of the City Clerk was last adjusted effective March WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on March 14, 2000; and WHEREAS, on April 11, 2000 the City Council confirmed the Mayor's appointment of himself and Council Members O Neil and Ridgeway to a subcommittee to review the City Clerk's compensation package; and WHEREAS, the subcommittee has determined that an adjustment to the base salary of the City Clerk is appropriate based on the duties required of the City Clerk and the manner in which the City Clerk has performed the various duties of the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the base salary of the City Clerk by three percent (3 %) effective July 1, 2000. DATED this 9`h day of May 2000. ATTEST: CITY CLERK MAYOR 27, 1999; and 9 RESOLUTION NO. 2000- 33 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE COMPENSATION OF THE CITY CLERK -ft 3 WHEREAS, the base salary of the City Clerk was last adjusted effective March WHEREAS, pursuant to the City Clerk's Employment Agreement which establishes performance evaluations at least on an annual basis, the City Council conducted an annual evaluation on March 14, 2000; and WHEREAS, on April 11, 2000 the City Council confirmed the Mayor's appointment of himself and Council Members ONeil and Ridgeway to a subcommittee to review the City Clerk's compensation package; and WHEREAS, the subcommittee has determined that an adjustment to the base salary of the City Clerk is appropriate based on the duties required of the City Clerk and the manner in which the City Clerk has performed the various duties of the position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach authorizes an amendment to the employment agreement between the City and the City Clerk to increase the base salary of the City Clerk by three percent (3 %) effective July 1, 2000. DATED this 9th day of May 2000. MAYOR 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. 2000 -33 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 May, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes 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 May, 2000. (Seal) City Clerk Newport Beach, California C - 30&0 Agenda Item No. 12 April 11, 2000 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: LaVonne M. Harkless, City Clerk APR I I APPROVED SUBJECT: CONFIRM APPOINTMENT OF SUBCOMMITTEE TO REVIEW THE CITY CLERK'S COMPENSATION PACKAGE RECOMMENDATION Confirm the Mayor's appointment of himself and Council Members O'Neil and Ridgeway to a subcommittee to review the City Clerk's compensation package. BACKGROUND At the Closed Session meeting of March 14, 2000 the City Council conducted the annual performance evaluation of the City Clerk. Based on the advice of the City Attorney it is necessary for the Mayor to appoint a subcommittee of the Council to review the City Clerk's compensation package. The committee will meet and make recommendations for changes to the City Clerk's employment agreement for full Council consideration at the meeting of April 25, 2000. LaVonne M. Harkless, CMC /AAE City Clerk I:\Users\clk\r xarkless\rersommet\2000\satazysnbeommitteexeport4- n- oo.aoc RESOLUTION NO. 99 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADJUSTING THE COMPENSATION OF LAVONNE HARKLESS, THE CITY CLERK WHEREAS, the base salary of Lavonne Harkless has not been adjusted since June, 1996; and WHEREAS, since June 1996, the base salaries of other management employees have been increased; and WHEREAS, the City Council intended to evaluate Lavonne Harkless and adjust her base salary prior to January 1, 1998 but failed to do so through no fault of hers or the City Council, and WHEREAS, an adjustment to the base salary of Lavonne Harkless is appropriate given the compensation paid to other department directors, the duties required of the City Clerk and the manner in which Lavonne Harkless has performed the various duties of the position; and WHEREAS, the adjustments in compensation for Lavonne Harkless that are approved by this Resolution are appropriate under the circumstances NOW, THEREFORE, BE IT RESOLVED by the City of Council of the City of Newport Beach that the Mayor is authorized to execute amendments to the employment contract (Agreement) between the City and Lavonne Harkless consistent with the following: 1. The base salary of Lavonne Harkless shall be increased five percent (5 %) effective January 1, 1998; 2. The base salary of Lavonne Harkless shall be increased an additional five percent (5 %) effective March 27,1999; 3. The base salary of Lavonne Harkless shall be adjusted as of the first pay period in July, 2000, and each subsequent year during the term -1- 9 0 of this agreement, to reflect the change in the Consumer Price Index for the preceding twelve month period for which statistics were published. The Consumer Price Index to be used in calculating adjustments shall be as specified in Council Policy F -6. ADOPTED, this 8th day of March, 1999. ATTEST: LaVonne Harkless, City Clerk Dennis D. O'Neil Mayor of the City of Newport Beach F:Scaflshared\ Resolution \Cityclerksa1030299. doc -2- 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. 99 -12, 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 8th day of March, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O Neil Noes: None Absent: None Abstain: None IN VGITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of March, 1999. (Seal) City Clerk of the City of Newport Beach, California :. A 0 0 RESOLUTION NO.99- .March 8, 1999 Agenda Item No. