HomeMy Public PortalAbout87-130 (05-19-87)RESOLUTION NO. 87 -130
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A' RESOLUTION OF THE CITY COU14CIL OF THE CITY OF
LYNWOOD ADOPTING AN EMPLOYMENT AGREEMENT WITH THE
CITY MANAGER
WHEREAS, the City Council and the City Manager have agreed upon
salary, benefits and other conditions of employment, as presented in Exhibit
"A "; and
WHEREAS, the City Council wishes to adopt the Employment Agreement
with the City Manager, as detailed in Exhibit "A ":
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
RESOLVE as follows:
Section 1 . The Employment Agreement (Exhibit "A "), which includes
all agreed -upon provisions and supersedes previous agreements between the
City Manager and the City Council, is adopted.
Section 2 . That relevant resolutions and policies be prepared, as
necessary, to reflect the provisions of the attached Employment Agreement.
Section 3 . This resolution shall take effect immediately upon its
adoption.
PASSED, APPROVED AND ADOPTED THIS 19th date of May , 1987.
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— ATTEST:
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ANDREA L. HOOPER, CITY CLERK
CITY OF LYNWOOD
APPROVED AS TO FORM.
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VIA
PAUL H. RICHARDS II, MAYOR
CITY OF LYNWOOD
EMPLOYMENT AGREEMENT
This Employment Agreement ( "Agreement ") is made by and between the
CITY OF LYNWOOD ( "City "), a Municipal corporation duly organized under the laws
of the State of California and CHARLES G. GOMEZ ( "Mr. Gomez ").
- 1. Agreement To Employ The City hereby agrees to employ Mr. Gomez,
and Mr. Gomez hereby accepts employment by the City on the terms and conditions
set forth in this Agreement.
2. Term of reement Mr. Gomez shall be employed for a term not
to exceed two years comme on January 1, 1987, unless terminated in
accordance with this Agreement, or extended or renewed by mutual agreement in
writing.
3. Employee's Duties: Mr. Gomez shall be employed in the position
of City Manager and shall perform the duties described in the job description
for City Manager on file with the Personnel Officer, or such other respon-
sibilities as the City may assign him. Mr. Gomez shall devote his entire
productive time, ability, and attention to the City's business during the entire
term of this Agreement. Mr. Gomez shall obey all lawful directives of the City
and shall comply with all applicable policies and procedures as the City may
issue from time to time. Mr. Gomez shall not engage in any other part -time or
' full -time employment during the term of this Agreement.
4. Compensation And Benefits In consideration of all services to
be performed by him under this Agreement, Mr. Gomez shall receive the following
compensation and benefits:
A. Salaries/Wages: Mr. Gomez shall receive a monthly salary of
Five Thousand One Hundred Seventy One Dollars and Forty One Cents ($5171.41)
payable in equal installments on the same day of each month that other City
employees are paid. The City shall review Mr. Gomez' salary in July of 1988.
B. Car Allowance: The City Manager shall be required to use
his personal vehic�e�or tFe purpose of conducting City business, and shall
be reimbursed at the rate of TWO HUNDRED EIGHT DOLLARS ($280) per month for
all costs.
C. Executive Leave: It is agreed that Mr. Gomez shall receive
one half (1/2) day per month executive leave, plus an additional two (2)
days annually, granted on January 1 of each year and accruable year to year.
Accrued executive leave may be taken at any time subsequent to
notification of the City Council.
D. Insurance Coverage: The City shall contribute up to One
Hundred Seventy Five Dollars $175.00) per month toward health insurance
premiums for Mr. Gomez. This contribution will be applied to the premium
attributable to coverage for Mr. Gomez. If Mr. Gomez elects to have
dependent coverage under the existing health plans, the City will apply
the difference between the premium and Seventy Five Dollars ($75.00) toward
dependent coverage. Mr. Gomez must pay the remaining premium. Such pay-
ment will be made by payroll deduction. If the premium for employee
Coverage exceeds One Hundred Seventy Five Dollars ($175.00), the City will
continue to pay the entire premium for employee coverage only.
The City will put into effect the Dental Plan, as agreed. The City
will pay the full cost of premiums for Mr. Gomez and his eligible depend-
ents for the Dental Plan coverage available to other City management
personnel.
The City shall provide life insurance in the amount of Fifteen
Thousand Dollars ($15,000.00) for Mr. Gomez.
E. Sick Leave Policy: Sick leave with pay shall be granted at the
rate of One (1 work cayf for each calendar month of service. Sick leave
shall not be considered a privilege which may be used at Mr. Gomez'
discretion, but shall be allowed only in case of necessity and actual sick-
ness or disability.
In order to receive compensation while absent on sick leave, Mr. Gomez
shall notify the Mayor and the Council Secretary prior to, or within two
(2) hours of the time set for beginning duty, unless notification is
physically impractical. The City may require a physician's certificate
and release to return to work whenever there is reasonable doubt as to
Mr. Gomez' ability to perform his duties satisfactorily and safely. The
City maintains the right to discipline for excessive absenteeism.
