HomeMy WebLinkAboutCC Resolution 9615 (City Manager Rod Gould Agreement)RESOLUTION NO. 9 615
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN RAFAEL APPROVING EMPLOYMENT
AGREEMENT WITH ROD GOULD, CITY MANAGER,
EFFECTIVE JUNE 179 19969 AND
AUTHORIZING EXECUTION OF AGREEMENT
WHEREAS, the City Council of the City of San Rafael, at a special meeting held
Monday, May 13, 1996, appointed Rod Gould, City Manager; and
WHEREAS, an Employment Agreement has been negotiated between the City of
San Rafael and Rod Gould, City Manager, effective June 17, 1996 (copy attached); and
WHEREAS, the salary of the City Manager has been set at $112,000 per year,
effective June 17, 1996.
NOW THEREFORE, BE IT RESOLVED that the San Rafael City Council does
hereby approve the Employment Agreement and authorizes execution by the Mayor and City
Clerk.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a Regular meeting of the
City Council of said City held on Monday the 3rd day of June, 1996, by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEANVE M. LEONCINI, City Clerk
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CITY OF SAN RAFAEL
EMPLOYMENT AGREEMENT
This Agreement is made and entered into the 17th day of June,
1996 by and between the City of San Rafael (hereinafter "City") and
Rod Gould (hereinafter "Gould" or "Manager").
City desires to employ the services of Gould as City Manager
for the City of San Rafael on the terms pursuant to the express
understandings more specifically set forth hereinafter.
SECTION I. -- Emplovment and Term of Office.
City agrees to employ Gould as City Manager to perform the
function and duties of said office as specified in the City Charter
and in Chapter 2.08 of the San Rafael Municipal Code. To the
extent that any provision of this Agreement shall be inconsistent
with any of the provisions of Chapter 2.08 of the San Rafael
Municipal Code respecting the appointment, removal, and/or powers
and duties of the City Manager, this Agreement shall prevail. The
Manager shall serve for an indefinite term subject to the
provisions contained in the City Charter, San Rafael Municipal Code
and this Agreement concerning termination of his services or
voluntary separation from service.
SECTION II. -- Compensation.
City agrees to pay Manager, as compensation for his services
an annual salary of one hundred twelve thousand ($112,000) dollars
commencing June 17, 1996, and payable at the same time and in the
same manner as other City employees are paid. City agrees to
adjust Manager's compensation and other benefits in such amounts
and to such an extent as the City Council may annually determine it
is desirable to do at the same time such salary and/or benefits
adjustments are provided to other employees of City.
SECTION III. -- Annual Performance / Goals and Objectives Review.
Within ninety (90) days following commencement of work by
Manager, and in cooperation with the City Council, Manager shall
develop written mutually acceptable goals, objectives and
performance expectations for Manager, which shall be used as
objective criteria against which to assess Manager's performance
and for purposes of considering possible salary adjustment.
Following development of such written material an annual evaluation
of Manager's performance shall occur. The first such performance
evaluation shall occur in July, 1997, and thereafter shall take
place annually.
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It is also agreed that Manager shall, immediately following
his beginning work with City, develop a performance-based
evaluation and compensation program for City Council consideration.
Said compensation program shall contain criteria and standards
designed to reward Department Heads, including the City Manager,
with monetary compensation, in addition to their annual salary, if
written levels of performance expectations, goals and/or objectives
are accomplished. Nothing contained herein shall obligate the City
to approve or implement such additional compensation program and
the determination to approve any such program developed by Manager
shall be solely and exclusively the City Council's.
SECTION IV. -- Manaaement Benefits.
Manager shall be entitled to receive identical benefits to
those provided by City to its management employees subject to those
specific exceptions as to
paragraphs hereinafter.
hereto marked Exhibit "A
Council Resolution #9173
and working conditions fo
of City.
SECTION V. -- Retirement.
certain benefits detailed in subsequent
For illustrative purposes only, attached
", and incorporated is a copy of City
adopted 7-18-94 specifying compensation
r management and mid -management employees
City agrees to pay the full employer and employee share of
Manager's retirement contribution.
