HomeMy WebLinkAboutDeStefano, James - 10/17/2000EMPLOYMENT AGREEMENT
This Agreement is made and entered into as of the 17th day of October, 2000, by
and between the City of Diamond Bar, a municipal corporation (hereinafter called "City") and
James DeStefano (hereinafter called "Employee").
RECITALS
A. Employee currently serves as City's Deputy City Manager responsible for
managing the Community and Development Services Department.
B. In light of the resignation of City's City Manager, City desires to employ
the services of Employee, and Employee desires to accept employment as Interim City Manager
of the City of Diamond Bar until such time as a permanent city manager is appointed and
commences employment.
C. The parties further desire to establish certain benefits and certain
conditions of Employee's interim employment reflecting his additional duties.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained, the parties agree as follows:
1. Duties. City hereby employs Employee as Interim City Manager of the
City to perform the functions and duties of the City Manager as set forth in City's Municipal
Code pending completion of the search for a permanent City Manager, while concurrently
performing the duties of Deputy City Manager.
2. Term. The term of this Agreement shall commence October 17, 2000, and
shall continue until terminated as provided herein.
3. Termination.
A. Nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of the City Council to terminate the services of Employee as Interim City Manager
without cause, at any time, subject only to the City providing five (5) days prior written notice to
Employee, and complying with Section 4.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of Employee to resign at any time from his position as Interim City Manager,
subject only to Employee providing thirty (30) days prior written notice to the City.
C. Notwithstanding the foregoing, this Agreement shall expire and be of
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no further force and effect upon the commencement date of a contract with a new city manager.
4. Right to Reinstatement. In the event that this Agreement is terminated
pursuant to any of the subparagraphs in Paragraph 3, then Employee shall be reinstated to his
former position as Deputy City Manager at the same salary, benefits, job duties and rights as
existed on October 17, 2000.
5. Salary adjustment. Commencing with the effective date of this
Agreement, City agrees to pay Employee for the additional services as Interim City Manager
contemplated by this Agreement an incremental amount of $1,000 per month above his existing
salary, payable on the City's regular paydays, through the date of commencement of a contract
with a new city manager.
6. Hours of Work. Employee's duties may involve expenditures of time in
excess of 8 hours per day, 40 hours per week, and may also include time outside normal office
hours such as attendance at City Council meetings. Employee shall be exempt from paid
overtime compensation.
7. Retirement and Benefits.
A. Retirement. During the term of this Agreement, City's contribution to
employer's and employee's portion of Employee's membership in the Public Employees'
Retirement System shall reflect his increased compensation.
B. Other benefits and leaves. Employee shall receive one additional day of
administrative leave per month beyond the number he receives as Deputy City Manager during
each month, or portion thereof, this Agreement is in effect, but in no event fewer than five (5)
such additional days. All other benefits and leaves (including vacation and sick leave) provided
to Employee shall remain the same as existing on October 17, 2000.
8. Automobile/Communication Devices. During the term of this Agreement,
City shall provide Employee with the use of a City car (specifically, a 1999 Ford Taurus), a pager
and a Palm Pilot, all of which shall be relinquished upon termination of this Agreement.
9. General Expenses. City recognizes that certain expenses of a non -personal
and job affiliated nature may be incurred by Employee in his capacity as Interim City Manager.
City agrees to reimburse Employee for reasonable expenses which are submitted to the City
Council for approval and which are supported by expense receipts, statements or personal
affidavits, and an audit thereof in like manner as other demands against the City. City shall
further provide Employee with a City credit card to be used exclusively for City -related
expenses.
10. Other Terms and Conditions of Employment. The City Council may from
time to time fix other terms and conditions of employment relating to the performance of
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Employee provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement, the Municipal Code, or other applicable law.
11. General Provisions.
A. The text herein shall constitute the entire agreement between the parties.
B. If Employee dies or becomes incapacitated during the term of this Agreement,
any accrued and unpaid wages provided by the terms of this Agreement shall be paid by the City
to Employee's beneficiaries listed in his personnel file.
IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first
above written.
CITY OF DIAMOND BAR
By # 0 2�
DEBORAH H. O'CONNOR, MAYOR
ATTEST:
E,
Cit Clerk
EMPLOYEE
By
J ES YWFANO
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