At the time of resignation or termination, the City Manager will be
compensated for fifty percent (50 %) of unused sick leave which has been
accrued from the date of this Agreement to.the effective date •resitgnation
or termination. The method of compensation shall be on a straight -time pay
basis at the rate of pay in effect at the time of termination.
F. Holida - Section I: The City and Mr. Gomez agree to incorporate
into the I9emoran um tie o owing holidays to be eliminated and have float-
ing holidays replace them. The holidays to be eliminated are: Washington's
Birthday, Lincoln's Birthday, Columbus Day, Admission Day and Veteran's
Day.
(a) The total number of floating holidays is Five (5) with all
floating holidays available at the beginning of the calendar
year. All floating holidays to be taken off are subject to
operational and scheduling factors.
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Holiday - Section 2 : Mr. Gomez shall be allowed the following
paid holidays: New Year's Day (January 1), Martin Luther King Day
(3rd Monday in January), Memorial Day (1st Monday in May), Independence
Day (July 4), Labor Day (1st Monday in September), Thanksgiving Day
(4th Thursday in November), the day after Thanksgiving (4th Friday in
November), Christmas Day (December 25).. Personal Leave Day may be taken
on any day of Mr. Gomez' choosing, subject to operational and scheduling
factors, and notification of the City Council is required. No personal
Leave Day may be carried over to another calendar year. When a holiday
named in this Agreement falls on Sunday, it shall be observed on the
following Monday. When a holiday named in this regulation falls on
Saturday, it shall be observed on the preceding Friday.
G. Retirement Polic : The City agrees to pay the Mr. Gomez'
Contribution or tie u is Employees' Retirement System (PERS).
Retirement compensation shall be computed based upon the employee's
One (1) year's highest earnings.
H. Annual Vacation Leave Mr. Gomez shall accrue Ten (10) working
days of vacation leave without limit on the accrual. Vacation leave may
be taken at any time, subject to the needs of the City and notification
of the City Council.
Mr. Gomez must take a minimum of One (1) day of accrued vacation
' time each time vacation is requested. Deviation from this policy is
allowed only with the written approval of the City Council.
In the event one or more municipal holidays fall with an annual
vacation leave, such holiday(s) shall not be charged as vacation leave,
and the vacation leave shall be extended accordingly.
Upon termination or such earlier time as approved by the City
Council, Mr. Gomez shall be paid in a lump sum for all accrued vacation
leave prior to the effective date of termination.
I. Leaves of Absence Leaves of Absence shall be determined by
the City Council upon request by Mr. Gomez.
J. Bereavement Leave: In the event of a death in the employee's
immediate family, the City Council may grant a Three (3) day bereavement
leave with pay. "Immediate family" is defined as mother or father or
grandparents or employee or mate; mate, brother, sister, children or
grandchildren of employee.
K. Emergency Leave In the event of an emergency, Mr. Gomez may
be granted the use of a maximum of Two (2) days sick leave annually as
emergency leave. Application for emergency leave may be under the fol-
fowing conditions:
(1) Hospitalization or illness in immediate family, and, (2)death in
t family not covered by bereavement leave; and (3) other events which preclude
the employee's attendance at work and which the City Council determines
constitutes an emergency.
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K. Service Disability Under the provisions of the Worker's
Compensation Insurance and Safety Act of California, employees are
compensated for injuries sustained in the course of employment, render-
ing them unable to perform their duties. The City of Lynwood provides
full salary continuance for Ninety (90) days to the City Manager when
disabled by injury or illness arising out of and in the course of his
duties. Time off work, due to an on- the -job injury, is not deductible
from accumulated sick leave for a period not to exceed Ninety (90) days.
Thereafter, compensation shall be only as provided in the Worker's
Compensation Insurance and Safety Act.
5. Termination of Agreement This Agreement may be terminated by
the City at any time with or without cause. Upon termination of this Agreement
for any reason, Mr. Gomez shall immediately retrieve and deliver to the City
all books, records, and other property of the City and shall cooperate fully
with the City in doing all that is reasonable and necessary to effect an
orderly transition, including but not limited to.full accounting of all work
in progress.
6. Severance Pay: In the event that the City terminates this Agreement
and discharges ldr. Gomez without cause, Mr. Gomez shall be paid a lump sum
severance payment equal to six months of Mr. Gomez' base salary.
7. Complete Agreement This Agreement constitutes the entire agree-
ment of the parties, g supersedes any and all prior oral or written agreements.
There are no other agreements, understandings, or representations, oral or
written, between Mr. Gomez and the City. ` J I
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8. Savings Clause The parties intend that this Agreement comply
with all applicable laws and regulations. In the event any provision of this
Agreement is unenforceable, all remaining provisions shall not be affected and
shall remain in full force and effect.
9. Amendment This Agreement may be amended only in writing, signed
by the party against whom enforcement of the amendment is sought.
10. No Assignment: Neither this Agreement nor the right to receive
payments hereun er may a assigned unless mutually agreed in writing.
11. Choice ofi.Law: This Agreement shall be governed by the laws of
the State of Cal ornia.
12. Effective Date: This Agreement is effective July 1, 1987.
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