SECTION VI. -- Vacation / Administrative / Sick Leave Provisions.
Manager shall be entitled to four (4) weeks of paid vacation
each year, in addition to one (1) week of paid administrative leave
and to sick leave identical to that provided all other management
employees of City. Manager shall be credited with six (6) months
equivalent of accrued vacation, administrative leave and sick leave
immediately upon commencement of his employment with City. Such
advance credit and accrual of benefits is necessary to accommodate
long made plans of Manager for vacation with his family and is
agreed to on the understanding that Manager shall not be entitled
to earn any additional vacation / administrative and/or sick leave
accrual during the first six (6) months of his employment with
City.
SECTION VII. -- Housinq Assistance.
City agrees to assist Manager in the purchase of a home to be
located within the City of San Rafael. The specific details of
such housing assistance shall be detailed in a separate written
agreement to be executed by the parties hereto.
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SECTION VIII. -- Relocation Assistance.
City agrees to pay up to four thousand nine hundred ($4,900)
dollars for actual moving costs incurred by Manager in connection
with relocation of Manager and his family to San Rafael. In
addition, City agrees to pay to Manager the sum of one thousand
five hundred ($1,500) dollars per month commencing on May 15, 1996
(not to exceed three (3) months), to defray costs incurred by
Manager, including temporary lodging expense, travel to San Rafael
and other costs associated with Manager's relocation to San Rafael,
as well as disposition of Manager's current residence located in
Monrovia, California.
SECTION IX. -- Involuntary Termination and Severance Pay.
Nothing contained in this Agreement shall in any way prevent,
limit or otherwise interfere with the right of the City to
terminate the services of Manager. Manager, at all times
hereunder, serves at the pleasure of the City Council. Termination
of Manager's services, however, is subject to the following
provisions:
A. If Manager is involuntarily terminated by City, City
agrees to pay Manager a lump sum cash payment equal to
six (6) months aggregate salarv, (not benefits) based
upon Manager's annual salary at the date of City's action
to terminate.
B. If City requests Manager to remain at work after giving
notice of termination and Manager agrees to do so pending
selection of a new Manager, the six (6) month salary
severance shall be reduced by the number of months, or
pro -rated months, Manager remains on the job provided,
however, that during any such post termination period
while manager remains in the City's employ, City shall
continue to provide to Manager the same benefits he was
receiving at the time the action to terminate his
services occurred.
In the event Manager determines to voluntarily leave the
employ of City, he agrees to give City a minimum of 45 days advance
written notice.
SECTION X. -- Vehicle Allowance.
In lieu of providing Manager with a City owned vehicle for his
use, City agrees to provide Manager a monthly vehicle allowance of
three hundred seventy-five ($375) dollars.
SECTION XI. -- Miscellaneous Provisions.
The City, in consultation with Manager, may fix any such other
reasonable terms and conditions of employment as it may determine
from time to time provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this
Agreement, the City Charter, the San Rafael Municipal Code as
amended from time to time, or any other law.
The parties hereto acknowledge having discussed and agreed
upon all terms and provisions contained herein.
Manager specifically acknowledges that he has been advised by
the City Attorney that the City Attorney does not represent him in
connection with any of the negotiations leading to the drafting of
this document and that the City Attorney has advised him to consult
with an attorney of his own choosing in connection with any
questions he may have concerning the legal effect of any of the
provisions of this Agreement.
In the event that either party hereto initiates legal action
to interpret or enforce any of the provisions of the Agreement, the
prevailing party shall be entitled to an award of attorney fees and
related costs as may be determined reasonable by a court of
competent jurisdiction. The venue for any such legal action shall
be Marin County, California.
Dated: /
1
Dated:
Dated: - 3, / 9 9 x.
