The URL can be used to link to this page

Home My Public Portal AboutResolution - 04-29- 20040825 - General Mangager Employme RESOLUTION NO. 04-29 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING 2004-2005 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE GENERAL MANAGER AND APPROVING THE DISTRICT GENERAL MANAGER'S EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as the District's General Manager; and WHEREAS,the Agreement provides for an annual review of the General Manager's performance and an annual compensation review, which the Board has completed; and WHEREAS, the Board desires to adjust the General Manager's compensation to include a three point salary adjustment, increasing his salary to $148,465.97 per year retroactive to March 10, 2004; and WHEREAS, the Board, based on its annual review of Britton's performance, desires to grant him meritorious pay of 5% or$7,204.98 over and above Britton's salary in recognition of his outstanding performance during the previous year of service; and WHEREAS, the Board and the General Manager desire to update, modernize and into the nine previous Amendments into the original General Manager's Employment Agreement by entering into a new Employment Agreement. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does authorize the President of the Board of Directors or other appropriate officer to execute the attached General Manager Employment Agreement on behalf of the Midpeninsula Regional Open Space District, which incorporates an increase in the General Manager's salary to $148,465.97 per year based on a three point cost of living salary adjustment, retroactive to March 10, 2004; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution a 5% meritorious pay award in the amount of$7,204.98 over and above the General Manager's salary for meritorious performance in fiscal year 2003-2004. I RESOLUTION No. 04-29 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on August 25, 2004, at a Regular Meeting thereof, by the following vote: AYES: J. Cyr, M. Davey, N. Hanko, L. Hassett, D. Little, K. Nitz, P. Siemens NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: ATTE a� Secretary President Board of Directors Board of Directors i I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that i the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly p I held and called on the above day. I I Dis erk I ' I i i DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into this 25th of August, 2004, by and between Midpeninsula Regional Open Space District, a California public agency ("District"), and L. Craig Britton("General Manager"). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I Designation of District General Marine L. CRAIG BRITTON is hereby appointed and employed as General Manager of the District. 2. Powers and Duties A) The General Manager's powers and duties shall be as specified in Sections 5538 and 5549 of the Public Resources Code of the State of California; and B) All duties, powers, and responsibilities as provided in the District Personnel Policies and Procedures Manual ("Manual"); and Q Such other duties as the Board of Directors may direct consistent with the District's enabling legislation. 3. Compensation and Benefits Compensation and benefits shall be according to the terms and conditions set out in the Manual and as set forth herein. A) Salary. As compensation for the services to be performed hereunder, the General Manager shall receive a salary at the rate of $148,465.97 per calendar year. District's Board of Directors (the "Board") shall review the General Manager's performance and salary annually. B) Annual Salary Adjustment The Board shall consider an annual salary adjustment for the General Manager on or about the anniversary of the date the General Manager was first hired, March 9, 1994. Any such annual salary adjustment shall be retroactively applied to said anniversary date. The Board shall consider the annual salary adjustment separately from any meritorious pay granted, and may grant the General Manager a greater or lesser amount, if any, than that granted to other District employees. Any such annual salary adjustment increase shall be applied under the District's salary point system. Q Meritorious Pay. The Board may grant the General Manager a meritorious pay award, ranging from 0% to 5% over and above the General Manager's annual salary and in addition to consideration of a possible annual salary adjustment increase. Such meritorious pay award shall be based on the Board's annual review of the General Manager's performance. The 1 evaluation shall be based upon criteria and objectives to which the Board and the General Manager have mutually agreed. Meritorious Pay shall not be a salary adjustment, but rather recognition for performance during the previous year of service. D) Vacation. Holiday. and Sick Leave. The General Manager earns vacation, holiday, personal, administrative and sick leave at the current rate of accrual in accordance with the Manual. In addition to the vacation cash- out provisions of Section 6.3(f) of the Manual, the General Manager may elect to cash-out up to eighty (80) additional hours of accrued vacation leave in any calendar year. E) Retirement Plan. The District shall pay both the employee's 7% contribution and the District's matching contribution in accordance with the District's 2 % at 55 plan-with the California Public Employees' Retirement System (PERS). F) Mileage Allowance. The District shall pay the General Manager an in-lieu mileage allowance calculated at the rate of 1,000 miles per month multiplied by the current IRS optional standard mileage rate in recognition of the significant use of his private vehicle for District business. G) Benefit Plans. The District shall pay the full premium for the General Manager and dependents for enrollment in any medical insurance plan offered by the District. The District shall also provide dental, vision, and various life and disability insurance coverages, and other benefits available to management employees in accordance with the Manual and as approved by the Board of Directors from time to time, including, but not limited to, participation in the sick leave conversion program, and the basic life insurance equivalent as related to the General Manager's salary. The District will also provide the cafeteria plan in accordance with Internal Revenue Code Section 125 as provided in the Manual. H) Membership and Conferences. The District shall continue to pay for the General Manager's membership or participation in the National Recreation and Parks Association (NRPA), the California Parks and Recreation Society (CPRS), the California Association Regional Park and Open Space Administrators (CARPOSA), and such other organizations and conferences as may be approved by the District Board, in additional to any membership payments offered to employees in the Manual. 4. Severance Pay In the event that the District terminates the General Manager's employment for reasons other than malfeasance, commitment of an illegal act or substance abuse, the Board shall compensate the General Manager in the amount equal to six (6) months' compensation based upon the General Manager's salary as of the date of termination. 2 F 1 5. Termination The General Manager may terminate this Agreement upon sixty (60) days' written notice to District. The General Manager serves at the pleasure of the District Board of Directors and may be discharged without cause, subject to the provisions of Section 4 hereinabove. 6. Entire Agreement This instrument contains the entire agreement of the parties and may be changed only by an agreement in writing signed by the parties hereto. 7. Effective Waiver No waiver by a party of any provision of this Agreement, shall be considered a waiver of any other provision or subsequent breach of the same or of any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 8. Supercedes Agreements This Agreement supercedes any and all previous employment agreements and amendments thereto entered into by and between the District and the General Manager. IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement this 25th day of August, 2004 at Los Altos, California. MIDPENINSULA REGIONAL OPEN GENERAL MANAGER: i SPACE DISTRICT: I pp � By: I� Mary Davey, President L. Craig eneral Mana Date: i:56s d X Date: o Ik ATTEST: II "-'Sally foldt, Dist 'ct erk 3 M � II