HomeMy WebLinkAboutCC Resolution 11140 (Employment Agr.; Rod Gould)RESOLUTION NO. 11140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE MAYOR TO
EXECUTE A MODIFICATION TO THE EMPLOYMENT
AGREEMENT OF ROD GOULD, CITY MANAGER
WHEREAS, at its regular meeting of July 2, 2001, the City Council of the City of San
Rafael reviewed and evaluated the performance of City Manager Rod Gould and discussed his
compensation; and
WHEREAS, the Council approved that the Mayor and Councilmember Cohen, an ad hoc
subcommittee of the Council, review the employment agreement between the City and City
Manager Rod Gould for the purpose of proposing modifications to said agreement; and
WHEREAS, the Mayor and Councilmember Cohen reviewed the current state-wide
practice in City -Manager employment agreements and, based upon that review and discussions with
the City Manager, this ad hoc committee directed the City Attorney to draft proposed written
modifications to the employment contract between the City and City Manager Rod Gould; and
WHEREAS, the proposed written modification to the employment agreement between the
City and City Manager Rod Gould is attached hereto and is recommended to the Council for their
approval.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael authorizes the Mayor to execute a written modification to the employment contract between
the City and City Manager Rod Gould, a copy of which is attached hereto and incorporated herein.
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 San Rafael
City Council held on the 15`h day of July, 2002, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
JE TE M. LEON M, City Clerk
MODIFICATIONS TO EMPLOYMENT
AGREEMENT OF
ROD GOULD, CITY MANAGER
The Employment Agreement previously entered into by and between the
CITY OF SAN RAFAEL (hereafter "City") and ROD GOULD, City Manager
(hereafter "Gould" or "Manager") on June 17, 1996, shall be amended in the
following particulars only:
1. SECTION IX. -- Involuntary Termination and Severance Pay -- shall
be amended to read as follows:
"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, shall be subject to the following
provisions:
A. In the event that Manager is involuntarily terminated by City,
City shall pay to Manager at the time of receipt of his last pay check from
City, a lump sum cash payment equal to twelve (12) months aggregate
salary based upon Manager's then earned monthly salary at the date of
involuntarily termination. In addition, City shall also continue to provide
and pay for those benefits identified in Section IV then being received by
Manager for a period of twelve (12) months following involuntary
termination. Continued payment of SECTION IV -- Management Benefits
shall cease if Manager obtains employment following involuntary
termination by City in the public or private sector providing comparable
management benefits as described in SECTION IV prior to expiration of
the 12 (twelve) month period for payment of said management benefits
detailed herein. In the event that Manager is terminated hereunder
because of a conviction for any illegal act involving moral turpitude or
personal gain to Manager, then City shall have no obligation to pay any
termination benefits hereunder.
In the event that Manager resigns his position following a formal
suggestion by City that he do so, then Manager may, at his option, be
deemed to have been involuntarily terminated hereunder upon the
effective date of Manager's resignation and the Manager shall be entitled
to receive the termination benefits set forth herein. If Manager voluntarily
resigns his position with City, City shall be under no obligation to provide
any termination payments or benefits to Manager herein.
B. In the event that Manager is involuntarily terminated, as
provided for herein, and City requests Manager to remain at work pending
selection of a new Manager, Manager's salary and benefits for said post-
termination temporary period shall be as agreed to by Manager and City in
a written document to be negotiated and agreed to within five (5) days
following the involuntary termination date of Manager by City.
In the event Manager voluntarily resigns his position with City,
Manager agrees to give City forty-five (45) days advance written notice.
2. A new SECTION XII. entitled -- City Manager Annual Bonus For
Performance Program -- shall be added to this Agreement as follows:
Based upon the Manager's overall performance will be evaluated
annually by the City Council, Manager may be, subject to the availability of
funds, entitled to receive a performance bonus up to seven percent (7%)
of his then annual salary. The City of San Rafael Management
Employees Pay for Performance Program, Section IIID, shall be modified
to include provision for the up to 7% performance bonus for the City
Manager only.
3. SECTION X. -- Vehicle Allowance -- shall be amended to read as
follows:
Manager shall have the option of use of a City car or a monthly
vehicle allowance in the sum of $450.00, at his choice.
CITY OF SAN RAFAEL
Dated: July 30 , 2002. 3�
� zv/�16_,7
ALBORT J. WO, Mayor
Dated: July 30 , 2002.
ROD GOULD, City Manager
Dated: July 30 , 2002.
Dated: July 23 , 2002.
ATTEST:
A-- A .
JE NNE M. LEON INI
City Clerk
APP OVED S TO F RM:
GARY T. RAGG
ity Attorney
K