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HomeMy WebLinkAbout10-16-2008 - Agenda PacketMEDINA, WASHINGTON CITY COUNCIL SPECIAL MEETING AGENDA THURSDAY, OCTOBER 16, 2008 5:30 PM MAYOR MARK NELSON DEPUTY MAYOR JIM LAWRENCE COUNCIL MEMBERS LUCIUS BIGLOW DREW BLAZEY BRETJORDAN BOB RUDOLPH SHAWN WHITNEY CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE OTHER BUSINESS INTERIM CITY MANAGER MIKE CALDWELL CITY ATTORNEY WAYNE TANAKA CITY CLERK RACHELBAKER 5:30 PM OB-1: Continuation of discussion and potential action regarding matter concerning Council Member Biglow OB-2: Appointment of City Manager and Approval of City Manager Employment Agreement ADJOURNMENT Next Special Meeting: Monday, October 27, 2008; 6:30 pm Next Regular Meeting: Monday, November 10, 2008; 6:30 pm Medina City Hall • 501 Evergreen Point Road s Medina WA 98039 425-233-6400 ph + 425-454-8490 fx . www.medina-wa,gov EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2008, by and between the City of Medina, State of Washington, a municipal corporation, (hereinafter called "Employer or City") and Donna Hanson, (hereinafter called "Employee") an individual who has the education, training and experience in local government management, both of whom agree as follows: Section 1. Duties and Authority Employer hereby agrees to employ Donna Hanson as City Manager to perform the functions and duties specified in Title 35A of the Revised Code of Washington and by Chapter 1.08 of the Medina Municipal Code and to perform other legally permissible and proper duties and fiinctions as the Medina City Council may from time to time assign. Section 2. Term This Agreement shall commence November 3, 2008, and shall continue until terminated by the Employer or Employee as provided in Section 3, 4 or 5 of this Agreement. Employee shall at all times remain an `at will' employee. Section 3. Suspension and Termination The City Council may suspend or terminate Employee as provided by state law. For the purpose of this Agreement, termination shall occur when: A. The majority of the City Council votes to terminate the Employee at a duly authorized public meeting. B. If the Employer reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall be regarded as a termination. C. The Employer substantially and materially reduces the duties of the Employee. D. If the Employee resigns following an offer to accept resignation, made by a member of the City Council as a representative of the majority of the governing body, then the Employee may declare a termination as of the date of the offer. E. Breach of this Agreement declared by either party with a 30-day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 17. Section 4. Severance { WDT708034.DOC;1100093.0900001} 1 A. If Employee is terminated by the City for any reason other than as set forth in subsection C, below, Employee shall be entitled to a severance payment. Initially, Employee shall be entitled to 3 months severance. An additional month shall be added at each anniversary date of employment, up to a total of 6 months. B. This severance shall be paid on a monthly basis, provided that Employee has not secured other employment. During this time, Employee shall continue to receive medical, dental, vision, life insurance and deferred compensation benefits. No other benefits shall be paid or accrued. If Employee has secured other employment, the payments shall be reduced by the monthly salary and benefits of said other employment. The Employee shall also be compensated for all accrued sick leave, subject to the limits for Department Directors. C. In the event Employee is terminated because of the commission of any felony, for commission of a dishonest act involving personal gain, or for a breach of this Agreement as provided in Section 3, then the Employer shall have no obligation to pay any severance pay or benefits to Employee. Section 5. Resignation In the event that the Employee voluntarily resigns her position with the Employer, the Employee shall provide a minimum of thirty (30) days notice unless the parties agree otherwise. No severance shall be due upon voluntary resignation. Section 6. Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $130,000, payable in installments at the same time that the other management employees of the Employer are paid. B. Deferred Compensation. Employee shall be entitled to the same matching deferred compensation contributions as Employer provides to City Department Directors. C. Increases in base salary, deferred compensation, retirement contribution and/or other allowances may be given by Employer without amendment of this Agreement. Any such increases shall be effective as of January 1 of each year or following the Performance Evaluation referenced in Section 7 below unless otherwise agreed by the parties. Section 7. Performance Evaluation A. The City Council shall annually review and evaluate the performance of the Employee on