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HomeMy Public PortalAbout07) 7E At-Will Employee Compensation NegotiationCity Council July 17, 2012 Page 2 5. On February 21, 2012, the City Council approved an at-will employment agreement with Administrative Services Director Tracey Hause. ANALYSIS: The Temple City Municipal Code gives the City Manager the authority to appoint, promote, discipline, and/or remove officers and employees of the city except the City Attorney ; to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his jurisdiction. Further, he exercises control over and supervises in general all departments and divisions of the city government and all appointive officers and employees thereof, except the City Attorney. With this authority, the City Manager also has the ability to negotiate base salary compensation with all at-will employees within the City Council approved salary ranges . Currently, all three at-will employment agreements with Ms. Hause, Mr. Haworth and Mr. Masura, indicate that any and all adjustments to base salary compensation will be obtained through negotiation with the City Council. The City Attorney requested that these agreements be changed to be consistent with the recently negotiated at-will employment agreements with City Clerk Kuo and Parks and Recreation Director Burroughs . Their at-will employment agreements indicate that all adjustments to base salary compensation will be through negotiation with the City Manager. CONCLUSION: In order to be in compliance with the Temple City Municipal Code and ensure all at-will employment agreements are consistent, the City Manager should have the authority to negotiate compensation for existing at-will employment agreements with the Administrative Services Director, Community Services Director and Economic Development Manager/Assistant to the City Manager. FISCAL IMPACT: This action will not have an impact on the FY 2012-13 City Budget. Attachment ··A., BURROUGHS may, upon advance approval from the City Manager and adequate budgeted funds therefore, undertake such activities as are directly related to her professional development and that advance the interests and standing of CITY. These activities may include, without limitation, participation in the California Contract Cities Association, California League of Cities, or other similar national, statewide, regional or professional organizations, provided that such activities do not in any way interfere with or adversely affect her employment as Parks and Recreation Director or the performance of her duties as provided herein. CITY agrees to reimburse, as provided in Section 1.8 [Reimbursement] of this Agreement, BURROUGHS's reasonable and necessary travel, business and subsistence expenses for the activities described herein. 1.7 Other Activity. In accordance with Government Code Section 1126, during the period of her employment, BURROUGHS shall not accept, without the express prior written consent of the City Manager, any other employment or engage, directly or indirectly, in any other business, commercial, or professional activity (except as permitted under Section 1.6 [Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may be competitive with CITY, that might cause a conflict-of-interest with CITY, or that otherwise might interfere with the business or operation of CITY or the satisfactory performance of BURROUGHS's duties as Parks and Recreation Director. 1.8 Reimbursement. CITY shall reimburse BURROUGHS for reasonable and necessary travel, subsistence and other business expenses incurred by BURROUGHS in the performance of her duties. All reimbursements shall be subject to and in accordance with California law and CITY's adopted Employee Reimbursement Policy. 2. Compensation. 2 .1 Base Salary. BURROUGHS shall receive an annual base salary of ($XXX,:XXX) paid according to the payroll schedule in place for CITY employees paid bi-weekly. Any and all adjustments to BURROUGHS's base salary compensation will be obtained through negotiation with the City Cm:meil City Manager and are not governed by CITY's Personnel Policies. 2.2 Evalua·tion. Annually, and at a time agreed upon by the City Manager and BURROUGHS (but which time shall be no later than the final quarter of each calendar year), the City Manager will review and evaluate the performance of BURROUGHS as Parks and Recreation Director. The purpose of the review shall be to provide BURROUGHS with feedback on her performance, desired areas of improvement, and progress in meeting, achieving, or exceeding City Council and City Manager defined goals, objectives, priorities, activities, and programs (collectively the Parks and Recreation Director Work Program). During BURROUGHS's first year of employment, by July 1, 2012 or as soon thereafter as may be scheduled, BURROUGHS shall meet with the City Manager to establish Goals for the following year. CITY must provide BURROUGHS with written documentation of such goals. Failure by City Manager to provide a timely or any performance evaluation shall not limit City Manager's ability to terminate this Agreement pursuant to Section 5 [Termination]. RJV #4819-3111-7832 v2 3