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Dated: ,u p o 3, l g q is
(employment agreement 5/30/96)
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CITY OF SAN RAFAEL
LB T VORC; Ma Aor
ROD GOULD, City Manager
ATTEST:
NE M. LEONCINI
City Clerk
APPR VED AS TO FORM:
GY T . ' RAGGHIANTI
pity Attorney
EX 1--111 11 A
I
RESOLUTION NO. 9173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION 8822 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT
EMPLOYEES (EXCLUDING POLICE MID -MANAGEMENT CLASSIFICATIONS)
SALARY
A. Effective July 1, 1994, a three percent (3%) salary increase for all Management and Mid -
Management classifications covered by this salary resolution (Exhibit "A").
B. Effective July 1, 1994, the Redevelopment meeting attendance pay ($60.00 per month) will
be added to the affected job class salary ranges. The affected job classes are City Manager,
Public Works Director, Planning Director and City Clerk.
C. Effective July 1, 1995, a two percent (2%) salary increase for all Management and Mid -
Management classifications covered by this salary resolution (Exhibit "B"). Note: See
Section IV of Salary Resolution. In the event an actuarial study shows retirement changes
are equivalent to the 2% increase, the employees as a group may vote to enact retirement
enhancement in lieu of compensation increase for FY 95/96.
D. A revenue based formula is established that could provide an additional 2% salary increase
for all classes effective 07/01/95. This formula is as follows:
Combined revenues from sales tax, motor vehicle in lieu fees and the secured
property tax levy are projected at $16,285,000 for FY 94/95. As of June 30, 1995, if
revenues from these sources reach or exceed $16,485.000 after consideration of
loss of revenue or additional costs the City may experience as a result of the Stale
budget crisis and in addition to the across Ilia board ingrease proposed for July 1,
1995, all represented classifications shall receive a one percent (1 %) salary increase
effective July 1, 1995. Or, under similar circumstances, if FY 94/95 combined
revenues reach or exceed $16,685,000 as of June 30, 1995, in addition to the across
the board increase proposed for July 1, 1995, all represented classifications shall
receive an additional two percent (2%) salary increase effective July 1, 1995. In the
event of combined revenues falling below the level of $16,285,000, as of June 30,
1995, the City has the right and may need to implement the existing Furlough
Program. ,
E. Salary studies/surveys of the classifications in this Resolution shall include a review of salary
adjustments to classifications in the represented employee groups in an attempt to prevent
salary compaction. (See Resolution No. 6691 for specifics relating to the position of Fire
Division Chief). Prior to the expiration of the second year of this Salary Resolution, an
advisory salary survey will be conducted by the City.
MANAGEMENT AND MID -MANAGEMENT ALLOWANCES
The Management ($166.67/month) and Mid -management ($125.00/month) allowance were rolled
into the salary ranges for the job classifications covered by this salary resolution effective
January 1, 1994.
III. INSURANCE
A. Management Health, Life and Disability
Management employees listed in Section 1 A of the Exhibit shall receive full coverage for
selected Health and Disability premium costs, for enrollment in the Enhanced Plan and
for Life insurance in the amount of the basic $5,000 plan and a plan equaling two times
the employee's annual salary, not to exceed $150,000.
B. Mid -Management Health;"Life and Disability
1. Ib1iu-fviariagenient aniployess ii3ied iii Sei;lioll 18 ocs f ii�cAiii0it shaii receive iuti
coverage for the premium cost of the basic $5,000 Life Insurance plan and the
supplemental plan up to the amount of the employee's annual salary.
2. The City shall contribute up to $385/month towards the premium costs for each
eligible employee's Health and Disability Plans. Mid -Management employees who
retire from the Marin County Retirement System within 120 days of leaving their
`~ City of San Rafael position are eligible to continue in the City's group health
insurance program and receive a City contribution toward their insurance premium
equivalent to $385 per month.