or about the anniversary date. ,WDT708034.DOC;1%00093.090000 } 2 B. Annually, the City Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. Section 8. Hours of Work It is recognized that Employee must on occasion, devote time outside the normal office hours on business for the Employer and for commute trip reduction, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 9. Outside Activities Employee is expected to devote her full time and attention to her duties as City Manager. Any outside activities that might materially interfere with her duties shall require approval by the City Council. Section 10. Reimbursable Expenses The Employer agrees to reimburse Employee for normal business expenses including those related to meetings, conferences and professional development. Section 11. Car Allowance The Employee's duties require exclusive and unrestricted use of an automobile. The Employer shall provide a monthly allowance of $400 for automobile expenses incurred by the Employee's use of her personal vehicle. Employee shall be responsible for all costs of operation of the personal vehicle, including insurance, maintenance, repairs and operational costs. Section 12. Vacation and Sick Leave A. Initially, Employee shall have credited 80 hours of sick leave. Thereafter, Employee shall accrue sick leave at the same rate and under the same conditions as other Department Directors. B. On the date of employment, Employee shall be credited with 80 hours of vacation. In addition, for the first year Employee shall accrue vacation at a monthly rate equivalent to generate three weeks per year. Beginning with the second year, Employee shall accrue vacation at a monthly rate equivalent to generate five weeks per year. Annual vacation carry forward and total accrual of vacation including cash out upon termination is limited to that provided for Department Directors. 1,WDT708034.DOC; I /00093.090000/1 3 Section 13. Disability, Health and Life Insurance A. The Employer agrees to provide and to pay the premiums for medical, vision, and dental insurance for the Employee and her dependents equal to that which is provided to all other Department Directors. B. The Employer agrees to provide and to pay the premiums for long term disability coverage for the Employee to the same extent as other Department Directors. C. The Employer shall pay the premium due for term life insurance in the same amount as Department Directors. The Employee shall name the beneficiary of the life insurance policy. D. The Employer agrees to pay a deferred compensation match in the same amount as provided for Department Directors. Section 14. Retirement Employee shall enroll in P.E.R.S. or any alternate plan as allowed by state law. Employer shall make monthly contributions on behalf of Employee to P.E.R.S or other alternate plan, but the amount of contribution shall be limited to what Employer would be required to pay on Employee's behalf to P.E.R.S. Section 15. Dues and Subscriptions Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for Employee's full participation in national, regional, state and local associations and organizations reasonably necessary for the good of Employee and Employer. This shall include but not be limited to ICMA and WCCMA. Section 16. Professional Development A. Employer hereby agrees to budget for and to pay the reasonable travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions of Employer. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for employee's professional development and for the good of the Employer. Section 17. Other Terms and Conditions of Employment A. The Council, in consultation with the Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the (WDT708034.DOC;1/00093.09000W/ 4 Employee's job duties and performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement or any applicable law. B. The provisions of this Agreement shall encompass all salary, vacation, sick leave and other benefits of Employee, notwithstanding any other compensation or benefits provided to any other City employee. Section 18. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor City of Medina P.O. Box 144 Medina, Washington 98039 (2) EMPLOYEE: Donna Hanson Address to be provided. Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19. General Provisions A. Integration. The text herein shall constitute the entire agreement between the parties. Any prior discussion or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remaining provisions shall be deemed to be in full force and effect as { WDT708034.DOC;1 /00093.090000/} 5 if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS WHEREOF, the City of Medina has caused this Agreement to be signed and executed in its behalf by its Mayor and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. CITY OF MEDINA By: Mark Nelson, Mayor EMPLOYEE Donna Hanson Approved as to Form: Wayne D. Tanaka, City Attorney WDT708034.DOC;1100093.090000/} 6