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADJUSTING THE COMPENSATION OF THE CITY CLERK WHEREAS, the base salary of the City Clerk has not been adjusted since June, 1996; and WHEREAS, since June 1996, the base salaries of other management employees have been increased; and WHEREAS, the City Council intended to fully evaluate the City Clerk and adjust the base salary for the position prior to January 1, 1998 but did not complete the evaluation through no fault of the Council or the City Clerk, and WHEREAS, an adjustment to the base salary of the City Clerk is appropriate given the compensation paid to other department directors, the duties required of the City Clerk and the manner in which the City Clerk has performed the various duties of the position; and WHEREAS, the adjustments in compensation for the City Clerk approved in this Resolution are appropriate under the circumstances NOW, THEREFORE, BE IT RESOLVED by the City of Council of the City of Newport Beach that the Mayor is authorized to execute amendments to the employment contract (Agreement) between the City and the City Clerk consistent with the following: 1. The base salary of the City Clerk shall be increased five percent (5 %) effective January 1, 1998; 2. The base salary of the City Clerk shall be increased an additional five percent (5 %) effective March 27,1999; 3. The base salary of the City Clerk shall be adjusted as of the first pay period in July, 2000, and each subsequent year during the term of this agreement, to reflect the change in the Consumer Price Index -1- 9 0 for the preceding twelve month period for which statistics were published. The Consumer Price Index to be used in calculating adjustments shall be as specified in Council Policy F -6. ADOPTED, this day of March, 1999. Dennis D. O'Neil Mayor of the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk -2- • • • • 0 AGENDA ITEM NO.6 CITY OF NEWPORT BEACH Office of the City Manager January 8, 1996 TO: Honorable Mayor and Members of the City Council FROM: Kevin J. Murphy, City Manager //A, SUBJECT: CITY CLERK AGREEMENT C — 30�O JAN 6 100, Attached for information is a revised agreement with the new City Clerk, LaVonne Harkless, who will start employment with the City on January 15th. The prior draft which. you received in your packets failed to include two suggested inserts from the City Attorney's Office. The new language is indicated with underlining and doesn't substantially change the intent of the original language. The revision has been reviewed with the new City Clerk and approved. RECOMMENDATION: The City Council approve the employment agreement between the City and LaVonne Harkless. Attachment AGENDA ITEM NO. 6 EMPLOYMENT AGREEMENT • The City!', of l(lewport Beach ( "City ") and LaVonne M. Harkless ( "Harkless ") agree as fblloWs: City shall employ Harkless as City Clerk of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Municipal Code of the City of Newport Beach. Harkless shall also perform other duties assigned by the City Council, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally. SECTION 2. Effective Date /Term. This Agreement shall be effective on January 15, 1996 and shall remain in . effect until terminated pursuant to Section 4 or upon retirement from active duty with the City. SECTION 3. Lase Compensation. City shall pay City Clerk an annual base salary of $65,000.00 in twenty-six (26) equal installments paid at the same time as other management employees of the City are paid. This Agreement shall be deemed amended whenever the City Council adopts a resolution pertaining to compensation or other of this Agreement afleoisg the terms of the Agreemes. City shall have the right to deduct or withhold from Harkless' base compensation 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 Harkless is obligated to pay because of participation in plans or programs described in Section 6 of this Agreement. SECTION 4. Termination and Severance Pay. • A. Harkless may terminate this Agreement by giving the City at least forty -five (45) days prior written notice of termination. • • B. City may terminate Harkless, without cause, upon the affirmative • votes of a majority of the members of the City Council at any regular meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall furnish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (1/2) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. lei . . 11 . A. Harkless shall accumulate paid leave at the rate of twenty -one (21) days per year, commencing on the effective date of this Agreement. B. Harkless shall receive the same health insurance and retirement benefits as are available to other non - safety management employees of the City. C. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. D. The provisions of the then current Personnel Policies Resolution as • well as those provisions of the City Charter and Municipal Code that relate to the terms and conditions of employment shall, except to the extent inconsistent with the terms of this Agreement, apply to Harkless as they are applied to other management employees; provided, however, Harkless shall not be entitled to any compensation, or compensatory time for time worked in excess of the normal work day or week. E. This Agreement shall be deemed amended whenever the City • Council adopts a resolution changing the rate Harkless accumulates paid leave or alters employee benefits available to other non - safety management employees of the City. SECTION 6. Business Expenses . City shall reimburse Harkless for all reasonable business expenses actually incurred by Harkless in the performance of services pursuant to this Agreement. SECTION 7. .Meetings and Conferences. Harkless shall, at City expense, be entitled