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HomeMy WebLinkAboutLowry, LindaEMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as of the 17"' day of April, 2001, by and between the CITY OF DIAMOND BAR, State of California, a Municipal Corporation (hereinafter "City"), and LINDA C. LOWRY (hereinafter "Employee"). RECITALS A. City desires to engage the services of Employee, and Employee desires to accept employment as City Manager of the City of Diamond Bar. B. The City Council desires to: (1) Encourage the highest standards of fidelity and public service on the part of Employee; and (2) Provide a just means for terminating Employee's services at such time as she may be unable fully to discharge her duties, or when City may desire otherwise to terminate her employment. C. The parties further desire to establish certain benefits, terms and conditions of Employee's employment. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in City's Municipal Code and to perform such other legally permissible and proper duties and functions as the City council may from time to time assign. Employee shall not consult or engage in other non -City connected business or employment without the prior knowledge and express written approval of the City Council. 2. Term. This Agreement is effective as of May 14, 2001 and shall continue in effect unless terminated as provided in Section 3 herein. 3. Termination and Resignation, A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with Paragraph D of this Section 3. Notice of termination shall not be given during or within a period of ninety (90) days succeeding any general municipal election held in the City at which members of the City Council are elected. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with City, subject only to Employee providing thirty (30) days prior written notice to the City. C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for "cause", then City may terminate this Agreement immediately and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in his section, "cause" shall mean any of the following: (1) Conviction of any felony. (2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement. (3) Willful abandonment of duties. (4) A pattern of repeated, willful and intentional failure to carry out clear, unambiguous, materially significant and legally constituted policy decisions of the City Council made by the City Council as a body. C. In the event Employee is terminated by the City council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as "cause" is defined in Paragraph C above, then, subject to the limitations set forth in Government Code Section 53260, the City shall pay Employee a lump sum cash payment equal to six (6) month's aggregate salary. The work "termination" in this paragraph shall include a reduction in salary (other than an across- the-board reduction applicable to all senior level employees) or other financial benefits of Employee, or Employee's resignation, if preceded by a suggestion by the City Council, whether formal or informal, that she resign. 4. Salary, City agrees to pay Employee for the services required by this Agreement a monthly base salary of Ten Thousand Dollars ($10,000.00) per month and payable on the City's regular paydays. City agrees to pay Employee a monthly car allowance of Four Hundred Dollars ($400) per month. The car allowance is intended to reimburse Employee for the use of her private vehicle for City business. At the time of her annual evaluation, City agrees to evaluate Employee's salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent as City Council in its discretion may determine that it is desirable to do so. 5. Hours of Work. Employee shall work a 9/80 work schedule, meaning that she is entitled to be off work on alternate Fridays. That notwithstanding, Employee's duties may involve expenditures of time in excess of nine (9) hours per day, eighty (80) hours per two week period, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. Retirement and Insurance Benefits. A. Retirement. During the term of this Agreement, City shall contribute to employer's and Employee's portion of Employee's membership in the Public Employees Retirement System. Employee shall pay any legally required Social Security withholding. B. Medical and Other Insurance. City shall provide Employee with the same amount per month as is provided to City department directors to be applied towards a cafeteria plan for purchase of health, dental, vision or life insurance, deferred compensation or other similar available benefits at Employee's election. In addition, City shall provide Employee with $50,000 worth of term life insurance. C. Other Benefits. City shall provide and pay for all other insurance mandated by State law. D. Waiver. Employee waives any other insurance benefits. 7. Leave. A. Leave. Employee shall be entitled to sick leave, vacation, administrative leave and floating holiday leave in the same manner as other city management employees. B. Holidays. Employee shall be entitled to the same number of paid holidays per year as provided to other City employees. S. Educational Expense Reimbursement. City agrees to provide employee an educational allowance of Three Thousand Dollars ($3,000) per fiscal year for use in obtaining a Masters Degree. City agrees to reimburse Employee for said educational expenses upon submittal of proper documentation (i.e. receipts, registration, and course completion). 9. Memberships. City agrees to pay Employee's membership dues in the International City Management Association (" ICMA") and Employee shall have a reasonable right to attend meetings of such Association and of the California League of Cities and other similar organizations to which City is a member, at City expense with prior City Council approval. City agrees to pay for such other professional membership dues and subscriptions as are approved in advance by the City Council. 10. General Expenses. City recognizes that certain extraordinary expenses of a nonpersonal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City Council within thirty (30) days for approval and which are support by expense receipts, statements or personal affidavits,. and an audit thereof in like manner as other demands against the City. 11. Evaluation of Performance. On or about the six month anniversary of the commencement of this Agreement, the City Council shall review and provide Employee with an evaluation of her performance based on criteria established by the Council with Employee's assistance. The City Council shall conduct such an evaluation annually thereafter. 12. 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 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. 13. 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 City to listed beneficiaries. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. This Agreement shall be effective as of May 14, 2001. E. City shall bear the cost of any fidelity bond required of Employee under the Municipal Code. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. ATTEST: 4LyndaKBgurQg—ess, City erk CITY OF DIAMOND BAR Robert . Huff, ayor EMPLOYEE nda C. Lowry EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into as of the 17th day of April, 2001, by and between the CITY OF DIAMOND BAR, State of California, a Municipal Corporation (hereinafter "City"), and LINDA C. LOWRY (hereinafter "Employee"). RECITALS A. City desires to engage the services of Employee, and Employee desires to accept employment as City Manager of the City of Diamond Bar. B. The City Council desires to: (1) Encourage the highest standards of fidelity and public service on the part of Employee; and (2) Provide a just means for terminating Employee's services at such time as she may be unable fully to discharge her duties, or when City may desire otherwise to terminate her employment. C. The parties further desire to establish certain benefits, terms and conditions of Employee's employment. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained the parties agree as follows: 1. Duties. City agrees to employ Employee as City Manager of City to perform the functions and duties specified in City's Municipal Code and to perform such other legally permissible and proper duties and functions as the City council may from time to time assign. Employee shall not consult or engage in other non -City connected business or employment without the prior knowledge and express written approval of the City Council. 2. Term. This Agreement is effective as of May 14, 2001 and shall continue in effect unless terminated as provided in Section 3 herein. 3. Termination and Resignation. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee without cause, at any time, subject only to the City providing written notice to Employee, and complying with Paragraph D of this Section 3. Notice of termination shall not be given 1 during or within a period of ninety (90) days succeeding any general municipal election held in the City at which members of the City Council are elected. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from her position with City, subject only to Employee providing thirty (30) days prior written notice to the City. C. Notwithstanding the provisions of Paragraph A of this Section 3, in the event Employee is terminated by City for "cause", then City may terminate this Agreement immediately and Employee shall be entitled to only the compensation accrued up to the date of termination. As used in his section, "cause" shall mean any of the following: (1) Conviction of any felony. (2) Conviction of a misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement. (3) Willful abandonment of duties. (4) A pattern of repeated, willful and intentional failure to carry out clear, unambiguous, materially significant and legally constituted policy decisions of the City Council made by the City Council as a body. C. In the event Employee is terminated by the City council at any time that Employee is still willing and able to perform the duties of City Manager, and the termination is without cause as "cause" is defined in Paragraph C above, then, subject to the limitations set forth in Government Code Section 53260, the City shall pay Employee a lump sum cash payment equal to six (6) month's aggregate salary. The work "termination" in this paragraph shall include a reduction in salary (other than an across- the-board reduction applicable to all senior level employees) or other financial benefits of Employee, or Employee's resignation, if preceded by a suggestion by the City Council, whether formal or informal, that she resign. 4. Salary. City agrees to pay Employee for the services required by this Agreement a monthly base salary of Ten Thousand Dollars ($10,000.00) per month and payable on the City's regular paydays. 2 City agrees to pay Employee a monthly car allowance of Four Hundred Dollars ($400) per month. The car allowance is intended to reimburse Employee for the use of her private vehicle for City business. At the time of her annual evaluation, City agrees to evaluate Employee's salary and/or any other benefits Employee receives under this Agreement and to make modifications in such amounts and to such an extent as City Council in its discretion may determine that it is desirable to do so. 5. Hours of Work. Employee shall work a 9/80 work schedule, meaning that she is entitled to be off work on alternate Fridays. That notwithstanding, Employee's duties may involve expenditures of time in excess of nine (9) hours per day, eighty (80) hours per two week period, and will also include time outside normal office hours such as attendance at City Council and other meetings. Employee shall be exempt from paid overtime compensation. 6. Retirement and Insurance Benefits. A. Retirement. During the term of this Agreement, City shall contribute to employer's and Employee's portion of Employee's membership in the Public Employees Retirement System. Employee shall pay any legally required Social Security withholding. B. Medical and Other Insurance. City shall provide Employee with the same amount per month as is provided to City department directors to be applied towards a cafeteria plan for purchase of health, dental, vision or life insurance, deferred compensation or other similar available benefits at Employee's election. In addition, City shall provide Employee with $50,000 worth of term life insurance. C. Other Benefits. City shall provide and pay for all other insurance mandated by State law. D. Waiver. Employee waives any other insurance benefits. 7. Leave. A. Leave. Employee shall be entitled to sick leave, vacation, administrative leave and floating holiday leave in the same manner as other city management employees. 3 B. Holidays. Employee shall be entitled to the same number of paid holidays per year as provided to other City employees. 8. Educational Expense Reimbursement. City agrees to provide employee an educational allowance of Three Thousand Dollars ($3,000) per fiscal year for use in obtaining a Masters Degree. City agrees to reimburse Employee for said educational expenses upon submittal of proper documentation (i.e. receipts, registration, and course completion). 9. Memberships. City agrees to pay Employee's membership dues in the International City Management Association ("ICMA") and Employee shall have a reasonable right to attend meetings of such Association and of the California League of Cities and other similar organizations to which City is a member, at City expense with prior City Council approval. City agrees to pay for such other professional membership dues and subscriptions as are approved in advance by the City Council. 10. General Expenses. City recognizes that certain extraordinary expenses of a nonpersonal and job affiliated nature may be incurred by Employee. City agrees to reimburse Employee for reasonable expenses which are submitted to the City Council within thirty (30) days for approval and which are support by expense receipts, statements or personal affidavits, and an audit thereof in like manner as other demands against the City. 11. Evaluation of Performance. On or about the six month anniversary of the commencement of this Agreement, the City Council shall review and provide Employee with an evaluation of her performance based on criteria established by the Council with Employee's assistance. The City Council shall conduct such an evaluation annually thereafter. 12. 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 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. 13. General Provisions. A. The text herein shall constitute the entire agreement between the parties. 4 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 City to listed beneficiaries. C. If any provision or portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this Agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect. D. This Agreement shall be effective as of May 14, 2001. E. City shall bear the cost of any fidelity bond required of Employee under the Municipal Code. IN WITNESS WHEREOF the parties have executed this Agreement as of the day and year first above written. CITY OF DIAMOND BAR ATTEST: Lynda Burgess, City erk