COPY // 6?1 R1 �
_ffective July 1, 1995, the
following ranges are hereby
created for Management and
Mid -Management
classifications:
M
SECTION 1A MANAGEMENT
Wage Class
Description
Minimum
Maximum
2101
Assistant City Manager
$5,943.99
$6,956.42
1104
City Attorney
$0.00
$5,702.03
1103
City Clerk
$0.00
$5,394.23
2701
Finance Director
$57961.09
$6,697.56
7101
Fire Chief
$6,531.30
$7,702.29
2401
Library Director
$5,512.94
$6,459.67
2102
Personnel Director
$4,999.09
$5,891.93
2301
Planning Director
$6,150.96
$7,240.01
6101
Police Chief
$6,531.30
$7,702.29
2201
Public Works Director
$6,938.83
$7,823.95
8101
Recreation Director
$5,059.96
$5,925.92
SECTION 1B MID -MANAGEMENT
Wage Class
Description
Minimum
Maximum
2501
Assistant City Attorney
$5,456.89
$6,701.45
2202
Assistant Dir. of Public Works
$51663.08
$6,637.32
2104
Assistant to the City Manager
$4,589.62
$5,561.42
8105
Child Care Program Manager
$4,043.62
$4,618.40
9204
Cultural Affairs Supervisor
$3,772.89
$4,307.56
2702
Deputy Finance Director
$4,927.79
$5,647.77
7102
Fire Division Chief
$4,824.38
$5,676.10
7103
Fire Marshal
$4,490.02
$4,938.34
7104
Fire Training Officer
$4,490.02
$4,938.34
2402
Librarian III
$3,772.89
$4,307.56
2204
Officer Engineer
$4,321.80
$4,971.44
2310
Principal Planner
$4,824.26
$5,678.16
8103
Recreation Supervisor
$3,772.89
$4,307.56
2206
Senior Civil Engineer
$4,713.25
$5,546.83
8102
Senior Recreation Supervisor
$3,953.37
$4,514.80
M
3. Current Mid -Management employees listed in Section 1 B of the Exhibit shall have
the option of enrollment in the existing Disability plan or the enhanced Disability plan
(See explanation below) offered by Standard Life Insurance Company to the City.
Mid -Management employees listed in Section 1 B, who are hired on or after August
1, 1991, if electing Disability coverage, must enroll in the enhanced Disability plan.
Existino Plan: The amount of Monthly Income shall be sixty-six and two-thirds percent
of the first $1,500 of the Member's basic monthly earnings, reduced by any Deductible
Benefits.
Enhanced Plan: The amount of Monthly Income shall be sixty-six and two-thirds percent
of the first $7,500 of the Member's basic monthly earnings, reduced by any Deductible
Benefits.
C. DENTAL
The City will provide a dental program offering 100% coverage for diagnostic and
preventative care, $25.00 deductible on corrective care (80% / 20% per patient, per
calendar year) and orthodontic coverage (50%/50%) for age eligible dependents; and
80%/20% coverage of crowns, casts and restorations in accordance with plan document
with the Dental provider.
Effective January 1, 1995, the maximum benefit will increase from $1,000/calendar year to
$1,500/calendar year (except for orthodontic coverage which does not change).
D. BENEFIT CHANGE
A committee will be formed prior to the beginning of fiscal year 1995/96 to determine the
distribution of the 2% increase in benefits authorized by the City Council as a part of the
2% total compensation authorization for fiscal year 1995/96.
IV. RETIREMENT
The City will pay up to a maximum of five percent (5%) of the employee's retirement contribution rate or
fifty percent (5011%) of the employee's retirement contribution rate, whichever is less, to the Marin County
Retirement System. Additionally, the City has adopted Section 31581.2 of the Government Code for the
balance of the employees' portion of the retirement contribution in order to implement Section 414H of
the I.R.S. Code to allow for tax deferment of the employee's retirement contribution.
An actuarial study will be completed during FY 94/95 to determine the fiscal impact to enhance the
retirement program "(2% at 55)" for non -safety classifications and to implement a program of crediting up to
two years service credit for accrued, unused sick leave for safety and non -safety classifications.
If the results of the actuarial study determines'that the retirement enhancements costs 2% or less, all
affected, incumbent managers and mid -managers will be polled to determine if the enhancement is to be
implemented. The majority will rule in determining implementation.