to attend a reasonable number of local, state and national conferences relevant to her performance of services pursuant to this Agreement, not to exceed $1,000 in total cost in any fiscal year. � x�3r�Ld, • i The City Council shall conduct an initial evaluation of Harkless' performance within six (6) months from the effective date of this Agreement. If, in the sole discretion of the City Council, Harkless is performing her duties as City Clerk after the first six months in an outstanding manner then she will be entitled to a 5% adjustment to her base compensation. Subsequent to the initial evaluation, the City Council shall evaluate Harkless' performance at least annually. SECTION 9. General Provisions. A. Harkless shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may be terminated "at will" subject to the procedural and financial 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 Harkless. 11 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 the City), or deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested, and properly addressed. D. This Agreement represents the entire understanding of the parties and any modification is effective only if it is in writing and signed by the party to be charged. Dated: 0 iDated: ATTEST: Wanda Raggio CITY CLERK 40 APPROVED AS TO FORM: Robert H. Burnham CITY ATTORNEY CITY OF NEWPORT BEACH, A Municipal Corporation LaVonne M. Harkless CITY CLERK • T EMPLOYMENT AGREEMENT The City of Newport Beach ( "City ") and LaVonne M. Harkless ("Harkless ") agree as follows: • i n • n ' 1 City shall employ Harkless as City Clerk of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Municipal Code of the City of Newport Beach. Harkless shall also perform other duties assigned by the City Council, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally. This Agreement shall be effective on January 15, 1996 and shall remain in effect until terminated pursuant to Section 4 or upon retirement from active duty with the City. City shall pay City Clerk an annual base salary of $65,000.00 in twenty -six (26) equal installments paid at the same time as other management employees of the City are paid. This Agreement shall be deemed amended whenever the City Council adopts a resolution pertaining to compensation or other terms and conditions of employment which are covered by the terms of this Agreement. City shall have the right to deduct or withhold from.Harkless7 base compensation 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 Harkless is obligated to pay because of participation in plans or programs described in Section 6 of this Agreement. A. Harkless may terminate this Agreement by giving the City at least forty -five (45) days prior written notice of termination. B. City may terminate Harkless, without cause, upon the affirmative votes of a majority of the members of the City Council at any regular meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall furnish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (1/2) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. A. Harkless shall accumulate paid leave at the rate of twenty -one (21) days per year, commencing on the effective date of this Agreement. The City is currently considering significant reductions in paid leave accruals on a Citywide basis and City shall have the right, without Harkless' consent, to reduce her paid leave accrual to a level consistent with rates applicable to other management employees. B. Harkless shall receive the same health insurance and retirement benefits as are available to other non - safety management employees of the City. C. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. D. The provisions of the then current Personnel Policies Resolution as well as those provisions of the City Charter and Municipal Code that relate to the terms and conditions of employment shall, except to the extent inconsistent with the terms of this Agreement, apply to Harkless as they are applied to other management employees;. provided, however, Harkless shall not be entitled to any compensation, or compensatory time for time worked in excess of the normal work day or week. E. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the rate Harkless accumulates paid leave or alters employee benefits available to other non- safety management employees of the City. City shall reimburse Harkless for all reasonable business expenses actually incurred by Harkless in the performance of services pursuant to this Agreement. •Z TTT t� �.it Harkless shall, at City expense, be entitled to attend a reasonable number of local, state and national conferences relevant to her performance of services pursuant to this Agreement, not to exceed $1,000 in total cost in any fiscal year. The City Council shall conduct an initial evaluation of Harkless' performance within six (6) months from the effective date of this Agreement. If, in the sole discretion of the City Council, Harkless is performing her duties as City Clerk after the first six months in an outstanding manner then she will be entitled to a 5% adjustment to her base compensation. Subsequent to the initial evaluation, the City Council shall evaluate Harkless' performance at least annually. A. Harkless shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may be terminated "at will" subject to the procedural and financial 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 Harkless. 