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Home My Public Portal AboutResolution - 04-30- 20040825 - General Counsel Employmen RESOLUTION NO. 04-30 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 DISTRICT GENERAL COUNSEL AND APPROVING THE DISTRICT GENERAL COUNSEL'S EMPLOYMENT AGREEMENT WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1996, with Susan M. Schectman, employing her as the District's General Counsel which has been amended several times thereafter; and WHEREAS, the Board desires to integrate the Agreement and all amendments to it into an updated Employment Agreement; and WHEREAS, the Agreement provides for an annual review of District General Counsel's performance and an annual compensation review; and WHEREAS, the last annual compensation adjustment for the General Counsel was approved in August 2003, retroactive to April 1, 2003; and WHEREAS, the Board desires to adjust District General Counsel's compensation to include a three point salary adjustment for fiscal year 2004-2005, retroactive to April 1, 2004, thereby g increasin her salary to $110,180.55 per year; and WHEREAS,the Board, based on its annual review of Schectman's performance, desires to grant her a meritorious pay of 5%, or$5,347.01 over and above Schectman's salary, in recognition of her performance during fiscal year 2003-2004. NOW, THEREFOR E, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does authorize the Preside nt of the Board of Directors to execute the attached General Counsel Employment Agreement on behalf of the General Counsel 's s sal to Mid peninsula,Regional Open Space District to increase Distr ict G �'Y P g 110 180.55 per year based on a three point salary adjustment, retroactive to April 1, 2004, and $ p Y increasing District General Counsel's annual vacation hours from 140 hours to 150 hours, effective Janu ary 1 2005. In or der to ach ieve this level of accrual, the District General Counsel , will receive 22 hours of vacation leave on January 1, 2005, and thereafter accrue vacation leave at the same rate as other employees with ten years of District employment. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant District General Counsel, by adoption of this resolution, a 5% meritorious pay award in the amount of$5,347.01 over and above District General Counsel's salary for meritorious service in fiscal year 2003-2004. i I RESOLUTION NO. 04-30 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: *ecreta4ry �M�- President Board of Directors Board of Directors I the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that 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 d called on the above da held an .Y ' Dist erk � i DISTRICT GENERAL COUNSEL EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is entered into this 250' day of August, 2004, by and between Midpcninsula Regional Open Space District, a California public agency("District"), and Susan M. Schectman ("Attorney"). NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Designation of District General Counsel SUSAN M. SCHECTIMAN is appointed and employed as legal counsel for the District. The designation of the position is General Counsel. 2. Duties. A. Administrative Duties 1) Attorney shall attend all regular and special meetings of the District Board of Directors as needed. Attorney's duties in this connection shall be to render advice and opinions with respect to legal matters which may arise during such meetings, except legal matters which may pertain to proceedings wherein specialized legal services are to be provided by special counsel or which do not fall within Attorney's scope of duties. 2) Attorney shall also attend meetings of committees and staff of the District when requested to do so by the District Board of Directors or the District General Manager. 3) When requested to do so by the District Board of Directors or District General Manager, Attorney shall prepare and review resolutions, notices, contracts, leases, ordinances and other legal documents and papers in matters pertaining to the District, and shall also examine for legal ' sufficiency all documents submitted to her by the District. 4) Attorney shall perform legal research as required to attend to the legal needs of the District and shall review legislation and court decisions to determine their effect upon District affairs. 5) Attorney shall cooperate with and assist the District, its officers, directors, agents and employees on all general legal matters pertaining to the District, including the enforcement of District laws, ordinances and codes. other related and appropriate le 6) Attorney shall also perform such oal g services for the District as may be requested by the District Board of Directors or the District General Manager. B. Litigation Duties When requested to do so by the District Board of Directors, Attorney shall represent the District in legal and administrative proceedings to which the District may be a party. 3. Acting Attorney Attorney shall select another person or persons to act as General Counsel to the District in cases where Attorney is unable to act due to illness, vacation or other reason. The selection of Acting General Counsel shall be subject to the approval of the District Board of Directors where the appointment exceeds three weeks. 4. Limitation on Duties A. The Attorney's position shall be 4/5 times (.80) and her regular work hours shall be generally 32 hours of service per week, including attendance at Board or Board Committee meetings. B. It is recognized that the District normally contracts with special counsel in certain matters pertaining to the District, such as labor relations, worker's compensation, general liability and bond issues. In the event legal services P g ty are provided by special counsel, Attorney will be responsible for general oversight in such cases to insure the District is effectively represented and for providing general legal assistance and support to the special counsel as needed. 5. Compensation and Benefits A. As compensation for the services to be performed hereunder, Attorney shall receive an annual salary at the rate of $110,180.55, retroactive to April 1, 2004. B. In recognition of the importance of continuing public agency law education to the Attorney's effective representation of the District, attorney may attend relevant professional seminars such as League of California Cities City Attorney conferences at a cost not in excess of$1,000.00 per year for travel, meals, lodging and conference expenses. Other District related legal education or travel expenses may be approved by the District when deemed in the best interest of the District. 2 C. Attorney shall receive the medical, dental, vision, life insurance, long term disability insurance, deferred compensation, sick leave conversion, Section 125 Cafeteria plan and other benefits available to employees of the District on the same terms available to those employees, except as otherwise set out herein. Except for medical insurance coverage of the health plan selected by Attorney and long term disability coverage, for which District will pay full premiums, such benefits shall be pro-rated and District shall pay 80% of applicable premiums for each benefit. D. District shall pay both the Attorney's employee contribution and the District's employer contribution in accordance with the District's 2 % at 55 plan with the California Public Employees' Retirement System (PERS). E. District will pay the employer's share of Social Security Medicare Tax and Attorney will pay the employee's share. F. Attorney may participate in any District optional benefit plan at her own cost. G. Attorney shall earn leave as set forth in the District's "Personnel Policies and Procedures Manual" and "Administrative Leave Program for Managers" pro- rated at 80% of applicable amounts, except that Attorney shall receive 22 hours of vacation leave which shall be credited to Attorney's vacation leave balance on January 1, 2005. Thereafter, Attorney will accrue vacation leave on the same basis as other management employees who have had ten years of District employment, pro-rated at 80% of the applicable accrual rate. H. Attorney will be eligible to receive mileage reimbursement at the applicable District rate for use of her personal vehicle on District business. I. The District may grant Attorney meritorious pay, ranging from 0% to 5% over and above Attorney's annual salary. Such meritorious pay shall be based on the Board's annual review of Attorney's performance. Evaluation shall be based upon criteria and objectives to which the Board and Attorney have mutually agreed. Meritorious pay shall not be a salary adjustment, but rather recognition for performance during the previous year of service. 6. Attorney may terminate this Agreement upon forty-five (45) days' written notice to District. District may terminate this Agreement by written notice to Attorney at any time. Attorney serves at the pleasure of the District Board of Directors and may be discharged without cause. 7. On an annual basis, the District will review the performance of Attorney and will consider any proposals by the District Board of Directors or Attorney to modify or amend this Agreement and to adjust salary and/or benefits which may be adjusted retroactively to the beginning of the District's fiscal year. 3 8. This Agreement shall become effective on August 25, 2004 and shall supercede all prior Agreements and amendments thereto. IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement this 25th day of August, 2004 at Los Altos, California. MIDPENINSULA REGIONAL OPEN ATTORNEY: SPACE DISTRICT: B Y: Mary Davey, President Susan M. Schectman Date: 6� y Date: 8 Z6 0 — ATTEST: Sally ldt, District 4