V. LEAVES OF ABSENCE
A. Sick Leave
Employees hired prior to July 1, 1979 who leave City service in good standing shall
receive compensation (cash in) of all accumulated, unused sick leave based upon the
rate of three percent (3%) for each year of service up to a maximum of fifty percent
(50%) of their sick leave balance. In the event of the death of an employee (hired prior to
7-1-79), payment for unused sick leave based upon the previously stated formula shall
be paid to the employee's designated beneficiary.
2. Accrual of sick leave for usage purposes is unlimited. The maximum of 1200 hours
accrual continues to apply for cash -in purposes.
3. Management and Mid -Management employees may use sick leave prior to completion
of probation. In recognition of exempt status from FLSA, time off for sick leave purposes
shall not be deducted from the employee's accrual unless the time is 7.5 or more
consecutive wotk hours.
Page 2 of 4
C
C
E.
4. A Sick Leave Incentive Plan applicable to employees hired on or after July 1, 1979
provided incentive pay in recognition of outstanding attendance as follows:
Absence Rate between 7/01 and 6/30 of each vear
Incentive Pay
None 8 hours of pay
1-16 hours 6 hours of pay
17-24 hours 4 hours of pay
The actuarial study mentioned in Section IV will include an analysis of converting
accrued, unused sick leave to service credits at the time of retirement.
5. VACATION LEAVE
Effective with the first of the month following adoption of this Resolution, the vacation
leave program for Management and Mid-Managemen( employees is as follows:
Years of service
Leave Accrual rate/veariv
1-5 years
15 days
6 years
16 days
7 years
17 days
8 years
18 days
9 years
19 days
10 years
20 days
11 years
21 days
12 years
22 days
13 years
23 days
14 years
24 days
15+years
25 days
In recognition of time off for vacation leave purposes, exerr;)t status from FLSA shall not
be deducted from the employees accrual, unless the time is 7.5 or more consecutive
work hours.
ADMINISTRATIVE LEAVE
Management and Mid -Management employees shall receive seven (7) Administrative
Leave days each calendar year subject to the approval of the department head and the
City Manager. An additional three (3) days may be granted at Ilia discretion and with
approval of the department head and the City Manager. Unused Administrative Leave
does not carry over from one calendar year to the next, nor are unused balances paid off
upon an employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave purposes
shall not be deducted from employees accrual, unless the time is 7.5 or more
consecutive work hours.
FLOATING HOLIDAY
Two floating holiday per year are granted to employees covered by this Resolution. The hourE
for these holidays are automatically added to an employees' vacation accrual on•a semi-annu
basis.
BEREAVEMENTLEAVE
In the event of the death of an employee's spouse, child, parent, brother, sister, in-law(s),
relative who lives or has lived in the home of the employee to such an extent that the relativE
was considered a member of the immediate family and/or another individual who has a legal
familial relationship to the employee and resided in the employee's household, up to three (3
days within the state and up to five (5) days out -of -stale of bereavement leave, may be grant
to attend the funeral.
--Iv ,
In those cases where the death involves an individual who had such a relationship with the
employees, as defined above, the employee shall sign a simple affidavit describing the
relationship and submit this to their immediate supe_nrisor as part of the reclucst for bareaver
leave.
Page 3 of 4
VI. WORK DAY
Unless otherwise designated by the Appointing Authority, the normal business hours for vacation, sick
and administrative leave deduction and sick and administrative leave accrual purposes for positions in
this salary resolution shall be 7.5 hours per day.
VII. EDUCATIONAL INCENTIVE
The Educational Incentive for Fire Division Chief, Fire Marshal and Fire Training Officer is included in the base
salary.
VIII. DRUG FREE WORK PLACE
Management and Mid -Management employees endorse the concept of a drug free work place as stated
in Administrative Procedure No. 3 adopted by the City Manager on April 23, 1991.
IX. FURLOUGH PLAN
Management and Mid -Management employees endorse the Furlough Program described in Exhibit "C"
attached to this salary resolution.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution
was duly and regularly introduced and adopted at a regular meeting of the Council of said City the 18th
day of July, 1994 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
)JMN _- M. LEON INI,, CITY CLERK
a
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