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 the City), or deposited in the United States mail, registered .e or certified, with postage prepaid and return receipt requested, and properly addressed. D. This Agreement represents the entire understanding of the parties and any modification is effective only if it is in writing and signed by the party to be charged. Dated: /5 CITY OF NEWPORT BEACH, A Muniicipa��ll Corporation By: _, � p�( �2 Dated: 5 99� o�°(9AW-- . ddww LaVonne M. Harkless CITY CLERK ATTEST: i ea Raggio I *ITY CLERK AS TO FORM: CITY ATTORNEY 9 0 AG EMPLOYMENT AGREEMENT The City of Newport Beach ( "City ") and LaVonne M. agree as follows: ENDA ITEM NQ 5 BY THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 8 City shall employ Harkless as City Clerk of the City of Newport Beach to perform the functions and duties of that position as specified in the City Charter and Municipal Code of the City of Newport Beach. Harkless . shall also perform other duties assigned by the City Council, without additional compensation, so long as those duties are related to matters of concern to the City of Newport Beach or cities generally. SECTION 2. Effective Date /Term. This Agreement shall be effective on January 15, 1995 and shall remain in effect until terminated pursuant to Section 4 or upon retirement from active duty with the City. • . . c City shall pay City Clerk an annual base salary of $65,000.00 in twenty -six (26) equal installments paid at the same time as other management employees of the City are paid. This Agreement shall be deemed amended whenever the City Council adopts a resolution affecting the terms of the Agreement. City shall have the right to deduct or withhold from Harkless' base compensation 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 Harkless is obligated to pay because of participation in plans or programs described in Section 6 of this Agreement. SECTION 4. Termination and Severance Pay. A. Harkless may terminate this Agreement by giving the City at least forty -five (45) days prior written notice of termination. B. City may terminate Harkless, without cause, upon the affirmative votes of a majority of the members of the City Council at any regular 0 0 meeting, provided, however, Harkless may not be terminated within ninety (90) days after any municipal election for the selection or recall of one or more members of the City Council. City shall furnish Harkless with written notice stating the Council's intention to terminate this Agreement at least thirty (30) days prior to the effective date of termination. C. Harkless shall receive severance pay equal to one -half (1/2) of her annual base compensation as of the date of termination by City, unless she is terminated because of criminal conduct, malfeasance or a gross abuse of discretion. A. Harkless shall accumulate paid leave at the rate of twenty-one (21) days per year, commencing on the effective date of this Agreement. In its sole discretion, City may modify the terms of this paragraph. Paid leave is presently under review on a city -wide basis. B. Harkless shall receive the same health insurance and retirement benefits as are available to other non- safety management employees of the City. C. Harkless shall be entitled to participate in plans and programs available to the City Attorney and City Manager of the City such as short term and long term disability plans, life insurance plans, and deferred compensation plans. D. The provisions of the then current Personnel Policies Resolution as well as those provisions of the City Charter and Municipal Code that relate to the terms and conditions of employment shall, except to the extent inconsistent with the terms of this Agreement, apply to Harkless as they are applied to other management employees; provided, however, Harkless shall not be entitled to any compensation, or compensatory time for time worked in excess of the normal work day or week. E. This Agreement shall be deemed amended whenever the City Council adopts a resolution changing the rate Harkless accumulates paid leave or alters employee benefits available to other non- safety management employees of the City. 0 0 SECTION 6. Business Expenses. City shall reimburse Harkless for all reasonable business expenses actually incurred by Harkless in the performance of services pursuant to this Agreement. Harkless shall, at City expense, be entitled to attend a reasonable number of local, state and national conferences relevant to her performance of services pursuant to this Agreement, not to exceed $1,000 in total cost in any fiscal year. The City Council shall conduct an initial evaluation of Harkless' performance within six (6) months from the effective date of this Agreement. If, in the sole discretion of the City Council, Harkless is performing her duties as City Clerk after the first six months in an outstanding manner then she will be entitled to a 5% adjustment to her base compensation. Subsequent to the initial evaluation, the City Council shall evaluate Harkless' performance at least annually. A. Harkless shall serve at the pleasure of the City Council as specified in the Newport Beach City Charter and may. be terminated "at will" subject to the procedural and financial 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 Harkless. 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 the City), or deposited in the United States mail, registered or certified, with postage prepaid and return receipt requested, and properly addressed. • 0 D. This Agreement represents the entire understanding of the parties and any modification is effective only if it is in writing and signed by the party to be charged. Dated: a Dated: ATTEST: Wanda Raggio CITY CLERK APPROVED AS TO FORM: Robert H. Burnham CITY ATTORNEY CITY OF NEWPORT BEACH, A Municipal Corporation LaVonne M. Harkless CITY CLERK